CSPAN3 — Lectures in History Supreme Court Cases on Privacy

20260812 08:30 UTC · 00:51:00 · 884 transcript segments · GDELT Visual Explorer · plain-text transcript · Event Map

History professor Lawrence Cappello analyzed Supreme Court cases that addressed Americans' right to privacy, focusing on police and phone wiretaps. He looked at cases like the 1928 Olmstead v. United States decision, which upheld a police right to wiretap phones.<br /><br />Sponsor: University of Alabama

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Transcript

Original Broadcaster Captioning (Enhanced). Treat it as a searchable index of what was broadcast, not a quotation record.

00:00:00FORUM WE'RE DISCUSSING THE LATEST ISSUES IN WASHINGTON AND ACROSS THE COUNTRY.
00:00:04IT GIVES THE PEOPLE AN OPPORTUNITY TO SPEAK FOR THEMSELVES ON THE ISSUES THAT
00:00:09THEY ACTUALLY CARE ABOUT. THIS IS A GREAT FORUM AND YOU GET TO TALK TO REAL AMERICANS
00:00:12AND LOOK FORWARD TO THE CALLERS HAVE ALWAYS ENJOYED DOING THE PROGRAM.
00:00:15AND I WOULD BE REMISS AS MY FIRST TIME EVER ON C-SPAN IF I DIDN'T SAY THAT, I THINK AND ALL
00:00:19YOUR CALLERS. OUR COUNTRY WOULD BE A BETTER
00:00:22PLACE IF EVERY AMERICAN JUST WATCHED ONE HOUR A WEEK, THEY
00:00:25COULD PICK ONE, 2 OR 3.
00:00:26JOIN US FOR A LIVE THREE HOUR CONVERSATION WITH A VARIETY OF
00:00:32CONGRESSIONAL MEMBERS AND WASHINGTON INFLUENCERS.
00:00:34YOU CAN WATCH WASHINGTON JOURNAL
00:00:37LIVE EVERY MORNING AT 7 A.M.
00:00:39EASTERN ON C-SPAN, C-SPAN NOW OR
00:00:43ONLINE AT C-SPAN DOT ORG.
00:00:52CAMPAIGN 2026 IS UNDERWAY, AND THE STAKES COULDN'T BE HIGHER.
00:00:55EVERY SEAT IN THE UNITED STATES HOUSE OF REPRESENTATIVES IS UP
00:00:57FOR GRABS, ALONG WITH THREE U.S.
00:01:00SENATE RACES AND THE OUTCOME OF
00:01:02BOTH COULD RESHAPE THE BALANCE OF POWER IN WASHINGTON.
00:01:06VOTERS WILL ALSO DECIDE 36 GUBERNATORIAL CONTESTS FROM THE
00:01:09CAMPAIGN TRAIL TO ELECTION NIGHT.
00:01:12FOLLOW CAMPAIGN 2026 ON THE C-SPAN NETWORK'S C-SPAN BRINGING
00:01:17YOU DEMOCRACY UNFILTERED. ALL RIGHT.
00:01:20TODAY WE'RE DIGGING INTO THE FOURTH AMENDMENT WITH A
00:01:24PARTICULAR FOCUS ON WHAT IT MEANS FOR OUR PHONES. AS YOU ALL KNOW, THE FOURTH IS
00:01:27PART OF THE CONSTITUTION THAT PROTECTS YOU FROM UNREASONABLE SEARCHES AND SEIZURES BY OUR
00:01:31GOVERNMENT. BUT THE TROUBLE IS THAT THE AMENDMENT WAS WRITTEN IN THE 18TH CENTURY.
00:01:35MEANWHILE, OUR PHONES ARE
00:01:37BASICALLY MINI SUPERCOMPUTERS, SLASH CAMERAS, SLASH JOURNALS,
00:01:41SLASH CREDIT CARDS, SLASH SURVEILLANCE BEACONS, AND WE
00:01:44CARRY THEM ALL AROUND VOLUNTARILY ALL THE TIME.
00:01:48SO WHAT HAPPENS WHEN THESE TWO WORLDS COLLIDE? WHAT HAPPENS WHEN ALL THE
00:01:51LANGUAGE AND ALL THE IDEAS MEET
00:01:53NEW TECHNOLOGIES? I WANT TO START BY BREAKING DOWN
00:01:56THE TEXT OF THE AMENDMENT, BECAUSE THERE IS A LOT GOING ON
00:01:59THERE OFF THE BAT.
00:02:01IT'S NOT JUST BROAD.
00:02:03IT SAYS VERY SPECIFICALLY
00:02:07AMERICANS HAVE THE RIGHT TO BE SECURE IN THEIR PERSON'S HOUSES, PAPERS AND AFFECTS THAT SPECIFIC
00:02:12LANGUAGE. SO THAT'S YOU. THAT'S YOUR HOUSE PAPERS OR
00:02:14ESSENTIALLY, I DON'T KNOW, THINK OF IT AS YOUR EMAILS RIGHT NOW,
00:02:17WHICH IS PEOPLE WOULD COLLECT THEIR CORRESPONDENCE. AND THEN, OF COURSE, YOUR AFFECTS, WHICH IS JUST ANOTHER
00:02:21WAY OF SAYING YOUR STUFF. THE ONE THING I REALLY WANT YOU TO PAY ATTENTION TO IS THESE ARE
00:02:25TANGIBLE THINGS AND THEY WERE WRITTEN IN THE 18TH CENTURY AS
00:02:28TANGIBLE THINGS AS YOUR DATA AND
00:02:31EFFECT, MAYBE, OR YOUR EMAILS IS WHAT'S IN THE CLOUD IN EFFECT,
00:02:34MAYBE SOMETHING WE'LL TALK ABOUT. ALSO, IT DOESN'T JUST PROTECT YOU FROM SEARCHES AND SEIZURES
00:02:38BY THE GOVERNMENT. IT PROTECTS YOU SPECIFICALLY FROM UNREASONABLE SEARCHES AND
00:02:43SEIZURES. THAT FIRST WORD IS VERY SLIPPERY. IT'S BROAD. WHAT'S CONSIDERED REASONABLE,
00:02:47WHAT'S GOING TO SAY IT OR NOT. BUT UNREASONABLE SEARCHES AND SEIZURES. WE TALKED ABOUT PLAIN VIEW
00:02:51DOCTRINE BEFORE. IF A POLICE OFFICER IS WALKING BY YOUR HOUSE AND THE WINDOWS
00:02:54ARE OPEN AND THERE IS A BRICK OF
00:02:56HEROIN AND AN RPG SITTING ON YOUR TABLE, YEAH, THEY DON'T GET A WARRANT.
00:03:00THEY'RE GOING TO ABLE TO JUST GO IN AND DO IT. UNREASONABLE SEARCHES AND SEIZURES ARE SOMETHING DIFFERENT.
00:03:03THE LAST THING I REALLY WANT YOU TO KEEP YOUR EYE ON IS THIS
00:03:06ISSUE OF THE WARRANT PROVISION. THE FOURTH AMENDMENT DOES NOT
00:03:10SAY THE GOVERNMENT CAN'T GO THROUGH YOUR PRIVATE LIFE, YOUR PRIVATE HOME AND INVADE YOUR
00:03:14MOST PRIVATE PRECINCTS. WHAT IT DOES SAY IS POLICE CAN'T
00:03:16DO THAT WITHOUT A WARRANT.
00:03:18SO ESSENTIALLY, LAW ENFORCEMENT AND WE KNOW WHAT BRANCH OF LAW ENFORCEMENT WORKS FOR THE
00:03:24EXECUTIVE BRANCH. RIGHT. YOU HAVE EITHER A MAYOR, POLICE COMMISSIONER OR SOMETHING LIKE
00:03:27THAT, A GOVERNOR, OR IF YOU'RE TALKING ABOUT THE EXECUTIVE BRANCH OF THE FBI.
00:03:31SO ONE BRANCH OF GOVERNMENT, LAW ENFORCEMENT, WHICH IS THE
00:03:33VANGUARD FOR INVESTIGATIONS, THEY THINK SOMETHING'S GOING ON,
00:03:36SOME CRIMINAL ACTIVITY. THEY WANT TO LOOK AT SOMEBODY. THEY'RE NOT ALLOWED TO JUST ACT UNILATERALLY.
00:03:40THE FOURTH AMENDMENT SAYS THEY HAVE TO GO TO A JUDGE, A LEGAL EXPERT, AND THEY HAVE TO GET A
00:03:44WARRANT AND THEY'RE GOING HAVE TO ESTABLISH PROBABLE CAUSE. SO THEY CAN'T JUST WALK UP TO THE JUDGE.
00:03:48AND THE JUDGE IS LIKE, WHY DO YOU WANT TO GET IN THIS GUY'S HOUSE? AND IT'S LIKE, I DON'T KNOW. I JUST HAVE LIKE A LIKE A GUT, A
00:03:53HUNCH. I FOLLOW MY GUT. THE JUDGES CAN BE LIKE, ABSOLUTELY NOT, RIGHT? THAT'S NOT GOING TO WORK. THIS ISN'T TV.
00:03:57IT'S NOT THE MOVIES. YOU HAVE TO ESTABLISH PROBABLE CAUSE. YOU HAVE TO ESTABLISH SOME
00:04:00PATTERN OF SUSPICION IN THAT A JUDGE THEY'RE GOING TO AGREE OR
00:04:03NOT AGREE ON. AND BEFORE THEY GIVE YOU THE WARRANT TO GO AFTER WHAT YOU WANT TO LOOK AT, YOU HAVE TO
00:04:08SWEAR AN OATH. AND YOU KNOW WHAT HAPPENS WHEN YOU LIE TO A JUDGE THAT'S CALLED PERJURY.
00:04:11AND IT'S AGAINST THE LAW. SO THERE ARE A NUMBER OF THINGS HAPPENING.
00:04:15BUT ONE THING TO REALLY PAY ATTENTION TO IS THAT LAST PART. IT'S NOT SAYING THAT THE
00:04:18GOVERNMENT CAN'T GO THROUGH YOUR MOST PRIVATE EFFECTS AND THE
00:04:22MOST PRIVATE ASPECTS OF YOUR LIFE. WHAT THEY'RE SAYING IS LAW ENFORCEMENT CAN'T DO THAT.
00:04:26UNILAG ORALLY. THEY NEED TO GO TO A LEGAL EXPERT, TWO BRANCHES OF
00:04:29GOVERNMENT, THE EXECUTIVE WITH LAW ENFORCEMENT AND THE
00:04:31JUDICIARY WITH JUDGES ARE BOTH GOING TO LOOK AT IT AND THEN
00:04:35THEY'RE GOING TO AGREE WHETHER THEY'RE GREENLIGHTED OR NOT DO IT.
00:04:37THE FOUNDERS WERE VERY, VERY HELD.
00:04:40THE IDEA OF THE SANCTITY OF THE HOME AND THE SANCTITY OF PRIVATE
00:04:43PROPERTY TO BE SACRED. AND THEY UNDERSTOOD THE GOVERNMENT WOULD SOMETIMES NEED
00:04:47TO INVADE THOSE THINGS. BUT DEFINITELY NOT KIND OF JUST
00:04:50LIGHTHEARTEDLY THAT THERE WOULD HAVE TO BE A LOT OF HOOPS TO JUMP THROUGH BEFORE THAT CAN HAPPEN.
00:04:53BUT WE'RE FOR LOOK AT THESE THREE CASES. I WANT TO LOOK AT THINGS THAT
00:04:57DEAL SPECIFICALLY WITH YOUR PHONES. THAT'S HOMESTEAD FROM 1928.
00:05:02CATS FROM 1967 AND CARPENTER VERSUS IN 2018.
00:05:05WE'RE GOING TO DO OHM'S STEAD
00:05:07AND CATS TODAY AND CARPENTER, WHICH IS ABOUT TRACKING YOUR
00:05:10CELL PHONE THROUGH ALL OF THE CELL SITE TOWERS THAT ARE APPARENTLY EVERYWHERE.
00:05:14SOMETIMES THEY'RE PAINTED LIKE TREES. WE'RE GOING TO TALK ABOUT THAT NEXT CLASS BECAUSE IT'S
00:05:18COMPLICATED AND IT DEALS WITH A LEGAL CONCEPT CALLED THIRD PARTY DOCTRINE. BUT ALL THREE OF THESE CASES,
00:05:22HOMESTEAD, THEN KATZ, THEN CARPENTER, ARE REGARDED AS MAJOR
00:05:26CASES IN AMERICAN CONSTITUTIONAL HISTORY. AND WHILE THERE ARE ABOUT PHONES, THEY'RE NOT JUST ABOUT
00:05:31PHONES. TOGETHER, THESE CASES HAVE BEEN INCREDIBLY INFLUENTIAL IN
00:05:33SHAPING THE LARGER EVOLUTION OF
00:05:36FOURTH AMENDMENT JURISPRUDENCE OVER THE 20TH AND THE 21ST CENTURY IS NOW THE FOURTH AMENDMENT.
00:05:40TODAY DEALS PRIMARILY WITH ILLEGAL SEARCHES OF HOMES BY
00:05:44POLICE, BUT THERE'S ALL OF THESE COURT CASES THAT HELP EXPAND THE
00:05:48FOURTH AMENDMENT BEYOND THE ORIGINAL TEXT IN THE NAME OF A
00:05:50RIGHT TO PRIVACY AND IN THE NAME OF LIBERTY AND FREEDOM FROM
00:05:53GOVERNMENT OPPRESSION AS A CIVILIZATION, AS AMERICANS,
00:05:57WE'VE COME TO VIEW THE FOURTH AMENDMENT AS SOMETHING THAT RECOGNIZES OUR PRIVACY, THE NEED
00:05:59FOR OUR FREEDOMS TO BE PROTECTED IN THE FACE OF RAPID
00:06:03TECHNOLOGICAL PROGRESS WE LIVE IN A WONDROUS TECHNOLOGICAL
00:06:06GOLDEN AGE, BUT THERE'S NO WAY THAT THE FRAMERS OF THE CONSTITUTION EVER COULD HAVE
00:06:10ANTICIPATED TECHNOLOGY FROM OUR MODERN WORLD. WHEN MADISON WRITES THE BILL OF
00:06:13RIGHTS, HE'D NEVER SEEN A PHOTOGRAPH AND HE NEVER HEARD RECORDED RECORDED SOUND BEFORE,
00:06:17THE FOUNDERS DIDN'T EVEN KNOW WHAT AN AUDIO RECORDING WAS. THEY WERE ALONE, CONCEIVE OF
00:06:20LIKE AN EYE FOR AN IPHONE 17 PRO OR WITH LIKE A WIFE.
