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The NSA Report

President's Review Group on Intelligence and Communications Technologies, The

Published: 2014-03-31

Total Pages: 287


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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.
The Privacy and Civil Liberties Oversight Board (PCLOB) is an independent bipartisan agency within the executive branch established by the Implementing Recommendations of the 9/11 Commission Act of 2007. The Board is comprised of four part-time members and a full-time chairman, all appointed by the President and confirmed by the Senate. On June 5, 2013, the British newspaper The Guardian published the first of a series of articles based on unauthorized disclosures of classified documents by Edward Snowden, a contractor for the National Security Agency ("NSA"). The article described an NSA program to collect millions of telephone records, including records about purely domestic calls. Over the course of the next several days, there were additional articles regarding this program as well as another NSA program referred to in leaked documents as "PRISM." These disclosures caused a great deal of concern both over the extent to which they damaged national security and over the nature and scope of the surveillance programs they purported to reveal. In response to the congressional and presidential requests, the Board immediately initiated a study of the 215 and 702 programs and the operation of the FISA court. This Report contains the results of the Board's 215 program study as well as our analysis and recommendations regarding the FISC's operation.
The New England Law Review now offers its issues in convenient and modern ebook formats for e-reader devices, apps, pads, smartphones, and computers. This first issue of Volume 48, Fall 2013, was published in 2014 and contains articles and presentations from leading figures of the academy, the judiciary, and the legal community. Contents of this issue include: • Commencement Address at New England Law: Boston, May 24, 2013, by U.S. Attorney Carmen M. Ortiz Articles: • Creamskimming and Competition, by Jim Chen • "Give Me That Old Time Religion": The Persistence of the Webster Reasonable Doubt Instruction and the Need to Abandon It, by Hon. Richard E. Welch, III • Standing Up to Clapper: How to Increase Transparency and Oversight of FISA Surveillance, by Alan Butler Notes: • Avoiding Unintended House Boats: Towards Sensible Coastal Land Use Policy in Massachusetts, by Keith Richard • The Moral Judiciary: Restoring Morality as a Basis of Judicial Decision-Making, by Erik Hagen • Tales of the Dead: Why Autopsy Reports Should Be Classified as Testimonial Statements Under the Confrontation Clause, by Andrew Higley Comments: • Putting Beer Goggles on the Jury: Rape, Intoxication, and the Reasonable Man in Commonwealth v. Mountry, by Annalise H. Scobey • A Government of the People, by the People, for Whom? How In re Enforcement of a Subpoena Ensures that the Judiciary Is Unaccountable, by Lindsay Bohan
Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.
The contents of the March 2015 issue (Volume 124, Number 5) are: Articles: • “Article III Judicial Power, the Adverse-Party Requirement, and Non-Contentious Jurisdiction” by James E. Pfander & Daniel D. Birk • “Beyond Diversification: The Pervasive Problem of Excessive Fees and 'Dominated Funds' in 401(k) Plans” by Ian Ayres & Quinn Curtis • “The Uneasy Case for Favoring Long-Term Shareholders” by Jesse M. Fried • “Deviance, Aspiration, and the Stories We Tell: Reconciling Mass Atrocity and the Criminal Law” by Saira Mohamed Notes: • “Mitigating Jurors’ Racial Biases: The Effects of Content and Timing of Jury Instructions” by Elizabeth Ingriselli • “How To Eat an Elephant: Corporate Group Structure of Systemically Important Financial Institutions, Orderly Liquidation Authority, and Single Point of Entry Resolution” by Kwon-Yong Jin • “Public Actors, Private Law: Local Governments’ Use of Covenants To Regulate Land Use” by Noah M. Kazis Comment: • “Methodological Stare Decisis and Intersystemic Statutory Interpretation in the Choice-of-Law Context” by Grace E. Hart Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes.
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
In the aftermath of a terrorist attack political stakes are high: legislators fear being seen as lenient or indifferent and often grant the executive broader authorities without thorough debate. The judiciary's role, too, is restricted: constitutional structure and cultural norms narrow the courts' ability to check the executive at all but the margins. The dominant 'Security or Freedom' framework for evaluating counterterrorist law thus fails to capture an important characteristic: increased executive power that shifts the balance between branches of government. This book re-calculates the cost of counterterrorist law to the United Kingdom and the United States, arguing that the damage caused is significantly greater than first appears. Donohue warns that the proliferation of biological and nuclear materials, together with willingness on the part of extremists to sacrifice themselves, may drive each country to take increasingly drastic measures with a resultant shift in the basic structure of both states.