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Introduction: Technological Change and the Constitutional ...

At the beginning of the twenty-first century, changes in technology areposing stark challenges to our legal and Constitutional values. From freespeech to privacy, from liberty and personal autonomy to the privilege againstself-incrimination, from the definition of personhood to the state s authorityto protect security, basic Constitutional principles are under stress from tech-nological advances unimaginable even a few decades ago, let alone in thefounding era. Consider a few cases that might plausibly confront the SupremeCourt in the year 2025: In response to popular demand, Facebook decides to post live feeds frompublic and private surveillance cameras so they can be searched online. AfterFacebook grants the request, anyone in the world can log onto the Internet,select a particular street view on Facebook, and zoom in on a particular indi-vidual.

gin’s envisioning a future in which the police increasingly use global posi-tioning system (GPS) tracking and other virtual searches. Slobogin argues

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