00:06:24360 THAT'S CONNECTED TO A CLOUD THAT'S ALSO KIND OF LIKE YOUR
00:06:27CREDIT CARD, BUT ALSO LIKE HAS TRACTION ON IT. RIGHT? THIS IS A CONCEPT THAT YOU CAN'T
00:06:31EXPECT THE FOUNDERS TO DEAL WITH. BUT WHAT DO WE DO? DO WE PASS NEW LAWS?
00:06:34OF COURSE WE DO. BUT TO WHAT EXTENT CAN WE LOOK AT THE BLUEPRINT THAT IS OUR
00:06:38CONSTITUTION FOR WHAT THE FOUNDERS MIGHT HAVE DONE WITH THIS AS WELL?
00:06:41BECAUSE DESPITE THIS, OR MAYBE BECAUSE OF THIS, THE FOURTH AMENDMENT HAS EVOLVED OVER THE
00:06:46CENTURIES TO MEET THE GROWING PRIVACY AND LIBERTY THREATS THAT
00:06:49TECHNOLOGY FACES AND AS THESE THREE MAJOR CASES, THEY HAVE A
00:06:52LOT TO DO WITH THAT PROGRESSION. FIRST UP IS GOING TO BE OLMSTEAD.
00:06:56THIS IS A SUPREME COURT CASE FROM 1928. IT'S THE FIRST TO DEAL WITH
00:07:00POLICE AND WIRE TAPPING. SHOW OF HANDS.
00:07:03AND WE KNOW WHO INVENTED THE TELEGRAPH.
00:07:06THE PRECURSOR, THE FIRST PHONE
00:07:09KIND OF, YEAH. SAMUEL MORSE.
00:07:14SAMUEL MORSE INTRODUCED THE TELEGRAPH IN THE 1840S. AND LIKE FIVE MINUTES LATER,
00:07:19PEOPLE BEGAN FIGURING OUT WAYS TO INTERCEPT THE MESSAGES THAT RAN ALONG CROSS ITS WIRES, WHICH
00:07:23MAKES SENSE. INFORMATION IS VALUABLE, VALUABLE, WHICH WE HAVE LEARNED IN COLLEGE. KNOWLEDGE IS POWER.
00:07:27INFORMATION IS ALSO A COMMODITY. IT'S SOMETHING THAT YOU CAN BUY AND SELL AND THE ABILITY TO
00:07:31LISTEN TO CONVERSATIONS THAT OTHER PEOPLE THINK IS PRIVATE CAN HAVE A MULTITUDE OF BENEFITS.
00:07:36BACK DURING THE CIVIL WAR, THE UNION AND CONFEDERATE ARMIES
00:07:38BOTH STARTED INTERCEPTING THE TELEGRAPH COMMUNICATIONS OF
00:07:41THEIR OPPONENTS TO GET A TACTICAL ADVANTAGE ON THE BATTLEFIELD WEREN'T ABOUT SUPPLY
00:07:45LINES. CONFEDERATE GENERAL JEB STEWART. HE EVEN BOASTED ABOUT HAVING HIS OWN WIRE MAN.
00:07:49THAT WAS ATTACHED TO HIS COMPANY THAT HE WOULD BE ABLE TO GO AROUND AND CONSTANTLY USE FOR
00:07:54WIRETAP UPS. LATER, GILDED AGE NEWSPAPERS, THAT'S YELLOW JOURNALISM. REMEMBER THAT THE
00:07:59SPANISH-AMERICAN WAR AND ALL THAT STUFF YOU LEARN IN HIGH SCHOOL, THEY WOULD CONSTANTLY
00:08:01INTERCEPT EACH OTHER'S WIRE TRANSMISSIONS TO TRY TO CHECK OUT SCOOP ONE ANOTHER.
00:08:05SO THIS TECHNOLOGY EXISTS VERY, VERY QUICKLY. PEOPLE START FIGURING OUT WHERE
00:08:09THERE'S SOME VALUABLE CONVERSATIONS GOING ON IN THESE LINES. I WANT TO FIGURE OUT WHAT'S
00:08:13GOING ON NOW. TELEPHONES, THEY ENTERED THE
00:08:16PUBLIC MAINSTREAM BASICALLY IN
00:08:19THE EARLY 20TH CENTURY.
00:08:22THEY'RE VERY DIFFERENT FROM THE PERSON TO PERSON INTERFACE THAT WE USE TODAY.
00:08:25WHEN THEY'RE INTRODUCED, THEY'RE MUCH SIMPLER. SEE ALL THESE WIRES?
00:08:28IT'S BECAUSE THE TECHNOLOGICAL AND FINANCIAL CONSTRAINTS OF THE
00:08:31EARLY TELEPHONE ERA MADE IT SO
00:08:33THAT ALL OF THE PHONES WERE KIND
00:08:35OF LOOPED TOGETHER IN A SINGLE NETWORK.
00:08:38AND I MEAN NETWORK LIKE VERIZON OR T-MOBILE. I MEAN, NETWORK AS IN ALL OF THE
00:08:42PHONES IN YOUR NEIGHBORHOOD WERE CONNECTED TO EACH OTHER AND
00:08:45THERE WAS NO SWITCHBOARD TO KIND OF MOVE THEM BACK AND FORTH.
00:08:48THESE ARE ALL PARTY LINES. DO YOU UNDERSTAND WHAT I'M SAYING? YOU PICKED UP YOUR PHONE AND
00:08:54EVERYONE IN YOUR LIKE, NETWORK, IN YOUR COMMUNITY WAS ON THE PHONE AT THE SAME TIME.
00:08:57SO IF YOU WANTED TO HAVE A PHONE CALL, YOU WOULD MEET SOMEONE IN
00:09:00PERSON AND BE LIKE, HEY, I'LL PICK UP YOUR PHONE AT 730. AND THEY'RE LIKE, ALL RIGHT, COOL. AND THEN THEY COME IN AND PICK
00:09:04UP THE PHONE. EXCEPT YOU HAVE EARLY EXPECTATION OF PRIVACY THERE.
00:09:07NO, BECAUSE OBVIOUSLY THERE ARE PEOPLE WHO ARE BORED WHO ARE JUST SITTING AT HOME LISTENING
00:09:11TO PEOPLE'S PHONE CALLS ALL DAY.
00:09:1324 SEVEN USE A CALL PARTY LINES. IT'S THE EARLY WAY. TELEPHONES DID THEIR THING.
00:09:17BUT MY POINT IS, PICKING UP THE PHONE IN THE EARLY 20TH CENTURY, NOBODY THOUGHT THAT THAT
00:09:21CONVERSATION WAS GOING TO BE PRIVATE. IF THEY DID, YOU WERE STUPID. YOU JUST WERE COMPLETELY OUT OF
00:09:24TOUCH WITH THE WAY THESE THINGS WORKED. PARTY LINES WERE VERY POPULAR
00:09:28AND IT WAS CHEAP, BUT EVENTUALLY PEOPLE STARTED PUSHING FOR MORE
00:09:31AND MORE TO THEIR PHONE COMPANIES.
00:09:33THIS DEMAND TO HAVE ONE ON ONE CONVERSATIONS.
00:09:36OBVIOUSLY YOU CAN'T SET UP DIRECT PHONE LINES BETWEEN PEOPLE'S HOUSES ON A LARGE
00:09:40SCALE. IT'S NOT LIKE KIDS WITH CANS AND
00:09:42WAXED WIRES NEXT DOOR TO EACH OTHER. IT'S COMPLICATED.
00:09:45SO EVENTUALLY WHAT THE PHONE COMPANIES DO IS THEY CREATE A
00:09:48SYSTEM THAT'S CENTRALIZED AND HAS AUTOMATED SWITCHING.
00:09:52THIS IS THE RISE OF THE AMERICAN
00:09:54KIND OF ICONIC OPERATOR WHO'S
00:09:58SWITCHING CALLS FROM BACK AND FORTH. AND THIS IS REVOLUTIONARY
00:10:00BECAUSE NOW YOU CAN CONNECT CALLS BETWEEN CALLERS, THE
00:10:04OPERATORS WOULDN'T STAY ON THE LINE A LOT OF THE TIME. AND THIS WOULD BE A SECURE CONNECTION BETWEEN TWO INDIVIDUALS.
00:10:08AND AS THE 20TH CENTURY PROGRESSED, THIS HAS BECOME MORE AND MORE LIKE THE NORM.
00:10:13AND IT'S REVOLUTIONARY. IT PROVES TO BE VERY PROFITABLE FOR PHONE COMPANIES.
00:10:16AND WHILE IT DOESN'T ELIMINATE PARTY LINES COMPLETELY, IT DOES PAVE THE WAY TO THIS ESTABLISHED
00:10:22SOCIAL EXPECTATION OF PRIVACY FOR TELEPHONE COMMUNICATIONS.
00:10:25AND THEN FINALLY, BY THE 1920S, IF YOU'RE TALKING ON THE PHONE, YOU CAN EXPECT THAT YOUR
00:10:29CONVERSATION FOR THE MOST PART, IS GOING TO BE A PRIVATE ONE. BUT THIS DEVELOPMENT, IT CUTS
00:10:33BOTH WAYS, BECAUSE IF PEOPLE NOW
00:10:36KNOW THAT PHONE CONVERSATIONS COME WITH THE EXPECTATION OF
00:10:40PRIVACY, IT MEANS THAT PEOPLE ARE AWARE THAT MORE INTIMATE
00:10:42DETAILS ARE BEING SHARED OVER THESE PHONE LINES AND PEOPLE
00:10:45START ACTIVELY TAPPING THESE PHONE LINES JUST LIKE THEY DID WITH TELEGRAPHS, BUSINESSES,
00:10:49PRIVATE INDIVIDUALS, LAW ENFORCEMENT. THEY'RE QUICK TO TAKE ADVANTAGE
00:10:52OF THE BENEFITS OF LISTENING TO PHONE CONVERSATIONS HELD BY PEOPLE WHO THOUGHT THAT THEY
00:10:56WERE SPEAKING IN PRIVATE. WHICH BRINGS US TO THIS GUY.
00:10:59THIS IS ROY OLMSTEAD. HE IS A GANGSTER.
00:11:02HIS NICKNAME IS BIG BOY ROY AND BIG BOY ROY IS A BOOTLEGGER.
00:11:06YOU KNOW. A BOOTLEGGER IS. THERE'S THAT TEN YEAR PERIOD WHERE WE ALL LOST OUR MINDS AS A
00:11:10CIVILIZATION AND DECIDED TO PASS A CONSTITUTIONAL AMENDMENT TO BAN ALCOHOL.
00:11:13DON'T GET ME WRONG. I'M NOT SAYING DRY COUNTIES SHOULDN'T BE A THING IN THE DEMOCRATIC PROCESS.
00:11:16IF YOUR COMMUNITY VOTES AND THEY WANT A DRY ACCOUNT, COOL. WHAT I'M SAYING IS THE
00:11:20CONSTITUTION IS A DIFFERENT LEVEL, RIGHT? IT'S SOMETHING THAT'S KIND OF
00:11:24DIFFERENT WHENEVER THIS IS MY OPINION, NOT ESTABLISHED FACT, BUT I DON'T THINK IT'S A CONTROVERSIAL ONE.
00:11:28ANYWAY. OKAY. THAT'S REALLY, REALLY GOOD AT HIS JOB. HE'S A VERY SUCCESSFUL
00:11:32BOOTLEGGER AND HE RUNS THIS LARGE OPERATION OUT OF SEATTLE. AND WHAT THEY DO IS THEY
00:11:35SMOTHER, THEY SMUGGLE CANADIAN BOOZE BY SEA THROUGH A NAVY
00:11:39YARD, LIKE A NAVY FOR DISTRIBUTION FOR THE UNITED STATES.
00:11:43I KNOW WE HEAR ALL THESE STORIES IN LIKE OUR LAW ABOUT LIKE MOONSHINE AND BATHTUB GIN AND
00:11:47STUFF LIKE THAT. WELL, THAT DEFINITELY EXISTED IN A LOT OF PARTS OF THE COUNTRY. IF YOU REALLY WANTED TO MAKE
00:11:51MONEY IN BOOZE DURING PROHIBITION, YOU JUST IMPORTED GOOD STUFF. THAT'S WHAT PEOPLE WANTED.
00:11:55THAT MOONSHINE. ALSO, YOU KNOW, IT'S INCONSISTENCY IN TERMS OF TASTE,
00:11:59BUT ALSO IN TERMS OF STRENGTH. YOU DRINK IT, YOU CAN GO BLIND, RIGHT? IT'S BLACK. IT'S NOT THAT STANDARDIZED THING THAT YOU WANT.
00:12:04SO IF YOU'RE IMPORTING BOOZE, THAT'S HOW YOU MAKE MONEY DURING PROHIBITION. AND THIS IS EXACTLY WHAT THEY'RE
00:12:09DOING. REMEMBER YOUR MAP. SEATTLE IS LIKE RIGHT THERE. CANADA IS RIGHT THERE. YOU'RE JUST LIKE OVER.
00:12:12AND THEN THERE YOU GO. SUDDENLY YOU HAVE BOOZE. IT'S ALL IN AMERICA. HE'S SO GOOD AT HIS JOB THAT
00:12:17INVESTIGATORS ESTIMATE THAT THE ORGANIZATION TAKES IN PROFITS OF
00:12:21AROUND $2 MILLION A YEAR IN $1,928.
00:12:23SO IT'S A MASSIVE OPERATION NOW.
00:12:26OLMSTEAD HAS A LOT OF CONVERSATIONS IN HIS HOUSE. THIS IS THE ACTUAL HOUSE, AND
00:12:29THERE ARE PHONE LINES RUNNING INTO THE HOUSE. AND HE MAKES CALLS TO COORDINATE
00:12:33THINGS BECAUSE HE'S KIND OF IN CHARGE OF MOST OF THE OPERATION.
00:12:36AND HE HAS A HOME OFFICE AND HE
00:12:39COORDINATES A LOT THROUGH HIS HOME OFFICE. SO THE FEDS GO OUTSIDE OF HIS
00:12:43HOUSE, OUTSIDE OF HIS HOUSE, INSTALL A WIRETAP ON HIS PHONE
00:12:47LINE THAT GOES DIRECTLY TO HIS HOME OFFICE, AND THEY GET EVERYTHING THEY WANT AND MORE.
