A FAQ ABOUT PROPOSED SURVEILLANCE EQUIPMENT TRANSPARENCY LEGISLATION
Q. Why is this legislation necessary? Why isn’t the Fourth Amendment enough?
A. The short answer is that the law has not kept up with technology.
The longer answer is that our constitution, written in the 1780’s, could not have conceived of the technological capacities we now have for observation and communication. While some legal opinions have extended fourth amendment protections to include newer technologies, others have gone in the opposite direction (e.g., a recent decision, USA v Matish, said that you have no reasonable expectation of privacy with respect to your home computer if it is connected to the Internet!).
We have the very real possibility of soon living in a society far beyond what even George Orwell imagined – where we will be tracked whenever we leave our house through facial recognition integrated with surveillance cameras; where everything we do online will be cataloged, stored and run through algorithms for “thought crime” analysis, and where our conversations may be overheard and analyzed – even in our own homes if we choose to use voice-enabled gadgets. These things are all well within our technological capability today, and who knows what will be possible in five or ten years?
Read more →