The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age

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Laura K. Donohue (Professor of Law, Professor of Law, Georgetown University Law School)

The Future of Foreign Intelligence

Privacy and Surveillance in a Digital Age

Laura K. Donohue (Professor of Law, Professor of Law, Georgetown University Law School)

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English

Oxford University Press Inc
22 February 2016

International relations; Public international law; Human rights & civil liberties law; Terrorism law

Series: Inalienable Rights

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 surveillanceDLleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandDLnow 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.

By: Laura K. Donohue (Professor of Law Professor of Law Georgetown University Law School)
Imprint: Oxford University Press Inc
Country of Publication: United States
Dimensions: Height: 145mm, Width: 211mm, Spine: 25mm
Weight: 312g
ISBN: 9780190235383
ISBN 10: 0190235381
Series: Inalienable Rights
Pages: 204
Publication Date: 22 February 2016
Audience: College/higher education , Professional and scholarly , A / AS level , Further / Higher Education
Format: Hardback
Publisher's Status: Active

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.