Chapter

Peeping Techno-Toms

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/9780226762944.003.0003
Peeping Techno-Toms

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This chapter examines physical surveillance of the home in the United States. It suggests that although the Supreme Court's decision in the Kyllo case was hailed as a victory for privacy rights in dwelling places, it may not be as protective as it first appears. The chapter explains that the general public use and the “naked eye” exceptions are inscrutable, conceptually incoherent, and normatively objectionable, also arguing for the regulation of technological surveillance through a proportionality approach.

Keywords: surveillance of home; Kyllo case; general public use; naked eye exception; technological surveillance; proportionality approach

Chapter.  11761 words. 

Subjects: Criminal Law

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