Download or read book The Fourth Amendment in an Age of Surveillance written by David Gray and published by Cambridge University Press. This book was released on 2017-04-24 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an originalist rereading of the Fourth Amendment that reveals when and how contemporary surveillance technologies should be subject to constitutional regulation.

Download or read book The Fourth Amendment in an Age of Surveillance written by David Gray and published by Cambridge University Press. This book was released on 2017-04-24 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fourth Amendment is facing a crisis. New and emerging surveillance technologies allow government agents to track us wherever we go, to monitor our activities online and offline, and to gather massive amounts of information relating to our financial transactions, communications, and social contacts. In addition, traditional police methods like stop-and-frisk have grown out of control, subjecting hundreds of thousands of innocent citizens to routine searches and seizures. In this work, David Gray uncovers the original meaning of the Fourth Amendment to reveal how its historical guarantees of collective security against threats of 'unreasonable searches and seizures' can provide concrete solutions to the current crisis. This important work should be read by anyone concerned with the ongoing viability of one of the most important constitutional rights in an age of increasing government surveillance.

Download or read book Privacy at Risk written by Christopher Slobogin and published by University of Chicago Press. This book was released on 2008-09-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Without our consent and often without our knowledge, the government can constantly monitor many of our daily activities, using closed circuit TV, global positioning systems, and a wide array of other sophisticated technologies. With just a few keystrokes, records containing our financial information, phone and e-mail logs, and sometimes even our medical histories can be readily accessed by law enforcement officials. As Christopher Slobogin explains in Privacy at Risk, these intrusive acts of surveillance are subject to very little regulation. Applying the Fourth Amendment’s prohibition on unreasonable searches and seizures, Slobogin argues that courts should prod legislatures into enacting more meaningful protection against government overreaching. In setting forth a comprehensive framework meant to preserve rights guaranteed by the Constitution without compromising the government’s ability to investigate criminal acts, Slobogin offers a balanced regulatory regime that should intrigue everyone concerned about privacy rights in the digital age.

Download or read book Unwarranted written by Barry Friedman and published by Farrar, Straus and Giroux. This book was released on 2017-02-21 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: “At a time when policing in America is at a crossroads, Barry Friedman provides much-needed insight, analysis, and direction in his thoughtful new book. Unwarranted illuminates many of the often ignored issues surrounding how we police in America and highlights why reform is so urgently needed. This revealing book comes at a critically important time and has much to offer all who care about fair treatment and public safety.” —Bryan Stevenson, founder and Executive Director of the Equal Justice Initiative and author of Just Mercy: A Story of Justice and Redemption In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. And the courts, which we depended upon to supervise policing, have let us down entirely. Unwarranted tells the stories of ordinary people whose lives were torn apart by policing—by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem. Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us.

Download or read book The Future of Foreign Intelligence written by Laura K. Donohue and published by Oxford University Press. This book was released on 2016-02-23 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Smart Surveillance written by Ric Simmons and published by Cambridge University Press. This book was released on 2019-08-22 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last decade, law enforcement agencies have engaged in increasingly intrusive surveillance methods, from location tracking on cell phones to reading metadata off of e-mails. As a result, many believe we are heading towards an omniscient surveillance state and irrevocable damage to our privacy rights. In Smart Surveillance, Ric Simmons challenges this conventional wisdom by taking a broader look at the effect of new technologies and privacy, arguing that advances in technology can enhance our privacy and our security at the same time. Rather than focusing exclusively on the rise of invasive surveillance technologies, Simmons proposes a fundamentally new method of evaluating government searches - based on quantification, transparency, and efficiency - resulting in a legal regime that can adapt as technology and society change.

