In debates that focus on the Bill of Rights, the argument often made is that the Founding Fathers could not have envisioned modern technology, and, therefore, did not have it in mind when they drafted the document. The dispute often comes up when discussing whether the Second Amendment should cover automatic weapons. And it occurs quite often when considering whether the First Amendment protects modern communications technology.
Ever since Edward Snowden disclosed details of the National Security Agency (NSA) surveillance program known as PRISM, the conversation on the legal protection afforded to electronic communication has grown louder. And, as people continue to reveal more and more of their personal lives on social sites such as Facebook and Twitter, the courts must decide if these new channels are similar to or different from more traditional modes of communication.