Privacy at Risk: The New Government Surveillance and the Fourth Amendment

Hardcover
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Author: Christopher Slobogin

ISBN-10: 0226762831

ISBN-13: 9780226762838

Category: Intellectual Property Law

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Without our consent and often without our knowledge, the government can constantly monitor many of our daily activities, using closed circuit TV, global positioning systems, and a wide array of other sophisticated technologies. With just a few keystrokes, records containing our financial information, phone and e-mail logs, and sometimes even our medical histories can be readily accessed by law enforcement officials. As Christopher Slobogin explains in Privacy at Risk, these intrusive acts of surveillance are subject to very little regulation.Applying the Fourth Amendment’s prohibition on unreasonable searches and seizures, Slobogin argues that courts should prod legislatures into enacting more meaningful protection against government overreaching.  In setting forth a comprehensive framework meant to preserve rights guaranteed by the Constitution without compromising the government’s ability to investigate criminal acts, Slobogin offers a balanced regulatory regime that should intrigue everyone concerned about privacy rights in the digital age. Choice “The discussion of surveillance techniques is excellent, the legal analysis is sound, and the case for Fourth Amendment reform compelling. Recommended.”—Choice — D. E. Smith

Preface     ixSurveillance and the Fourth Amendment     1Introduction: Surveillance Techniques and the Law     3A Fourth Amendment Framework     21Physical Surveillance     49Peeping Techno-Toms     51Public Privacy: Surveillance of Public Places and the Right to Anonymity     79Implementing the Right to Public Anonymity     118Transaction Surveillance     137Subpoenas and Privacy     139Regulating Transaction Surveillance by the Government     168Conclusion: A Different Fourth Amendment?     205Notes     219Index     301