Deputy Dean, Professor of Law and Walter Mander Teaching Scholar, The University of Chicago Law School
The author thanks Omri Ben-Shahar, Alison LaCroix, Jonathan Masur, Paul Ohm, KarlNicholas Peifer, Matt Tokson, Paul Schwartz, and my editors at The University of Chicago Law Review for helpful comments and suggestions on earlier drafts, as well as Katie Heinrichs for excellent research assistance, and the Morton C. Seeley Fund and Milton and Miriam Handler Foundation for research support.
Professor of Law and Walter Mander Teaching Scholar, The University of Chicago Law School
The author thanks Ronen Avraham, Howard Beales, Nevin Gewertz, Bernard Harcourt, Uri Itkin, Sarah Lawsky, Ronald Lee, Doug Lichtman, Tom Miles, Beth Milnikel, Jide Nzelibe, Adam Samaha, Max Schanzenbach, Paul Schwartz, David Weisbach, and Noah Zatz for their comments and suggestions, Levi Giovanetto for research assistance, and the Morton C. Seeley Fund and Visa, USA, Inc for generous research support. The author particularly thanks participants in The University of Chicago Law School’s Surveillance Symposium for their suggestions, as well as workshop participants at Northwestern and The University of Chicago.
Stephen C. O’Connell Professor of Law, University of Florida Fredric G. Levin College of Law
The author would like to thank participants in workshops at Stanford Law School and Florida Law School for their feedback on the content of this article, and Victoria Ianni for her research assistance. This paper is a version of a talk given at The University of Chicago Law School’s Surveillance Symposium, June 15–16, 2007.
Professor of Law, UC Berkeley School of Law, Director, Berkeley Center for Law and Technology
My work on this paper began while I was a Professor of Law at Brooklyn Law School, and it benefited there from the support of the Milton and Miriam Handler Foundation. It also received support from the Dean’s Research Fund at Brooklyn Law School as well as a summer research grant from Boalt Hall. Patricia Bellia, Jon Michaels, Chris Slobogin, Stephen Sugarman, and Frank Zimring offered helpful suggestions.
Judge, United States Court of Appeals for the Seventh Circuit; Senior Lecturer in Law, The University of Chicago
This is a revised draft of my talk at The University of Chicago Law School’s Surveillance Symposium, June 15–16, 2007. I draw heavily on my books Not a Suicide Pact: The Constitution in a Time of National Emergency ch 6 (Oxford 2006) and Countering Terrorism: Blurred Focus, Halting Steps ch 7 (Rowman & Littlefield 2007).
James Parker Hall Distinguished Service Professor of Law, The University of Chicago and Peter and Kirsten Bedford Senior Fellow, The Hoover Institution
Thomas P. Brown
Partner, O’Melveny & Myers
Both authors have consulted for Visa Inc. But our views on this subject are our own. We thank Chad Clamage, Stanford Law School, Class of 2008, and Ramtin Taheri, The University of Chicago Law School, Class of 2009, for their valuable research assistance on earlier drafts of the article.
Professor of Law, Georgetown University Law Center
Thanks to Susan Cohen, Oscar Gandy, Ian Kerr, David Phillips, Neil Richards, Rebecca Tushnet, participants in the Unblinking Workshop at UC Berkeley, and participants in The University of Chicago Law School’s Surveillance Symposium for their comments on an earlier version of this paper, to Kirstie Ball for sharing her work in progress on exposure as an organizing concept for surveillance, and to Amanda Kane and Christopher Klimmek for research assistance.
I thank A.J. Bellia, Susan Freiwald, Nicole Garnett, John Nagle, Ira Rubenstein, and Paul Schwartz for helpful comments and discussions, and research librarian Christopher O’Byrne for expert research assistance.