The Bill of Rights undoubtedly came first because of each of its protections鈥� utmost importance in our country鈥檚 laws. Due to its broad applicability and the abuse by citizens for their situational gains, the amendments have all taken on a dynamic nature. The Bill of Rights was created to give all individuals the same rights against the government to prevent an imbalance of federal power.
Fourth Amendment cannot be disregarded in light of rapid technological advances
With technological advances like security cameras, cell phones and webcams, it鈥檚 hard to hide one鈥檚 face in the world. While nearby security cameras were useful in identifying the suspects of the recent Boston bombings, it appears the government is trying to expand from that incident and claim use of any camera, personal or public. The images recovered in Boston from storefronts and cellphones were given willingly in the pursuit of national safety. But in a Texas case this week, the FBI wanted to gain access to all personal computer webcams through Trojan, a highly invasive form of spyware.
Texas is a state full of fierce defenders of personal rights, and Texas Judge Stephen Smith denied the FBI鈥檚 request, calling it 鈥渆xtremely intrusive.鈥� The easy nature of electronics changing hands was his main reason for denying the request. He cited how easily innocent citizens could get mixed up in illegal happenings if this were allowed. Everything from Internet cafes and public library computers to cell phones was listed in his reasoning.
The reason the FBI wanted this control was 鈥渢o use the software to identify a person responsible for allegedly violating computer security laws and committing federal bank fraud and identity theft.鈥� All of these crimes are partnered with serious jail time or fines, not to be handed out lightly or by mistake. Apple offers a similar form of computer protection called Hidden. This is a paid service offered to owners of all types of Apple products, computers, phones and iPads. When activated, it takes real-time pictures of the new, unauthorized user.
But it鈥檚 a slippery slope from Hidden to Trojan 鈥� the name Trojan itself implies a deceitful military attack ending in total destruction. Through CISPA, the government is attempting to gain unwarranted access into all online communications. I鈥檓 sure from their point of view, being able to see a face behind an IP address doesn鈥檛 seem much worse than reading the person鈥檚 email communications. But the line between government intrusion and the rights bestowed to us in the Fourth Amendment can鈥檛 be disregarded just because communications happen so much faster.
In the electronic age, policing has become incredibly difficult. While there are gray areas lurking everywhere for criminals and law enforcers alike, Judge Smith was right to deny the FBI their request. An investment in a personal electronic device shouldn鈥檛 come tied to a portal directly linked to Big Brother鈥檚 ever-watchful eye.