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11 - Reconsidering Two US Constitutional Doctrines

Fourth Amendment Standing and the State Agency Requirement in a World of Robots

from Part II - Human–Robot Interactions and Procedural Law

Published online by Cambridge University Press:  03 October 2024

Sabine Gless
Affiliation:
Universität Basel, Switzerland
Helena Whalen-Bridge
Affiliation:
National University of Singapore
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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.

Type
Chapter
Information
Human–Robot Interaction in Law and Its Narratives
Legal Blame, Procedure, and Criminal Law
, pp. 253 - 278
Publisher: Cambridge University Press
Print publication year: 2024
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

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