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 […]
Nathan Sales poses the question whether technology could have played a preventative role in the recent wave of security leaks. He first reviews the existing legal frameworks for adjudicating cases of criminal security leaks, and he finds only limited utility in these paradigms. He then proposes a technological supplement to these frameworks, an alternative he […]
Meyer and Berenbaum analyze the national security policy challenge in balancing protections for Intelligence Community whistleblowers and the government’s legitimate need for secrecy in order to execute the federal intelligence and counterintelligence mission. It is that need for secrecy that creates the intellectual distance between the sovereign’s requirement for information regarding the performance of the […]
George Ellard, the National Security Agency’s Inspector General, provides his insight into the true damage caused by the Snowden disclosures, with comparisons to both recent and distant past leaks.
David Cole, expanding on his recent piece in The New York Review of Books, considers the perpetrators of the major intelligence leaks currently dominating the headlines: Edward Snowden, Bradley (now Chelsea) Manning, and Julian Assange. Cole reviews the actions and avowed motivations of these individuals—noting their similarities and differences—while subjecting each situation to legal analysis. […]