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The Myth of the Surveillance Panopticon
Published online by Cambridge University Press: 02 August 2019
The Introduction sets out the problem of applying the Fourth Amendment to modern-day surveillance techniques and compares two different theories that can be used to guide courts and policymakers when they address these questions: the equilibrium adjustment theory to the cost–benefit analysis theory. The chapter concludes that the cost–benefit analysis theory is superior because it is able to evolve as societal expectations of privacy evolve, and because it encourages surveillance methods that create a positive sum change in the trade-off between privacy and security.
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