Ignoring the legal issues, I believe we have to come back to the old analogy of Global Village that illustrates the coming reality.
Imagine living in a village a hundred years ago. There is no practical anonymity, everybody knows who you are, what you do, and they tend to share many parts of what they know. The shopkeeper knows all your purchasing habits, the bored old lady living on the corner knows where everybody is going at what times, and if you buy condoms then the pharmacist likely knows with whom you'll be using them. If you'd get judged by a jury of your peers, they would know you and the witnesses since birth, and take all of it into account.
Like it or not, I feel that this is the social model that our changing capabilities will bring - and it's not entirely a disaster; for pretty much all time the civilization was like this, the anonymous faceless metropolis is just a recent change; and USA constitution was already written for an environment like that, and not the current (temporary?) one.
Imagine living in a village a hundred years ago. There is no practical anonymity, everybody knows who you are, what you do, and they tend to share many parts of what they know. The shopkeeper knows all your purchasing habits, the bored old lady living on the corner knows where everybody is going at what times, and if you buy condoms then the pharmacist likely knows with whom you'll be using them. If you'd get judged by a jury of your peers, they would know you and the witnesses since birth, and take all of it into account.
Like it or not, I feel that this is the social model that our changing capabilities will bring - and it's not entirely a disaster; for pretty much all time the civilization was like this, the anonymous faceless metropolis is just a recent change; and USA constitution was already written for an environment like that, and not the current (temporary?) one.