Technology, Terrorism, and the Fishbowl
Effect: An Economic Analysis of Surveillance
Andrew Song
Abstract
The dual forces of terrorism and technology have
eroded our understanding of privacy, confronting us with the
difficult question, “What balance should we strike between
privacy and public safety?”
This paper offers an economic framework for analyzing when
and to what degree privacy should be protected.
It starts from the observation that surveillance can
prevent and deter harm but creates disutility from loss of
privacy, social costs from avoidance, defensive costs spent on
protecting privacy, and administrative costs.
The framework has several implications for law governing
surveillance and searches. Specifically,
with respect to Fourth Amendment doctrine, the framework suggests
that courts should adopt different standards of scrutiny, engage
in forum-based analysis, and give greater protection to hybrid
rights involving speech and privacy.
Download
the paper from the Berkman
Center Research Publication Series.
|