7 Privacy Threats the Constitution Can't Protect You Against

When it comes to a spate of new technologies, our privacy protections are wildly outdated.

February 4, 2012

The week before last, the Roberts Supreme Court uncharacteristically handed down a decision that doesn't radically infringe on civil liberties. The justices unanimously ruled that police overshot their authority by planting a GPS device on suspected drug dealer Antoine Jones' car without a warrant, tracking his movements for over a month. For now, Americans can rest assured that police can't secretly tag them -- at least without a warrant.

At the same time, privacy advocates pointed out -- and some of the justices admitted -- that the court's majority opinion in US vs. Jones completely skirted more pressing privacy issues. The problem, the majority argued, was that police had trespassed on Jones' private property by planting a GPS device on his car. The majority opinion did not address whether or not it's okay for law enforcement to use a sophisticated surveillance technology to log someone's movements for a whole month without a warrant. 

In separate, concurring opinions Justices Alito and Sotomayor both warned of the multitude of surveillance technologies that do not require intrusion onto private property to trample privacy rights. Here's a (non-comprehensive) breakdown of existing or impending technologies that make our privacy protections wildly outdated. 

1. Everything you use, all the time.

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