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Surveillance

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With the rise of modern technologies, the scope and scale of government surveillance has exploded. The use of digital communication has made communication more efficient, but also much more vulnerable. Governments, meanwhile, are increasing their capacity to exploit these vulnerabilities, and companies, their ability to thwart them. Both the PATRIOT act and the Snowden disclosures pushed the issue to the front of the national conversation. Today, the legal and policy debate—over what kind of surveillance tools are acceptable, against whom, and with with whose authorization—continues in full force.

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FISA
Surveillance: NSA Warrantless Wiretapping
Surveillance: Snowden NSA Controversy
Internet Metadata Collection
National Security Letters
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Latest in Surveillance

Documents

Document: Privacy Oversight Board Report on Signals Intelligence Policy

Mikhaila Fogel   Tue, Oct 16, 2018, 4:50 PM

In response to a Freedom of Information Act request from New York Times reporter Charlie Savage, the Privacy and Civil Liberties Oversight Board (PCLOB) has declassified its implementation report on Presidential Policy Directive 28: Signals Intelligence Activities (PPD-28). PPD-28 was signed by President Obama in January of 2014 and provides principles guiding “why, whether, when, and how the United States conducts signals intelligence activities.” The report was sent to Congress in early 2017.

Intelligence Oversight

Summary: Big Brother Watch and Others v. the United Kingdom

Chinmayi Sharma   Fri, Oct 12, 2018, 9:00 AM

On Sept. 13, the European Court of Human Rights (ECHR) ruled that the United Kingdom’s bulk data-collection programs violate human-rights law by failing to incorporate adequate privacy safeguards and oversight—but that mass surveillance and intelligence sharing did not violate international law.

surveillance

The ‘Big Brother Watch’ Ruling on U.K. Surveillance Practices: Key Points from an American Perspective

Robert Chesney   Tue, Oct 9, 2018, 10:28 AM

Last month the European Court of Human Rights found that various U.K. surveillance practices violate the Right to Privacy in the European Convention. The case is a great opportunity to better understand what is—and is not—similar about U.S. and EU legal frameworks in this area.

Surveillance

Full Oral Argument Audio in United States v. Hasbajrami

Matthew Kahn   Wed, Aug 29, 2018, 9:43 AM

The U.S. Court of Appeals for the Second Circuit heard oral argument on Monday in United States v. Hasbajrami, which challenges the constitutionality of Section 702 of the Foreign Intelligence Surveillance Act. The panel was composed of Judges Gerard Lynch, Christopher Droney, and Susan Carney. Listen below.

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