GAINESVILLE, Fla. — Acts of government
surveillance — from increasing use of closed-circuit
televisions and global positioning systems to an array of
sophisticated technologies that can access records about our
activities — represent an insidious assault on the freedom
of Americans that the law has failed to respond to, according
to a new book from a University of Florida law professor.
“The Supreme Court of the United States and the court
system generally are not involved in overseeing this new surveillance,
not so much because of a power grab by the executive branch,
but because the courts themselves have taken the judiciary
out of the game,” said UF Levin College of Law professor
Christopher Slobogin, author of “Privacy at Risk: The
New Government Surveillance and the Fourth Amendment”
(University of Chicago Press).
In his book, Slobogin writes, “The assault comes from
government monitoring of our communications, actions and transactions.
The failure results from the inability or unwillingness of
courts and legislatures to recognize how pervasive and routine
this government surveillance has become.”
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To ensure that the government’s use of these powerful
tools is not abused, Slobogin argues, something equally powerful
— the Constitution, and in particular the Fourth Amendment
to the Constitution — must stand guard. Slobogin’s
book focuses on new developments in the government’s
use of technology designed to observe our daily activities
through physical surveillance and to peruse records of those
activities.
While some of these technologically enhanced investigative
techniques have been around for years, most are recent in
origin, and their use by law enforcement officials has increased
dramatically since the terrorist attacks of Sept. 11, 2001.
Since Sept. 11, the Bush Administration has pushed aggressively
in two areas — camera surveillance and data mining.
The government has provided millions of dollars to cities
and municipalities for the purpose of setting up sophisticated
camera systems, which allow the police to zoom in on street
activity at night as well as during the day. Significant resources
have also been poured into establishing data mining programs,
where dozens of government agencies use the power of the computer
and the ability to access records through the Internet and
through commercial data brokers to obtain personal information
about U.S. citizens as well as foreigners.
Full
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