Technologically-Assisted Physical Surveillance: The American Bar Association's Tentative Draft Standards

Abstract

As the name implies, the American Bar Association's Tentative Draft Standards Concerning Technologically-Assisted Physical Surveillance is a work in progress...Final approval by the ABA hierarchy is still some time away, so feedback could have an impact. Indeed, it is anticipated that the content of at least some of the standards will change prior to their submission to the House of Delegates...The work of the Task Force on Technology and Law Enforcement has persuasively demonstrated that some regulatory structure governing the use of physical surveillance technology is necessary. This work provides a model for future attempts to establish guidelines for other types of surveillance, and for search and seizure regulation generally.