In the words of criminal law scholar Andrew Guthrie Ferguson “what is different about the system of surveillance today from the type of surveillance that say is afforded law enforcement in the constitution, is its scope and persistence. It is automated, it is accelerating, it is accurate, it accumulates data, aggregates that data, and then actualises that data, and of course it is persistent pervasive and profitable.”

AML/KYC is basically a global system of warrantless surveillance that has in effect made constitutional protections like the subpoena process irrelevant.

4th amendment privacy protections have been eroded considerably since the attacks of Sept 11 2001, in fact no account based transactions are truly private because in every case they require personal identity as a prerequisite step. This of course will be a core component of CBDCs infrastructures.