Surveillance

Hustvedt / Cncplayer (background)

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.

Latest in Surveillance

Surveillance

A Proposed Response to the Commercial Surveillance Emergency

The body of Jamal Khashoggi has yet to be found, and the case of his murder is littered with unanswered questions. There are a number of certainties about the gruesome crime, however, backed up by evidence, including that some of his most private communications were monitored by Saudi intelligence.

Surveillance

Georgetown Law’s Comprehensive Foreign Intelligence Law Collection

In recognition of the changing role of the Foreign Intelligence Surveillance Court (FISC) and Foreign Intelligence Surveillance Court of Review (FISCR); the difficulty finding and searching the more than 70 FISC/FISCR declassified opinions and 270 orders in the public domain; the increasing complexity of the Foreign Intelligence Surveillance Act (FISA); the myriad statutory reporting requirements; and the rapidly expanding treatment of FISA in ordinary, Article III courts, I am delighted to announce the creation of the digital Foreign Intelligence Law Collection.

Documents

Document: Inspector General Report on DEA Bulk Data Collection

The Office of the Inspector General for the Department of Justice has released a report on the Drug Enforcement Agency's use of administrative subpoenas for bulk data collection and exploitation, without comprehensive legal review, in drug investigations involving Americans. The full report is available here and below.

Encryption

Perspectives on Encryption and Surveillance

In August 2018, the leading international academic conference on cryptography hosted a Workshop on Encryption and Surveillance. The workshop explored both legal and technical aspects of the ongoing debate over the impact of strong encryption and law enforcement surveillance capabilities. The workshop was co-chaired by Tim Edgar (Brown University), Joan Feigenbaum (Yale University), and me. As we described it at the time:

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