Limits of State Surveillance
Any surveillance of an individual by the state is unlawful without
court authorization and the knowledge of the party under
surveillance. A court can only authorize surveillance when probable
cause of existing or impending criminal activity can be demonstrated.
The party to be surveilled must be promptly allowed to appear in court
to protest. The state must not, through collusion with private parties
or foreign states, cause unauthorized surveillance. The state must not
engage in surveillance for purposes other than law enforcement and
No law can forbid a private individual, incorporated entity, or set
thereof, from taking measures which impede eavesdropping and
other third party surveillance, nor can any right, privilege, or
penalty, be prescribed or proscribed by law on that basis.
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