Constitution 3.0: Freedom and Technological Change

by Jeffrey Rosen, Benjamin Wittes

Overview

"At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change.

Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world.

The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre Dame Law School; Jeffrey Rosen, George Washington University Law School; Benjamin Wittes, Brookings Institution; Tim Wu, Columbia Law School; and Jonathan Zittrain, Harvard Law School.

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Product Details

ISBN-13:	9780815724506
Publisher:	Rowman & Littlefield Publishers, Inc.
Publication date:	03/21/2013
Edition description:	New Edition
Pages:	284
Product dimensions:	5.90(w) x 8.90(h) x 0.70(d)

About the Author

"Jeffrey Rosen is a professor of law at the George Washington University Law School, the legal affairs editor of The New Republic, and a nonresident senior fellow at Brookings. His books include The Unwanted Gaze, The Naked Crowd, and The Supreme Court.Benjamin Wittes is a senior fellow in Governance Studies at the Brookings Institution. He is the author of Law and the Long War and Detention and Denial."

Table of Contents

Acknowledgments vii

1 Introduction: Technological Change and the Constitutional Future Jeffrey Rosen 1

Part 1 The Future of Surveillance

2 Is the Fourth Amendment Relevant in a Technological Age? Christopher Slobogin 11

3 Use Restrictions and the Future of Surveillance Law Orin S. Kerr 37

4 Cyberthreat, Government Network Operations, and the Fourth Amendment Jack Goldsmith 47

Part 2 The Future of Free Expression and Privacy

5 The Deciders: Facebook, Google, and the Future of Privacy and Free Speech Jeffrey Rosen 69

6 Is Filtering Censorship? The Second Free Speech Tradition Tim Wu 83

7 A Mutual Aid Treaty for the Internet Jonathan Zittrain 100

Part 3 The Future of Neurolaw

8 Neuroscience and the Future of Personhood and Responsibility Stephen J. Morse 113

9 Cognitive Neuroscience and the Future of Punishment O. Carter Snead 130

Part 4 Genetic Engineering and the Future of Constitutional Personhood

10 Reproductive Rights and Reproductive Technology in 2030 John A. Robertson 155

11 The Problems and Possibilities of Modern Genetics: A Paradigm for Social, Ethical, and Political Analysis Eric Cohen Robert P. George 177

12 Endowed by Their Creator? The Future of Constitutional Personhood James Boyle 194

13 Innovation's Darker Future: Biosecurity, Technologies of Mass Empowerment, and the Constitution Benjamin Wittes 214

14 Epilogue: Translating and Transforming the Future Lawrence Lessig 243

Contributors 255

Index 261

What People are Saying About This

From the Publisher

"In this terrific new anthology, some of the country's most original constitutional thinkers set themselves to imagining a brave new world of 24 hour surveillance, Facebook snooping, neurological sentencing, biothreats, robots, and more. Each author tries to map these emerging technologies onto existing constitutional doctrine and reflect on how the current doctrine must stretch to accommodate, or risk failing us. This is a thrilling, terrifying account of technology that has come to define us, and a challenge to think in new ways about our most fundamental values." —Dahlia Lithwick, Slate senior editor

"In this thought-provoking collection of essays by a distinguished group of scholars,
Jeffrey Rosen and Ben Wittes take us on a magical journey to the Constitution's future,
posing hard questions about how to translate our commitments to freedom and equality to a technologically advanced world. This is a fascinating book that anyone interested in the problems of technological change should read." —Jack M. Balkin, Knight Professor of Constitutional
Law and the First Amendment, Yale Law School

" Constitution 3.0 is a remarkable and provocative book that tackles one of law —and society's —most important questions: How will new technologies intersecting all aspects of our lives affect our constitutional rights and our approach to a document written more than two centuries ago? In this invaluable contribution, Jeffrey Rosen and Benjamin
Wittes, two of the nation's sharpest legal thinkers, ask some of the nation's preeminent scholars to look to the future and predict how cutting-edge technologies will coexist with one of the world's oldest constitutions." —Jan Crawford, CBS News Chief Legal and Political
Correspondent, author, Supreme Conflict

Editorial Reviews

"In this terrific new anthology, some of the country's most original constitutional thinkers set themselves to imagining a brave new world of 24 hour surveillance, Facebook snooping, neurological sentencing, biothreats, robots, and more. Each author tries to map these emerging technologies onto existing constitutional doctrine and reflect on how the current doctrine must stretch to accommodate, or risk failing us. This is a thrilling, terrifying account of technology that has come to define us, and a challenge to think in new ways about our most fundamental values."—Dahlia Lithwick, Slate senior editor

"In this thought-provoking collection of essays by a distinguished group of scholars,
Jeffrey Rosen and Ben Wittes take us on a magical journey to the Constitution's future,
posing hard questions about how to translate our commitments to freedom and equality to a technologically advanced world. This is a fascinating book that anyone interested in the problems of technological change should read."—Jack M. Balkin, Knight Professor of Constitutional
Law and the First Amendment, Yale Law School

" Constitution 3.0 is a remarkable and provocative book that tackles one of law—and society's—most important questions: How will new technologies intersecting all aspects of our lives affect our constitutional rights and our approach to a document written more than two centuries ago? In this invaluable contribution, Jeffrey Rosen and Benjamin
Wittes, two of the nation's sharpest legal thinkers, ask some of the nation's preeminent scholars to look to the future and predict how cutting-edge technologies will coexist with one of the world's oldest constitutions."—Jan Crawford, CBS News Chief Legal and Political
Correspondent, author, Supreme Conflict

""An invaluable roadmap for responding to the challenge of adapting our constitutional values to future technological developments.""— POLITICO

From the Publisher