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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 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.
This book provides a definitive overview of the relationships of influence between civil society and intelligence elites. The secrecy surrounding intelligence means that publication of intelligence is highly restricted, barring occasional whistle-blowing and sanitised official leaks. These characteristics mean that intelligence, if publicised, can be highly manipulated by intelligence elites, while civil society’s ability to assess and verify claims is compromised by absence of independent evidence. There are few studies on the relationship between civil society and intelligence elites, which makes it hard to form robust assessments or practical recommendations regarding public oversight of intelligence elites. Addressing that lacuna, this book analyses two case studies of global political significance. The intelligence practices they focus on (contemporary mass surveillance and Bush-era torture-intelligence policies) have been presented as vital in fighting the ‘Global War on Terror’, enmeshing governments of scores of nation-states, while challenging internationally established human rights to privacy and to freedom from torture and enforced disappearance. The book aims to synthesise what is known on relationships of influence between civil society and intelligence elites. It moves away from disciplinary silos, to make original recommendations for how a variety of academic disciplines most likely to study the relationship between civil society and intelligence elites (international relations, history, journalism and media) could productively cross-fertilise. Finally, it aims to create a practical benchmark to enable civil society to better hold intelligence elites publicly accountable. This book will be of great interest to students of intelligence studies, surveillance, media, journalism, civil society, democracy and IR in general.
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A clear, comprehensive, and cutting-edge introduction to the field of information privacy law with a focus on law enforcement and national security issues. This volume contains the latest cases and materials exploring issues of emerging technology, information privacy, privacy and law enforcement, national security, and foreign intelligence. New to the 4th Edition: Tighter editing and shorter chapters New section about AI and algorithms in law enforcement New case on algorithmic decision-making: Loomis v. Wisconsin Discussion of post-Carpenter cases New Appendix A: Full text of the Electronic Communications Privacy Act New Appendix B: Full text of the Foreign Intelligence Surveillance Act
"Cases, exposition, and materials for the law school course on information privacy law or information and technology"--
This book is an originalist rereading of the Fourth Amendment that reveals when and how contemporary surveillance technologies should be subject to constitutional regulation.
In 2011, Nasser Al-Awlaki, a terrorist on the US 'kill list' in Yemen, was targeted by the CIA. A week later, a military strike killed his son. The following year, the US Ambassador to Pakistan resigned, undermined by CIA-conducted drone strikes of which he had no knowledge or control. The demands of the new, borderless 'gray area' conflict have cast civilians and military into unaccustomed roles with inadequate legal underpinning. As the Department of Homeland Security defends against cyber threats and civilian contractors work in paramilitary roles abroad, the legal boundaries of war demand to be outlined. In this book, former Under Secretary of the Air Force Antonia Chayes examines these new 'gray areas' in counterinsurgency, counter-terrorism and cyber warfare. Her innovative solutions for role definition and transparency will establish new guidelines in a rapidly evolving military-legal environment.
Since 2001, the United States has created or reorganized more than two counterterrorism organizations for every apprehension it has made of Islamists apparently planning to commit terrorism within the country. Central to this massive enterprise is what the FBI frequently calls "ghost-chasing"-the efforts by police and intelligence agencies to follow up on over ten million tips. Less than one alarm in 10,000 fails to be false-the rest all point to ghosts. And the vast majority of the leads deemed to be productive have led to terrorist enterprises that are either trivial or at most aspirational. As John Mueller and Mark G. Stewart suggest in Chasing Ghosts, it is often an exercise in dueling delusions: an extremist has delusions about changing the world by blowing something up, and the authorities have delusions that he might actually be able to overcome his patent inadequacies to do so. Chasing Ghosts systematically examines this expensive, exhausting, bewildering, chaotic, and paranoia-inducing process. It evaluates the counterterrorism efforts of the FBI, the National Security Agency, the Department of Homeland Security, and local policing agencies. In addition, it draws from a rich set of case studies to appraise the capacities of the terrorist "adversary" and to scrutinize "the myth of the mastermind." Mueller and Stewart also look closely at public opinion, a key driving force in counterterrorism efforts. The chance that an American will be killed by a terrorist within the country is about one in four million per year under present conditions. However, poll data suggest that, although over a trillion dollars has been spent on domestic counterterrorism since 2001, Americans say they do not feel safer. No defense of civil liberties is likely to be effective as long as people and officials continue to believe that the threat from terrorism is massive, even existential. The book does not argue that there is nothing for the ghost-chasers to find-the terrorist "adversary" is real and does exist. The question that is central to the exercise-but one the ghost-chasers never really probe-is an important and rather straight-forward one: is the chase worth the effort? Or is it excessive given the danger that terrorism actually presents? As Chasing Ghosts shows in vivid detail, standard evaluative procedures suggest that the costs often far outweigh the benefits.