AI, Surveillance, and Liberty: Redefining the Right to Privacy in Automated Governance

Abstract

The rise of artificial intelligence (AI) has transformed the mechanisms of surveillance and governance in the United States. No longer confined to physical searches or wiretaps, state power now operates through algorithmic observation, predictive analytics, and automated administrative decisionmaking. This article argues that such technological governance requires a fundamental redefinition of the right to privacy under the U.S. Constitution. Drawing from the Fourth Amendment, due process jurisprudence, and the moral foundations of liberty, it contends that privacy in the era of automated governance cannot be confined to spatial or informational boundaries. Instead, it must be reconstituted as a structural safeguard against algorithmic domination and unaccountable state power. By tracing the doctrinal evolution of privacy, evaluating contemporary surveillance architectures, and examining the constitutional implications of machine learning in public administration, this paper proposes a jurisprudence of “algorithmic liberty” rooted in constitutional accountability and human dignity.