This Lawfare post summarizes a longer essay we are publishing today with the Hoover Working Group on National Security, Technology and Law. Our essay addresses whether governments ever have a justified basis for treating targets of surveillance differently, in any way, based on nationality. This issue is of general importance and has become particularly important in the current legal debates about whether the U.S.
Deven Desai is a professor at the Georgia Institute of Technology, Scheller College of Business. He joined the faculty in fall of 2014 in the Law and Ethics Program. Prior to joining Scheller, Professor Desai was an associate professor of law at the Thomas Jefferson School of Law. He was also the first, and to date, only Academic Research Counsel at Google, Inc., and a Visiting Fellow at Princeton University’s Center for Information Technology Policy.
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There has been growing legal, policy, and academic attention to the topic of Mutual Legal Assistance (MLA), the mechanisms for evidence held in one country to be provided to a different country for law enforcement purposes. This post summarizes recent developments and proposes a new mechanism for MLA that could be used for the important country of India, and also more generally.