Opinion: Judge Andrew Napolitano: The surveillance state tramples our Fourth Amendment rights
In 1928, the late Supreme Court Justice Louis D. Brandeis characterized the values underlying the Fourth Amendment to the U.S. Constitution as embracing the uniquely American right, and the right most valued by civilized persons, which he called the right to be let alone. Today we call it the right to privacy. He also warned that the greatest dangers to privacy lurk in the slow and insidious encroachments upon it by zealots in the government.
This constitutes computer hacking — and it is as criminal as if federal agents had directly broken into the computers of those about whom and from whom they desire personal data. Stated differently, a fair and neutral reading of the amendment makes it clear that the probable cause and specificity requirements were intended not only to protect privacy from Big Brother but also to compel the government to focus on crimes after they occur, and not on predicting them.
A typical example of all this surrounded the Stamp Act, enacted by Parliament in 1765 and repealed in 1766. This dreadful law required all colonists to purchase stamps; they were actually inked images of royal insignias transferred to a document for a fee. The stamps were required to be on all documents in the home — papers, letters, books, pamphlets and posters — containing the written or printed word.
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