New Tests for the Fourth Amendment

Podcast - Bob Zadek Show

Americans have been partially aware of the NSA’s surveillance of the public thanks to whistleblowers like Edward Snowden. But do they know that their own cell phone carriers and beloved apps are often complicit in these constitutionally questionable breaches of privacy?

The Fourth Amendment guarantees “no unreasonable search and seizure,” but this hasn’t stopped government agencies from prying into our vast stores of personal data such as location information, shopping habits, etc. – all in the name of public safety. It should come as little surprise that tech companies do not discriminate against the government when it comes to selling our data to third parties, and this loophole has been exploited by the NSA and other agencies to create a brand new form of crony capitalism.

I was joined by Elizabeth (Liza) Goitein, who co-directs the Brennan Center for Justice’s Liberty & National Security Program and is a Senior Practitioner Fellow at the University of Chicago’s Center for Effective Government. Goitein has written a fascinating and frightening article in the Washington Post revealing how technology has rendered previous Supreme Court decisions protecting our privacy moot.

Can we preserve the Fourth Amendment in an age of mass data collection, or have we become so complacent that we are willing to surrender our privacy to Big Tech operating as a proxy for Big Government? Goitein and I will discuss the implications of a Supreme Court decision that was supposed to make this kind of behavior more difficult, and how Senators like Rand Paul are trying to shore up the abuses in the legislature.

TRANSCRIPT

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LINKS:

• Fourth Amendment text from the Legal Information Institute at Cornell Law School

• Elizabeth Goitein | Brennan Center for Justice

• Elizabeth Goitein (@LizaGoitein) / Twitter

• A Fourth Amendment loophole: Government agencies are buying your data online - The Washington Post by Liza Goitein, April 26, 2021

RELATED SHOWS:

• Adam Bates on StingRay Surveillance, March 13, 2016

• Libertarians Plead: Come In From The Cold, July 7, 2013

• An Unprecedented Opportunity to Revisit Unqualified Immunity with Clark Neily, June 5, 2020