The Supreme Court Is Clueless When It Comes To Tech

I tend to stray from lofty subject here on the blog but this Business Insider article really got to me recently and I can't seem to shake the concerns it brings up. As you may well know, the Supreme Court recently heard the case for Aereo, the TV retransmitting service that has the major networks up in arms. The argument is strikingly similar to the one made when cable TV first came about (at that time called CATV, see Fortnightly Corp v United Artist Television). Granted, this is different because of the profit involved but it's worth noting that new technology is usually upsetting to huge established corporations.

But that's not really the big concern at hand. The troubling matter is the level of ignorance from the Supreme Court justices (and, honestly, most lawmakers) about how technology works. "Ignorant" usually has a heavy negative connotation to it but, in this case, it's meant in its purest form - lack of knowledge, not ability to comprehend. The BI article above doesn't really get to much of the heart of the matter except for this one paragraph:

Some critics say the Supreme Court's apparent lack of awareness about the technology that increasingly permeates the lives of everyday Americans could have real consequences as the court grapples with such issues this term as maintaining privacy in the digital age, when software is eligible for patent protection, and the future of the TV industry.

That's a massive understatement but serves as the foundation for the concern. How do you find the balance between seasoned, experienced lawmaker and insightful, comprehending technologist? I refuse to believe it's simply a matter of asking young law clerks or "friends of the court" (likely lobbyists with their own interests).

In the end, I'm asking because I honestly want to know.