Posted by Orin Kerr:
The National Surveillance State: A Response to Balkin:
http://volokh.com/archives/archive_2009_02_08-2009_02_14.shtml#1234471291
I have just posted [1]a 5-page response to a recent essay by Jack
Balkin on what Balkin calls "The National Surveillance State." My
response, forthcoming in the Minnesota Law Review, is titled [2]The
National Surveillance State: A Response to Balkin.
The abstract:
In his recent Lockhart lecture, published in this journal as "The
Constitution in the National Surveillance State," Jack Balkin warns
of a "new form of governance" that he calls "The National
Surveillance State." This brief response article argues that the
changes Balkin details should be understood as a technology problem
instead of a governance problem. We are witnessing a broad societal
shift away from human observation and towards computerization. The
widespread use of computers and the introduction of digital
information have caused dramatic changes in how individuals can
learn what others are doing. The government's goals have not
changed, but the technological playing field has. The law must
respond because technology has changed, not because a new form of
governance has emerged. Understanding the changes as a technology
problem rather than a governance problem also suggests solutions
that draw support from a wide political base rather than a narrow
one.
You can read Balkin's lecture that I am responding to here:[3]The
Constitution in the National Surveillance State.
References
1. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1341389
2. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1341389
3. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1141524
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