The Future of Foreign Intelligence Privacy and Surveillance in a Digital Age (Audible Audio Edition) Laura K Donohue Dina Pearlman Audible Studios Books
Download As PDF : The Future of Foreign Intelligence Privacy and Surveillance in a Digital Age (Audible Audio Edition) Laura K Donohue Dina Pearlman Audible Studios Books
Since the Revolutionary War, America's military and political leaders have recognized that US 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 US 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 US 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 surveillance leant momentum by advances in technology, the global war on terror, and the emphasis on securing the homeland now 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 US national security. Alarming and penetrating, this is essential listening for anyone interested in the future of foreign intelligence and privacy in the United States.
The Future of Foreign Intelligence Privacy and Surveillance in a Digital Age (Audible Audio Edition) Laura K Donohue Dina Pearlman Audible Studios Books
Fantastic book by Professor Donohue. She's a very clear and engaging writer, and her passion for the subject is obvious. The only reasons I haven't given five stars is because I wish she had: 1. Provided more extensive sourcing; 2. Explained and refuted counter arguments more often; 3. Written more.However, I understand that this book was intended to appeal to both to novices and experts. This would, I think, be a very good introduction to the area of surveillance and Fourth Amendment law. For those with experience and knowledge, this is a concise articulation of the legal concepts and technologies at issue, which has been arranged beautifully and clearly. Professor Donohue also brings together a lot of the surveillance technologies and legal arguments for/against into one place. Which, indeed, is part and parcel of her overall point that the confluence of technologies, ease of access they provide, and wealth of information well beyond that originally intended undermines outdated legal doctrines.
I may not agree with all of her points, but it is a very engaging and informative read that highlights the impact of current doctrines and new technologies. Highly recommended.
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The Future of Foreign Intelligence Privacy and Surveillance in a Digital Age (Audible Audio Edition) Laura K Donohue Dina Pearlman Audible Studios Books Reviews
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.
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.
I found the book helpful. It's good background for anyone trying to understand balancing foreign intelligence agaiant privacy.
Excellent read and rapid delivery.
Book provides a useful, concise overview of foreign intelligence/FISA. Equally as important, Professor Donohue explains the legal background for these activities, which is essential for her conclusion that urgent reform is needed. This book is certainly worthwhile to students expecting to enter the National Security field, and even those who already have a basic understanding. You don’t have to agree with the author on everything to learn something from this book (trust me). This book will not disappoint those who have become accustomed to Professor Donohue’s high-quality, articulate writings. Lastly, footnotes are at the end of the book which increases the book’s readability.
Fantastic book by Professor Donohue. She's a very clear and engaging writer, and her passion for the subject is obvious. The only reasons I haven't given five stars is because I wish she had 1. Provided more extensive sourcing; 2. Explained and refuted counter arguments more often; 3. Written more.
However, I understand that this book was intended to appeal to both to novices and experts. This would, I think, be a very good introduction to the area of surveillance and Fourth Amendment law. For those with experience and knowledge, this is a concise articulation of the legal concepts and technologies at issue, which has been arranged beautifully and clearly. Professor Donohue also brings together a lot of the surveillance technologies and legal arguments for/against into one place. Which, indeed, is part and parcel of her overall point that the confluence of technologies, ease of access they provide, and wealth of information well beyond that originally intended undermines outdated legal doctrines.
I may not agree with all of her points, but it is a very engaging and informative read that highlights the impact of current doctrines and new technologies. Highly recommended.
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