Report on the Telephone Records Program Conducted Under Section 215 of the USA Patriot Act and on the Operations of the Foreign Intelligence Surveillance Court


Book Description

The Privacy and Civil Liberties Oversight Board (PCLOB) is an independent bipartisan agency within the executive branch established by the Implementing Recommendations of the 9/11 Commission Act of 2007. The Board is comprised of four part-time members and a full-time chairman, all appointed by the President and confirmed by the Senate. On June 5, 2013, the British newspaper The Guardian published the first of a series of articles based on unauthorized disclosures of classified documents by Edward Snowden, a contractor for the National Security Agency ("NSA"). The article described an NSA program to collect millions of telephone records, including records about purely domestic calls. Over the course of the next several days, there were additional articles regarding this program as well as another NSA program referred to in leaked documents as "PRISM." These disclosures caused a great deal of concern both over the extent to which they damaged national security and over the nature and scope of the surveillance programs they purported to reveal. In response to the congressional and presidential requests, the Board immediately initiated a study of the 215 and 702 programs and the operation of the FISA court. This Report contains the results of the Board's 215 program study as well as our analysis and recommendations regarding the FISC's operation.




The NSA Report


Book Description

The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.




Intelligence Elites and Public Accountability


Book Description

This book provides a definitive overview of the relationships of influence between civil society and intelligence elites. The secrecy surrounding intelligence means that publication of intelligence is highly restricted, barring occasional whistle-blowing and sanitised official leaks. These characteristics mean that intelligence, if publicised, can be highly manipulated by intelligence elites, while civil society’s ability to assess and verify claims is compromised by absence of independent evidence. There are few studies on the relationship between civil society and intelligence elites, which makes it hard to form robust assessments or practical recommendations regarding public oversight of intelligence elites. Addressing that lacuna, this book analyses two case studies of global political significance. The intelligence practices they focus on (contemporary mass surveillance and Bush-era torture-intelligence policies) have been presented as vital in fighting the ‘Global War on Terror’, enmeshing governments of scores of nation-states, while challenging internationally established human rights to privacy and to freedom from torture and enforced disappearance. The book aims to synthesise what is known on relationships of influence between civil society and intelligence elites. It moves away from disciplinary silos, to make original recommendations for how a variety of academic disciplines most likely to study the relationship between civil society and intelligence elites (international relations, history, journalism and media) could productively cross-fertilise. Finally, it aims to create a practical benchmark to enable civil society to better hold intelligence elites publicly accountable. This book will be of great interest to students of intelligence studies, surveillance, media, journalism, civil society, democracy and IR in general.




Legislative and Executive Calendar


Book Description




Privacy, Law Enforcement, and National Security


Book Description

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A clear, comprehensive, and cutting-edge introduction to the field of information privacy law with a focus on law enforcement and national security issues. This volume contains the latest cases and materials exploring issues of emerging technology, information privacy, privacy and law enforcement, national security, and foreign intelligence. New to the 4th Edition: Tighter editing and shorter chapters New section about AI and algorithms in law enforcement New case on algorithmic decision-making: Loomis v. Wisconsin Discussion of post-Carpenter cases New Appendix A: Full text of the Electronic Communications Privacy Act New Appendix B: Full text of the Foreign Intelligence Surveillance Act




Information Privacy Law


Book Description

"Cases, exposition, and materials for the law school course on information privacy law or information and technology"--




The Cambridge Handbook of the Law of Algorithms


Book Description

Algorithms are a fundamental building block of artificial intelligence - and, increasingly, society - but our legal institutions have largely failed to recognize or respond to this reality. The Cambridge Handbook of the Law of Algorithms, which features contributions from US, EU, and Asian legal scholars, discusses the specific challenges algorithms pose not only to current law, but also - as algorithms replace people as decision makers - to the foundations of society itself. The work includes wide coverage of the law as it relates to algorithms, with chapters analyzing how human biases have crept into algorithmic decision-making about who receives housing or credit, the length of sentences for defendants convicted of crimes, and many other decisions that impact constitutionally protected groups. Other issues covered in the work include the impact of algorithms on the law of free speech, intellectual property, and commercial and human rights law.




The Fourth Amendment in an Age of Surveillance


Book Description

This book is an originalist rereading of the Fourth Amendment that reveals when and how contemporary surveillance technologies should be subject to constitutional regulation.




Borderless Wars


Book Description

In 2011, Nasser Al-Awlaki, a terrorist on the US 'kill list' in Yemen, was targeted by the CIA. A week later, a military strike killed his son. The following year, the US Ambassador to Pakistan resigned, undermined by CIA-conducted drone strikes of which he had no knowledge or control. The demands of the new, borderless 'gray area' conflict have cast civilians and military into unaccustomed roles with inadequate legal underpinning. As the Department of Homeland Security defends against cyber threats and civilian contractors work in paramilitary roles abroad, the legal boundaries of war demand to be outlined. In this book, former Under Secretary of the Air Force Antonia Chayes examines these new 'gray areas' in counterinsurgency, counter-terrorism and cyber warfare. Her innovative solutions for role definition and transparency will establish new guidelines in a rapidly evolving military-legal environment.