Download or read book Privacy in the Digital Age written by Nancy S. Lind and published by Bloomsbury Publishing USA. This book was released on 2015-06-19 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of expert essays examines the privacy rights that have been lost in the post-9/11 era—giving students and others the knowledge they need to take back their constitutional protections. This timely two-volume collection shares information every citizen should have, tackling the erosion of privacy rights engendered by the ability of digital technology to intercept, mine, and store personal data, most often without the knowledge of those being monitored. Examining its subject through the lens of Fourth Amendment rights, the work focuses on technological advances that now gather personal data on an unprecedented scale, whether by monitoring social media, tracking cell phones, or using thermal imaging to watch people's movement. It also examines the possible impact of the widespread gathering of such data by law enforcement and security agencies and by private corporations such as Google. Organized by hot-button topics confronting U.S. citizens in the post-9/11 era, the work reviews the original intent of the Fourth Amendment and then traces the development and erosion of interpretations of that amendment in the 21st century. Topical essays offer a comprehensive treatment and understanding of current Fourth Amendment issues, including those that have been brought before the courts and those relative to the continuing governmental and societal emphasis on security and public safety since the Columbine shootings in 1999 and the events of September 11, 2001.

Download or read book Nothing to Hide written by Daniel J. Solove and published by Yale University Press. This book was released on 2011-05-31 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: "If you've got nothing to hide," many people say, "you shouldn't worry about government surveillance." Others argue that we must sacrifice privacy for security. But as Daniel J. Solove argues in this important book, these arguments and many others are flawed. They are based on mistaken views about what it means to protect privacy and the costs and benefits of doing so. The debate between privacy and security has been framed incorrectly as a zero-sum game in which we are forced to choose between one value and the other. Why can't we have both? In this concise and accessible book, Solove exposes the fallacies of many pro-security arguments that have skewed law and policy to favor security at the expense of privacy. Protecting privacy isn't fatal to security measures; it merely involves adequate oversight and regulation. Solove traces the history of the privacy-security debate from the Revolution to the present day. He explains how the law protects privacy and examines concerns with new technologies. He then points out the failings of our current system and offers specific remedies. Nothing to Hide makes a powerful and compelling case for reaching a better balance between privacy and security and reveals why doing so is essential to protect our freedom and democracy"--Jacket.

Download or read book More Essential Than Ever written by Stephen J. Schulhofer and published by Oxford University Press. This book was released on 2012-08-23 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Stephen Shulhofer explores the changes wrought by the new surveillance regime through the lens of the Fourth Amendment's meaning and history. companies and the state use to scrutinize us, this book makes a powerful case for the importance of the Fourth Amendment in protecting both privacy rights and civil liberties in our surveillance age.

Download or read book The Cambridge Handbook of Surveillance Law written by David Gray and published by Cambridge University Press. This book was released on 2017-09-30 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: Surveillance presents a conundrum: how to ensure safety, stability, and efficiency while respecting privacy and individual liberty. From police officers to corporations to intelligence agencies, surveillance law is tasked with striking this difficult and delicate balance. That challenge is compounded by ever-changing technologies and evolving social norms. Following the revelations of Edward Snowden and a host of private-sector controversies, there is intense interest among policymakers, business leaders, attorneys, academics, students, and the public regarding legal, technological, and policy issues relating to surveillance. This handbook documents and organizes these conversations, bringing together some of the most thoughtful and impactful contributors to contemporary surveillance debates, policies, and practices. Its pages explore surveillance techniques and technologies; their value for law enforcement, national security, and private enterprise; their impacts on citizens and communities; and the many ways societies do-and should-regulate surveillance.

Download or read book Privacy in the Face of Surveillance written by Naval Postgraduate Naval Postgraduate School and published by CreateSpace. This book was released on 2015-05-14 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: Facial recognition technology adds a new dimension to government and police surveillance. If these organizations were to employ active surveillance using facial recognition technology, the implication could mean that people appearing in public places no longer have an expectation of privacy in anonymity. Real-time identification using facial recognition surveillance technology is not currently ready for successful employment by law enforcement or government agencies, but the speed with which the technology is being developed means that a constitutional challenge to this new technology will serve as a turning point for the future of Fourth Amendment privacy jurisprudence and shape the future of surveillance in the digital age. This research explores the history and current state of facial recognition technology and examines the impacts of surveillance on privacy expectations. This thesis also reviews existing Fourth Amendment legal protections of privacy through a review of cases relating to government surveillance and privacy. The research effort finds that while facial recognition surveillance does not expressly violate current privacy protections, the courts have historically matured with advancing technology, and future court decisions are likely to decide soon whether the Fourth Amendment leans more toward safeguarding privacy or security when it comes to facial recognition surveillance.

