Counterterrorism and Privacy: The Changing Landscape of Surveillance and Civil Liberties

Abstract

This chapter addresses how new surveillance technologies and programs aimed at fighting terrorism affect privacy. Some of the new programs and technologies considered include the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism), biometrics, national ID cards, video surveillance, and the Total Information Awareness program. This chapter first evaluates the pre-9/11 status quo in terms of what techniques were used, and then examines how the new technologies and programs that have recently been implemented affect privacy constitutionally, legally, and normatively. This chapter argues that many of the recent changes do not, in fact, undermine privacy at a constitutional or legal level, but do run counter to what Americans want and expect in terms of privacy.