Chapter

Introduction: Surveillance Techniques and the Law

in Privacy at Risk

Published by University of Chicago Press

Published in print October 2007 | ISBN: 9780226762838
Published online March 2013 | e-ISBN: 9780226762944 | DOI: http://dx.doi.org/10.7208/chicago/9780226762944.003.0001
Introduction: Surveillance Techniques and the Law

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This introductory chapter discusses the theme of this book, which is the need for government use of communications, and of physical and transaction surveillance, to be closely watched and subjected to meaningful regulation. The book suggests that the primary source of that regulation should be constitutional rather than legislative to ensure that the applicable principles are not subject to the whims of a majority panicked by events of the day. It also criticizes courts' failure to regulate other aspects of surveillance, ranging from maintenance and destruction of surveillance records to when and how notice of the surveillance should be communicated to its targets.

Keywords: government surveillance; regulation; constitutional regulation; courts; surveillance records; notice of surveillance

Chapter.  6890 words. 

Subjects: Criminal Law

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