Policymakers must ensure that the privacy pendulum does not swing so far that public safety is compromised
Of course, GPS and video surveillance are not the only technologies that generate legal questions. Monitoring e-mail and text-messaging conversation is a significant concern today, and the idea of having aerial surveillance drones has received considerable opposition, as well.
Meanwhile, Stanley acknowledged that it is difficult for courts to keep up with the rapid changes in technology.
“Technologies are moving at the speed of light, while the gears of justice continue to grind at the same speed they’ve always grinded at,” Stanley said. “So it takes a long time for the legal system to digest all of these developments.”
This also is a problem for lawmakers and policymakers, as well. Hopefully, everyone making legal and policy decisions during these challenging times will not succumb to the temptation of simply passing a blanket prohibition on the use of valuable public-safety technology without considering all potential consequences.
As such legislation and rulemakings are discussed, key decision-makers should remember that exigent-circumstances exceptions should be considered and often should be included in new policies. After all, as the saying goes, we don’t want to “throw the baby out with the bath water.”