00:12:50IT'S A ABSOLUTE COUP. MAJOR CAREER CASE.
00:12:54IT'S A CASE THAT EVENTUALLY RESULTS IN THE INDICTMENT OF MORE THAN 70 PEOPLE.
00:12:57YOU HAVE BOOKKEEPERS, YOU HAVE SECRETARIES, YOU HAVE ATTORNEYS, YOU HAVE SALESMEN.
00:13:01YOU HAVE A NUMBER OF CORRUPT SEATTLE POLICEMEN. IF YOU'RE ON THE FEDS AND YOU'RE ON THIS, THIS IS THE CAREER
00:13:05CASE. THIS IS SOMETHING THAT'S GOING TO HELP GET YOU PROMOTED. IT'S ALSO MAKES MAJOR HEADLINES,
00:13:09THE SCALE OF IT, THE SCOPE OF IT, THE FACT THAT LIKE GANGSTERS
00:13:11WAS BECOMING A REALLY, REALLY
00:13:13POPULAR EMBEDDED IN OUR POPULAR CULTURE.
00:13:16IT WAS JUST IN SENSATIONAL STORY ALL OVER NATIONAL NEWS.
00:13:20BUT AND THIS IS A BIG BUT, THE
00:13:22FEDS NEVER GOT A WARRANT BEFORE
00:13:24INSTALLING THE WIRETAPS ON WHICH
00:13:27OLMSTEAD CONVICTION DEPENDED. AND SO THIS LEFT A WINDOW FOR
00:13:30OLMSTED'S LAWYERS TO APPEAL ON FOURTH AMENDMENT GROUNDS. REMEMBER, THE FOURTH AMENDMENT
00:13:34SAYS YOU NEED TO GET A WARRANT BEFORE MESSING WITH SOMEBODIES
00:13:36PERSONS HOUSES, PAPERS AND EFFECTS. OLMSTED'S LAWYERS ARE LIKE, HEY,
00:13:40YOU ESSENTIALLY PENETRATED MY CLIENT'S HOME OFFICE WITHOUT RECORDING DEVICES.
00:13:44AND THE FOURTH AMENDMENT SAYS YOU NEED A WARRANT TO DO THAT. AND THERE'S A CLEAR
00:13:47CONSTITUTIONAL DILEMMA HERE. SO THE SUPREME COURT EVENTUALLY AGREES TO HEAR THE CASE.
00:13:51IN 1928. AND THIS PUTS A LOT OF INTERESTING QUESTIONS BEFORE THE COURT.
00:13:55THIS IS A TAFT COURT. FORMER PRESIDENT WILLIAM HOWARD
00:13:58TAFT ENDS UP LEAVING THE PRESIDENCY AFTER HIS TERM IS
00:14:00OVER AND THEN, YOU KNOW, MOST PEOPLE JUST DO SPEAKING TOURS
00:14:04AND HANG OUT AND GET THEIR LIBRARY BUILT. HE'S LIKE, I THINK I'M JUST GOING TO BE CHIEF JUSTICE OF THE
00:14:08SUPREME COURT AND THEN COMES IN AND JUST MAKES US NAP FOR ANOTHER TEN YEARS.
00:14:11THIS IS THE TAFT COURT, AND IT MAKES SENSE THAT THEY WOULD TAKE THIS CASE BECAUSE IT IS AN
00:14:14INTERESTING CONSTITUTIONAL QUESTION AND IT'S WHY THE COURT KIND OF EXISTS.
00:14:17THIS IS SETTLE THESE KINDS OF QUESTIONS. AND THE QUESTION IS, DOES THE
00:14:21FOURTH AMENDMENT JUST PROTECT PROPERTY AND LIKE TANGIBLE
00:14:24THINGS, THINGS THAT YOU CAN HOLD IN YOUR HAND WHERE IT WAS WHEN
00:14:26IT WAS WRITTEN IS THAT WHAT THIS IS FOR?
00:14:29LIKE A PERSON'S HOME OR OFFICE IS SOMETHING THAT'S IN TANGIBLE
00:14:33ALSO PROTECTED AGAINST CERTAIN
00:14:35SEARCHES OR WIRETAPS EXEMPT FROM THE FOURTH AMENDMENT WIRE
00:14:38REQUIREMENT BECAUSE THEY'RE NOT INVOLVING A PHYSICAL TRESPASS. THEY DIDN'T SEND A WIRE MAN INTO
00:14:42THIS GUY'S OFFICE. THEN JUST AT NIGHT IN LIKE A BLACK MASK WHERE EVERYONE WAS
00:14:45SLEEPING AND LIKE, YOU KNOW, PUT IN MICROPHONES AND THINGS LIKE THAT. IT WASN'T LIKE THAT.
00:14:49IT WAS HUNG IT OUTSIDE A PHONE WIRE THAT WASN'T EVEN IN HIS HOUSE.
00:14:53OLMSTEAD, THE ATTORNEY, SAYS THAT THE POLICE ACQUIRED EVIDENCE IN HIS HOME WITHOUT A
00:14:58WARRANT, AND THEREFORE THIS IS AN ILLEGAL SEARCH UNDER THE FOURTH AMENDMENT.
00:15:01HE'S ASKING FOR A BROAD READING OF THE FOURTH AMENDMENT, WHAT WE CALL LOOSE CONSTRUCTION ISM, TO
00:15:05INCLUDE THE PROTECTION OF ALL ACTIVITIES THAT TAKE PLACE
00:15:08INSIDE THE HOME, INCLUDING TELEPHONE CALLS.
00:15:11OLMSTEAD BASICALLY SAYS, BECAUSE I MADE MY CALLS FROM MY HOME
00:15:14UNDER THE BELIEF THAT THEY WERE PRIVATE LAW ENFORCEMENT AGENTS INTRUDED ON THAT PRIVACY.
00:15:18AND I HAD A CONSTITUTIONAL RIGHT TO BE PROTECTED FROM UNREASONABLE SEARCHES AND
00:15:22SEIZURES THAT DON'T HAVE A WARRANT. NOW, ARGUING THE OTHER SIDE, PROSECUTORS ARE LIKE, YEAH, WE
00:15:26COMPLETELY DISAGREE WITH EVERYTHING YOU'RE SAYING.
00:15:28WE DIDN'T DO ANYTHING INSIDE THIS GUY'S HOUSE.
00:15:31WE WENT OUTSIDE THIS GUY'S HOUSE. THERE'S ABSOLUTELY NO FOURTH AMENDMENT PROBLEM HERE.
00:15:35WE DIDN'T MESS WITH ANYONE'S PERSONS HOUSES, PAPERS IN EFFECTS. WE INSTALL THE WIRETAP OUTSIDE
00:15:39OF THIS GUY'S HOME. WE NEVER PENETRATED THE SPACE.
00:15:43AND AGAIN, THE TEXT SAYS WHAT IT SAYS, AND IT DOESN'T SAY WHAT IT DOESN'T SAY.
00:15:46AND PERSONS, HOUSES, PAPERS AND EFFECTS. NONE OF THAT WAS INVOLVED IN
00:15:50WHAT WE DID. ACCORDING TO THE GOVERNMENT WIRETAPS, NOT A PHYSICAL
00:15:53TRESPASS, AND THEREFORE IT'S PERMISSIBLE WITHOUT A WARRANT. AND THERE'S NO FOURTH AMENDMENT
00:15:57VIOLATION THAT EXISTS. IT'S A TOUGH ONE, AND IT'S CLOSE
00:16:02TO FIVE FOUR DECISION. AND THE COURT DENIES OLMSTED'S
00:16:05APPEAL AND UPHOLDS A NARROW INTERPRETATION OF THE FOURTH
00:16:09AMENDMENT, BASICALLY SAYING THAT BECAUSE THERE WAS NO PENETRATION OF THE SPACE, PHYSICAL THINGS,
00:16:14THERE WAS NO SEARCHING, THERE WAS NO SEIZURE, SAYS THE CHIEF JUSTICE.
00:16:17EVIDENCE WAS SECURED ONLY BY THE USE OF SENSE OF HEARING AND THAT
00:16:19ONLY THERE WAS NO ENTRY OF THE HOUSES OR OFFICES OF THE DEFENDANTS.
00:16:23TAFT IS NOT UNSYMPATHETIC. HE'S NOT JUST LIKE, YOU KNOW,
00:16:27ENTIRELY UNTHINKING ON THIS MATTER. TAFT ACTUALLY THINKS THAT THERE
00:16:30SHOULD BE LAWS PROTECTED AGAINST THIS. HE FINDS WIRETAPPING TO BE VERY ALARMING.
00:16:34HE THINKS THAT IT'S INTRODUCING A NEW AGE OF THE POTENTIAL FOR THE GOVERNMENT TO INVADE
00:16:37PEOPLE'S PRIVACY, BUT TRAP TAFT IS ULTIMATELY A JUDICIAL
00:16:41CONSERVATIVE, WHICH MEANS HE BELIEVES THAT IT'S CONGRESS'S JOB TO PASS A LAW OR PASS A
00:16:45CONSTITUTIONAL AMENDMENT OR UPDATE THE FOURTH AMENDMENT THAT THEY CAN'T JUST TAKE THE FOURTH
00:16:49AMENDMENT AND PROVIDE A BROADER READING THAT IF WIRETAPPING
00:16:52OFFENDED THE PUBLIC CONSCIOUS, THAT CONGRESS, THE PEOPLE'S BRANCH, SHOULD PASS A LAW
00:16:56INCLUDING NEW KINDS OF TECHNOLOGY, AND THAT SHOULD BE WHAT THEY WOULD HAVE, AND THEN
00:17:00THERE WOULDN'T BE AN ISSUE IN TERMS OF THE FOURTH AMENDMENT.
00:17:02NOW, THE SENATE IS PENNED BY ONE OF THE MOST FAMOUS JUSTICES TO
00:17:05EVER SIT ON THE SUPREME COURT. NOW, LOOK, GETTING A JOB ON THE
00:17:09SUPREME COURT IS A REALLY BIG DEAL. I MEAN, IT'S THE FIRST BYLINE ON
00:17:11YOUR GRAVESTONE AND DEFINITELY THE FIRST THING ON YOUR OBITUARY.
00:17:15BUT THERE ARE A LOT THAT DON'T TEND TO LOOM LARGE IN AMERICAN HISTORY.
00:17:18SOME DO, SOME DON'T. JUSTICE BRANDEIS, WHO PENNED THE
00:17:22DISSENT, IS ONE OF THE ONES THAT TENDS TO LIVE ON. YOU'LL READ JUSTICE BRANDEIS IF
00:17:24YOU GO TO LAW SCHOOL. HE IS ONE OF THE MOST POPULAR
00:17:27SUPREME COURT JUSTICES, NOT JUST OF THE 20TH CENTURY.
00:17:30WHEN HE WAS ON THE COURT, BUT LARGELY IN THE HISTORY OF THE INSTITUTION.
00:17:33BRANDEIS BEFORE HE WAS ON THE COURT WHEN HE WAS A YOUNG RECENT LAW SCHOOL GRAD THAT JUST WENT
00:17:37INTO PRIVATE PRACTICE. HE WROTE A HARVARD LAW REVIEW CALLED THE RIGHT TO PRIVACY IN
00:17:40THE 1890S, WHICH IS ONE OF THE FIRST EVER MAJOR LEGAL TRACKS TO
00:17:44BE WRITTEN ABOUT PRIVACY. AND WHAT HE SAYS IN 1890 IS,
00:17:47YEAH, TECHNOLOGY'S GETTING CRAZY. AND LIKE YOU HAVE ALL THIS NEW
00:17:50PHOTOGRAPHS COMING OUT AND YOU HAVE LIKE DIFFERENT WAYS OF PRINTING THAT ARE GOING ON AND
00:17:53THAT THE LAW NEEDS TO KEEP PACE
00:17:56WITH TECHNOLOGICAL CHANGE AND NOW WE HAVE TO START LOOKING AT
00:17:59PRIVACY IS NOT JUST PRIVATE PROPERTY, BUT THAT'S SOMETHING THAT'S BIGGER THAT DEALS WITH
00:18:02WHAT HE CALLS INVIOLATE PERSONALITY. WHAT'S GOING ON INSIDE WITH
00:18:06PEOPLE. BRANDEIS NOW THAT HE'S ON THE COURT, STILL HAS THAT KIND OF
00:18:09ZEAL FOR PROTECTING AMERICAN PRIVACY. AND WHAT HE SAYS IS, WELL, THE
00:18:13FOUNDERS ABSOLUTELY WOULD HAVE WANTED THE FOURTH AMENDMENT TO COVER WIRETAPS THAT WE KNOW WHO
00:18:17THEY WERE. WE KNOW THEY'RE WRITING. THEY VERY MUCH WERE AFRAID OF THIS IDEA OF OVERT GOVERNMENT
00:18:21INTRUSION IN PEOPLE'S HOUSES. AND WIRETAPS DEFINITELY FALL
00:18:25INTO THAT PURVIEW. AND WHAT HE SAYS IS THAT THERE'S MORE FAR REACHING WAYS OF
00:18:27INVADING PRIVACY THAT HAVE BECOME AVAILABLE SINCE THE TIME
00:18:30OF MADISON WHEN HE'S WRITING THE FOURTH AMENDMENT. AND HE SAYS THAT DISCOVERY AND
00:18:34INVENTION AND MADE IT POSSIBLE FOR THE GOVERNMENT BY MEANS FAR
00:18:37MORE EFFECTIVE THAN STRETCHING ON THE RACK. YOU KNOW THAT IS BRANDEIS GETTING A LITTLE MELODRAMATIC
00:18:42HERE? THAT'S WHEN THEY LIKE MEDIEVAL TORTURE, ARE STRETCHING YOU OUT
00:18:44TO GET KIND OF LIKE A CONFESSION. SO WHAT HE'S SAYING IS A WIRETAP
00:18:47IS WORSE THAN THAT, WHICH I'M A PRIVACY ADVOCATE, BUT LET'S BE REAL.
