Hall says the speed of technological advances reminds him of the dissent written by Supreme Court Justice Louis Brandeis in the 1928 case Olmstead v. U.S.
There, the court ruled that wiretapping did not violate the Fourth Amendment because the phone line had been tapped without any actual physical trespass by the government. That case was later overruled, in 1967; but at the time Brandeis noted that the majority decision was troubling.
“More than 80 years ago, [Brandeis] said that at the time technology was moving faster than the Fourth Amendment,” Hall recalls.
“What Brandeis said in 1928 has come home to roost.”