Beyond Snowden

Beyond Snowden

Author: Timothy H. Edgar

Publisher: Brookings Institution Press

Published: 2017-08-29

Total Pages: 290

ISBN-13: 0815730640

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Safeguarding Our Privacy and Our Values in an Age of Mass Surveillance America’s mass surveillance programs, once secret, can no longer be ignored. While Edward Snowden began the process in 2013 with his leaks of top secret documents, the Obama administration’s own reforms have also helped bring the National Security Agency and its programs of signals intelligence collection out of the shadows. The real question is: What should we do about mass surveillance? Timothy Edgar, a long-time civil liberties activist who worked inside the intelligence community for six years during the Bush and Obama administrations, believes that the NSA’s programs are profound threat to the privacy of everyone in the world. At the same time, he argues that mass surveillance programs can be made consistent with democratic values, if we make the hard choices needed to bring transparency, accountability, privacy, and human rights protections into complex programs of intelligence collection. Although the NSA and other agencies already comply with rules intended to prevent them from spying on Americans, Edgar argues that the rules—most of which date from the 1970s—are inadequate for this century. Reforms adopted during the Obama administration are a good first step but, in his view, do not go nearly far enough. Edgar argues that our communications today—and the national security threats we face—are both global and digital. In the twenty first century, the only way to protect our privacy as Americans is to do a better job of protecting everyone’s privacy. Beyond Surveillance: Privacy, Mass Surveillance, and the Struggle to Reform the NSA explains both why and how we can do this, without sacrificing the vital intelligence capabilities we need to keep ourselves and our allies safe. If we do, we set a positive example for other nations that must confront challenges like terrorism while preserving human rights. The United States already leads the world in mass surveillance. It can lead the world in mass surveillance reform.


The Future of Foreign Intelligence

The Future of Foreign Intelligence

Author: Laura K. Donohue

Publisher: Oxford University Press

Published: 2016-02-23

Total Pages: 209

ISBN-13: 019023539X

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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, 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.


The NSA Report

The NSA Report

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

Publisher: Princeton University Press

Published: 2014-03-31

Total Pages: 287

ISBN-13: 1400851270

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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.


Report on the Telephone Records Program Conducted Under Section 215 of the USA Patriot Act and on the Operations of the Foreign Intelligence Surveillance Court

Report on the Telephone Records Program Conducted Under Section 215 of the USA Patriot Act and on the Operations of the Foreign Intelligence Surveillance Court

Author: Privacy and Civil Liberties Oversight Board

Publisher: Createspace Independent Pub

Published: 2014

Total Pages: 238

ISBN-13: 9781495319228

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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 Cost of Counterterrorism

The Cost of Counterterrorism

Author: Laura K. Donohue

Publisher: Cambridge University Press

Published: 2008-04-14

Total Pages: 512

ISBN-13: 1139469576

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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.


The Decline and Fall of the American Republic

The Decline and Fall of the American Republic

Author: Bruce Ackerman

Publisher: Harvard + ORM

Published: 2011-02-01

Total Pages: 183

ISBN-13: 0674261364

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“Audacious . . . offers a fierce critique of democracy’s most dangerous adversary: the abuse of democratic power by democratically elected chief executives.” (Benjamin R. Barber, New York Times bestselling author of Jihad vs. McWorld ) Bruce Ackerman shows how the institutional dynamics of the last half-century have transformed the American presidency into a potential platform for political extremism and lawlessness. Watergate, Iran-Contra, and the War on Terror are only symptoms of deeper pathologies. Ackerman points to a series of developments that have previously been treated independently of one another?from the rise of presidential primaries, to the role of pollsters and media gurus, to the centralization of power in White House czars, to the politicization of the military, to the manipulation of constitutional doctrine to justify presidential power-grabs. He shows how these different transformations can interact to generate profound constitutional crises in the twenty-first century?and then proposes a series of reforms that will minimize, if not eliminate, the risks going forward. “The questions [Ackerman] raises regarding the threat of the American Executive to the republic are daunting. This fascinating book does an admirable job of laying them out.” —The Rumpus “Ackerman worries that the office of the presidency will continue to grow in political influence in the coming years, opening possibilities for abuse of power if not outright despotism.” —Boston Globe “A serious attention-getter.” —Joyce Appleby, author of The Relentless Revolution “Those who care about the future of our nation should pay careful heed to Ackerman’s warning, as well as to his prescriptions for avoiding a constitutional disaster.” —Geoffrey R. Stone, author of Perilous Times


