Authors Sarah Eskens, Ott van Daalen, and Nico van Eijk present a set of 10 standards for oversight and transparency for surveillance by intelligence services. The authors approach these recommendations from the viewpoint of the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, and illustrate their implementation using cases from the Court of Justice of the European Union and the European Court of Human Rights.
In his essay on domestic surveillance, Philip Heymann explores the ways in which technological advancements have changed expectations of privacy and the legal protections against government intrusion. He outlines current constitutional and other legal protections, including evolving limitations on government activity that could be considered not a “search” under the Fourth Amendment. Heymann concludes with predictions about the future balance between citizens’ demands for privacy and the government need for information.
David Kris examines recent developments in foreign intelligence surveillance, including the impact of the Snowden leaks and the rise of the Islamic State of Iraq and the Levant on public and political attitudes towards electronic surveillance. In light of these developments, Kris presents several issues that he expects will surface as the 2017 expiration date of the Foreign Intelligence Surveillance Act (FISA) Amendments Act (FAA) draws near. He also addresses the longer-term impacts that other political and technological developments will have on foreign surveillance.