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The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age (Inalienable Rights), by Laura K. Donohue
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Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States.
As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. Together with statutory alterations instituted in the wake of 9/11, and secret legal interpretations that have only recently become public, new and emerging technologies have radically expanded the amount and type of information that the government collects about U.S. citizens. Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. Information that is being collected for foreign intelligence purposes, though, is now being used for criminal prosecution. The expansion in the government's acquisition of private information, and the convergence between national security and criminal law threaten individual liberty.
Donohue traces the evolution of U.S. foreign intelligence law and pairs it with the progress of Fourth Amendment jurisprudence. She argues that the bulk collection programs instituted by the National Security Agency amount to a general warrant, the prevention of which was the reason the Founders introduced the Fourth Amendment. The expansion of foreign intelligence surveillanceleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandnow threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers a road map for reining in the national security state's expansive reach, arguing for a judicial re-evaluation of third party doctrine and statutory reform that will force the executive branch to take privacy seriously, even as Congress provides for the collection of intelligence central to U.S. national security. Alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.
- Sales Rank: #400001 in Books
- Published on: 2016-03-22
- Original language: English
- Number of items: 1
- Dimensions: 5.80" h x 1.00" w x 8.40" l, .0 pounds
- Binding: Hardcover
- 208 pages
About the Author
Laura K. Donohue, J.D., Ph.D. is a Professor of Law at Georgetown Law, Director of the Georgetown Law Center on National Security and the Law, and Director of the Georgetown Law Center on Privacy & Technology.
Most helpful customer reviews
0 of 0 people found the following review helpful.
Well Researched.
By Book Him Danno
Wow or Wow! So much to think about that I am not sure more than wow. I found this interesting, insightful, well research without being boring and wordy. This was political but it is almost impossible to write anything without take onside or another.
If you are interested in the world around you and what the future hold for not just the USA but the world pick up this book.
AC fro Netgalley
3 of 3 people found the following review helpful.
Excellent
By Autamme_dot_com
If you have more than a passing interest in privacy and surveillance in a digital age, politics or foreign intelligence or if you just fancy something different to read, this book could be something to strongly consider.
Foreign intelligence gathering is changing. With digitalisation it is a lot easier to suck up all of the digital information available, even though more is being produced because it is easier to do so in a digital domain. Society is increasingly dependent on technology as well. What a great target for a foreign intelligence service and its military… Of course, you can expect that the United States and its various intelligence and military agencies are scouting around other countries sniffing for information but then, on the other hand, they know others are trying (or doing) the same to them.
It is a different time too. Viewed through the lens of America, previously the Courts and Congress historically gave the President leeway to obtain foreign intelligence, but to find information about someone in the United States it had to be showed that the person was an agent of a foreign power. This no longer applies, so Uncle Sam can search any and all data looking for potential threats to the country (so the law states). No constitutional protection may apply after all!
The author has pulled a lot of information together to produce this interesting, informative book that traces the development of foreign intelligence, surveillance and information gathering. It is written from the U.S. perspective but obviously has a broad worldview.
Delving through history is illuminative. Within six months of the first-ever State of the Union address of the independent United States of America, the fledgling Congress had established at the President’s wish a “secret service fund” for foreign intelligence gathering. Since then things have expanded somewhat rapidly. Has underlying laws kept up with the growth in intelligence gathering? The author is not so sure.
Technological changes and increasing globalisation have contributed to this latter problem and made it more acute. Meanwhile “Big Brother” will continue gathering its information. Gather first and ask questions and express “regret” later, so it seems.
All in all, this is a fascinating, comprehensive, troubling and addictive book. Even for a non-American (who thus is “fair game” for anything Uncle Sam may wish to try and gather, even though hopefully this reviewer is sufficiently boring not to be of interest to the intelligence community). For an American, it may be a different kettle of fish.
Of course, “being of interest” is a very broad term. Commercial interests can be very powerful and intelligence agencies have been known to assist commercial entities when the “national interest” card is played. This is not unique to the United States and, of course, with the long-march to digitalisation, information stored is easier to get for even a well-intentioned smaller foreign state than before. In the days of paper, it may require a well-resourced and focussed intelligence agency to have a good chance of getting the goods. Today, if a spotty teenage hacker sitting in their bedroom can break into many systems and extract masses of information, imagine what a state-sanctioned agency can do en masse if it tries.
Now, if one is paranoid, maybe some intelligence agencies have already gathered up this review and the notes taken some weeks ago, before it is even published. The data was sent via a large online provider’s mail service and stored in a cloud service. So this review is sitting somewhere in a database, probably not being read, but that is not the point. Information is gathered first and analysed at will and according to need.
Welcome to 2016.
0 of 0 people found the following review helpful.
Explanation & contextualization of national security vs privacy issues
By Earl
The Future of Foreign Intelligence by Laura K. Donohue is a fascinating and alarming work that looks at the difficult task of balancing intelligence gathering with privacy issues, primarily through the lens of national security law.
Donohue presents the historical background of foreign intelligence gathering dating to the beginning of the country then looks closely at what has changed to bring us to this point in time. The advent of the internet and the ease of electronic communication have become embedded in citizen's everyday lives often without the realization of how easily every word or image they send can be tracked.
This is a fair and balanced look at how we might be able to find that point where security interests are maintained without the collection of so much mass data. The old "if you aren't doing anything wrong you have nothing to worry about" argument to being surveilled misses the point entirely. If our communications are being saved and for some reason a person becomes a "person of interest" for political rather than legal or security reasons, that data can be used to intimidate or, if manipulated and spun, used to discredit. All without that person having done anything wrong.
This book is a wonderful read for anyone interested in the area of security and privacy law as well as anyone interested more generally in surveillance issues as they apply domestically as well as internationally. Donohue has given us the background we need to read today's news stories and understand significantly better the issues at stake for both privacy and national security.
Reviewed from a copy made available by the publisher via NetGalley.
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