The Future of Foreign Intelligence

The Future of Foreign Intelligence PDF Author: Laura K. Donohue
Publisher: Oxford University Press
ISBN: 019023539X
Category : Law
Languages : en
Pages : 209

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Book Description
Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. Together with statutory alterations instituted in the wake of 9/11, and secret legal interpretations that have only recently become public, new and emerging technologies have radically expanded the amount and type of information that the government collects about U.S. citizens. Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. Information that is being collected for foreign intelligence purposes, though, is now being used for criminal prosecution. The expansion in the government's acquisition of private information, and the convergence between national security and criminal law threaten individual liberty. Donohue traces the evolution of U.S. foreign intelligence law and pairs it with the progress of Fourth Amendment jurisprudence. She argues that the bulk collection programs instituted by the National Security Agency amount to a general warrant, the prevention of which was the reason the Founders introduced the Fourth Amendment. The expansion of foreign intelligence surveillanceleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandnow threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers a road map for reining in the national security state's expansive reach, arguing for a judicial re-evaluation of third party doctrine and statutory reform that will force the executive branch to take privacy seriously, even as Congress provides for the collection of intelligence central to U.S. national security. Alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.

The Future of Foreign Intelligence

The Future of Foreign Intelligence PDF Author: Laura K. Donohue
Publisher: Oxford University Press
ISBN: 019023539X
Category : Law
Languages : en
Pages : 209

Get Book Here

Book Description
Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. Together with statutory alterations instituted in the wake of 9/11, and secret legal interpretations that have only recently become public, new and emerging technologies have radically expanded the amount and type of information that the government collects about U.S. citizens. Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. Information that is being collected for foreign intelligence purposes, though, is now being used for criminal prosecution. The expansion in the government's acquisition of private information, and the convergence between national security and criminal law threaten individual liberty. Donohue traces the evolution of U.S. foreign intelligence law and pairs it with the progress of Fourth Amendment jurisprudence. She argues that the bulk collection programs instituted by the National Security Agency amount to a general warrant, the prevention of which was the reason the Founders introduced the Fourth Amendment. The expansion of foreign intelligence surveillanceleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandnow threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers a road map for reining in the national security state's expansive reach, arguing for a judicial re-evaluation of third party doctrine and statutory reform that will force the executive branch to take privacy seriously, even as Congress provides for the collection of intelligence central to U.S. national security. Alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.

Foreign Intelligence Surveillance Act

Foreign Intelligence Surveillance Act PDF Author: Markus Korjus
Publisher: Nova Science Publishers
ISBN: 9781628082357
Category : Civil rights
Languages : en
Pages : 0

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Book Description
The current legislative and oversight activity with respect to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) has drawn national attention to several overarching issues. This book outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions are implicated in this debate - the Fourth and Fifth Amendments.

The Law of Electronic Surveillance

The Law of Electronic Surveillance PDF Author: James G. Carr
Publisher:
ISBN: 9780314615237
Category : Eavesdropping
Languages : en
Pages : 0

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Book Description


The Right to Privacy

The Right to Privacy PDF Author: Samuel D. Brandeis, Louis D. Warren
Publisher: BoD – Books on Demand
ISBN: 3732645487
Category : Fiction
Languages : en
Pages : 42

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Book Description
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

Intelligence Community Legal Reference Book

Intelligence Community Legal Reference Book PDF Author:
Publisher:
ISBN:
Category : Electronic surveillance
Languages : en
Pages : 944

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Book Description


Federal Government Information Technology

Federal Government Information Technology PDF Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 84

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Book Description


Intelligence Community Legal Reference Book Summer 2016

Intelligence Community Legal Reference Book Summer 2016 PDF Author: Office of the Director of National Intelligence, Office of General Counsel
Publisher: Government Printing Office
ISBN: 9780160937194
Category : Business & Economics
Languages : en
Pages : 918

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Book Description
The documents contained within this updated edition incorporate all amendments since the release of Winter 2012 version through February 26, 2016 and verified against the United States Code maintained by the United States Library of Congress and Westlaw private company. The documents cited in this volume range from principles of professional ethics and transparency for the Intelligence Community, several Acts including the Intelligence Reform and Terrorism Prevention Act of 2004 that includes information sharing, privacy, and civil liberties, and security clearances, plus Counterintelligence and Security Enhancements Act of 1994, Classified Information Procedures Act, Foreign Intelligence Surveillance Act of 1978, Cybersecurity Act of 2015, numerous executive orders, presidential policy directives, and more. American citizens, law enforcement, especially U.S. Federal agency personnel that engage with intelligence surveillance, classified information, and national security efforts may be interested in this updated edition. Additionally, attorneys, civil servants involved within information technology departments, and records management may also be interested in this resource. Students pursuing courses in the areas of Ethics in Criminal Justice, Computer Forensics, Criminal Law in Criminal Justice, Homeland Security and Terrorism, Information Storage and Retrieval, Computer Security, or Military Science may be interested in this reference for research. Lastly, public, special, and academic libraries may want this legal reference available for their patrons. Related products: Intelligence Community Legal Reference Book, Winter 2012 - Limited quantities while supplies last - can be found here: https://bookstore.gpo.gov/products/sku/041-015-00278-3 Intelligence and Espionage resources collection is available here: https://bookstore.gpo.gov/catalog/security-defense-law-enforcement/intelligence-espionage Law Enforcement and Criminal Justice topical books can be found here: https://bookstore.gpo.gov/catalog/security-defense-law-enforcement/law-enforcement-criminal-justice Mail & Communications Security collection is available here: https://bookstore.gpo.gov/catalog/security-defense-law-enforcement/mail-communications-security

