The Carpenter case asks whether and how we should update Fourth Amendment doctrine to accomodate technological change. This post defends the proposition that the mosaic theory (the idea that the "whole of data is greater than the sum of its parts") is technologically accurate and a good construct for thinking about these changes. Thought of properly, Carpenter still loses -- but in a different way that is more protective of individual privacy.
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The European Commission, in its first review of the EU-U.S. Privacy Shield framework, has determined that the U.S. is in compliance. This post summarizes the EC’s findings and recommendations.
"Beyond Snowden" provides a valuable insight into both sides of the surveillance debate.
"Beyond Snowden" makes a call for more transparency that many in the intelligence community support.
"Beyond Snowden" makes an important contribution to surveillance literature but falls short in its depth of analysis of Section 702 of the FISA Amendments Act.
"Beyond Snowden" prompts serious consideration of the badly broken oversight system for U.S. surveillance programs
"Beyond Snowden" blends a personal narrative of government service with proposed reforms to intelligence law and policy to make an entertaining and readable volume.
"Beyond Snowden" is a complex mosaic of surveillance issues and those wonks who wrestle with them
Transparency is not an intrinsic good–it is a principle in the service of the greater objective of checking malfeasance, misfeasance, and nonfeasance by government officials.