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Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
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.
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.
While there is no easy way to define terrorism, it may generally be viewed as a method of violence in which civilians are targeted with the objective of forcing a perceived enemy into submission by creating fear, demoralization, and political friction in the population under attack. At one time a marginal field of study in the social sciences, terrorism is now very much in center stage. The 1970s terrorist attacks by the PLO, the Provisional Irish Republican Army, the Popular Front for the Liberation of Palestine, the Japanese Red Army, the Unabomber, Aum Shinrikyo, Timothy McVeigh, the World Trade Center attacks, the assault on a school in Russia, and suicide bombers have all made the term "terrorism" an all-too-common part of our vocabulary. This edition was originally published in the 1980s, well before some of the horrific events noted above. This monumental collection of definitions, conceptual frameworks, paradigmatic formulations, and bibliographic sources is being reissued in paperback now as a resource for the expanding community of researchers on the subject of terrorism. This is a carefully constructed guide to one of the most urgent issues of the world today.

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 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.
"If you've got nothing to hide," many people say, "you shouldn't worry about government surveillance." Others argue that we must sacrifice privacy for security. But as Daniel J. Solove argues in this important book, these arguments and many others are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so. The debate between privacy and security has been framed incorrectly as a zero-sum game in which we are forced to choose between one value and the other. Why can't we have both? In this concise and accessible book, Solove exposes the fallacies of many pro-security arguments that have skewed law and policy to favor security at the expense of privacy. Protecting privacy isn't fatal to security measures; it merely involves adequate oversight and regulation. Solove traces the history of the privacy-security debate from the Revolution to the present day. He explains how the law protects privacy and examines concerns with new technologies. He then points out the failings of our current system and offers specific remedies. Nothing to Hide makes a powerful and compelling case for reaching a better balance between privacy and security and reveals why doing so is essential to protect our freedom and democracy"--Jacket.