When the US Constitution was written, the founders made the laws based on what they fought for, what they believe is right, and what they believe is the best for their grandchildren for years to come. But, if they were alive by this time, I am sure they would change the Constitution, since a lot of it is violated by things unimaginable by them. Especially privacy.
At that time, there was no such technology like computers or internet. The only thing that they thought would invade privacy is through physical actions. Not now. There are still police officers that could come into our house and search it, invading our privacy. Using technologies, such hassles are reduced. For example, wire tapping. By this way, there are no physical being entering a certain house. Somebody would enter the telephone line, hear on the conversation, and leave without leaving behind any marks. According to the current Fourth Amendment, this does not trespasses somebody else's privacy. But to our time context, it is. Another example would be worm, design as codes in the Internet especially. Whenever we downloaded something from the internet, we may not know what is exactly in the content. The worm may be harmless. It is created to serach for something, and if it has nothing to search for, it will destroy itself without producing any problem.
As Lessig puts it, we need to change the Constitution to preserve what is right for us, what we believe in. The Constitution that made Americans American. If it is violated, then there is nothing that holds this land as America. To protect privacy is by to change the Constitution itself, as long as it suits our need at this time. There are too many ways technology could invade our privacy. Technology is advancing, and it will wait for no man. Are we going to follow it or is it going to leave us? That is why, changing the fundamentals are way important before approaching the situation.
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