00:18:51I'M NOT TRYING TO HANG ON THE RACK. SO TO OBTAIN DISCLOSURE IN COURT OF WHAT'S WHISPERED IN THE
00:18:55CLOSET, YOU HAD A FAMOUS QUOTE IN A DIFFERENT DECISION WHERE HE SAID, WHAT IS WHISPERED IN THE
00:18:59CLOSETS WILL BE SHOUTED FROM THE HOUSE TOPS THAT BASICALLY AMERICANS PRIVATE THOUGHTS,
00:19:03SENSATIONS AND THE THINGS THAT HAPPEN INSIDE THEIR HOMES
00:19:04BECAUSE OF MODERN TECHNOLOGY
00:19:07WOULD THEN BE BROADCAST AND AVAILABLE TO THE GOVERNMENT. AND THAT THIS IS SOMETHING THE
00:19:10FOURTH AMENDMENT, OF COURSE, WAS MEANT TO PROTECT, THAT THE
00:19:14CONSTITUTION, AS YOU SAID, AND A LOT OF TIMES IT'S NOT A MUNICIPAL CODE, IT'S A BLUEPRINT.
00:19:17IT'S ABOUT WHAT WERE THE FOUNDERS TRYING TO DO IN BROAD TERMS.
00:19:20AND HE BELIEVES ULTIMATELY THAT THE FOURTH AMENDMENT SHOULD BE
00:19:23CAPACIOUS ENOUGH TO DO THAT.
00:19:25WHEN YOU THINK ABOUT IT, HE WAS DEAD RIGHT ABOUT TECHNOLOGICAL PROGRESS.
00:19:29THIS DISSENT REMAINS ONE OF THE MOST WIDELY READ TRACKS IN AMERICAN LEGAL HISTORY.
00:19:34GENERATIONS LATER, A VERY DIFFERENT SUPREME COURT, 40 YEARS LATER WILL ACTUALLY BORROW
00:19:38VERY HEAVILY FROM THIS. WHEN THEY DO EXTEND FOURTH AMENDMENT PROTECTIONS TO
00:19:42WIRETAPPING, WHEN THIS CASE IS OVERTURNED. A LITTLE SIDE NOTE, THE DECISION
00:19:45WAS ALSO REALLY UNPOPULAR IN A LOT OF INFLUENTIAL CIRCLES.
00:19:48THE AMERICAN PEOPLE DIDN'T REALLY LIKE THE IDEA OF WIRETAPS AND THE GOVERNMENT LISTENING TO
00:19:52THEIR PHONE. THEY ALSO A LOT OF THEM DIDN'T LOVE THE IDEA OF THE FOURTH
00:19:55AMENDMENT, NOT COVERING TELEPHONIC COMMUNICATIONS.
00:19:59SO YEARS LATER, FRANKLIN ROOSEVELT, FDR, WHEN HE'S PRESIDENT, ENDS UP PARDONING
00:20:02OLMSTEAD OLMSTEAD AFTER BEING RELEASED AS AN INTERESTING LIFE, HE GOES AROUND THEM BECOMING
00:20:06LIKE A PUBLIC LECTURER. HE GETS REALLY INTO CHRISTIAN SCIENCE.
00:20:10I KNOW IF YOU'RE FAMILIAR WITH WHAT THAT IS, WHICH IN THE 1930S WAS ABSOLUTELY HAVING A MOMENT IN AMERICAN PUBLIC CONSCIOUSNESS.
00:20:14HE BECAME ONE OF THE BIG LEADERS OF THAT MOVEMENT, A MASSIVELY
00:20:16POPULAR PUBLIC SPEAKER AND KIND OF VERY MUCH A MINOR TO MID
00:20:20LEVEL CELEBRITY IN HIS DAY, APART FROM THAT. BUT FDR PARDONED HIM
00:20:24NEVERTHELESS. THE FOURTH AMENDMENT REMAINS UNTOUCHED BECAUSE OF THIS DECISION.
00:20:27NOW, THE OLMSTED DECISION WAS NOT CURRENT LAW. IT WAS THEN.
00:20:31IT'S NOT NOW. THE CASE THAT ENDS UP BEING OVERTURNED 40 YEARS LATER IN THE
00:20:34CASE THAT IMPACTS YOUR WIFE WHEN IT COMES TO THIS STUFF IS KATZ
00:20:38VERSUS THE UNITED STATES.
00:20:40THIS TIME IT'S NOT A BOOTLEGGER. IT'S A BOOKMAKER. RICH. AND IF YOU KNOW WHAT A BOOKIE
00:20:44DOES, YOUR PHONE IS BASICALLY YOUR BOOKIE. NOW, BACK IN THE DAY, IF YOU
00:20:46WANTED TO BET SPORTS, WHETHER IT WAS SOUTH CAROLINA VERSUS THE TIME, WHICH YOU CAN'T DO IN
00:20:50ALABAMA, BUT YOU CAN IN OTHER STATES, IF YOU WANTED TO PLAY
00:20:52THE PONIES, IF YOU WANTED TO, WHATEVER. THERE WAS A GUY THAT WAS HANGING
00:20:56OUT IN A CORNER STORE OR A PIZZA SHOP OR SOMETHING LIKE THAT, WHO'S KIND OF NEVER LEFT AND
00:21:00ALWAYS HAD A BUNCH OF FORMS IN FRONT OF HIM. AND YOU WENT DOWN AND YOU GOT TO
00:21:02LAY A BET. HE'S A BOOKMAKER IS BETTING ON
00:21:06SPORTS ILLEGAL KIND OF. YOU HAVE TO GO TO PEOPLE WHO HAVE GAMING LICENSES.
00:21:10YOU CAN ABSOLUTELY BET ON SPORTS IF YOU WANT TO BET YOU HAVE TO GO THROUGH APPROPRIATE LEGAL CHANNELS AT THE STATE LEVEL.
00:21:14THING. THERE ARE GAMING BOARDS ALSO WHERE YOU ARE. YOU CAN'T JUST BE LIKE, I'M
00:21:17TAKING BETS, RIGHT? THAT'S AGAINST THE LAW. AND THAT'S WHAT CHARLIE KATZ IS DOING.
00:21:21SO IN A LEGAL BOOKMAKER AND THE FBI REALIZES THAT HE'S RUNNING A NATIONWIDE ILLEGAL GAMBLING
00:21:25OPERATION OUT OF LOS ANGELES, AGENTS FROM THE FEDERAL BUREAU
00:21:28OF INVESTIGATION REGULARLY. THERE'S AN ACTUAL PHOTO RAY. WE OBSERVE HIM USING A PUBLIC
00:21:33PAYPHONE. YOU GUYS KNOW WHAT A PAYPHONE IS? IT SEEMS LIKE MOVIES AND STUFF
00:21:37LIKE THAT, RIGHT? THE FEDS BELIEVE THAT HE'S USING ONE PAYPHONE IN PARTICULAR TO
00:21:41REALLY GAMBLING INFORMATION RELATING TO HIS BOOK.
00:21:45SO WITHOUT GETTING A WARRANT AND WITHOUT ENTERING THE PHONE
00:21:47BOOTH, THE AGENTS ATTACH A LISTENING DEVICE TO THE TOP OF
00:21:50THE BOOTH. THERE'S LIKE LITTLE AIR VENTS THAT ARE THERE, AND THEY PUT A
00:21:54LITTLE MICROPHONE ON TOP OF THE BOOTH SO THEY CAN HEAR WHAT'S GOING ON THERE, AND THEY START
00:21:58RECORDING KATZ'S CONVERSATION. OBVIOUSLY IT'S JUST ONE WAY. ALL YOU'RE GETTING IS WHAT KATZ
00:22:01IS SAYING BECAUSE THEY DIDN'T TAP THE LINE. BUT HE'S CALLING BOSTON AND HE'S CALLING MIAMI.
00:22:05AND ONCE THEY HAVE ENOUGH EVIDENCE, HE'S ARRESTED AND HE'S
00:22:08PROSECUTED FOR TRANSMITTING WAGERING INFORMATION VIA
00:22:10TELEPHONE OVER STATE LINES AND COORDINATING ILLEGAL MONEY
00:22:14OPERATIONS THROUGH GAMBLING ACROSS STATE LINES, WHICH IS
00:22:16ABSOLUTELY THE FBI'S PURVIEW. AND IT'S ABSOLUTELY A VIOLATION
00:22:20OF FEDERAL LAW. JUST LIKE OLMSTEAD, KATZ'S ATTORNEY BASICALLY SAYS.
00:22:23DID YOU GET A WARRANT? AND THEY'RE LIKE, WE DIDN'T NEED A WARRANT. HE'S LIKE, I THINK YOU NEEDED A
00:22:27WARRANT. AND SO THEY FILE AN APPEAL JUST LIKE OLMSTEAD ATTORNEY DID.
00:22:30AND THEY SAY HIS CONVICTION SHOULD BE OVERTURNED BECAUSE THE EVIDENCE AGAINST HIM IS GATHERED
00:22:34IN AN UNCONSTITUTIONAL MANNER. BASICALLY, THERE'S NO WARRANT.
00:22:37AGAIN, IN 1967, THE CASE BECOMES BEFORE THE SUPREME COURT.
00:22:41AND THERE ARE TWO DISTINCT ARGUMENTS.
00:22:43KATZ'S LAWYERS REALLY OBSESS OVER THE PHONE BOOTH AND THEY'RE LIKE, LOOK, WE GET THAT THE
00:22:47PHONE BOOTH IS A PUBLIC AREA,
00:22:50BUT ONCE IT'S USED BY SOMEONE
00:22:52AND A CLIENT, IT BECOMES A PRIVATE SPACE.
00:22:56AND THAT IS A CONSTITUTIONALLY PROTECTED AREA BECAUSE WE'RE
00:22:59TALKING ABOUT PERSONAL THINGS. ESSENTIALLY. THEY SAID A PHONE BOOTH IS A
00:23:02CONSTITUTIONALLY PROTECTED AREA, JUST LIKE A HOME OR AN OFFICE.
00:23:06AND THE COURTS IN OLMSTEAD WERE LIKE, YEAH, THIS ISN'T THE CASE. AND THEY SAID, RIGHT.
00:23:09AND WE THINK OLMSTEAD WAS DECIDED WRONG AND SHOULD BE OVERTURNED. IT WAS FIVE FOUR.
00:23:12JUSTICE BRANDEIS WROTE THIS EXCELLENT DISSENT ABOUT WHY THIS
00:23:16IS A PROBLEM AND WE BELIEVE THIS CONVICTION SHOULD BE OVERTURNED. THEY SAID A PERSON'S PRIVATE
00:23:20CONVERSATIONS SHOULD REMAIN PRIVATE. WHEREVER YOU ARE, UNLESS PROPER
00:23:22PROCEDURE IS FOLLOWED, INCLUDING
00:23:24THE USE OF A SEARCH WARRANT.
00:23:28THE PROSECUTION SAID, YEAH, THIS ISN'T TRUE. A COUPLE OF THINGS.
00:23:31ONE, IT'S A PHONE BOOTH. IT'S A PUBLIC PHONE BOOTH. SO THE FACT THAT YOU'RE SAYING
00:23:35THIS IS A CONSTITUTIONALLY PROTECTED AREA MAKES NO SENSE TO
00:23:36US TO THIS HAS ALREADY BEEN
00:23:40DECIDED. OLMSTEAD VERSUS US. I'M SORRY TO INTO YOUR HOMEWORK, BUT AT THE END OF THE DAY, THE
00:23:44SUPREME COURT WEIGHED IN ON THIS. WE WERE FOLLOWING PROCEDURE BASED ON EXISTING LAW, THE
00:23:47EXISTING LAW SAID THAT UNLESS IT WAS PERSONS, HOUSES, PAPERS AND
00:23:51EFFECTS, WE DON'T NEED A WARRANT. SO WE DIDN'T GET A WARRANT. WE DON'T FEEL LIKE WE DID ANYTHING WRONG.
00:23:55SO THERE'S THIS CONSTANT KIND OF DISCUSSION OVER WHETHER A PHONE BOOTH IS A CONSTITUTIONAL
00:23:58PROTECTED AREA. SHOULD IT OR SHOULDN'T IT? AND THAT'S ALSO KIND OF WEIRD.
00:24:02AS SOMEONE WHO WAS THERE, I WILL SAY THAT PHONE BOOTH DID HAVE A
00:24:04CERTAIN PRIVACY EXPECTATION. I WASN'T THERE WITH THE KATZ.
00:24:07I MEAN, THERE WHEN PHONE BOOTHS WERE A THING. IF YOU WERE ON THE PHONE BOOTH AND SOMEONE WANTED TO USE IT
00:24:11AFTER YOU, THEY DIDN'T JUST LIKE STAND NEXT TO YOU, IT WOULD HAVE BEEN SEEN AS WEIRD AND YOU WOULD
00:24:15HAVE BEEN WITHIN YOUR RIGHTS TO BE LIKE, CAN YOU BACK OFF FOR A SECOND?
00:24:18RIGHT? OR YOU WOULD HAVE TURNED THE PHONE AWAY. YOU COULD GESTURE, YOU COULD, YOU KNOW, FLIP YOUR COIN.
00:24:22YOU CAN KIND OF LIKE SHOW THEM THAT YOU'RE IMPATIENT, BUT YOU'RE ALSO EXPECTED TO STAY A COUPLE OF ARM'S LENGTH AWAY FROM
00:24:26PEOPLE. SOMEONE STANDING NEXT TO YOU ON THE PHONE WOULD BE THE SAME
00:24:29THING AS SOMEONE OUTSIDE STANDING RIGHT NEXT TO YOU WHEN YOU'RE ON YOUR PHONE RIGHT.
00:24:32IF YOU'RE HAVING LIKE A PHONE CONVERSATION THAT SAID IT'S NOT YOUR PHONE, RIGHT?
00:24:35LIKE YOU'RE OUT IN PUBLIC, PEOPLE CAN SEE YOU. IT'S A BIG GLASS BOX.
00:24:39THAT'S EVEN IF YOU'RE LUCKY ENOUGH TO GET THE BOX, LIKE A LOT OF THEM ARE JUST ON A POLE SOMEWHERE AND YOU'RE STANDING
00:24:42OUT IN THE MIDDLE OF THE STREET EXPOSED TO THE ELEMENTS. SO EVERYBODY IS LIKE, IS A PHONE
00:24:46OR CONVERSE CONSTITUTIONAL PROTECTED AREA, IS IT NOT?
00:24:48AND EVENTUALLY THE COURTS LIKE, OH MY GOD, SHUT UP ABOUT PHONES.
00:24:52THEY'RE LIKE, WE'RE NOT TALKING ABOUT PHONES. WE'RE NOT DOING THIS AT ALL.
00:24:547 TO 1 VOTE, THE COURT OVERTURNS HOMESTEADS, PRECEDENTS AND
00:24:58KATZ'S CONVICTION ALONG WITH IT. AND WHAT JUSTICE POTTER STEWART
00:25:01SAYS IN THIS VERY, VERY FAMOUS LINE IS THAT WE'RE NOT GOING TO
00:25:04HAVE A DEBATE OVER WHETHER OR NOT A PAY PHONE IS A CONSTITUTIONALLY PROTECTED AREA.
