He worries that surveillance will become so routine that it will result in "the investigation and tracking of people in public places without any reason to believe they are engaged in wrongdoing," he said.
"Certainly, for people who are engaged in wrongdoing, including myself, when I was asked questions at the time of my conduct, during an internal investigation, I was not entirely forthright, mostly due to my own fear of criminal liability.
A clawback is a means to recover money paid to an employee while the employee was engaging in wrongdoing that came to light later.
And a statistical analysis of millions of police interactions revealed that few people subjected to stop-and-frisk methods had been engaging in wrongdoing.
(a) "Jimmy is engaged in wrongdoing".
Some clients reportedly suspected that Mr Madoff was engaged in wrongdoing, but not the sort that would endanger their money.
Barry Bonds's lawyer makes a cunning argument on his client's behalf: he didn't know he was engaged in wrongdoing.
The men have been accused of improperly benefiting from their relationship with Madoff over years of investing with him, and of ignoring evidence he might have been engaged in wrongdoing.
The Supreme Court, in an important case last week, reaffirmed the fundamental Fourth Amendment principle that searches and seizures must be based on suspicion that a particular individual is engaged in wrongdoing.
Madoff was just outright running a $17bn Ponzi scheme: According to reports, some of those who put their faith in Mr Madoff suspected that he was engaged in wrongdoing, but not the sort that would endanger their money.
What the team's owners knew of Madoff's operation during their decades of investing with him will be explored, and the trustee will get to try to prove his central assertion: the owners, Fred Wilpon and Saul Katz, enriched themselves while ignoring evidence that Madoff might have been engaged in wrongdoing.
