Abstract
As American society becomes increasingly dependent on the Internet to facilitate communications and everyday tasks, private entities are collecting immeasurable amounts of data from these transactions. While this data leads to more efficient and effective business decisions, in some instances, it also provides government agencies and law enforcement with new capabilities to monitor and draw assumptions about individuals. Although the entwinement of the government and private entities naturally occurs to effectuate national security policies and promote public safety, without proper safeguards, this entanglement may threaten fundamental rights. For instance, when the government uses commercial data to determine eligibility for government assistance programs, or place individuals on watch lists, constitutional rights like due process are not afforded proper weight. Furthermore, this type of government surveillance chills First Amendment rights but often escapes both congressional and judicial oversight. This Comment suggests the creation of a court to oversee government data collection, which will protect civil liberties while offering the secrecy necessary in matters of national security.
Recommended Citation
Jennifer M. Paulson,
Cyber Insecurity: Constitutional Rights in the Digital Era,
41
S. Ill. U. L.J.
261
(2017).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol41/iss2/9