00:25:08THAT'S NOT THE THING THAT'S IMPORTANT HERE. STOP FOCUSING ON PHONES.
00:25:10STEWART SAID THAT THE FOURTH AMENDMENT WAS MEANT TO PROTECT, QUOTE, PEOPLE, NOT PLACES.
00:25:16AGAIN, THE SUPREME COURT, IN A71 RULING, SAYS THE FOURTH AMENDMENT. AT THE END OF THE DAY, WHEN YOU
00:25:20WANT TO UNDERSTAND WHAT'S GOING ON, IT WAS MEANT TO, QUOTE,
00:25:22PROTECT PEOPLE, NOT PLACES. AND THAT AS LONG AS AN AMERICAN
00:25:25HAS, QUOTE, A REASONABLE
00:25:27EXPECTATION OF PRIVACY, YOU'RE
00:25:30COVERED BY THE FOURTH AMENDMENT. WE'RE NOT GONNA HAVE THESE DETAILS AND THESE CONSTANTLY
00:25:34LIKE LONG ARGUMENTS ABOUT WHAT QUALIFIES, WHAT DOESN'T QUALIFY IF YOU HAVE A REASONABLE
00:25:40EXPECTATION OF PRIVACY, YOU'RE PROTECTED BY THE FOURTH AMENDMENT. AND IT DOESN'T MEAN THAT LAW
00:25:43ENFORCEMENT CAN'T GET IN YOUR FACE, BUT IT DOES MEAN THAT THEY NEED A WARRANT IF THEY'RE GOING
00:25:47TO SEARCH YOUR THINGS THAT YOU REGARD AS PRIVATE AND THAT WE AS
00:25:50SOCIETY AGREE IS PRIVATE. THEY DIDN'T GET A WARRANT. THEY DIDN'T HAVE A RIGHT TO INVADE HIS PRIVACY.
00:25:54AND THEREFORE, OLMSTEAD DECISIONS OVERTURNED.
00:25:57NOW, THE FOUNDERS DID SAY THAT THE POLICE SHOULDN'T HAVE THE AUTHORITY TO MAKE THOSE KIND OF
00:26:01DECISIONS ON THEIR OWN, THAT IF YOU WANT TO INVADE THE PRIVACY
00:26:03OF AMERICANS, JUST SPEAK TO A JUDGE, A LEGAL EXPERT, IF THEY AGREE THAT THERE'S PROBABLE
00:26:08CAUSE, YOU CAN JUST GET AFTER IT. AND THAT'S THE THING WITH OLMSTEAD AND WITH KATZ, BOTH OF
00:26:11THEM WERE GUILTY IN THE SENSE THAT BOTH OF THEM WERE COMMITTING THESE CRIMES.
00:26:15OLMSTEAD IS ABSOLUTELY A BOOTLEGGER. CHARLIE KATZ IS ABSOLUTELY A BOOKIE. AND THE PROBABLE CAUSE THAT THEY
00:26:19HAD WERE STANDARD LAW ENFORCEMENT THAT WORK. THESE CASES WERE REALLY GOOD AT THEIR JOBS.
00:26:22THEY CHANGED EVIDENCE. THEY'VE FOUND COORDINATED, YOU KNOW, SOPHISTICATED OPERATIONS.
00:26:26AND THEN THEY BROUGHT THEM TO TRIAL. THEY JUST DIDN'T GET A WARRANT. FIRST.
00:26:29IF THEY WENT TO THE JUDGES, THEY WOULD HAVE GOT IT. THIS WASN'T SOME KIND OF 1984
00:26:33CABLE SITUATION. I MEAN, THESE ARE COPS DOING THEIR JOBS AND DOING IT WELL.
00:26:37BUT THIS IDEA OF MAKING SURE YOU GO TO A JUDGE IS IMPORTANT.
00:26:39AND IT'S SOMETHING THAT EVEN IN THESE CASES, SUPREME COURT NOW
00:26:42HAS BEEN EMPHATIC ABOUT. THIS CREATES WHAT PRIVACY
00:26:46SCHOLARS I'M A PRIVACY PROFESSIONAL CALLED THE GOLDEN RULE. AND THIS IS THE CURRENT PRIVACY
00:26:50LAW THAT YOU'RE SUBJECTED TO RIGHT NOW.
00:26:53IF YOU THINK YOUR PRIVACY HAS BEEN INVADED AND YOU FILE A
00:26:57COMPLAINT, THE JUDGE OR WHOEVER
00:26:59IS ADJUDICATING THE CASE WILL FIRST JUST ASK, DID YOU HAVE A
00:27:03REASONABLE EXPECTATION OF PRIVACY? IF THE ANSWER IS YES, THEN, HEY,
00:27:06MAYBE YOU MAKE A LITTLE MONEY OR MAYBE SOMEONE GOES TO JAIL.
00:27:10IF YOU DIDN'T, THEN YOU DON'T.
00:27:12AND THIS IS THE COMMON STANDARD
00:27:14OF NOW AMERICAN PRIVACY LAW. AND YOU SEE HOW IT ALIGNS WITH
00:27:18THE FOURTH AMENDMENT, BECAUSE THE FOURTH AMENDMENT DOESN'T PROTECT YOU FROM SEARCHES AND SEIZURES.
00:27:21IT PROTECTS YOU FROM UNREASONABLE SEARCHES AND SEIZURES.
00:27:24SO DO YOU SEE HOW THIS IS STILL ALIGNED WITH THE LANGUAGE OF THE FOURTH AMENDMENT WHEN YOU HAVE A
00:27:28REASONABLE EXPECTATION OF
00:27:30PRIVACY, THEN A WARRANT IS NEEDED BEFORE THE GOVERNMENT IS ALLOWED TO PENETRATE YOUR
00:27:35PRIVATE SPACE. AND IT SEEMS SIMPLE ENOUGH.
00:27:37BUT IS IT WAS THAT WORD EVEN MEAN, REASONABLE?
00:27:41GIVE ME A SHOW OF HANDS. IF YOU DO YOU THINK THIS IS A REASONABLE EXPECTATION OF
00:27:45PRIVACY? IF YOU SEND AN EMAIL FROM YOUR UNIVERSITY OF ALABAMA ACCOUNT
00:27:47AND YOU'RE CONNECTED TO THE UNIVERSITY WI FI, DO YOU THINK YOU HAVE A REASONABLE
00:27:51EXPECTATION OF PRIVACY? HANDS UP IF YOU THINK YOU DO.
00:27:55YOU DON'T SEEM CONVINCED, RIGHT? IT'S NOT YOUR ACCOUNT. IT'S NOT YOUR WI FI.
00:27:59IT'S A PROFESSIONAL WORK KIND OF THING. RIGHT? MOST PEOPLE, I WOULD SAY IN AMERICA WOULD SAY YOU DIDN'T
00:28:03HAVE A REASONABLE EXPECTATION OF PRIVACY. AT THE UNIVERSITY, YOU END UP GETTING IN TROUBLE BY THE
00:28:06UNIVERSITY FOR SOMETHING YOU EMAILED AND YOU'RE LIKE, HEY, YOU SHOULDN'T HAVE LOOKED AT MY EMAILS.
00:28:10I FEEL LIKE THEY SHOULD HAVE HAD THE RIGHT TO LOOK AT THEIR. MOST PEOPLE WOULDN'T GO FOR THAT.
00:28:14WHAT IF YOU WERE ON YOUR CELL
00:28:16PHONE ON CELL DATA? YOU'RE NOT USING UNIVERSITY WI
00:28:19FI ON YOUR GMAIL AND YOU SEND AN EMAIL AND THE UNIVERSITY TRIES
00:28:22TO GET ACCESS TO RAISE YOUR HAND IF YOU THINK YOU HAVE A REASONABLE EXPECTATION OF PRIVACY.
00:28:26EVERYONE AGREES THIS IS EASY. PRIVACY LAW IS SUPER SIMPLE. ALL RIGHT.
00:28:29IT'S YOUR PHONE. IT'S YOUR GMAIL.
00:28:31YOU'RE CONNECTED TO UNIVERSITY, WI FI, EDU ROOM. DO YOU HAVE A REASONABLE
00:28:35EXPECTATION? PRIVACY? NOT WHAT YOU WANT.
00:28:38WHAT DO YOU THINK? THE LAW AND A REASONABLE STANDARD RAISE YOUR HAND IF YOU
00:28:42THINK YOU DO. BECAUSE IF YOU DON'T. YEAH, IT'S KIND OF 5050, RIGHT?
00:28:45THIS IS THE SLIPPERY SLOPE OF PRIVACY LAW. IF ANY OF YOU INTERESTED IN THIS
00:28:49KIND OF FIELD, LIKE WHAT IT LOOKS LIKE, IT'S ABOUT ESTABLISHING WHAT'S A REASONABLE EXPECTATION.
00:28:53AND AT THE END OF THE DAY, WHO'S GOING TO ESTABLISH WHAT'S REASONABLE?
00:28:56WE ARE AS A CIVILIZATION LIKE AS A PEOPLE, RIGHT?
00:28:59LIKE AS A SOCIETY, WE'RE ALL GOING TO BASICALLY DECIDE
00:29:02WHETHER OR NOT SOMETHING IS REASONABLE. AND I PROMISE, LIKE A REASONABLE, YOU KNOW, INTERNET
00:29:06GENERATION, WHAT'S REASONABLE IN TERMS OF PRIVACY TO US IS VERY,
00:29:09VERY DIFFERENT FROM WHAT YOUR GRANDPARENTS THOUGHT WHEN THEY WERE YOUR AGE.
00:29:12STANDARDS CHANGE CULTURAL NORMS CHANGE. WE GO THROUGH BIG MOMENTS.
00:29:15IF ANYTHING, THINGS ARE CHANGING FASTER THAN THEY EVER HAD IN THE ENTIRE HISTORY OF THIS NATION. RIGHT?
00:29:19STANDARDS AND NORMS. NOT EVEN JUST INTERGENERATIONALLY, BUT WITHIN
00:29:21THE GENERATION YOU HAVE LIKE TEARS, ELDERS AND BABIES AND
00:29:25THINGS LIKE THAT. RIGHT? WITHIN THE GENERATIONS THAT EXIST.
00:29:28SO KNOWING WHAT NOW, NOW, AS OPPOSED TO WHAT'S THERE BEFORE
00:29:31ISN'T EASY. IT'S SOMETHING THAT'S RELIED ON IN CASE LAW. IT'S ABOUT CHECKING OUT STANDARDS.
00:29:36BUT WHAT I'M TRYING TO SAY IS THAT IF THE FOURTH AMENDMENT IS
00:29:40BASED AROUND THIS IDEA OF A REASONABLE EXPECTATION OF
00:29:44PRIVACY AND WHAT'S REASONABLE KEEPS CHANGING AND EVOLVING. DO YOU UNDERSTAND THE FOURTH
00:29:48AMENDMENT KEEPS CHANGING AND EVOLVING, THAT IT'S CONSTANTLY
00:29:50SHAPED AND ADAPTED TO THE KIND OF MODERN STANDARDS AT A TIME. I WANT TO UNPACK THIS FOR A
00:29:57MOMENT. BECAUSE I'M A BIG FAN OF THE FOURTH AMENDMENT, AND I THINK
00:30:00IT'S GREAT, BUT IT'S CERTAINLY NOT CLEAR CUT IN THE SAME WAY. UNREASONABLE ISN'T EITHER.
00:30:04TAKE YOUR PHONES OUT.
00:30:09REGINA, YOU'RE ON SNAPCHAT.
00:30:11I READ OPEN UP YOUR SNAP.
00:30:18OPEN UP MY EYES. ONLY.
00:30:22AND I WANT YOU TO SWAP PHONES WITH THE PERSON BEHIND YOU FOR
00:30:25FIVE MINUTES.
00:30:36IF YOU'RE NOT DOING ANYTHING WRONG, YOU SHOULD HAVE NOTHING
00:30:39TO HIDE RIGHT.
00:30:42WHAT ARE YOU DOING?
00:30:44OBVIOUSLY SOMETHING NONE OF YOU DID IT.
00:30:48NOT EVEN ONE ANGEL AMONG YOU. NO ONES WITH, LIKE NOTHING IN IT.
00:30:52OR. RIGHT. LIKE, YOU KNOW, SOME PEOPLE, SOME FRIENDS. YOU HAVE NEVER HAVE A BROWSING
00:30:56HISTORY, EVER. AND YOU'RE LIKE, REALLY? YOU NEVER GO ON THE INTERNET.
00:30:58YOU NEVER IF YOU'RE NOT DOING ANYTHING WRONG, YOU HAVE NOTHING
00:31:02TO HIDE. RIGHT. WHY DO WE HAVE A FOURTH AMENDMENT TO BEGIN WITH? YEAH, OBVIOUSLY, IF YOU STUDY
00:31:05THE CONSTITUTIONAL HISTORY, THE FACT THAT THE BRITISH WERE
00:31:07KICKING DOWN DOORS DURING OUR REVOLUTIONARY PERIOD REALLY IS SOMETHING THAT BURNED BRIGHT
00:31:11WITH THE FOUNDERS. RIGHT. AND THIS IDEA OF A COLONIAL OR
00:31:13MAGISTERIAL REDCOATS COMING IN AND INVADING THE PRIVACY OF, YOU
00:31:16KNOW, THE GOOD PATRIOTS LIKE I GET THAT THAT THAT'S WHAT'S THERE. BUT ALSO LIKE LET'S LOOK AT IT
00:31:20FROM A PRO LAW ENFORCEMENT STANDPOINT, RIGHT? IF YOU'RE NOT DOING ANYTHING WRONG, YOU SHOULD HAVE NOTHING
00:31:24TO HIDE BECAUSE THERE ARE PEOPLE THAT ARE TRYING TO KILL AMERICANS, WHETHER IT'S
00:31:27INTERNALLY THROUGH VIOLENT CRIME, WHETHER IT'S INTERNATIONALLY, THROUGH THE
00:31:30MANY ENEMIES THAT WE HAVE WHO 20 YEARS AGO, IF WE PLANES INTO BUILDINGS AND ARE STILL ACTIVELY
00:31:34TRYING TO KILL. RIGHT. LIKE THE THREAT IS REAL, THE WORLD IS DANGEROUS.
