CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, April 14, 2021

Rozenshtein on Cost-Benefit Analysis and the Digital Fourth Amendment

Alan Z. Rozenshtein (University of Minnesota Law School) has posted Cost-Benefit Analysis and the Digital Fourth Amendment (40 Criminal Justice Ethics (2021 Forthcoming)) on SSRN. Here is the abstract:
 
Review of Ric Simmons, Smart Surveillance: How to Interpret the Fourth Amendment in the Twenty-First Century (2019).

In "Smart Surveillance," Ric Simmons argues for the application of cost-benefit analysis (CBA) to digital surveillance. This review argues that, although Simmons is right to look to CBA as a tool for applying the Fourth Amendment to new technology, his faith in the courts as the main practitioners of surveillance CBA is misguided. Across a variety of dimensions of institutional competence, the political branches, not the courts, are best placed to make surveillance policy under conditions of technological change.

https://lawprofessors.typepad.com/crimprof_blog/2021/04/rozenshtein-on-cost-benefit-analysis-and-the-digital-fourth-amendment.html

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