The Right to Privacy

The Right to Privacy

Author: Samuel D. Brandeis, Louis D. Warren

Publisher: BoD – Books on Demand

Published: 2018-04-05

Total Pages: 42

ISBN-13: 3732645487

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Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis


Office of the Inspector General Report

Office of the Inspector General Report

Author: Michael E. Horowitz

Publisher:

Published: 2019-12-09

Total Pages: 472

ISBN-13: 9781680923131

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This is a hard copy of the report from the Inspector General (released December 9th, 2019) regarding the review of four FISA applications and other aspects of the FBI's Crossfire Hurricane investigation. A hardback version may be found by searching for ISBN 9781680923148. The Department of Justice (Department) Office of the Inspector General (OIG) undertook this review to examine certain actions by the Federal Bureau of Investigation (FBI) and the Department during an FBI investigation opened on July 31, 2016, known as "Crossfire Hurricane," into whether individuals associated with the Donald J. Trump for President Campaign were coordinating, wittingly or unwittingly, with the Russian government's efforts to interfere in the 2016 U.S. presidential election. Our review included examining: - The decision to open Crossfire Hurricane and four individual cases on current and former members of the Trump campaign, George Papadopoulos, Carter Page, Paul Manafort, and Michael Flynn; the early investigative steps taken; and whether the openings and early steps complied with Department and FBI policies; - The FBI's relationship with Christopher Steele, whom the FBI considered to be a confidential human source (CHS); its receipt, use, and evaluation of election reports from Steele; and its decision to close Steele as an FBI CHS; - Four FBI applications filed with the Foreign Intelligence Surveillance Court (FISC) in 2016 and 2017 to conduct Foreign Intelligence Surveillance Act (FISA) surveillance targeting Carter Page; and whether these applications complied with Department and FBI policies and satisfied the government's obligations to the FISC; - The interactions of Department attorney Bruce Ohr with Steele, the FBI, Glenn Simpson of Fusion GPS, and the State Department; whether work Ohr's spouse performed for Fusion GPS implicated ethical rules applicable to Ohr; and Ohr's interactions with Department attorneys regarding the Manafort criminal case; and - The FBI's use of Undercover Employees (UCEs) and CHSs other than Steele in the Crossfire Hurricane investigation; whether the FBI placed any CHSs within the Trump campaign or tasked any CHSs to report on the Trump campaign; whether the use of CHSs and UCEs complied with Department and FBI policies; and the attendance of a Crossfire Hurricane supervisory agent at counterintelligence briefings given to the 2016 presidential candidates and certain campaign advisors.


The War On Our Freedoms

The War On Our Freedoms

Author: Richard C Leone

Publisher: PublicAffairs

Published: 2008-08-06

Total Pages: 338

ISBN-13: 0786725540

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In each generation, for different reasons, America witnesses a tug of war between the instinct to suppress and the instinct for openness. Today, with the perception of a mortal threat from terrorists, the instinct to suppress is in the ascendancy. Part of the reason for this is the trauma that our country experienced on September 11, 2001, and part of the reason is that the people who are in charge of our government are inclined to use the suppression of information as a management strategy. Rather than waiting ten or fifteen years to point out what's wrong with the current rush to limit civil liberties in the name of "national security," these essays by top thinkers, scholars, journalists, and historians lift the veil on what is happening and why the implications are dangerous and disturbing and ultimately destructive of American values and ideals. Without our even being aware, the judiciary is being undermined, the press is being intimidated, racial profiling is rampant, and our privacy is being invaded. The "war on our freedoms " is just as real as the "war on terror " -- and, in the end, just as dangerous.