00:31:39AMERICANS ARE TARGETED. IF YOU'RE NOT DOING ANYTHING WRONG, YOU HAVE NOTHING TO HIDE. RIGHT.
00:31:43OR YOU HAVE AN EMBARRASSING PHOTO. COME ON. WE'RE TRYING TO STOP TERROR.
00:31:46AND WHENEVER RESPONSIVENESS.
00:31:49VERIZON, IF YOU'VE HEARD THIS
00:31:51BEFORE, THIS IS A VERY OLD ARGUMENT.
00:31:54PEOPLE IN POWER HAVE BEEN USING THIS SINCE THE TIME OF THE CAESARS OR BEFORE THE TIME OF
00:31:58THE CAESARS. REALLY. AND WHEN YOU LOOK AT IT, IT'S
00:32:02CALLED THE NOTHING, THE HIGH TRAP THAT WE CALL THIS IN THE PRIVACY COMMUNITY. AND IT'S REALLY, REALLY, REALLY
00:32:05EFFECTIVE, PARTICULARLY IF YOU'RE IN CHARGE OF SOMETHING AND YOU HAVE POWER OVER OTHER PEOPLE.
00:32:08BECAUSE LET'S DISSECT IT FROM A LANGUAGE PERSPECTIVE OFF THE
00:32:12BAT, AGGRESSIVE RIGHT OUT THE GATE. JUST US, RIGHT?
00:32:15SOMETHING'S UP WITH YOU RIGHT? I NEED TO SEE YOUR DEVICE.
00:32:17AND YOU'RE LIKE, I DON'T KNOW IF I'M GOING TO SHOW IT TO YOU RIGHT NOW. THE MORE YOU TRY TO ASSERT YOUR
00:32:21OWN RIGHT TO PRIVACY, WHAT'S GOING TO HAPPEN.
00:32:24YOU LOOK MORE SUSPICIOUS, RIGHT? SO YOU SEE, IT'S LIKE QUICKSAND,
00:32:29WHICH IS THE THING THAT AS A CHILD I THOUGHT WOULD HAVE A LARGER IMPACT ON MY ADULT LIFE. BUT LIKE, IT'S THIS THING WHERE
00:32:33ULTIMATELY YOU HAVE THIS
00:32:36SELF-DEFENSE THAT JUST MAKES YOU SEEM MORE GUILTY. AND EVENTUALLY THEY'RE JUST LIKE, YOU KNOW WHAT? I WAS KIND OF HALF KIDDING WHEN
00:32:40WE ORIGINALLY TALK, BUT NOW I'M REALLY WORRIED. SO I'M GOING TO NEED TO SEE YOUR PHONE RIGHT NOW. OTHERWISE, WE'RE GOING HAVE A
00:32:44SERIOUS PROBLEM. NOW, THIS IS HARD TO DEFEND YOURSELF FROM AND SOMETHING THAT'S BEEN HAPPENING FOR A
00:32:48REALLY LONG TIME NOW, THE WAY YOU GET OUT OF THE TRAP IS ACTUALLY PRETTY EASY.
00:32:51THIS IS WHAT'S CALLED THE LOGICAL FALLACY. BRACE YOURSELVES.
00:32:54AND WE KNOW THE LOGICAL FALLACY IS RAISE YOUR HAND IF YOU EVER HEARD THE TERM.
00:32:58YEAH, YOU CAN LEARN IT FROM WEIGHT LOSS IF YOU WANT TO ONE OR TAKING ANYTHING IN TERMS OF
00:33:02LOGIC LOGICAL FALLACY MEANS THAT WHILE IT MAY LOOK LEGIT ON THE
00:33:05SURFACE, WHEN YOU START OPINING, WHEN YOU START DISSECTING THE
00:33:09UNDERPINNING LOGIC, IT REALLY DOESN'T REALLY HOLD UP TO SCRUTINY.
00:33:12LOOK AT THE STATEMENT AGAIN. IF YOU'RE NOT DOING ANYTHING WRONG AND YOU HAVE NOTHING TO
00:33:16HIDE IS REALLY JUST A WAY OF
00:33:16SAYING ALL SECRETS ARE BAD.
00:33:22ALL SECRETS ARE SIMPLE, ALL
00:33:24SECRETS ARE NEFARIOUS, RIGHT? THAT ONLY BAD PEOPLE KEEP
00:33:28SECRETS. AND SO OBVIOUSLY, IF YOU HAVE A SECRET, THEN THERE'S SOMETHING WRONG.
00:33:32AND IS A BAD OR AN EVIL OR A SIN THAT NEEDS TO BE UNCOVERED. IS THAT TRUE?
00:33:35NO, NOT ALL SECRETS ARE BAD, AND NOT ALL SECRETS ARE BAD AT ALL. THERE'S A LOT THAT'S GOING ON.
00:33:39SECRETS ARE ABSOLUTELY NECESSARY TO NAVIGATING MODERN SOCIETY.
00:33:42NOW, THE LAW, FOR STARTERS, GIVES YOU SOME BASIC ONES.
00:33:46DOCTOR. LAWYER. I'M SORRY, DOCTOR PATIENT CONFIDENTIALITY.
00:33:50ATTORNEY CLIENT PRIVILEGE. THESE ARE TWO THINGS THAT OUR SOCIETY ACTUALLY GIVES LEGAL
00:33:54PROTECTIONS BEHIND THOSE SECRETS BECAUSE IT'S A REALLY, REALLY GOOD THING FOR PUBLIC HEALTH. IF YOU'RE HONEST ABOUT YOUR
00:33:59DOCTOR, YOUR DOCTOR, I PROMISE YOU, LIKE IF THEY'RE DOCTORS,
00:34:02LIKE YOU DO DRUGS AND YOU SHOULD BE DON'T LIE TO YOUR DOCTOR. HE OR SHE IS TRYING TO HELP YOU
00:34:06OUT. IT'S THE SAME THING WITH YOUR LAWYER. THEY'RE TRYING TO WORK THINGS OUT. THEY NEED TO CREATE A SPACE
00:34:10LEGALLY WHERE YOU CAN BE HONEST AND OPEN. SO ONE, YOU GET BETTER TREATMENT
00:34:14AND THEN THE PUBLIC AT LARGE ENDS UP GETTING BETTER TREATMENT. BUT THAT'S KIND OF EASY.
00:34:17LOW HANGING FRUIT, DOCTORS, LAWYERS. BUT THERE'S A LOT OF OTHER THINGS.
00:34:20IF WE ARE GOING TO CALL OUR RIGHT, THEIR PRIVACY, OUR DESIRE FOR PRIVACY, THE ABILITY TO
00:34:24LIMIT ACCESS TO YOUR PERSONAL INFORMATION, WE LIMITING ACCESS
00:34:28TO YOUR PERSONAL INFORMATION ALLOWS YOU TO PROTECT YOUR
00:34:31REPUTATION AND ALLOWS YOU TO SHAPE HOW YOU'RE PERCEIVED BY OTHERS AND SECRETS ARE
00:34:35ABSOLUTELY A NECESSARY PART OF NAVIGATING MODERN SOCIETY.
00:34:38JOB APPLICATIONS AND CAREER MOVES. A LOT OF TIMES PEOPLE APPLY FOR
00:34:41JOBS BEFORE THEY'RE READY TO LEAVE. THE OTHER ONE THAT THEY'RE AT, AND IF SOMEONE GETS FOUND OUT IN THE MIDDLE OF THAT, IT CAN
00:34:45CREATE A VERY NON-STRATEGIC, DESTRUCTIVE ELEMENT FOR YOU.
00:34:49FINANCIAL INFORMATION AND CREDIT INFORMATION RELATIONSHIP
00:34:52STRUGGLES, PERSONAL, COMPLEX POLITICAL AND RELIGIOUS BELIEFS AND CERTAIN CONTACTS.
00:34:55PERSONAL HEALTH CONCERNS THAT AREN'T CRIMINAL OR STIGMATIZE CREATIVE WORK, EARLY IDEAS,
00:35:00INTELLECTUAL PROPERTY IN PROGRESS. WRITERS, ARTISTS.
00:35:03INNOVATORS IN AMERICAN BUSINESS. BEING ABLE TO KEEP SOMETHING SECRET BEFORE THEY BRING IT TO
00:35:07MARKET. SECRETS ARE ABSOLUTELY A WONDERFUL THING. ARE THERE BAD SECRETS?
00:35:11OF COURSE THERE ARE. EITHER ADULTERERS AND DRUG DEALERS AND PEOPLE WHO LIE IN A
00:35:15WAY THAT HURTS OTHER PEOPLE AND IS DETRIMENTAL TO OUR SOCIETY.
00:35:18OF COURSE THERE ARE, BUT A LOT OF THE SECRETS THAT WE HAVE
00:35:22AREN'T NECESSARILY THAT SECRETS ALSO CREATE SPACE FOR INTIMACY. THINK ABOUT THE BEST FIRST DATE
00:35:26YOU'VE EVER BEEN ON YOUR ENTIRE LIFE. YOU MEET SOMEONE, YOU'RE LOOKING
00:35:29AT THEM, THEY'RE LOOKING AT YOU, YOU START CONNECTING. AND ONE OF THE FIRST THINGS YOU
00:35:31MIGHT DO IS GIVE A PIECE OF PERSONAL INFORMATION, RIGHT?
00:35:35AND IF THEY MAYBE GIVE YOU A PIECE OF PERSONAL INFORMATION BACK, IT'S KIND OF CURRENCY. IT ESTABLISHES BONDS AND
00:35:41INTIMACY. SAME THING YOU HAVE WITH FRIENDS AND FAMILY. THOSE BONDS, THAT INTIMACY, IT'S
00:35:45MAYBE THE BEST PART ABOUT BEING ALIVE. WAKE UP FROM A DEATH BED PERSPECTIVE WHEN YOU THINK ABOUT
00:35:48WHAT MATTERS, YOU'RE PROBABLY NOT GOING TO STAND THERE AND BE LIKE, THANK GOD I WAS ABLE TO GET ALL THAT STUFF RIGHT.
00:35:52LIKE, AT THE END OF THE DAY, IT'S GOING TO BE THOSE RELATIONSHIPS. THOSE INTIMACY IS RIGHT AND YOUR SECRETS ARE KIND OF THE BUILDING
00:35:56BLOCK OF THAT. NOW, I DON'T REALLY THINK MADISON'S TALKING ABOUT THIS,
00:35:59WHERE HE'S JUST LIKE, WELL, YOU KNOW, YOUR ABILITY TO SHAPE YOUR EVERYTHING. THEY CARED ABOUT THEIR
00:36:03REPUTATION, BUT THAT'S NOT REALLY WHAT ON THE FOUNDERS MIND. THAT'S WHAT'S NOT GOING ON IN THE FOURTH AMENDMENT.
00:36:06RAISE YOUR HAND IF YOU EVER HAD GEORGE ORWELL, THE NATION OF
00:36:11OCEANA, IF YOU REMEMBER, IS A SPRAWLING SUPERPOWER. IT'S KNOWN THROUGHOUT THE WORLD
00:36:15FOR ITS ADVANCED TECHNOLOGY. WITHIN ITS BORDERS, IS A VAST
00:36:18NETWORK OF TELLY SCREENS. THESE ARE SUPER FLATS TABLETS. THEY WORK LIKE DOUBLE MIRRORS
00:36:22INSTALLED IN EVERY HOME AND ON EVERY STREET TO RECORD THE MOVEMENTS AND THE INTERACTIONS
00:36:25OF ALL THE CITIZENS. NOTHING ESCAPES THE EYES OF THE SCREENS.
00:36:28THE GOVERNMENT HAD A MINISTRY OF PEACE AND THEY PROMISED THAT THE SCREENS WERE THERE. WHY?
00:36:32WELL, FOR SAFETY, OBVIOUSLY. RIGHT. TO KEEP YOU SAFE, TO PREVENT BAD
00:36:36THINGS FROM HAPPENING. BUT AS TIME PASSED, ANYONE WHO CRITICIZED THE GOVERNMENT
00:36:39DECISION OR WHISPERED ABOUT THE POSSIBILITY OF POLITICAL CHANGE
00:36:42IS EITHER ARRESTED OR MYSTERIOUSLY DISAPPEARS.
00:36:44NOW, THE TRUE POWER THAT ALWAYS SCREENS ISN'T NECESSARILY IN
00:36:47WHAT THEY SEE, BUT IN THE KNOWLEDGE THAT THEY WERE THERE,
00:36:50THAT THEY WERE ALWAYS WATCHING THE LIVELY DISCUSSIONS IN CAFES AND BARS AND MARKETS THAT
00:36:55DWINDLES AND EVENTUALLY GROWS SILENT. PASSIONATE DEBATES OVER DINNER TABLES CEASES.
00:36:58AND IN THE CITY, EVERY EVENING IS FILLED WITH PEOPLE WHO HAD NOTHING NEW TO SAY, REALIZING
00:37:02THAT THEIR INNERMOST THOUGHTS COULD BE TURNED AGAINST THEM. THE CITIZENS OF OCEANA START
00:37:06GUARDING THEIR MINDS AND SUPPRESS ANY IDEA THAT MIGHT BE SEEN AS DISSENT.
00:37:10AND THIS CONSTANT SURVEILLANCE LEADS TO A CULTURE OF
00:37:12SELF-CENSORSHIP WHERE PEOPLE ARE AFRAID TO KIND OF VOICE THEIR
00:37:16OPINIONS OR TO ASSEMBLE FOR ANY REAL CAUSE.
00:37:18THIS IS THE WISDOM OF GEORGE ORWELL'S 1984.
00:37:21IT'S WHY EVERY DEMOCRACY IN THE WORLD HAS LAWS ON THE BOOKS TO
00:37:24PROTECT CITIZENS FROM OVERLY
00:37:26INVASIVE GOVERNMENT SNOOPING. OUR STRONGEST BULWARK AGAINST
00:37:29THAT IS THE FOURTH AMENDMENT. THAT'S THE SHIELD. THAT'S THE PROTECTION THAT OUR
00:37:33FOUNDERS ESTABLISHED TO PROTECT THIS KIND OF LIBERTY.
00:37:36BECAUSE THE BOOK IS FICTIONAL. IT WAS WRITTEN IN 1948, PUBLISHED IN 1949.
00:37:39BUT BIG BROTHER IS NOT FICTIONAL. BIG BROTHER IS VERY REAL.
