CrimProf Blog

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

Monday, November 28, 2022

Jarecki on Perpetual Surveillance

John Jarecki has posted Privacy in the Panopticon: The Fourth Amendment Case Against Perpetual Surveillance (Vol. 48. No 1. University of Dayton Law Review 2022) on SSRN. Here is the abstract:

This article explores the need for greater Fourth Amendment protections against the practice of long term pole camera surveillance. Section II offers a history of the Fourth Amendment in the context of surveillance and reviews the development and pitfalls of the famous Katz test. It also recounts how courts have fractured in their efforts to apply Katz to cases involving lengthy video monitoring and considers the oft-cited Mosaic Theory in more detail. Section III argues that the United States Supreme Court, as the final arbiter of disputes among the circuit courts, is in the best position to reboot the now wearied Katz test to preserve privacy rights in the modern landscape and argues that Katz should be replaced with a test better suited to contend with the challenges of perpetual video surveillance in the modern age.

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