Legal dialogue among scholars in the fields of constitutional law and the commons law of privacy about the emerging applications of video security technology has been ongoing for more than a decade. Early articles on the constitutionality of using closed circuit television (CCTV) technology for “citizen safety” purposes documented the first series of projects and raised fundamental constitutional issues that have been the subject of real outcomes described in the most recent legal commentary. In ten short years, the legal literature has drawn some fairly solid conclusions based upon both theory and experience. Recently, constitutional concerns for privacy have also been raised in the context of the emerging use of such technology by employers to monitor employees’ suspected incriminating conduct that threatens the employer’s
economic interests.