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The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age (Inalienable Rights)

di Laura K. Donohue

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1421,446,984 (4.5)Nessuno
"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, the internet and new technologies such as biometric identification systems have not changed our lives in countless ways. But they have also led to a very worrying transformation. The amount and types of information that the government can obtain has radically expanded, and information that is being collected for foreign intelligence purposes is now being used for domestic criminal prosecution. Traditionally, the Courts have allowed exceptions to the Fourth Amendment rule barring illegal search and seizure on national security grounds. But the new ways in which we collect intelligence are swallowing the rule altogether. Just as alarming, the ever-weaker standards that mark foreign intelligence collection are now being used domestically-and the convergence between these realms threatens individual liberty. Donohue traces the evolution of foreign intelligence law and pairs that account with the progress of Fourth Amendment jurisprudence. She argues that the programmatic surveillance that the National Security Agency conducts amounts to a general warrant-the prevention of which was the point of introducing the Fourth Amendment. The expansion of foreign intelligence surveillance-leant momentum by significant advances in technology, the Global War on Terror, and the emphasis on securing the homeland-now threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers an agenda for reining in the national security state's expansive reach, primarily through Congressional statutory reform that will force the executive and judicial branches to take privacy seriously, even as it provides for the continued collection of intelligence central to U.S. national security. Both alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States"-- "More of what we say, do, and think is recorded than ever before. Over the past decade, the government has expanded its access to this data through new foreign intelligence statutes and secret interpretations of the law. Convergence between national security and law enforcement means that the weaker standards are spreading. At stake is the future of individual rights, and the balance of power, in the United States"--… (altro)
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Note: I received a digital review copy of this book from the publisher through NetGalley.
  fernandie | Sep 15, 2022 |
The Future of Foreign Intelligence by Laura K. Donohue is a fascinating and alarming work that looks at the difficult task of balancing intelligence gathering with privacy issues, primarily through the lens of national security law.

Donohue presents the historical background of foreign intelligence gathering dating to the beginning of the country then looks closely at what has changed to bring us to this point in time. The advent of the internet and the ease of electronic communication have become embedded in citizen's everyday lives often without the realization of how easily every word or image they send can be tracked.

This is a fair and balanced look at how we might be able to find that point where security interests are maintained without the collection of so much mass data. The old "if you aren't doing anything wrong you have nothing to worry about" argument to being surveilled misses the point entirely. If our communications are being saved and for some reason a person becomes a "person of interest" for political rather than legal or security reasons, that data can be used to intimidate or, if manipulated and spun, used to discredit. All without that person having done anything wrong.

This book is a wonderful read for anyone interested in the area of security and privacy law as well as anyone interested more generally in surveillance issues as they apply domestically as well as internationally. Donohue has given us the background we need to read today's news stories and understand significantly better the issues at stake for both privacy and national security.

Reviewed from a copy made available by the publisher via NetGalley. ( )
  pomo58 | Sep 2, 2016 |
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"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, the internet and new technologies such as biometric identification systems have not changed our lives in countless ways. But they have also led to a very worrying transformation. The amount and types of information that the government can obtain has radically expanded, and information that is being collected for foreign intelligence purposes is now being used for domestic criminal prosecution. Traditionally, the Courts have allowed exceptions to the Fourth Amendment rule barring illegal search and seizure on national security grounds. But the new ways in which we collect intelligence are swallowing the rule altogether. Just as alarming, the ever-weaker standards that mark foreign intelligence collection are now being used domestically-and the convergence between these realms threatens individual liberty. Donohue traces the evolution of foreign intelligence law and pairs that account with the progress of Fourth Amendment jurisprudence. She argues that the programmatic surveillance that the National Security Agency conducts amounts to a general warrant-the prevention of which was the point of introducing the Fourth Amendment. The expansion of foreign intelligence surveillance-leant momentum by significant advances in technology, the Global War on Terror, and the emphasis on securing the homeland-now threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers an agenda for reining in the national security state's expansive reach, primarily through Congressional statutory reform that will force the executive and judicial branches to take privacy seriously, even as it provides for the continued collection of intelligence central to U.S. national security. Both alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States"-- "More of what we say, do, and think is recorded than ever before. Over the past decade, the government has expanded its access to this data through new foreign intelligence statutes and secret interpretations of the law. Convergence between national security and law enforcement means that the weaker standards are spreading. At stake is the future of individual rights, and the balance of power, in the United States"--

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