Journal of Environmental Law & Litigation : Vol. 22, no. 2 (Fall 2007)

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Journal of Environmental Law & Litigation : Vol. 22, No. 2, p. 231-266 : Fourth Amendment Privacy Rights at Sea and Systems: There's Something Fishy About This
(University of Oregon Law School, 2007) Crance, Jason R.; Mastry, Mike
In early 2007, Congress passed, and the President subsequently signed into law, the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006.23 Included in the reauthorization were several amendments to the Act.24 Among those amendments is a requirement that the government improve the sharing of VMS data among relevant state and federal agencies.25 While the government’s use of VMS to protect marine resources has been generally applauded, the constitutionality of such 24-hour surveillance deserves further scrutiny. This Article examines the real-life situation unfolding within the Gulf of Mexico’s reef fish fishery in order to highlight the privacy issues arising from the government’s 24-hour surveillance of commercial vessels. Part I takes a historical look at the evolution of Fourth Amendment jurisprudence as it relates to technological advances employed by governmental entities over the past century. Part II explores the constitutionality of the government’s 24-hour VMS surveillance by analyzing a not-so-hypothetical scenario in the Gulf of Mexico. Parts III and IV analyze the scenario presented in Part II and conclude that the government’s current VMS requirements may already infringe upon the constitutionally protected privacy rights of commercial fishers.

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