00:37:43AND THE TECHNOLOGY THAT ROBERT WAS TALKING ABOUT DIDN'T EXIST AT THE TIME, BUT IT ABSOLUTELY
00:37:47DOES NOW. THE WORD SURVEILLANCE IS GOVERNMENT SURVEILLANCE.
00:37:50IT'S BINARY IN NATURE. NO BINARY MEANS. IT MEANS TWO THINGS AT ONCE. THAT IS ONE OF THE HALLMARKS OF
00:37:54THE INTELLIGENCE TO BE ABLE TO HOLD TWO CONTRADICTORY IDEAS IN
00:37:57YOUR HEAD AT THE SAME TIME AND NAVIGATE THEM.
00:38:01THINK OF THIS AS A DOUBLE EDGED SWORD ON ONE SENSE SURVEILLANCE
00:38:03TO SURVEIL OUR GOVERNMENT WATCHES US TO KEEP US SAFE.
00:38:07AND THAT'S NOT UNLIKE HOW PARENTS WATCH OVER THEIR CHILDREN AND MAKE A MISTAKE.
00:38:11WE NEED TO BE WATCHED TO BE KEPT SAFE BECAUSE WE HAVE VERY REAL ENEMIES.
00:38:15AGAIN, FOREIGN AND DOMESTIC. WHETHER VIOLENT CRIME OR TERRORISM OR THE FULL SPECTRUM
00:38:19OF HARM THAT CAN COME TO US AND THE ONES THAT WE LOVE AND THE NEED FOR CRIMINAL JUSTICE.
00:38:23GOVERNMENTS SURVEILLANCE ABSOLUTELY HELP SAVE AMERICAN LIVES.
00:38:27WE ARE GOING FOR IT'S NOT LIKE ON TV YOU HAVE A SHOOTING AT NIGHT. THERE'S NO ONE AROUND.
00:38:31THERE'S A BODY ON THE FLOOR. THERE'S A CAR THAT DROVE AWAY. NO WITNESSES.
00:38:34AND YOU HAVE TO TELL THAT PERSON'S FAMILIES ARE NO WITNESSES. I GOT NOTHING.
00:38:37OR IS THERE A CCTV CAMERA ON THE STREET THAT MAYBE GOT A LICENSE
00:38:40PLATE THAT GIVES YOU ALL WE KNOW HOW THESE THINGS TO HAPPEN, RIGHT? IT'S A VERY REAL THING, VERY
00:38:43REAL, ACTIONABLE REALITY. AND THESE THINGS ARE THERE.
00:38:46AND AGAIN, I'M SAYING THIS IS A FOURTH AMENDMENT SCHOLAR. AS A WORKING PRIVACY PROFESSIONAL, NOT ALL GOVERNMENT
00:38:50SURVEILLANCE IS EVIL AND IT ABSOLUTELY HELPS SAVES LIVES.
00:38:52BUT LIKE PARENTS, GOVERNMENTS ALSO WATCH US TO ENFORCE THEIR
00:38:56RULES AND TO MAINTAIN THEIR AUTHORITY. AND SO SORT OF GOVERNMENT
00:39:00SURVEILLANCE IS ABOUT TWO THINGS. IT'S ABOUT PROTECTION, BUT IT'S ABSOLUTE WHAT WE ALSO ABOUT POWER.
00:39:04THERE ARE TWO KINDS OF SURVEILLANCE OVER SURVEILLANCE
00:39:07AND COVERT SURVEILLANCE, OVERT SURVEILLANCE IS THE EYES THAT WE
00:39:10CAN SEE.
00:39:20WHEN PEOPLE KNOW THEY'RE BEING WATCHED. IT CREATES WITH PSYCHOLOGY IS CALLED A CHILLING EFFECT.
00:39:24INDIVIDUALS TOO OFTEN FEEL AS THOUGH THEY CAN'T ACT FREELY AS THEY MIGHT UNDER NORMAL
00:39:27CIRCUMSTANCES, WHICH CAN NEGATIVELY IMPACT THEIR SENSE OF
00:39:30WELL-BEING, THEIR CREATIVITY AND THEIR INDIVIDUALITY.
00:39:34LOOK, ANOTHER WAY OF NONACADEMIC. WE SAYING IT IS KIND OF LIKE
00:39:36BEING WATCHED ALL THE TIME WHEN YOU KNOW YOU'RE BEING WATCHED
00:39:39WILL BLUNT YOUR SHARP EDGES. IT FOSTERS MONOTONY, IT FOSTERS
00:39:43CONFORMITY, AND IT HAS NOTHING TO DO NECESSARILY, NOTHING TO DO.
00:39:46BUT IT DOESN'T ALWAYS HAVE TO DO WITH POWER. DO YOU GUYS DRIVE ON THE
00:39:50INTERSTATE AND JUST ROCK OUT? DO I JUST TURN UP A MUSIC AND
00:39:53JUST LIKE YOU ARE BLASTING HILARIOUSLY SO, LIKE YOUR
00:39:56FAVORITE SONG NOW, IF YOU STOP AT A RED, WHITE AND SOMEONE
00:39:58PULLS THE NEXT TO YOU TO TURN IT ON A LITTLE BIT, KIND OF QUIET.
00:40:01SO CAN YOU SEE A LITTLE BIT WHY CAN YOU JUST LET YOUR FLAG FLY? RIGHT?
00:40:05WE JUST GET OUT THERE, RIGHT? YOU KNOW, THE MUSIC'S IN YOUR HEART. LIFE IS SHORT.
00:40:08SING, SING WITH PASSION, WITH VIGOR. DRUM DEEP FROM THE CUP OF LIFE.
00:40:11NO, BECAUSE IT'S WEIRD, RIGHT? AND EVERYONE ELSE IS GOING TO THINK IT'S WEIRD TO. AND IS IT WEIRD?
00:40:15WELL, WHAT'S WEIRD? WHATEVER WAS SOCIALLY CONDITIONED TO BE WEIRD. BUT YOU SHOULDN'T BE ASHAMED OF
00:40:18THE FACT THAT YOU FIND THAT. NO, NOW I'M GOING TO KEEP IT WHEN BEING WATCHED.
00:40:22TAKE A PSYCHOLOGY CLASS WHEN PEOPLE KNOW THEY'RE BEING WATCHED. THERE'S SOMETHING CALLED THE
00:40:26HAWTHORNE EFFECT. THERE'S A LOT OF DIFFERENT WORDS FOR IT. WHEN PEOPLE IN EXPERIMENTS KNOW THEY'RE BEING WATCHED, THEY
00:40:29CHANGE THEIR BEHAVIOR. YOU WHEN YOU UNDERSTAND YOU'RE BEING FILMED, IF YOU'RE GIVING A
00:40:33LECTURE, RIGHT, LIKE OBVIOUSLY THERE'S SOMETHING THAT CONSTANTLY RIGHT NOW AS I'M BEING FILMED, THAT I'M
00:40:37EXPERIENCING OR THAT I'M FEELING. AND I'M WONDERING IF THIS IS THE TRUEST REPRESENTATION OF MYSELF AND WHAT ARE THE RIGHT BUT LIKE
00:40:41IT'S THEIR RIGHT AND IT FOSTERS A CERTAIN DEGREE OF MONOTONY.
00:40:44AND THIS IS HOW IT'S OUR INDIVIDUALISM AND THIS IS A PROBLEM FOR AMERICANS BECAUSE
00:40:47INDIVIDUALISM IS A BIG PART OF WHO WE ARE BECAUSE A CULTURE, YOU KNOW, AND WHETHER YOU'RE
00:40:51LIBERAL OR CONSERVATIVE, RED TEAM, BLUE TEAM, EXTREME MODERATE IN THE MIDDLE, IT'S BEEN LIKE THIS FOR HUNDREDS OF
00:40:55YEARS. PART OF NATIONAL CULTURES HAVE DIFFERENT KIND OF ASPECTS AND US
00:40:58BEING INDIVIDUALISTIC IS, YOU KNOW, AT ONCE OUR GREATEST
00:41:01STRENGTH AND MAYBE OUR GREATEST WEAKNESS. BUT IT IS ONE OF THE REASONS WHY
00:41:04WE'RE SUCH A POWERHOUSE OF A NATION. IT'S A BIG PART OF OUR NATURAL CULTURE.
00:41:08WE ARE INDIVIDUALS. WE BELIEVE IN INDIVIDUAL RIGHTS.
00:41:10AND WHEN TAKEN TO FOR OVERT SURVEILLANCE, CAN KILL
00:41:14INDIVIDUALISM, FREE EXPRESSION AND UNDERMINE THE INTEGRITY OF OUR DEMOCRATIC INSTITUTIONS.
00:41:18IT MAKES PEOPLE LESS WILLING TO PARTICIPATE IN POLITICAL MOVEMENTS THAT PUSH AGAINST THE
00:41:22STATUS QUO BY INSTILLING A SENSE OF FEAR THAT THEY MIGHT BE
00:41:24PENALIZED OR EVEN ARRESTED FOR ACTING IN A WAY THAT THE POWERFUL FIND VERY THREATENING.
00:41:28AND AGAIN, THIS IS TRUE FOR LIBERALS, AS IT IS FOR CONSERVATIVES, GREAT LIBERAL AND
00:41:32CONSERVATIVE MOVEMENTS, BOTH USUALLY STARTED AS NASCENT
00:41:36TERMS, AS OUTSIDERS, AS THINGS THAT PEOPLE WERE CRITICIZING. AND THEN AS THEY DEVELOP TIME
00:41:40AND POPULARITY AND WERE ABLE TO GERMINATE AND GROW, THEY WERE ABLE TO THEN THRIVE AND BECOME
00:41:43AN ACTIVE PART OF THE FULL SPECTRUM OF WHAT IS OUR AMERICAN CONVERSATION AND THE DEBATES
00:41:47THAT OUR POLITICIANS HAVE IN OUR SOCIETY HAVE.
00:41:49AND OUR CULTURE HAS THOSE THINGS
00:41:53NEED INDIVIDUALISM AND A KIND OF
00:41:55FREEDOM FROM OVERT SCHILLING IN ORDER TO THRIVE.
00:41:58IT ALSO INHIBITS THE RIGHT OF FREEDOM TO ASSEMBLE. YOU HAVE GUARANTEED IN THE FIRST
00:42:01AMENDMENT, AND THIS ISN'T SOME PROFESSIONAL TOWER, IVORY TOWER, ACADEMIC THEORY.
00:42:05WE SEE THIS ALL OVER THE WORLD FROM SURVEILLANCE SOCIETIES.
00:42:08WE SEE IT OVER AND OVER AGAIN FROM NATIONS RIGHT NOW ON PLANET
00:42:11EARTH THAT DON'T HAVE STRONG PROTECTIONS AGAINST
00:42:14SURVEILLANCE, DON'T HAVE STRONG PROTECTIONS FOR AMERICAN CONCEPTIONS OF LIBERTY AND
00:42:18PRIVACY. YOU STEP OUT OF LINE POLITICALLY IN A LOT OF PLACES.
00:42:20YOU GET ARRESTED, JUST LIKE OUR FOUNDERS DID WHEN THEY WERE PROTESTING THE ENGLISH PRIOR TO
00:42:24OUR REVOLUTION. COVERT SURVEILLANCE IS THE EYES THAT WE CAN'T SEE.
00:42:27AND WHEN PEOPLE DON'T KNOW THEY'RE BEING WATCHED, THE POTENTIAL FOR OUR GOVERNMENT TO
00:42:30SUPPRESS DISSENT AND NEUTRALIZE POLITICAL OPPOSITION IS NEARLY
00:42:34LIMITLESS. THANKFULLY, WE DO HAVE A CRYSTAL BALL.
00:42:37THE ORWELLIAN IMAGES OF HIGH TECH GOVERNMENT ACTORS WATCHING OUR EVERY MOVE.
00:42:41THAT'S NO LONGER THE STUFF OF FICTION.
00:42:43WE CAN SEE PRETTY CLEARLY WHAT THE FUTURE IS GOING TO LOOK LIKE
00:42:46IF THESE PRACTICES ARE LEFT UNCHECKED. WHEN YOU LOOK AT THE
00:42:50SURVEILLANCE SOCIETIES THAT EXIST RIGHT NOW IN OUR PLANET, WHICH DON'T HAVE THE KINDS OF
00:42:53FOURTH AMENDMENT PROTECTIONS THAT WE HAVE, WE SEE A LOT OF TROUBLING THINGS IF YOU'RE
00:42:57UNHAMPERED BY THINGS LIKE CONSTITUTIONS OR PRIVACY LAWS, SOME GOVERNMENTS CAN USE AI
00:43:01POWERED FACIAL RECOGNITION TECHNOLOGY, INTERNET CENSORSHIP,
00:43:04SOCIAL CREDIT SCORES, DATA MINING TO MONITOR THE ACTIVITIES
00:43:07OF ALMOST EVERY CITIZEN FROM THEIR ONLINE BEHAVIOR TO PHONE
00:43:10CALLS TO PHYSICAL MOVEMENTS. AND THIS SURVEILLANCE IT TARGETS
00:43:13AND PUNISHES INDIVIDUALS WHO EXPRESS POLITICAL DISSENT OR
00:43:16ENGAGE IN ACTIVITIES THAT ARE DEEMED TO INDIVIDUALISTIC OR
00:43:19DISLOYAL TO THE GOVERNMENT.
00:43:21THE CHILLING EFFECT ON POLITICAL EXPRESSION AND POLITICAL
00:43:25OPPOSITION HAS BEEN DEVASTATING IN A LOT OF PLACES, AND IT
00:43:28FURTHER ERODE CIVIL LIBERTIES AND HUMAN RIGHTS IN A LOT OF
00:43:32ANCIENT AND BEAUTIFUL SOCIETIES,
00:43:36DISAVOW. LET'S THINK ABOUT THE INTERNET. THINK ABOUT WHAT YOUR PHONE DOES, SHOPPING HABITS, BROWSER
00:43:40HISTORIES, HOW MUCH TIME YOU SPEND PLAYING VIDEO GAMES, WHETHER EATING, DRINKING, HOW MUCH YOU'RE SMOKING, WHAT YOU'RE
00:43:45EATING, WHO YOU'RE DRINKING AND SMOKING WITH. IT'S NOT JUST STRAIGHT TO JAIL.
00:43:48AND AGAIN, IT'S NOT LIKE ORWELL. YOU JUST GET DISAPPEARED.
