ABSTRACT

Biometric technologies, thus, categorize individuals with a dangerous logic that cannot be viewed as “true” or ‘objective’. Once biometric identifiers are aggregated in databases, they can form the backbone to support all sorts of multidimensional surveillance systems. In addition, biometric surveillance not only identifies people, but also makes assessments based on identity. Law enforcement can be seen as the birthplace of biometrics. In 1965, President Lyndon Johnson gave a special message to Congress on Law Enforcement and the Administration of Justice. Law enforcement officials watched v. Karo pick up the can and then used it to monitor the ether’s location. Yet, as with other fundamental rights, the right to privacy is not absolute and the guarantee against unreasonable search and seizure only protects a ‘reasonable expectation’ of privacy, when balanced against the other societal interests, including law enforcement. The American approach remains rooted in traditional liberal notions of privacy, particularly trespass and the individual’s right to be let alone.