“… The Constitution protects our right to be free from unreasonable searches and seizures by the government. At the same time, searches by the government exist against a very different backdrop from when the Fourth Amendment was written. How do we guard our “space” when it is neutralized as mere geography-beyond-the-house rather than the mobile positioning of the body politic? We live in an era when new technologies make the most personal information easily accessible, whether the government collects it or not.
Our private lives are available “privately” everywhere, even if it’s deemed “data mining” by businesses. The market for information is as thorough as a laser; it is as inescapable as the air we breathe: our lives are online. Our medical records are stored in “clouds.” We date through websites. Our genetic code is decipherable from any bit of discarded bubble gum. “Private” security cameras aim their ceaselessly gathering gaze on every public street. Our cellphones blip our location to satellites in space. People send compromising pictures of themselves in “sext” messages that can never be retracted. If our neighbor wishes to surveil us or to stalk us, we are all too vulnerable…”