Open Access. Powered by Scholars. Published by Universities.®

Privacy Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Criminology and Criminal Justice

Articles

2015

Articles 1 - 1 of 1

Full-Text Articles in Privacy Law

Can Americans Resist Surveillance?, Ryan Calo Jan 2015

Can Americans Resist Surveillance?, Ryan Calo

Articles

This Essay analyzes the ability of everyday Americans to resist and alter the conditions of government surveillance. Americans appear to have several avenues of resistance or reform. We can vote for privacy-friendly politicians, challenge surveillance in court, adopt encryption or other technologies, and put market pressure on companies not to cooperate with law enforcement.

In practice, however, many of these avenues are limited. Reform-minded officials lack the capacity for real oversight. Litigants lack standing to invoke the Constitution in court. Encryption is not usable and can turn citizens into targets. Citizens can extract promises from companies to push back against …