Download or read book The Rise of Big Data Policing written by Andrew Guthrie Ferguson and published by NYU Press. This book was released on 2019-11-15 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, 2018 Law & Legal Studies PROSE Award The consequences of big data and algorithm-driven policing and its impact on law enforcement In a high-tech command center in downtown Los Angeles, a digital map lights up with 911 calls, television monitors track breaking news stories, surveillance cameras sweep the streets, and rows of networked computers link analysts and police officers to a wealth of law enforcement intelligence. This is just a glimpse into a future where software predicts future crimes, algorithms generate virtual “most-wanted” lists, and databanks collect personal and biometric information. The Rise of Big Data Policing introduces the cutting-edge technology that is changing how the police do their jobs and shows why it is more important than ever that citizens understand the far-reaching consequences of big data surveillance as a law enforcement tool. Andrew Guthrie Ferguson reveals how these new technologies —viewed as race-neutral and objective—have been eagerly adopted by police departments hoping to distance themselves from claims of racial bias and unconstitutional practices. After a series of high-profile police shootings and federal investigations into systemic police misconduct, and in an era of law enforcement budget cutbacks, data-driven policing has been billed as a way to “turn the page” on racial bias. But behind the data are real people, and difficult questions remain about racial discrimination and the potential to distort constitutional protections. In this first book on big data policing, Ferguson offers an examination of how new technologies will alter the who, where, when and how we police. These new technologies also offer data-driven methods to improve police accountability and to remedy the underlying socio-economic risk factors that encourage crime. The Rise of Big Data Policing is a must read for anyone concerned with how technology will revolutionize law enforcement and its potential threat to the security, privacy, and constitutional rights of citizens. Read an excerpt and interview with Andrew Guthrie Ferguson in The Economist.

Download or read book Privacy in the Face of Surveillance written by Naval Postgraduate Naval Postgraduate School and published by Createspace Independent Publishing Platform. This book was released on 2015-12-31 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: Facial recognition technology adds a new dimension to government and police surveillance. If these organizations were to employ active surveillance using facial recognition technology, the implication could mean that people appearing in public places no longer have an expectation of privacy in anonymity. Real-time identification using facial recognition surveillance technology is not currently ready for successful employment by law enforcement or government agencies, but the speed with which the technology is being developed means that a constitutional challenge to this new technology will serve as a turning point for the future of Fourth Amendment privacy jurisprudence and shape the future of surveillance in the digital age. This book explores the history and current state of facial recognition technology and examines the impacts of surveillance on privacy expectations. This book also reviews existing Fourth Amendment legal protections of privacy through a review of cases relating to government surveillance and privacy. The research effort finds that while facial recognition surveillance does not expressly violate current privacy protections, the courts have historically matured with advancing technology, and future court decisions are likely to decide soon whether the Fourth Amendment leans more toward safeguarding privacy or security when it comes to facial recognition surveillance.

