Is the Flood of Surveillance Technology Eroding 200 Years of Privacy Protections?Christopher J. Nichol
Program: Legal Studies: Capstone-Thesis: Master of Arts (MA)
Awarded: February 2025
Capstone Instructor: Dr. Jaimie Davis Smith
Abstract: The explosion of mass surveillance technologies, including Automated License Plate Readers (ALPRs), facial recognition systems, and drones, has enhanced law enforcement capabilities in unprecedented ways. However, they simultaneously challenge Fourth Amendment privacy protections in unique ways. This study examines the legal disconnect between evolving surveillance tools and the outdated constitutional frameworks and case laws that attempt to govern them. Using traditional legal research methodology, this research evaluates chief legal precedents, including Katz v. United States, Carpenter v. United States, United States v. Jones, and United States v. Maynard, to contrast them with such legal theories as the Mosaic Theory and Equilibrium Adjustment Theory. Findings illustrate that current jurisprudence and established doctrine insufficiently address data aggregation, prolonged tracking, and evolving surveillance technology consistently, revealing a necessity for legislative action. This analysis concludes that jurisprudence alone is incapable of regulating modern surveillance technologies, given the slow progress of the judicial process compared to the rapidly advancing fields of science and technology. Legislative action is necessary to establish clear operational boundaries for law enforcement agencies to utilize these tools effectively while preserving constitutional protections consistently across the United States.