Fox News Senior Judicial Analyst Andrew Napolitano, in a new interview with host Stuart Varney at Fox Business, praised the San Francisco Board of Supervisors vote Tuesday to make San Francisco the first American city to ban city government use, including by the city’s police, of facial recognition surveillance technology.

Government’s use of facial recognition technology, Napolitano explains in the interview, “is surveillance, and surveillance requires a warrant, and if we get to the state of mass, suspicionless, warrantless surveillance, we will have lost the rights the Fourth Amendment was written to guarantee, and that’s the right to be left alone and the right to prevent fishing expeditions.”

Continuing, Napolitano, a former New Jersey state judge, warns, “when the laws are written not to preserve liberty, but to make it easier for the cops to enforce the laws, that’s called a police state.”

Watch Napolitano’s complete interview here:

Napolitano is an Advisory Board member for the Ron Paul Institute.

Reprinted with permission from the Ron Paul Institute for Peace and Prosperity.