New technologies are transforming the experience, regulation, and even meaning of personal privacy. Digital surveillance for law-enforcement purposes presents one salient aspect of this broader transformation. This seminar will study U.S. courts’ rapidly evolving reaction to the challenges posed by digital surveillance, with a focus on Fourth Amendment case law and key statutes. Much of the reading will be drawn from recent judicial decisions that must choose to apply, adapt, or abandon settled doctrinal rules. Readings will also include plentiful scholarly works. Among the topics discussed will be GPS trackers, database searches, and the National Security Agency’s telephonic metadata program. Theoretical issues include the nature of privacy in a digital world, the appropriate means of balancing law-enforcement and other interests, and whether courts have the capacity to vindicate the Fourth Amendment in a time of technological flux. A scholarly paper or moot legal brief, an in-class presentation or moot oral argument, and active seminar participation are required. A prior course in constitutional criminal procedure is recommended but not prerequisite.
Administrative Law & Government Regulation - Government, Homeland Security, Immigration and Law Enforcement;
Constitutional Law, Government, and Public Policy;
Criminal Law and Procedure;