Big Data Before and After Snowden

The author reflects on a symposium panel discussion on “Swimming in the Ocean of Big Data: National Security in the Age of Unlimited Information” that occurred before the Snowden disclosures. He analyzes the panel discussion in context of the time at which it occurred and compares it to what has become known since June 2013. The article then focuses on the path to reform, specifically by focusing attention on the strengths and weaknesses of data collection by both the public and private sectors.

By Stephen I. Vladeck

Stephen I. Vladeck is a Professor of Law at American University Washington College of Law, where his teaching and research focus on federal jurisdiction, constitutional law (especially the separation of powers), national security law, and international criminal law. A nationally recognized expert on the role of the federal courts in the war on terrorism, he was part of the legal team that successfully challenged the Bush Administration’s use of military tribunals at Guantánamo Bay, Cuba, in Hamdan v. Rumsfeld, 548 U.S. 557 (2006), and has co-authored amicus briefs in a host of other lawsuits challenging the U.S. government’s surveillance and detention of terrorism suspects. Vladeck has also drafted reports on related issues for a number of organizations, including the First Amendment Center, the Constitution Project, and the ABA’s Standing Committee on Law and National Security.

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