Clearly, the Heisler Moot Court addresses what are truly contemporary issues. Heretofore, our reasonable "expectations of privacy" have put a limit on what the government could do, by way of the surveillance of individual citizens. Listening to the arguments, I concluded that it may not actually be reasonable to expect any privacy, nowadays, as soon as we step beyond the doorways of our homes.
Our politics is based upon the idea that the "people" have primacy over governmental officials, and that our political activities are not subject to constant surveillance. If we can no longer reasonably expect that our political activities are going to be private, then we are going to have to find effective ways to strengthen our rights to act, politically, without the fear of detention or criminal conviction. The First and the Fourth Amendments are complementary.
Our freedoms have been made vulnerable by the very technologies that our freedoms have allowed us to invent.