Computers, Privacy & the Constitution

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BrayanArreolaFirstPaper 3 - 26 Apr 2024 - Main.EbenMoglen
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ICE Surveillance Dragnet: Government Agencies Bypassing the Fourth Amendment through Third-Party Vendors

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 The advent of technology that enables pervasive government surveillance could scarcely have been envisioned by the Founding Fathers. In light of these developments, it is imperative to expand the protections established in the Carpenter decision, including reexamining the applicability of the Third-Party Doctrine in scenarios where avoiding the sharing of location data is virtually impossible. The central issue remains whether the Fourth Amendment's privacy safeguards can be effectively maintained in an era where government agencies can bypass traditional legal mechanisms to surveil individuals through the acquisition of commercially available location data.
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But the politics of this don't make any sense. It will be easier to legislate in regulation of the government purchase of market-available data than it will be to apply a warrant requirement to efforts to locate undocumented immigrants. The former actually passed the House in a fairly aggressive form during the 702 renewal drama, while the latter could not do so and has no immediate prospect. Why not focus attention on the forms of intervention that are politically practicable?

 
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Revision 3r3 - 26 Apr 2024 - 18:18:33 - EbenMoglen
Revision 2r2 - 21 Mar 2024 - 19:52:48 - BrayanArreola
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