Legislative Regulation of Surveillance

The Cambridge Handbook of Surveillance Law (David Gray & Stephen E. Henderson, eds., 2017 Forthcoming)

Vanderbilt Law Research Paper No. 17-12

39 Pages Posted: 9 Mar 2017  

Christopher Slobogin

Vanderbilt University - Law School

Date Written: March 7, 2017

Abstract

Most of the law governing technological surveillance by law enforcement is found in legislation. This chapter first outlines the most important federal surveillance statutes in the United States and a sampling of representative state legislation, organized under three categories: interception of communications; physical surveillance; and accessing of surveillance records. It then discusses the advantages and disadvantages of regulating surveillance through legislation rather than judicial decision, and through state or local laws rather than through federal legislation. Finally, it contends that, if legislation is to be the principal means of regulating the government’s surveillance activities, law enforcement agencies should also have to adhere to administrative law principles in implementing that legislation.

Keywords: surveillance, legislation, fourth amendment, subpoenas, federalism, ECPA

Suggested Citation

Slobogin, Christopher, Legislative Regulation of Surveillance (March 7, 2017). The Cambridge Handbook of Surveillance Law (David Gray & Stephen E. Henderson, eds., 2017 Forthcoming) ; Vanderbilt Law Research Paper No. 17-12. Available at SSRN: https://ssrn.com/abstract=2928978

Christopher Slobogin (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States

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