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
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Date
2007
Authors
Crance, Jason R.
Mastry, Mike
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon Law School
Abstract
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.
Description
36 p.
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
Keywords
Citation
22 J. ENVTL. L. & LITIG. 231 (2007)