The current legislative and oversight activity with respect to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) has drawn national attention to several overarching issues. This book outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions are implicated in this debate - the Fourth and Fifth Amendments.

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.

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

Pulitzer Prize-winning journalist Charlie Savage's penetrating investigation of the Obama presidency and the national security state. Barack Obama campaigned on changing George W. Bush's "global war on terror" but ended up entrenching extraordinary executive powers, from warrantless surveillance and indefinite detention to military commissions and targeted killings. Then Obama found himself bequeathing those authorities to Donald Trump. How did the United States get here? In Power Wars, Charlie Savage reveals high-level national security legal and policy deliberations in a way no one has done before. He tells inside stories of how Obama came to order the drone killing of an American citizen, preside over an unprecendented crackdown on leaks, and keep a then-secret program that logged every American's phone calls. Encompassing the first comprehensive history of NSA surveillance over the past forty years as well as new information about the Osama bin Laden raid, Power Wars equips readers to understand the legacy of Bush's and Obama's post-9/11 presidencies in the Trump era.

While there is no easy way to define terrorism, it may generally be viewed as a method of violence in which civilians are targeted with the objective of forcing a perceived enemy into submission by creating fear, demoralization, and political friction in the population under attack. At one time a marginal field of study in the social sciences, terrorism is now very much in center stage. The 1970s terrorist attacks by the PLO, the Provisional Irish Republican Army, the Popular Front for the Liberation of Palestine, the Japanese Red Army, the Unabomber, Aum Shinrikyo, Timothy McVeigh, the World Trade Center attacks, the assault on a school in Russia, and suicide bombers have all made the term "terrorism" an all-too-common part of our vocabulary. This edition was originally published in the 1980s, well before some of the horrific events noted above. This monumental collection of definitions, conceptual frameworks, paradigmatic formulations, and bibliographic sources is being reissued in paperback now as a resource for the expanding community of researchers on the subject of terrorism. This is a carefully constructed guide to one of the most urgent issues of the world today.

Safeguarding Our Privacy and Our Values in an Age of Mass Surveillance America’s mass surveillance programs, once secret, can no longer be ignored. While Edward Snowden began the process in 2013 with his leaks of top secret documents, the Obama administration’s own reforms have also helped bring the National Security Agency and its programs of signals intelligence collection out of the shadows. The real question is: What should we do about mass surveillance? Timothy Edgar, a long-time civil liberties activist who worked inside the intelligence community for six years during the Bush and Obama administrations, believes that the NSA’s programs are profound threat to the privacy of everyone in the world. At the same time, he argues that mass surveillance programs can be made consistent with democratic values, if we make the hard choices needed to bring transparency, accountability, privacy, and human rights protections into complex programs of intelligence collection. Although the NSA and other agencies already comply with rules intended to prevent them from spying on Americans, Edgar argues that the rules—most of which date from the 1970s—are inadequate for this century. Reforms adopted during the Obama administration are a good first step but, in his view, do not go nearly far enough. Edgar argues that our communications today—and the national security threats we face—are both global and digital. In the twenty first century, the only way to protect our privacy as Americans is to do a better job of protecting everyone’s privacy. Beyond Surveillance: Privacy, Mass Surveillance, and the Struggle to Reform the NSA explains both why and how we can do this, without sacrificing the vital intelligence capabilities we need to keep ourselves and our allies safe. If we do, we set a positive example for other nations that must confront challenges like terrorism while preserving human rights. The United States already leads the world in mass surveillance. It can lead the world in mass surveillance reform.