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Rosen on Technological Challenges to Constitutional Law

PRIVACY LAW—U.S.

December 1, 2011

In an interview on NPR's "Fresh Air," George Washington University Law Prof. Jeffrey Rosen discusses current and future technologies and how they do or could challenge constitutional law--particularly the Fourth Amendment. Calling the Supreme Court case United States v. Jones potentially "the most important privacy case of the decade," Rosen equates deciding the constitutionality of warrantless GPS tracking to the leap "Justice Brandeis took in the 1920s when the court decided for the first time the constitutionality of wiretapping." Rosen also touches on the role major online tech companies play in determining what content falls within constitutional rights to free expression, saying, "At the moment, lawyers at Facebook and Google and Microsoft have more power over the future of privacy and free expression than any king or president or Supreme Court justice."
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