Posted by Orin Kerr:
Chief Justice Roberts on Technology-Related Cases:
http://volokh.com/archives/archive_2007_10_21-2007_10_27.shtml#1193253032
According to the [1]Deseret Morning News, Chief Justice Roberts
recently responded to a question at Brigham Young University about
areas of law likely to be important in the future by suggesting "that
technology-related cases could be the most important area of law
considered by the Supreme Court over the next quarter of a century."
Emerging technologies can create new questions about old laws.
For example, imaging technology exists that allows law enforcement
officers to see through walls. "Is that an unlimited search and
seizure?" Roberts asked.
"People tend to be focused on what are the hot issues right now,"
he added. "Those are not the issues I think 25 years from now will
be the ones people will look back on and say were significant."
Justice Alito made [2]a somewhat similar comment last year after
judging a moot court that touched on how the Fourth Amendment applies
to computer networks:
What constitutes a "search and seizure" online is a critical law
debate and is constantly reshaping the Fourth Amendment, he said.
"Now we're entering this new virtual world," Alito said, "and we
have to translate the precedents and principles we have dealing
with physical grounds to the world of electronic communication."
Hat tip: [3]Howard.
References
1. http://www.deseretnews.com/article/1,5143,695221427,00.html
2. http://www.volokh.com/posts/1170816075.shtml
3. http://howappealing.law.com/102407.html#029228
_______________________________________________
Volokh mailing list
[email protected]
http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
