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
Category: Surveillance
The NSA and Accountability in an Era of Big Data
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… Continue reading The NSA and Accountability in an Era of Big Data
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… Continue reading On the Bulk Collection of Tangible Things