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Books > Law > Constitutional Law > Civil Rights > 0190235381
  1. The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age (Inalienable Rights)
    The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age (Inalienable Rights)
    The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age (Inalienable Rights)
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  2. The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age (Inalienable Rights)

    Delivery: 10-20 Working Days
    Customer Ratings (5 reviews)
    Price R613.00

Additional Information

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.

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Laura K. Donohue
Oxford University Press
Oxford University Press
Oxford University Press
Oxford University Press
Most Helpful Customer Reviews

Excellent read and rapid delivery.
I found the book helpful. It's good background for anyone trying to understand balancing foreign intelligence agaiant privacy.
If you have more than a passing interest in privacy and surveillance in a digital age, politics or foreign intelligence or if you just fancy something different to read, this book could be something to strongly consider.

Foreign intelligence gathering is changing. With digitalisation it is a lot easier to suck up all of the digital information available, even though more is being produced because it is easier to do so in a digital domain. Society is increasingly dependent on technology as well. What a great target for a foreign intelligence service and its military… Of course, you can expect that the United States and its various intelligence and military agencies are scouting around other countries sniffing for information but then, on the other hand, they know others are trying (or doing) the same to them.

It is a different time too. Viewed through the lens of America, previously the Courts and Congress historically gave the President leeway to obtain... Read more
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