Download or read book Constitutional Limits on Surveillance written by Deven R. Desai and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting associational freedom is a core, independent yet unappreciated part of the Fourth Amendment. New surveillance techniques threaten that freedom. Surveillance is no longer forward looking. Law enforcement can obtain the same, if not more, information about all of us by looking backward. Forward-looking surveillance has limits. Some limits are practical such as the cost to place a person in a car to follow a suspect. There are also procedural limits, such as the requirement that surveillance relate to criminal activity. In addition, surveillance such as wiretapping and using a GPS tracker often requires a warrant. Warrants involve review by a neutral magistrate. The warrant sets limits on what information may be collected, how it is collected, and how it can be used. The surveillance is also time limited and requires continual justification to a judge, or the surveillance will be shut down. With backward-looking surveillance all of these protections are gone. Law enforcement can now use low-cost technology to track us or need only ask a business for the record of where we went, whom we called, what we read, and more. Revelation of the NSA's vast Prism surveillance project is but the most recent example of law enforcement engaging in this sort of over-reaching surveillance. The FBI has previously deployed similar programs to read mail, obtain lists of books read, demand member lists, and generate watch lists of people to round up in case of national emergency. The efforts vary; the harm is the same. Law enforcement has a perfect picture of our activities and associations regardless of whether they are criminal. With digital records these harms are more acute. Once the data about our activities is gathered, law enforcement may keep that data indefinitely. They have a data hoard. That hoard grows with each new data request. Once created, the hoard can be continually rifled to investigate us but without any oversight. In short, data hoards present new ways to harm associational freedom. Yet, our current understanding of associational freedom is thin. We over-focus on speech and miss the importance of the precursors to speech -- the ability to share, explore, accept, and reject ideas and then choose whether to speak. Recent work has shown, however, that the Constitution protects many activities that are not speech, for example petition and assembly, because the activities enable self-governance and foster the potential for speech. That work has looked to the First Amendment. I show that these concerns also appear in Fourth Amendment jurisprudence and work to protect us from surveillance regardless of whether the acts are speech or whether they are private. Drawing on Fourth Amendment principles, I show how warrant procedures, especially the idea of return, which would require deletion of data after an investigation, must be in place for backward-looking surveillance. This shift will allow law enforcement to access data, but limit the ability to overreach and threaten associational freedom. In short, when new surveillance techniques threaten associational freedom, they must be subject to proper Constitutional limits. This Article explains why those limits are needed, when they must be in place, and how they operate.

Download or read book American Spies written by Jennifer Stisa Granick and published by Cambridge University Press. This book was released on 2017-01-16 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: US intelligence agencies - the eponymous American spies - are exceedingly aggressive, pushing and sometimes bursting through the technological, legal and political boundaries of lawful surveillance. Written for a general audience by a surveillance law expert, this book educates readers about how the reality of modern surveillance differs from popular understanding. Weaving the history of American surveillance - from J. Edgar Hoover through the tragedy of September 11th to the fusion centers and mosque infiltrators of today - the book shows that mass surveillance and democracy are fundamentally incompatible. Granick shows how surveillance law has fallen behind while surveillance technology has given American spies vast new powers. She skillfully guides the reader through proposals for reining in massive surveillance with the ultimate goal of surveillance reform.

Download or read book The Cambridge Handbook of Policing in the United States written by Tamara Rice Lave and published by Cambridge University Press. This book was released on 2019-07-04 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive collection on police and policing, written by experts in political theory, sociology, criminology, economics, law, public health, and critical theory.

Download or read book Privacy in the Modern Age written by Marc Rotenberg and published by New Press, The. This book was released on 2015-05-12 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: The threats to privacy are well known: the National Security Agency tracks our phone calls; Google records where we go online and how we set our thermostats; Facebook changes our privacy settings when it wishes; Target gets hacked and loses control of our credit card information; our medical records are available for sale to strangers; our children are fingerprinted and their every test score saved for posterity; and small robots patrol our schoolyards and drones may soon fill our skies. The contributors to this anthology don't simply describe these problems or warn about the loss of privacy—they propose solutions. They look closely at business practices, public policy, and technology design, and ask, “Should this continue? Is there a better approach?” They take seriously the dictum of Thomas Edison: “What one creates with his hand, he should control with his head.” It's a new approach to the privacy debate, one that assumes privacy is worth protecting, that there are solutions to be found, and that the future is not yet known. This volume will be an essential reference for policy makers and researchers, journalists and scholars, and others looking for answers to one of the biggest challenges of our modern day. The premise is clear: there's a problem—let's find a solution.