Privacy, Samuel Alito, Supreme Court

Justice Alito Says SCOTUS Is Clueless On New Tech, Which Makes Privacy Cases Even Harder

The justice has called on Congress to legislate on the latest in technology.

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Another change in the past decade has been constitutional protection for privacy. During the past ten years, the Court has applied the Fourth Amendment’s prohibition against unreasonable search and seizure to modern technology. I think this is going to be a very big issue moving forward.

These are just some of the issues that may come up. The problem is that in making determinations we are put in a position of determining what is a reasonable expectation of privacy. We are very ill-positioned to make these determinations…. We are not up on all the latest technology. If privacy is to be protected in the future, that balances the interests of law enforcement and the interest of privacy, legislatures should take the lead. They are in a better position than the courts.

— Justice Samuel Alito, in comments made this weekend as the keynote speaker at the Federalist Society’s Texas Chapters Conference at the George W. Bush Presidential Library in Dallas.

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