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.

Latest in Surveillance

surveillance

Historical Context for Today's Surveillance Debates: The 1945 Legal Memo on What Became Operation Shamrock

Section 702 is coming up for renewal later this year, and it is clear we'll be hearing a lot in that context about the impact of SIGINT collection activities on US person communications. When that topic comes up, inevitably there follows at least a brief reference to the Church Committee's exposure of Operation SHAMROCK and Operation MINARET. In light of all this--or perhaps just because I love archival finds--I'm writing this post to capture some 1940s history that helps us better understand those 1970s revelations--and how if at all they pertain to today's controversies.

FISA: 702 Collection

Closing Section 702 “Backdoor Search Loophole” Also Means Companion Reforms to Use Restrictions

In order to be effective at protecting privacy and due process rights, closing the backdoor search loophole must also be paired with additional restrictions on using Section 702 data for domestic criminal investigations.

Surveillance

It's Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law

 For those who crave a brief respite from the bedlam—and also to toot my own horn and those of my coauthors Steve Bellovin, Matt Blaze, and Stephanie Pell—I offer "It's Too Complicated: How the Internet Upends Katz, Smith and Electronic Surveillance Law."

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