“For many, lawsuits challenging the constitutionality of the NSA’s surveillance
practices are now on the agenda. But the program’s defenders insist it’s
entirely legal — that the Constitution doesn’t even protect the records in
question — and they may be right. Cato scholar Julian Sanchez argues that
this means we need to seriously rethink how
the Fourth Amendment works in the 21st century. “Simply by using modern
technology,” says Sanchez, “Americans have — for the most part unwittingly —
abandoned the Fourth Amendment’s protection for a vast and growing portion of
their intimate activities.”
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