Information Technology Reference
In-Depth Information
before deploying a drone, or should they be able to use a drone to collect the evidence
they need to get a search warrant? Seattle police purchased two drones, but after a
strong public protest, Mayor Mike McGinn ordered the drones to be sent back to the
manufacturer [16]. Florida, Virginia, and Idaho have passed laws prohibiting the use of
police drones for crowd surveillance at public events [18].
We now turn to ways in which the United States government has collected information
in order to detect and apprehend suspected criminals or to improve national security.
Because the individuals being observed are suspected of wrongdoing, they are not alerted
or asked for permission before the surveillance begins.
Does covert surveillance violate any of the rights of a citizen? The most relevant
statement in the US Constitution is the Fourth Amendment:
FOURTH AMENDMENT TO THE UNITED STATES
CONSTITUTION
The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath
or affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.
Before the American Revolution, English agents in pursuit of smugglers made use
of
writs of assistance
, which gave them authority to enter any house or building and seize
any prohibited goods they could find. This activity drew the ire of the colonists. It is not
surprising, then, that a prohibition against unreasonable searches and seizures appears
in the Bill of Rights.
The position of the US Supreme Court with respect to covert electronic surveillance
has changed over time. Let's see how the Supreme Court's position evolved.
Wiretapping
refers to the interception of a telephone conversation. (The term is some-
what anachronistic, because many telephone conversations are no longer transmitted
over wires.) Wiretapping has been taking place ever since the 1890s, when telephones be-
came commonly used. The state of New York made wiretapping a felony in 1892, but the
police in New York City ignored the law and continued the practice of wiretapping. Un-
til 1920, the New York City police listened to conversations between lawyers and clients,
doctors and patients, and priests and penitents. On several occasions the police even
tapped the trunk lines into hotels and listened to the telephone conversations of all the
hotel guests [19].
