11 - Reconsidering Two US Constitutional Doctrines

Summary

Modern interactions between humans and robots challenge our conceptions of self, privacy, and society, stretching the capacities of legal regimes to preserve autonomy, intimacy, and democratic governance. Where should we look for normative and legal guidance? One possibility in the US context is the Fourth Amendment. Unfortunately, rules governing “standing” and the state agency requirement limit the Amendment’s potential to protect core norms in these rapidly evolving contexts. This chapter argues that the text, history, and philosophical lineage of the Fourth Amendment favor a broader understanding of who can bring Fourth Amendment challenges and whose conduct should be subject to Fourth Amendment regulation. This reading dramatically enhances the Amendment’s role in efforts to understand, regulate, and protect human–robot interactions.