[Thermolabile]

We need something like a new bill of rights for the electronic age

- Ensure Fourth Amendment protections apply to all digital communications

- Restrict electronic public surveillance and retention of data by the government obtained by electronic means in public.

- Restrict government access to public electronic surveillance data created by private entities based on Fourth Amendment limits: by warrant only

If the Founders could have anticipated the way we communicate today they would certainly have included electronic data in "papers and effects."

And they also could not have anticipated the ease with which government can now collect data electronically and through public surveillance on millions and millions of people, cost-effectively. While there can be no expectation of privacy in a public space, there is something fundamentally different about your activities in public being recorded, and stored for an indefinite period, without any suspicion of wrongdoing. That should be addressed in law.

[ende]

I’d go a step further and create amendments that self-amend based on developments in technology.

[ianai]

I fear lawyers would both love and destroy such an amendment.