Smart Surveillance
How to Interpret the Fourth Amendment in the Twenty-First Century

Looks at the effect of new technologies and privacy, arguing that advances in technology can enhance privacy and security at the same time.

Ric Simmons (Author)

9781108728966, Cambridge University Press

Paperback / softback, published 22 August 2019

270 pages, 8 b/w illus. 5 tables
22.7 x 15.2 x 1.5 cm, 0.39 kg

'… is an impressively presented work of meticulous scholarship and a critically important contribution to our on-going national discussion over the proper role of the government's use of technology within the constitutional context of citizen privacy and the necessities of national security … it should be noted for the personal reading lists of students, academia, governmental security officials, political activists, and non-specialist general readers …' Midwest Book Review

Over the last decade, law enforcement agencies have engaged in increasingly intrusive surveillance methods, from location tracking on cell phones to reading metadata off of e-mails. As a result, many believe we are heading towards an omniscient surveillance state and irrevocable damage to our privacy rights. In Smart Surveillance, Ric Simmons challenges this conventional wisdom by taking a broader look at the effect of new technologies and privacy, arguing that advances in technology can enhance our privacy and our security at the same time. Rather than focusing exclusively on the rise of invasive surveillance technologies, Simmons proposes a fundamentally new method of evaluating government searches - based on quantification, transparency, and efficiency - resulting in a legal regime that can adapt as technology and society change.

Introduction: the myth of the surveillance panopticon
1. The cost-benefit analysis theory
2. Measuring the benefits of surveillance
3. Quantifying criminal procedure
4. Reactive surveillance
5. Binary searches and the potential for 100% enforcement
6. Public surveillance, big data, and mosaic searches
7. The third party doctrine dilemma and the outsourcing of our Fourth Amendment rights
8. Hyper-intrusive searches
Conclusion: implementing the change.

Subject Areas: Criminal justice law [LNFB], Criminal law & procedure [LNF], Constitutional & administrative law [LND], International criminal law [LBBZ], Constitution: government & the state [JPHC]