Electronic surveillance is pervasive. New technologies or new applications of existing and new technologies are used for industrial, consumer and security applications. Technologies can be used for both privacy invasive and protective purposes.In the United States, the Electronic Communications Privacy Act (ECPA) protects 3 types of communications: wire, oral, and electronic.The Foreign Intelligence Surveillance Act (FISA) and the US PATRIOT Act intertwine with ECPA. The federal wiretapping statute addresses wrongful intercepts of communications.Present laws govern the use of technologies by humans.
- Is there a need to regulate new technologies?
- Which new technologies can be used invasively begging the question for or against further regulation?
- Finally, when should the law defer to informal or social norms, to technological barriers, or solutions?
Please provide case study holding(s) to support your argument(s).
