The rich legal literature that has grown up to assess the constitutionality of bulk communications collection by the government has focused overwhelmingly—and understandably—on the challenge such programs pose to particular claims of individual right against the state, yet attempting to describe what seems troubling about bulk collection in terms of individual rights alone has significant… Continue reading Before Privacy, Power: The Structural Constitution & the Challenge of Mass Surveillance
Tag: Privacy
Beyond Privacy & Security: The Role of the Telecommunications Industry in Electronic Surveillance
From the perspective of private industry, Mieke Eoyang examines the interplay between US national security electronic surveillance and the US telecommunications companies that are necessary intermediaries for this surveillance, tracing the history of major surveillance programs and identifying key areas of tension. Eoyang recommends reforms including a court process for government access to overseas data… Continue reading Beyond Privacy & Security: The Role of the Telecommunications Industry in Electronic Surveillance
Rethinking Privacy: Fourth Amendment “Papers” and the Third-Party Doctrine
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… Continue reading Rethinking Privacy: Fourth Amendment “Papers” and the Third-Party Doctrine