00:43:50IT'S THINGS LIKE STEP OUT OF LINE AND SUDDENLY YOUR DEBIT
00:43:54CARDS DON'T WORK FOR A WEEK. WE'LL SEE HOW YOU LIKE THAT AND FALL IN LINE. YOUR INTERNET GETS THROTTLED FOR
00:43:58A MONTH. MAYBE YOUR KIDS SUDDENLY GET DISQUALIFIED FROM CERTAIN SCHOOLS OR JOBS.
00:44:01AN ALERT WILL POP UP IN THE TAXI. YOU JUST GOT INTO TELLING THE
00:44:04DRIVER THAT THEY'RE NOT ALLOWED TO TAKE YOU PAST A CERTAIN DISTANCE BECAUSE YOUR TRAVEL HAS
00:44:07BEEN RESTRICTED IN SOME CASES. I SWEAR I HAVE TO LOOK IT UP.
00:44:11THEY'LL TAKE AWAY YOUR DOG. UM, THERE WAS LIKE, ARE THE
00:44:15FICTION IS ABSOLUTELY REALITY.
00:44:19THE TECHNOLOGY IS HERE. THE STRUCTURES ARE IN PLACE IF USED IMPROPERLY BY AN AMBITIOUS
00:44:23TYRANT, THAT PERSON WOULD BE ABLE TO MANIPULATE AND UNDERMINE
00:44:25THE FUNDAMENTAL PRINCIPLES OF OUR REPUBLIC. WE'RE A NATION THAT RELIES ON
00:44:29THE FREE FLOW OF INFORMATION AND THE ABILITY OF INDIVIDUALS TO
00:44:31MAKE INFORMED DECISIONS AND IF YOU IMITATE THAT, WE'RE DONE FOR
00:44:34OUR LAWS, OUR VOTES, OUR COLLECTIVE VIGILANCE ARE THE ONLY THING STANDING BETWEEN US
00:44:38AND AN AUTOCRATIC FUTURE. IT IS VERY MUCH THE INTENTION OF
00:44:42THE FOUNDERS THAT AMERICANS WATCHED THE PEOPLE WHO ARE
00:44:46WATCHING US WITH UNWAVERING PERSISTENCE.
00:44:48THIS IS ABSOLUTELY THE SPIRIT OF OUR CONSTITUTION AND THE SPIRIT
00:44:52BEHIND OUR FOURTH AMENDMENT. WHAT YOU WILL WANT TO AVOID IS
00:44:56THIS THINKING THAT DEALS IN FALSE TRADE OFFS.
00:45:00ANYONE WHO STARTS SPEAKING IN ZERO SUM TERMS, WELL, YOU CAN HAVE PRIVACY OR YOU CAN HAVE
00:45:03SAFETY, BUT YOU CAN'T HAVE BOTH. NOW, THAT'S NOT TRUE.
00:45:05WELL, YOU CAN HAVE CCTVS OR YOU CAN HAVE CRIMINALS RUN FREE, PICK WHICH ONE YOU WANT.
00:45:09THAT'S NOT REALLY TRUE. THERE ARE A LOT OF THIRD PATHS THAT PEOPLE WERE ABLE TO
00:45:13NAVIGATE, ESPECIALLY WITH MODERN TECHNOLOGY WHERE YOU CAN DEMAND AS AN AMERICAN YOUR RIGHT TO PRIVACY AND LIBERTY.
00:45:18WHILE ALSO DEMANDING THAT YOUR LEADERS KEEP YOU SAFE FROM HARM
00:45:22AND ANYONE EVER HEARD OF SHOTSPOTTER TECHNOLOGY IS A GOOD EXAMPLE OF THAT.
00:45:25SO CCTV CAMERAS CAN BE ON ALL THE TIME WATCHING PEOPLE IN WAYS
00:45:29THAT ARE OBJECTIONABLE. ALSO CATCH CRIMES OR THEY CAN BE
00:45:32OFF AND THEN THERE'S NO WATCHING. THERE IS A THIRD PATH. THEY HAVE THEM DOWN IN
00:45:36MONTGOMERY. THEY HAVE AND A LOT OF OTHER PLACES. THEY'LL ATTACH MICROPHONES TO THE END OF CCTV CAMERAS, THOSE
00:45:41MICROPHONES WILL BE SPECIALLY TAILORED TO PICK UP THE FREQUENCY OF GUNSHOTS.
00:45:44SO WHAT HAPPENS IS THE CAMERAS OFF AND THEN IF GUNSHOTS
00:45:47REGISTER ON THE MICROPHONE, THE CAMERA SWITCHES ON, YOU GET IT.
00:45:50OR IF A CRIME HAS BEEN RECORDED IN A CERTAIN AREA, SOMEONE CALLS 911.
00:45:53HEY, I SAW THIS. I SAW SOMEONE BEING ATTACKED. YOU KNOW, I SAW SOMEONE BEING TACKLED TO THE GROUND.
00:45:57AND IMMEDIATELY THEN YOU CAN SWITCH ON THE CAMERAS. GIVEN A CERTAIN AREA, YOU SEE
00:46:00HOW THAT IS THREADING A NEEDLE WHERE YOU CAN HAVE THE BENEFITS. BUT THESE THINGS, WHILE ALSO NOT JUST DEALING WITH, YOU KNOW,
00:46:04CAMERAS BEING ON ALL THE TIME IN SOME ORWELLIAN SENSE.
00:46:07THIS IS JUST ONE EXAMPLE OF A THOUSAND OF THINGS THAT PRIVACY PROFESSIONALS DO.
00:46:11WHAT PRIVACY LAW TRIES TO DEAL
00:46:13WITH ZERO SUM THINKING PEOPLE WHO TALK TO THAT ARE USUALLY
00:46:16LYING OR TRYING TO SELL YOU SOMETHING. YOU CAN EITHER HAVE PRIVACY OR YOU CAN HAVE NO, NO, YOU'RE AMERICANS.
00:46:21BE GREEDY. EXPECT YOUR CAKE AND HAVE IT TO YOU. ABSOLUTELY.
00:46:24GET TO HAVE LIBERTY AND PRIVACY AND ALL OF THE THINGS THAT YOU WERE GIVEN BY THE FOUNDING
00:46:28FATHERS THROUGH THE CONSTITUTION AND THE RIGHTS THAT THEY RECOGNIZE, WHILE AT THE SAME
00:46:31TIME EXPECTING ROBUST PUBLIC SAFETY MEASURES. WHAT WE NEED TO ASK LEADERS IS
00:46:36TO ENSURE THAT THEY'RE ABLE TO DO BOTH AT ONCE AND THAT THEY SHOULD COME UP WITH THIRD PATH
00:46:40AND THIRD SOLUTIONS. AND YOU CAN REMIND THEM THAT, YOU KNOW, IF THEY REALLY WENT AROUND FOR A LONG TIME
00:46:43CONVINCING PEOPLE THAT THEY SHOULD BE IN CHARGE BEFORE THEY GOT ELECTED. AND SO IT'S NOT TOO HARD OF A
00:46:47TASK. ZERO SUM THINKING BINARY THINKING, NOT BINARY THING, ZERO
00:46:50SUM THINKING, BLACK AND WHITE, THINKING ABOUT THESE ISSUES. THAT'S UN-AMERICAN.
00:46:56ALL PRIVACY ALL THE TIME. NO, IT'S NOT REALISTIC. YOU KIDDING ME? WE'RE GOING TO GO LIVE IN A CAVE
00:47:00AND LIKE, I LIKE MY LAPTOP. I LIKE MY PHONE. I LIKE MY CREDIT CARDS. I DO THIS FOR A LIVING.
00:47:03I'M NOT GETTING RID OF MY DEVICES. AT THE SAME TIME, I'M ALSO NOT
00:47:06WEARING LIKE THE TINFOIL WITH THE THINK RIGHT ON MY HEAD.
00:47:09LIKE, THAT'S THAT'S NOT FEASIBLE IN THE 21ST CENTURY. OF COURSE YOU'RE GOING TO
00:47:13SACRIFICE CERTAIN PRIVACY. BUT THIS IDEA THAT YOU SACRIFICE
00:47:16ALL OF YOUR PRIVACY, ALL OF YOUR PROTECTIONS THAT COME IN THE FOURTH AMENDMENT AND THEN THE
00:47:19LARGER SPIRIT OF THE FOURTH AMENDMENT, SIMPLY BECAUSE YOU LIVE IN A WONDROUS TECHNOLOGICAL GOLDEN AGE.
00:47:23WELL, THAT'S NOT TRUE EITHER.
00:47:25THERE ARE THIRD PATHS AND THAT'S LARGELY THE CHALLENGE OF THE
00:47:2921ST CENTURY. HOW DO WE ENJOY THE BENEFITS OF THESE THINGS?
00:47:31THE INCREASED SAFETY, THE INCREASED CONVENIENCE, THE INCREASED INNOVATION, WHILE ALSO
00:47:36ENSURING THAT WE DON'T FALL AFOUL.
00:47:40OF THE SPIRIT OF THE FOURTH AMENDMENT AND WHAT OUR FOUNDERS
00:47:42INTENDED US TO HAVE.
00:47:46THE NEXT CLASS WE'RE DEALING WITH. CARPENTER VERSUS THE US.
00:47:49THIS IS A CLASS SPECIFICALLY THAT DEALS WITH CELL SITE LOCATION INFORMATION AND THE FACT THAT, YOU KNOW, LIKE YOUR
00:47:54PHONE IS ALWAYS PINGING. IT'S A TERM LIKE A CELL TOWER,
00:47:57AND THAT THOSE RECORDS JUST EXIST KIND OF IN PERPETUITY.
00:48:00AND I CAN I CAN'T. BUT LIKE, IF YOU HAD ACCESS TO
00:48:03IT, YOU CAN BACKTRACK. ANYWAY, WE'RE GOING TO TALK ABOUT WHETHER THAT'S LEGAL AND
00:48:06WHETHER THAT REQUIRES A WARRANT. CARPENTER IS A REALLY
00:48:08COMPLICATED CASE THAT DEALS WITH SOMETHING CALLED THIRD PARTY DOCTRINE, WHICH IS WHY I DIDN'T
00:48:12SET UP TIME FOR IT TODAY. BUT OTHERWISE WE'LL DEAL WITH THAT. YOU HAVE ASSIGNED READINGS.
00:48:15THANK YOU.
00:48:25WATCH AMERICA'S BOOK CLUB,
00:48:27C-SPAN'S BOLD ORIGINAL SERIES
00:48:29SUNDAY WITH OUR GUEST, NATIONAL
00:48:31JOURNALIST AND AUTHOR LOIS ROMANO.
00:48:34HER BESTSELLING BOOK ON MARY TODD LINCOLN, AN INCONVENIENT
00:48:38WIDOW REVEALS THE LIFE OF A FIRST LADY WHO NAVIGATED PERSONAL TURMOIL AND PUBLIC
00:48:43SCRUTINY DURING ONE OF THE MOST CONSEQUENTIAL MOMENTS IN U.S. HISTORY.
00:48:46LOIS ROMANO SERVED AS AN EDITOR
00:48:49COLUMNIST AND REPORTER FOR THE WASHINGTON POST AND POLITICO AND
00:48:52IS BEST KNOWN FOR HER IN-DEPTH
00:48:54COVERAGE OF AMERICAN POLITICAL CULTURE.
00:48:57SHE JOINS OUR HOST, RENOWNED AUTHOR AND CIVIC LEADER DAVID
00:49:00RUBENSTEIN AT THE HISTORIC FORD'S THEATER IN WASHINGTON, DC.
00:49:04FOR A LIVELY DISCUSSION ON THE LEGACY AND MISCONCEPTIONS ABOUT
00:49:07MARY TODD LINCOLN AND THE PRESIDENCY OF ABRAHAM LINCOLN.
00:49:10YOU DECIDED TO WRITE A BOOK ON
00:49:13MARY TODD LINCOLN, ABRAHAM LINCOLN'S ONLY WIFE.
00:49:17AND WHY DID YOU DECIDE TO WRITE A BOOK, AND WHAT WAS YOUR
00:49:21CONCERN ABOUT HER REPUTATION THAT LED YOU TO WRITE THIS BOOK,
00:49:24HER BIOGRAPHY WAS NOT WELL ROUNDED.
00:49:28THAT SHE WAS JUDGED BY SOME OF HER FLAWS, AND NO ONE SHOULD BE
00:49:31JUDGED BY ONLY HER FLAWS.
00:49:33AND FROM THE BEGINNING I FELT
00:49:36MUCH COMPASSION.
00:49:38AND BY THE END, I JUST FELT SO DEEPLY FOR HER.
00:49:42SHE, DURING THE COURSE OF HER LIFE, SHE LOST THREE CHILDREN
00:49:46BEFORE HER 18 AND HER HUSBAND WAS SHOT IN FRONT OF HER, AND
00:49:49SHE LOST HER MOTHER AT SIX. AND SHE WENT THROUGH A CIVIL
00:49:53WAR. AND HALF OF HER FAMILY ACTUALLY MORE THAN HALF OF HER FAMILY WAS
00:49:56FIGHTING FOR THE CONFEDERACY.
00:49:58AND SHE SHE RECEIVED NO SYMPATHY
00:50:02OR EMPATHY FROM ANYONE. WATCH AMERICA'S BOOK CLUB WITH
00:50:05LOIS ROMANO SUNDAY AT 6 P.M. AND
00:50:089 P.M. EASTERN AND PACIFIC, ONLY
00:50:10ON C-SPAN.
00:50:25C-SPAN IS AS UNBIASED AS YOU CAN GET.
00:50:28YOU ARE SO FAIR. I DON'T KNOW ANYBODY CAN SAY OTHERWISE.
00:50:32YOU GUYS DO THE MOST IMPORTANT WORK FOR EVERYONE IN THIS
00:50:36COUNTRY. I LOVE C-SPAN BECAUSE I GET TO HEAR ALL THE VOICES.
00:50:39YOU BRING THESE DIVERGENT VIEWPOINTS AND YOU PRESENT BOTH
00:50:43SIDES OF AN ISSUE AND YOU ALLOW PEOPLE TO MAKE UP THEIR OWN MINDS.
00:50:46ABSOLUTELY. LAST C-SPAN. I LOVE TO HEAR BOTH SIDES.
00:50:49I'VE WATCHED YOU SAY THAT EVERY MORNING. AND IT IS UNBIASED.
00:50:53AND YOU BRING IN FACTUAL
00:50:55INFORMATION FOR THE CALLERS TO UNDERSTAND
Data courtesy of The GDELT Project (gdeltproject.org), from the Internet Archive TV News Archive. Film strip and transcript are GDELT's, rehosted here under their terms of use, which permit it with this citation.