Tag Archives: Counterterrorism Law

Foreign Intelligence

A Review of “The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age” by Laura K. Donohue

Joel Brenner presents his critique of Professor Laura Donohue’s The Future of Foreign Intelligence, and its “full-throated denunciation of the entire legal framework regulating the government’s collection of data about American citizens and permanent residents.” He discusses her findings in detail, and in the end, finds that they both agree on a number of specific proposals, and “disagree profoundly on FISA’s rationale and constitutional limitations.”

Terrorism, the Internet, & Propaganda

Terrorism, the Internet, & Propaganda: A Deadly Combination

Ariel Lieberman outlines the evolution, content, and goals of modern terrorist propaganda on the Internet, and presents a three-pronged approach for challenging such propaganda using a combination of criminal prosecution, removal of terrorist propaganda from social media platforms, and an active counter-propaganda campaign to discredit and undermine terrorist groups.

Fourth Amendment

Rethinking Privacy: Fourth Amendment “Papers” and the Third-Party Doctrine

As the field of privacy and digital surveillance grows increasingly chaotic, Michael Price proposes a compelling supplement to the third-party doctrine. Eschewing the popular position that our privacy clashes are generational, Price instead reviews the history of Fourth Amendment jurisprudence to identify missteps in doctrine that have led us to the current impossible position. Along the way he wrestles with problems such as cloud storage and communications metadata, and he concludes with a framework that strikes a new balance between our storied civil liberties heritage and the “papers” of a big data society.