ARTICLE: HOW PRIVACY KILLED KATZ: A TALE OF COGNITIVE FREEDOM AND THE PROPERTY OF PERSONHOOD AS FOURTH AMENDMENT NORM Skip over navigation
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Copyright (c) 2009 Akron Law Review 
Akron Law Review

ARTICLE: HOW PRIVACY KILLED KATZ: A TALE OF COGNITIVE FREEDOM AND THE PROPERTY OF PERSONHOOD AS FOURTH AMENDMENT NORM

2009

Akron Law Review

42 Akron L. Rev. 803

Author

Christian M Halliburton *

Excerpt

I. INTRODUCTION

With each passing day, new technologies push the horizons of official government investigative and surveillance activity deeper and deeper into the mind and consciousness of the surveilled subject. While law enforcement agencies have always relied on observing the behavior and activity of suspicious targets, and there has been little judicial ink spent preserving the confidentiality of such observable activity, the law has been slow to respond to rapid increases in the capacity or scope of official observation that the advance of technologically sophisticated surveillance techniques helped facilitate. The sampling of techniques at the center of this Article allow the operators to analyze, with a very high degree of accuracy, the cognitive activity occurring within the human brain, certain types of substantive information that may be stored there, and even the likely decision-making processes the brain has engaged in or will in the future engage. Because these techniques allow access to the cerebral and neurological landscape of the subject, from an individual's emotional and ethical profile to her memories and intentions, I have chosen to label this class of information-gathering methods as cognitive camera technology (CCT) for convenience. 3

The universe of CCTs and potential for new uses is expanding. One of the most basic (if a brain monitoring device can ever be such) CCTs uses the brain as a data source in order to make lie detection determinations. 4 One early version of a CCT, a proprietary technique called Brain Fingerprinting, has been used in a ...
 
 
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