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.
At JNSLP’s Feb. 11, 2015 symposium on “Trial and Terrorism: The Implications of Trying National Security Cases in Article III Courts,” an expert panel was convened to discuss trends in sentencing considerations in Article III terrorism prosecutions, and what the implications for these cases portend for american foreign policy. The panel consisted of a judge, a government official and former prosecutor, academics, and sentencing experts.
This article introduces the topics to be discussed in the latest issue of JNSLP. The author argues that although readers will walk away with a greater understanding of “Big Data” generally, there still remains a need for a greater structural understanding of the subject in order to harness its power and direct its applications for the benefit of national security and the protection of civil liberties.