Everything, Everywhere, All At Once- the 4th Amendment, Data Privacy, and Executive Overreach

Historically, U.S. courts and lawmakers have wrestled with, and debated, how far the government can- and should- reach into our private lives and under what circumstances. From the mid-century to today, we have witnessed numerous examples of federal overreach and abuse of power. From J. Edgar Hoover and the FBI’s Cointelpro surveillance programs, the Nixon Watergate scandal, and the Church Committee investigations, the Patriot Act and Edward Snowden’s leak of NSA warrantless surveillance, each generation new technology outpace old legal limits. This is especially true in the age of personalized tech, mass surveillance capabilities, and non-stop mass data collection and transfer. In today's episode, associate editor Jay Fort considers the historical interplay between the 4th Amendment and technology, exploring how its protections against unreasonable searches and seizures continue to be stress tested, as the Trump Administration urges- and compels- government agencies, as well as state governments, to provide personal data on millions of Americans. We will look at the Federal contracts with private technology companies, like Palantir, who have been tasked with centralizing massive datasets of Americans persona- presumptively private- data. To provide a helpful foundation, we will bring in a Constitutional law scholar, Curt and Linda Rodin Associate Professor of Law and Social Justice, Professor Alan Raphael, to help us understand the 4th Amendment in historical-to-modern context. Here, we consider historical challenges and modern parallels, focusing on the 4th amendment and Constitutional challenges, examining the ever-growing risks of emerging technology. In the end, the question remains: can our 4th Amendment privacy rights survive an ever expansive, and pervasive, wave of technological innovation and surveillance applications? And, at what point, will we look around and realize that in our ambition - like Icarus- we have finally “Flown to close to the sun.” If your interested in the episode's topic please check out these resources to learn more: https://cardozolawreview.com/remedying-unconstitutional-immigration-enforcement/ https://constitution.congress.gov/browse/essay/amdt4-1/ALDE_00000055/ https://pro.bloomberglaw.com/insights/privacy/privacy-laws-us-vs-eu-gdpr/#the-basics-of-each-law