Law Professor Urges Constitutional Amendment to Curb Surveillance

The expansion of Flock automated license plate readers across the United States has intensified a national debate over the balance between public safety and information privacy. While these cameras assist in detecting serious crimes such as car theft, critics warn that the resulting searchable databases of travel patterns allow government and private entities to aggregate invasive records of individuals' political, medical, and personal lives.

Anthony Volini, a professor of technology and intellectual property law, argues that current legal protections, including the Fourth Amendment, fail to keep pace with modern surveillance and data aggregation. He notes that law enforcement often bypasses warrant requirements by purchasing data from the private sector. Volini asserts that neither the government nor the private sector can be trusted with such sensitive information, especially as artificial intelligence enhances surveillance capabilities.

Because the United States Congress has failed to enact a broad consumer privacy law for over 25 years and existing tort laws are inadequate for electronic surveillance, Volini proposes a constitutional amendment. Such an amendment would prohibit information privacy abuse by both public and private actors, empowering courts to stop abuses immediately rather than relying on slow-moving legislation.