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Journal of Technology Law & Policy

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Document Type

Article

Abstract

The purpose of this Article is twofold. First, it seeks to examine the issue of electronic visual surveillance from a legal perspective. Second, and attendant to this, it seeks to establish clear standards to regulate this new technology and limit its intrusiveness. Toward this end, I will begin by briefly discussing the uses, potential benefits, and civil concerns of continuous video surveillance of public places by government-installed cameras, and proceed to investigate the various constitutional issues surrounding this technology. As I go along, I will propose guidelines to keep the practice constitutional and minimally intrusive. Finally, and by way of conclusion, I will summarize my findings and suggestions. Since the High Court has not assessed the constitutionality of public video surveillance, I will draw on illustrative lower federal court cases as well as the analysis of legal scholars to set the appropriate guidelines.

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