Category Archives: Vol. 7 No. 2

Big Data | JNSLP 7:2 goes in-depth on Big Data, the subject of the journal’s 2014 symposium. Bulk collection and counterterrorism, surveillance, the FISA court, NSA, the Fourth Amendment, Edward Snowden, technological advances, and more come under scrutiny.

On the Bulk Collection of Tangible Things

This article examines the controversy surrounding bulk telephone metadata collection that has ensued since their disclosure in June 2013. The author analyzes the “use of tangible things” provision to acquire telephony metadata, including limitations on this practice, the statutory issues such a practice raises, and the ways in which the Foreign Intelligence Surveillance Court has decided on the issue since 2006. This article concludes that the Executive’s response, as delineated in a January 2014 speech, has yet to be fully implemented; however, the author argues that the disclosures have nonetheless raised new questions about the relative values of privacy and transparency in US intelligence.