On the topic of facial recognition and the Fourth and Fifth Amendments. To begin, here are both Amendments in their entirety (relevant portions highlighted):
4: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
5 : No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
To see how this plays out, here are the readings we’ll be discussing:
EFF Report: this is a fantastic background primer, so I’m providing it and encouraging you just skim in at some point.
Forbes article: This is the fact pattern we will be basing our discussion on.
Fisher: This case covers the canonical territory of what the Fifth (as opposed to the Fourth) amendment protects in analogous analog cases. Please also bring your copies of Carpenter (or at least, take another look at the case) for the Fourth Amendment materials.
Time article: just a little more useful background reading/summary reading.
EFF Amicus Brief: This is an example of these kinds of arguments being made in a real case, which makes it very useful to read in thinking about these things.
Read the materials below, make a brief summary on at least one of sources listed, and provide your own thoughts. How it relates the society or your life, or what did you expericences from those?