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.
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 the way he wrestles with problems such as cloud storage and communications metadata, and he concludes with a framework that strikes a new balance between our storied civil liberties heritage and the “papers” of a big data society.
In his symposium speech, the General Counsel of the National Security Agency, Raj De attempts to bridge the gap between the public discourse about NSA and the reality of the legal rules, oversight, and responsibility that currently exist at the agency. De sought to clarify NSA’s activities relating to data collection and storage and what legal authorities the agency relies on. De makes clear that certain limitations are imposed on NSA practices, including minimization and retention procedures within the agency and oversight from both the executive and legislative branches and the FISC.