SSRN-Reconstructing Electronic Surveillance Law by Daniel Solove

Daniel Solove: Reconstructing Electronic Surveillance Law, George Washington Law Review, Vol. 72, 2004.

The USA-Patriot Act made a number of changes in electronic surveillance law, but the most fundamental problems with the law did not begin with the USA-Patriot Act. In this article, Professor Solove argues that electronic surveillance law suffers from significant problems that predate the USA-Patriot Act. The USA-Patriot Act indeed worsened some of these problems, but surveillance law had lost its way long before. Surveillance law is thus in need of a radical reconstruction.