AI, technology, and the Constitution

Over the last month, I have given two presentations at continuing legal education events.  During these presentations, I have addressed the impact of AI and technology on our constitutional rights, specifically the First and Fourth Amendments.

In today’s world, the government, often with help from the private sector, can monitor us in our cars, at our homes, at airports, and as we search the internet.  Key word searches, geofencing, and GPS information can be combined with license plate readers, home security cameras, and strategically placed pole cameras to follow someone, even without a warrant.

Worse yet, the government can purchase information from private companies that “scrape” the internet for information about us.  The government then can use this information for facial recognition, for tracking purposes, and for general investigations.  Some governments even offer private bounties for those who report unpopular conduct.

Certainly, when these tools are used to solve a crime, we are all made safer.  However, in today’s politicized times, how much technological freedom do we want to give government officials?

I am not wary of the brave men and women of law enforcement who place their lives in jeopardy to keep us safe.  However, do we really want to give those driven by politics and re-election unfettered access to such tools when they can define who is an enemy of the state?  How long will it take for a politician to convince law enforcement to use technology in a manner that punishes you or a loved one for political thought, not criminal intent?