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Surveillance Technologies and Constitutional Law
Christopher Slobogin1, Sarah Brayne2
1Vanderbilt Law School, Vanderbilt University, Nashville, Tennessee, USA.
Annual Review of Criminology
|December 11, 2023
Summary
Government surveillance technology, including cameras and tracking devices, is used for real-time crime observation. This review examines the prevalence, effectiveness, and legal limits of these powerful tools.
Area of Science:
- Criminology
- Law and Technology
- Sociology of Surveillance
Background:
- Government use of technology for real-time observation of potential criminal activity is expanding.
- This contrasts with "transaction surveillance," which accesses existing data.
Purpose of the Study:
- To review the prevalence and effectiveness of government surveillance technologies.
- To examine the legal framework, particularly constitutional doctrine, governing surveillance.
- To explore potential future limitations on the use of these technologies.
Main Methods:
- Literature review of existing evidence on surveillance technology prevalence and effectiveness.
- Analysis of constitutional law and legal doctrines related to government surveillance.
- Exploration of the intersection between technology, crime, and civil liberties.
Main Results:
- Surveillance technologies encompass a wide range, including CCTV, facial readers, GPS, thermal imagers, and communication interception.
- Evidence regarding the prevalence and effectiveness of these technologies is currently limited.
- Constitutional doctrine provides a framework for limiting surveillance, but its application is evolving.
Conclusions:
- Government surveillance technologies are diverse and increasingly sophisticated.
- Further research is needed to understand the societal impact and effectiveness of these tools.
- The law, particularly constitutional protections, plays a crucial role in shaping the future of government surveillance.
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