![]() ![]() The history of race and surveillance in the United States We conclude the paper with a series of proposals that lean either toward clear restrictions on the use of surveillance technologies in certain contexts, or greater accountability and oversight mechanisms, including audits, policy interventions, and more inclusive technical designs. We also discuss the role of federal agencies in addressing the purposes and uses of facial recognition and other monitoring tools under their jurisdiction, as well as increased training for state and local law enforcement agencies to prevent the unfair or inaccurate profiling of people of color. In this paper, we present the case for stronger federal privacy protections with proscriptive guardrails for the public and private sectors to mitigate the high risks that are associated with the development and procurement of surveillance technologies. ![]() Facial recognition and other surveillance technologies also enable more precise discrimination, especially as law enforcement agencies continue to make misinformed, predictive decisions around arrest and detainment that disproportionately impact marginalized populations. ![]() The series features voices from CAC President Elizabeth Wydra and Civil Rights Director David Gans, Raben Group Principal and former Deputy Assistant Attorney General for Legislative Affairs at the Department of Justice Elliot Williams, and Justice Reform Program Director at The Leadership Conference on Civil and Human Rights Sakira Cook.From the historical surveillance of civil rights leaders by the Federal Bureau of Investigation (FBI) to the current misuse of facial recognition technologies, surveillance patterns often reflect existing societal biases and build upon harmful and virtuous cycles. Inspired by CAC’s latest scholarship, “ We Do Not Want to be Hunted”: The Right To Be Secure and Our Constitutional Story of Race and Policing, this video series unpacks discriminatory policing and sets the stage for constitutional remedies. “Race, Policing, and the Constitution” is a three-part video series produced by the Constitutional Accountability Center to highlight the constitutional history behind the 4th and 14th Amendments, explicitly including efforts to protect Black Americans from police abuse and violence. Race, Policing, and the Constitution Video Series Read the full text of “ We Do Not Want to be Hunted”: The Right To Be Secure and Our Constitutional Story of Race and Policing below. It shows how the Fourteenth Amendment changed our understanding of the constitutional guarantee of the right to be secure from unreasonable searches and seizures and added to our foundational charter a prohibition on all forms of discriminatory policing. This Article corrects this omission by providing the first comprehensive account of the text, history, and original meaning of the Fourteenth Amendment’s limitations on policing. Both Supreme Court doctrine and the scholarly literature on the constitutional constraints on policing generally begin and end with the Fourth Amendment, ignoring the Fourteenth Amendment’s transformative guarantees designed to curtail police abuses and safeguard liberty, personal security, and equality for all regardless of race.
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