Is the Fourth Amendment Really for Sale? The Defense Intelligence Agency’s Purchase of Commercially Available Data

By US Army Maj. Steven Szymanski Introduction The commercial data market has exploded.  Data has even been dubbed “the oil of the 21st century.”[1]  Aiming to capitalize on this blossoming industry, data brokerage companies have emerged to collect, collate, and sell personal data from nearly everyone who uses the Internet.[2]  New online data auctions occur… Continue reading Is the Fourth Amendment Really for Sale? The Defense Intelligence Agency’s Purchase of Commercially Available Data

Effective Oversight of Large-Scale Surveillance Activities: A Human Rights Perspective

Daragh Murray, Pete Fussey, Lorna McGregor, and Maurice Sunkin explore the international human rights law implications of state surveillance. Today, state surveillance involves the large-scale collection and analysis of digital data—activities which allow for widespread monitoring of citizens. And while commentary on the legality of these bulk surveillance regimes has focused on whether this routine… Continue reading Effective Oversight of Large-Scale Surveillance Activities: A Human Rights Perspective

The NSA’s New SIGINT Annex

Previously been published in Lawfare (Jan. 15, 2021), in this paper David Kris reviews new National Security Agency guidance designed to regulate signals intelligence (SIGINT) activity that implicates US persons’ privacy and the Fourth Amendment. Officially an annex to the manual of rules governing all DOD elements—DOD Manual 5240.01—the new “SIGINT Annex” replaces the prior… Continue reading The NSA’s New SIGINT Annex