Reply Brief: The Circularity of the Fourth Amendment

Congratulations on your brilliant Spring 2014 issue, with its timely focus on privacy. Judge Jeremy Fogel’s thoughtful and scholarly essay “A Reasonable Expectation of Privacy” and Brian Pascal’s scary piece “How Technology Broke Privacy,” in particular, ought to be required reading. Taken together, they demonstrate why the Constitution is an unreliable guardian of privacy in the digital age and why, indeed, its protection is likely to grow weaker and weaker as surveillance technology grows more and more effective.