Two legal scholars have released an article that proposes “a technology-centered approach to measuring and protecting Fourth Amendment interests in quantitative privacy.” Scholars David C. Gray and Danielle Keats Citron note that “technology can permit government to know us in unprecedented and totalizing ways at great cost to personal development and democratic institutions,” adding, “these concerns about panoptic surveillance lie at the heart of the Fourth Amendment as well.” Instead of “case-by-case assessments of information mosaics,” they argue that government access to “broad programs of continuous and indiscriminate monitoring should be subject to the same Fourth Amendment limitations applied to physical searches.”
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