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Constitution 3.0: Freedom and Technological Change Hardcover – December 5, 2011

4.5 out of 5 stars 6 customer reviews

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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

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.


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Product Details

  • Hardcover: 271 pages
  • Publisher: Brookings Institution Press (December 5, 2011)
  • Language: English
  • ISBN-10: 0815722125
  • ISBN-13: 978-0815722120
  • Product Dimensions: 6.3 x 1.1 x 9 inches
  • Shipping Weight: 1.2 pounds (View shipping rates and policies)
  • Average Customer Review: 4.5 out of 5 stars  See all reviews (6 customer reviews)
  • Amazon Best Sellers Rank: #851,363 in Books (See Top 100 in Books)

Customer Reviews

Top Customer Reviews

Format: Hardcover
This edited volume brings together a team of authorities in Con Law that create thoughtful dilemmas most of us may encounter. Recommended to me by a University of Virginia adjunct Law Professor with 20yrs experience practicing before the 4th Circuit, I can say this volume is spot on in information and scholarly discourse. Packed with information, this is a book you'll want to highlight and underline for future reference. This is a 21st Century must read.

Everyone needs to be aware of the complete loss of privacy. Many fail to consider a horrendous (not horrific, because something can't be horrible and also terrific--they cancel each other out) crime and organic impairment as a cause--leaving the attacker without control or recourse. Functional Magnetic Resonance Imaging (fMRI) brain scans provide a complete investigation. Here neuro-law evidence will transform the legal system and negate notions of moral responsibility.

The 4th Amendment dilemma, historically covering physical searches, must also include virtual searches. However, the Supreme Court has yet to understand and appreciate this. While the law needs to regulate widespread collection of data, greater attention must be applied to use and disclosure with emphasis not only on how but what to regulate. Kerr mentions that future surveillance must include future use restrictions on what can be done with information collected. All of us are aware of the computer cop "13yo girl"--bald, beer gut, sagging tits, hairy legs that no woman would want to see in shorts--preying on and entrapping the low IQ, lonely loser, and one who takes your tax dollars for more jails, more punishment, while depriving you of good roads, safe bridges, and an educational system that attempts to educate.
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Format: Hardcover Verified Purchase
This series of essays discuss current and future technologies and how they might interact with the Constitution and laws, both state and federal. Some are current news, like law enforcement installing GPS tracking devices on cars without a warrant, and many are probable future issues.

Issues like cloning of humans, genetic engineering/tampering for gender selection or trait selection (like hair color, sexual orientation, physical abilities, or elimination/reduction of genetic diseases) and what it means to be human and have the rights associated with being human.

In many of the essays an author position can be gleaned but all of them make a good effort to present both sides of each issue, the possible social ramifications and concerns, and legal aspects of each topic.
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Format: Paperback
This contains a very informative series of articles speculating on the future of technology implications for constitutional law in the areas of IT, surveillance, genetics, and neurology. I think change will be slower than Rosen desires, a good thing. The epilogue by Lawrence Lessig points out that the future is difficult to define, emphasizing the speculative nature of the book. Privacy and individual personality are hard concepts to define so that legislation has so far been dependent on speculative and bad sociology.
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