Without Warrant


Publish Date:
January 25, 2023
Boston Review
Related Person(s):
Related Organization(s):


Slobogin and Brayne each recognize the potential advantages of police use of digital information as well as the fundamental challenges it poses to democratic values. For both authors, the important thing is to strike the right balance, and both join legal scholars like Barry Friedman and David Sklansky in assigning that task to the democratic process. They argue that, prior to their deployment, these tools should be approved by legislatures and subjected to detailed regulatory regimes that specify the harm to be addressed; the permissible uses of the tool; the data that may be used, how long it may be retained, and who may access it under what circumstances; how to ensure data accuracy and security; and what compliance mechanisms will ensure that these rules are followed.

Read More