Abstract
Encroachments on privacy through mass surveillance greatly resemble the pollution crisis in that they can be understood as imposing an externality on the surveilled. This Article argues that this resemblance also suggests a solution: requiring those conducting mass surveillance in and through public spaces to disclose their plans publicly via an updated form of environmental impact statement, thus requiring an impact analysis and triggering a more informed public conversation about privacy. The Article first explains how mass surveillance is polluting public privacy and surveys the limited and inadequate doctrinal tools available to respond to mass surveillance technologies. Then, it provides a quick summary of the Privacy Impact Notices (“PINs”) proposal to make a case in principle for the utility and validity of PINs. Next, the Article explains how environmental law responded to a similar set problems (taking the form of physical harms to the environment) with the National Environmental Policy Act of