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4 Wake Forest L. Rev. Online 1 (2014)

handle is hein.journals/wflron4 and id is 1 raw text is: THE THIRD AMENDMENT, PRIVACY, AND MASS SURVEILLANCE Steven I. Friedland The world isn't run by weapons anymore, or energy, or money. It's run by little ones and zeroes, little bits of data. It's all just electrons. 1 We live in an era of mass surveillance. Advertisers, corporations and the government engage in widespread data collection and analysis, using such avenues as cell phone location information, the Internet, camera observations, and drones. As technology and analytics advance, mass surveillance opportunities continue to grow.2 The growing surveillance society is not necessarily harmful3 or unconstitutional. The United States must track people and gather data to defend against enemies and malevolent actors. Defenses range from stopping attempts to breach government computers and software programs,4 to identifying and thwarting potential terroristic conduct and threats at an embryonic stage. Yet, without lines drawn to limit mass data gathering, especially in secret, unchecked government snooping likely will continue to expand. John Kerry, the sitting Secretary of State, even recently acknowledged that the government has sometimes reached too far with its surveillance.5 The stakes for drawing lines demarcating 1. SNEAKERS (Universal Pictures 1992). 2. See, e.g., Quentin Hardy, Big Data's Little Brother, N.Y. TIMES, Nov. 12, 2013, at B1 (Collecting data from all sorts of odd places and analyzing it much faster than was possible even a couple of years ago has become one of the hottest areas of the technology industry.... Now Big Data is evolving, becoming more hyper and including all sorts of sources.). 3. Contra Neil Richards, The Dangers of Surveillance, 126 HARv. L. REV. 1934 passim (2013) (arguing that surveillance is a direct threat to intellectual privacy, or the notion that ideas develop best in private). 4. China allegedly attempts to hack U.S. computers on a daily basis. See Keith Bradsher, China Blasts Hacking Claim by Pentagon, N.Y. TIMES (May 7, 2013), http://www.nvytimes.com/2013/05/08/world/asia/china-criticizes-pentagon- report-on-cvberattacks.html. 5. Mark Memmott, U.S. Spying Efforts Sometimes Reached Too Far,' Kerry Says, NATL PUB. RADIO (Nov. 1, 2013), http://www.npr.org/blogs/thetwo- way/20 13/11/0 1/242288704/u-s-spving-efforts-somnetimes-reached-too-far-kerrv,- says (quoting John Kerry as saying that some of the electronic surveillance programs of the National Security Agency have been on 'automatic pilot' in recent years and have inappropriately 'reached too far'). Google's Executive Chairman, Eric Schmidt, was less restrained about secret government spying, calling reports of National Security Agency (NSA) interception of the main communication 1

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