In the post September 11 era, one truism in the ongoing public policy debate surrounding technology and privacy is that there is no easy solution to the increasing presence of technology in our lives. There are, however, several long-standing guiding principles. We must be wary of extending political authority to protect privacy without careful contemplation of the consequences. While it may appear that the idea of balancing technology and privacy is novel, the tension between them is informed by a broader theoretical framework that is inherent to democracy. Understanding this broader theoretical framework is helpful in identifying ways to advance the debate toward policy solutions rather than continuing a dogmatic discussion that juxtaposes technological innovation with the loss of privacy. The purpose of this discussion is not to settle the public policy debate. Instead, the aim is to consider how long-standing constitutional doctrine and the theoretical framework of democracy can lend insight into the current debate surrounding privacy and technology.The events of September 11, 2001, and the ever-increasing prominence of information technology in our lives have had a significant influence on the nature of public policy debates on privacy. As society becomes more information based, the tendency-perhaps necessity-of individuals to distribute their personal information continues to increase. Yet, as personal information becomes more important and is accessible to a greater number of people and institutions, concerns about privacy protection and civil liberties abound. The escalating information society, together with the increasing reliance on technology for intelligence gathering and surveillance in the aftermath of September 11, 2001, has resulted in a growing public policy debate regarding the balance that should be forged between technology and privacy.In these policy debates, however, the terms are often mired in time-worn dichotomies and stymied by entrenched political positions. The first step in moving the public policy debate forward is reconsidering the terms of debate. While it may appear that the question of balancing technology and privacy is novel, the tension between them is informed by a broader theoretical framework that is inherent to democracy. Understanding this broader theoretical framework is helpful in identifying ways to advance the debate toward policy solutions rather than continuing a dogmatic discussion that juxtaposes technological innovation with the loss of privacy. In other words, there must be a means of ensuring the ongoing protection of privacy in light of innovations in information technology and within the context of continued efforts to guard against terrorism. An understanding of the democratic underpinnings of privacy, which are affected by the growth of the information age and the events of September 11, 2001, is essential to a reconsideration of the terms of the debate. The purpose of this discussion is not to settle the public policy debate. Instead, the aim is to consid...