86 Minn. L. Rev. 1115 (2001-2002)
Foreword--Privacy and Secrecy after September 11

handle is hein.journals/mnlr86 and id is 1125 raw text is: Foreword

Privacy and Secrecy After September 11
Marc Rotenbergt
It is difficult to speak about privacy in the United States
today without considering the significance of September 11.
That day has had a profound impact on the public perception of
privacy, the actions of Congress, the development of new tech-
nologies, and most likely even the decisions of courts. Polls in-
dicate increased public support for new forms of surveillance.1
Congress has moved swiftly to expand the surveillance author-
ity of the state.2 New technologically advanced means of sur-
veillance, such as biometric identifiers and a National ID card,
t Executive Director, Electronic Privacy Information Center (EPIC), and
Adjunct Professor, Georgetown University Law Center. Former Counsel, Sen-
ate Judiciary Committee (Senator Patrick Leahy). Thanks to Mikal J. Condon
for research assistance, and to Matthew Wegner and the Minnesota Law Re-
view for organizing this symposium. Thanks also to Professor Paul Schwartz
for his encouragement and Professor Daniel Solove for his dedication.
1. See, e.g., ABC News/Washington Post Terrorist Attack Poll #3, ABC
NEWS/WASH. POST, Sept. 29, 2001 (indicating high levels of public support for
expanded government surveillance, use of wiretap authority, and ID cards in
the wake of the September 11 attacks); Robert O'Harrow Jr. & Jonathon Krim,
A Changing America: National ID Cards Gaining Support, WASH. POST, Dec.
17, 2001, at Al (indicating nearly 70% support for some form of National ID).
But see E-Government Poll, WASH. POST, Feb. 27, 2002, at A21 (finding that
Americans are sharply divided on the issue of national ID cards, with only
47% in support of a national ID, and 44% viewing it as an invasion of people's
civil liberties and privacy); ROPER CTR. FOR PUB. OPINION RESEARCH, Bureau
of Justice Sourcebook of Criminal Justice Statistics (1994) (illustrating long-
standing public opposition (by three to one) to use of electronic surveillance as
an acceptable investigative technique).
2. See, e.g., National Defense Authorization Act for Fiscal Year 2002,
Pub. L. No. 107-107, 115 Stat. 1654 (2001); Defense Appropriations Act, 2002,
Pub. L. No. 107-117, 115 Stat. 2230 (2002); Departments of Commerce, Jus-
tice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002,
Pub. L. No. 107-77, 115 Stat. 748 (2001); Uniting And Strengthening America
by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Act (USA PATRIOT Act) of 2001, Pub. L. No. 107-56, 15 Stat. 272 (2001).


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