Since the NSA seems to have access to a substantial amount of web traffic, what if it used spare capacity for "deep packet inspection" technology to identify known child-pornography pictures and videos? Software would only flag the transfer if there were a 100 percent certainty of it being the exact same file. (Since this is a hypothetical, let's assume the technology exists and can be implemented.) Laws against child pornography are partially designed to dry up the market for child exploitation. This policy could greatly reduce child pornography, catch potential pedophiles, and reduce existing child exploitation. From a legal perspective, the courts have found that individuals have no reasonable expectation of privacy for contraband; therefore, if such a search only finds contraband then it may be on more solid legal territory. Should the government be able to use technologies like PRISM and related exposed programs to find child pornography?

2. Speed Limits: Many accidents are related to reckless driving, and speeding can make them significantly more dangerous and deadly. What if instead of enforcing speed limits by stationing police officers to patrol our streets, a relatively ineffective and costly method of enforcement, the government instead monitored the speed of all cars in real time using cellphones. If NSA data on phone location were analyzed in real time, it could potentially determine the speed of any user. All phones traveling below 20 mph would be excluded on the assumption that they're not driving. All phones traveling faster than 20 mph would be plotted to discern what road they are traveling on and what the speed limit is for that road.

The government could then identify drivers who were speeding and send them tickets in the mail, text them to slow down (then ticket them for opening it while driving!), or dispatch an officer to catch them. Further data analysis could identify potential drunk driving for police investigation, based upon erratic driving patterns or when phones were at known bars for several hours before being in a vehicle. Such policies could potentially save tens of thousands of lives and increase revenues from speeding fines while reducing the costs of patrolling the road. Should the government be able to use technologies like PRISM and related exposed programs to make our roads safer?

3. Illegal Downloading: Millions of Americans have used BitTorrent or other technologies to illegally download music, movies, TV shows, and software. While torrents can be used to download non-copyrighted and copyrighted digital goods, a substantial amount (one study found 89 percent) of the traffic appears to be used for illegal downloading. NSA PRISM level surveillance could be of use in identifying which users are using BitTorrent, then identifying the users who have uploaded or downloaded the most, and identifying whether their downloads involved illegal content. (Again, let's assume the technology is available.) This information could be forwarded to the Department of Justice for prosecution (or more crafty lobbyists could get the information forwarded to a private entity like the RIAA or MPAA for lawsuits). Should the government be able to use technologies like PRISM and related exposed programs to protect copyright holders?

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If the barometer for violating the Fourth Amendment is efficacy, then why should these not also be up for discussion? The answer is clear: The Fourth Amendment was not designed for efficacy. It was designed for privacy and to defend our liberty. If that's not the case, why even stop with these examples? Most of our phones have cameras and microphones that, at least in some circumstances, can be turned on remotely that would surely provide invaluable information for intelligence and law enforcement (the FBI has used this for organized crime prosecution, remotely turning on the microphone of phones to record non phone-call conversations).