Cryptography's Role in Securing the Information Society

Cryptography's Role in Securing the Information Society PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309175801
Category : Computers
Languages : en
Pages : 720

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Book Description
For every opportunity presented by the information age, there is an opening to invade the privacy and threaten the security of the nation, U.S. businesses, and citizens in their private lives. The more information that is transmitted in computer-readable form, the more vulnerable we become to automated spying. It's been estimated that some 10 billion words of computer-readable data can be searched for as little as $1. Rival companies can glean proprietary secrets . . . anti-U.S. terrorists can research targets . . . network hackers can do anything from charging purchases on someone else's credit card to accessing military installations. With patience and persistence, numerous pieces of data can be assembled into a revealing mosaic. Cryptography's Role in Securing the Information Society addresses the urgent need for a strong national policy on cryptography that promotes and encourages the widespread use of this powerful tool for protecting of the information interests of individuals, businesses, and the nation as a whole, while respecting legitimate national needs of law enforcement and intelligence for national security and foreign policy purposes. This book presents a comprehensive examination of cryptographyâ€"the representation of messages in codeâ€"and its transformation from a national security tool to a key component of the global information superhighway. The committee enlarges the scope of policy options and offers specific conclusions and recommendations for decision makers. Cryptography's Role in Securing the Information Society explores how all of us are affected by information security issues: private companies and businesses; law enforcement and other agencies; people in their private lives. This volume takes a realistic look at what cryptography can and cannot do and how its development has been shaped by the forces of supply and demand. How can a business ensure that employees use encryption to protect proprietary data but not to conceal illegal actions? Is encryption of voice traffic a serious threat to legitimate law enforcement wiretaps? What is the systemic threat to the nation's information infrastructure? These and other thought-provoking questions are explored. Cryptography's Role in Securing the Information Society provides a detailed review of the Escrowed Encryption Standard (known informally as the Clipper chip proposal), a federal cryptography standard for telephony promulgated in 1994 that raised nationwide controversy over its "Big Brother" implications. The committee examines the strategy of export control over cryptography: although this tool has been used for years in support of national security, it is increasingly criticized by the vendors who are subject to federal export regulation. The book also examines other less well known but nevertheless critical issues in national cryptography policy such as digital telephony and the interplay between international and national issues. The themes of Cryptography's Role in Securing the Information Society are illustrated throughout with many examplesâ€"some alarming and all instructiveâ€"from the worlds of government and business as well as the international network of hackers. This book will be of critical importance to everyone concerned about electronic security: policymakers, regulators, attorneys, security officials, law enforcement agents, business leaders, information managers, program developers, privacy advocates, and Internet users.

The NSA Report

The NSA Report PDF Author: President's Review Group on Intelligence and Communications Technologies, The
Publisher: Princeton University Press
ISBN: 1400851270
Category : Political Science
Languages : en
Pages : 287

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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.

Power Wars

Power Wars PDF Author: Charlie Savage
Publisher: Little, Brown
ISBN: 0316286605
Category : Political Science
Languages : en
Pages : 1067

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Book Description
Pulitzer Prize-winning journalist Charlie Savage's penetrating investigation of the Obama presidency and the national security state. Barack Obama campaigned on changing George W. Bush's "global war on terror" but ended up entrenching extraordinary executive powers, from warrantless surveillance and indefinite detention to military commissions and targeted killings. Then Obama found himself bequeathing those authorities to Donald Trump. How did the United States get here? In Power Wars, Charlie Savage reveals high-level national security legal and policy deliberations in a way no one has done before. He tells inside stories of how Obama came to order the drone killing of an American citizen, preside over an unprecendented crackdown on leaks, and keep a then-secret program that logged every American's phone calls. Encompassing the first comprehensive history of NSA surveillance over the past forty years as well as new information about the Osama bin Laden raid, Power Wars equips readers to understand the legacy of Bush's and Obama's post-9/11 presidencies in the Trump era.