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U.S. Supreme Court Surveillance Decision Limited to Physical Surveillance Methods
The U.S. Supreme Court released its unanimous decision in U.S. v. Jones on the application of the Fourth Amendment (prohibiting unreasonable searches and seizures) to surveillance through the use of GPS technology. While some expected broader consideration of existing surveillance methods, the Court limited its decision to only cover physical intrusions.
Physical intrusions on privacy are often unnecessary given advances made in modern surveillance technology. For example, a court applying U.S. v. Jones is unlikely to consider surveillance cameras, facial recognition software, and other common technologies physically intrusive. However, these technologies allow government agencies to collect substantial amounts of data about individuals.
By failing to consider the potential effects of widespread adoption of technologies that are not physically intrusive, the Court has done little to guide future application of the Fourth Amendment. Some commentators suggest that this decision will ensure that the core values within the Fourth Amendment will continue to be fundamentally undermined.
The Court acknowledged the difficulties that modern technologies pose to privacy and suggested that legislation may be the best approach to them.
For additional information, visit:
http://shorl.com/posystofrestehu
For a copy of the court decision along with various legal analysis, visit:
http://epic.org/amicus/jones/