Cost-Benefit Analysis and the Digital Fourth Amendment

40 Criminal Justice Ethics 75 (2021) Final version at https://doi.org/10.1080/0731129X.2021.1899535

10 Pages Posted: 1 Apr 2021 Last revised: 25 May 2021

Date Written: March 10, 2021

Abstract

Review of Ric Simmons, Smart Surveillance: How to Interpret the Fourth Amendment in the Twenty-First Century (2019).

In "Smart Surveillance," Ric Simmons argues for the application of cost-benefit analysis (CBA) to digital surveillance. This review argues that, although Simmons is right to look to CBA as a tool for applying the Fourth Amendment to new technology, his faith in the courts as the main practitioners of surveillance CBA is misguided. Across a variety of dimensions of institutional competence, the political branches, not the courts, are best placed to make surveillance policy under conditions of technological change.

Keywords: Fourth Amendment, surveillance, cost-benefit analysis

Suggested Citation

Rozenshtein, Alan Z., Cost-Benefit Analysis and the Digital Fourth Amendment (March 10, 2021). 40 Criminal Justice Ethics 75 (2021) Final version at https://doi.org/10.1080/0731129X.2021.1899535, Available at SSRN: https://ssrn.com/abstract=3802008 or http://dx.doi.org/10.2139/ssrn.3802008

Alan Z. Rozenshtein (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

HOME PAGE: http://www.law.umn.edu/profiles/alan-rozenshtein

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