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Balancing Civil Rights And National Security
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Book Synopsis The Future of Foreign Intelligence by : Laura K. Donohue
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.
Author :President's Review Group on Intelligence and Communications Technologies, The Publisher :Princeton University Press ISBN 13 :1400851270 Total Pages :287 pages Book Rating :4.4/5 (8 download)
Book Synopsis The NSA Report by : President's Review Group on Intelligence and Communications Technologies, The
Download or read book The NSA Report written by President's Review Group on Intelligence and Communications Technologies, The and published by Princeton University Press. This book was released on 2014-03-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
Book Synopsis Terror in the Balance by : Eric A. Posner
Download or read book Terror in the Balance written by Eric A. Posner and published by Oxford University Press. This book was released on 2007-01-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.
Book Synopsis American National Security and Civil Liberties in an Era of Terrorism by : David B. Cohen
Download or read book American National Security and Civil Liberties in an Era of Terrorism written by David B. Cohen and published by Palgrave Us, Print Us. This book was released on 2004-04-17 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the ongoing war against terrorism, can the United States maintain its dedication to protecting civil liberties without compromising security? At stake is nothing less than whether the ideas associated with the modern period of political philosophy, the freedom of conscience, the inviolable rights of the individual to privacy, the constitutionally limited state, as well as the more recent refinement of late modern liberalism, multiculturalism, can survive. Contributors evaluate the need to reassess the nation's public policies, institutions, as well as its very identity. The struggle to persist as an open society in the age of terrorism will be the defining test of democracy in the twenty-first century.
Download or read book Terrorism written by A.L. Jr Kirk and published by . This book was released on 2013-02-18 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is an on-going argument between the balance of homeland security and civil rights and liberties amongst scholars, law enforcement professionals, academia, social and political scientists, and citizens of the United States. In the growing face of terrorist threat, many have sided on the side of security over rights provided by the U.S. Constitution. Much of the beginning of the new millennia, laws and executive orders has been issued to stifle much of the liberties of citizens, such as the USA Patriot Act and National Defense Authorization Act. A. L. Kirk provides a research that targets the meaning of terrorism, homeland security, historical prevention measures, and legal precedence on balancing homeland security and the U.S. Constitution. He also provides a five component plan to implement and maintain a healthy balance for security and civil liberties. The five component plan includes balance, prevent, secure, educate, and maintain. Implementing this framework will provide security, ensure freedoms, and target resources.This book is a synopsis of terrorism and Constitutional rights; to enable the average person to grasp the concepts of security and liberites.
Author : Publisher :Campbell Public Affairs Instit Hip and Public Affairs Syracu ISBN 13 :9780972051224 Total Pages :238 pages Book Rating :4.0/5 (512 download)
Book Synopsis National Security and Open Government by :
Download or read book National Security and Open Government written by and published by Campbell Public Affairs Instit Hip and Public Affairs Syracu. This book was released on 2003 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Terror, Security, and Money by : John Mueller
Download or read book Terror, Security, and Money written by John Mueller and published by OUP USA. This book was released on 2011-10-07 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In seeking to evaluate the efficacy of post-9/11 homeland security expenses--which have risen by more than a trillion dollars, not including war costs--the common query has been, "Are we safer?" This, however, is the wrong question. Of course we are "safer"--the posting of a single security guard at one building's entrance enhances safety. The correct question is, "Are any gains in security worth the funds expended?"In this engaging, readable book, John Mueller and Mark Stewart apply risk and cost-benefit evaluation techniques to answer this very question. This analytical approach has been used throughout the world for decades by regulators, academics, and businesses--but, as a recent National Academy of Science study suggests, it has never been capably applied by the people administering homeland security funds. Given the limited risk terrorism presents, expenses meant to lower it have for the most part simply not been worth it. For example, to be considered cost-effective, increased American homeland security expenditures would have had each year to have foiled up to 1,667 attacks roughly like the one intended on Times Square in 2010--more than four a day. Cataloging the mistakes that the US has made--and continues to make--in managing homeland security programs, Terror, Security, and Money has the potential to redirect our efforts toward a more productive and far more cost-effective course.
Book Synopsis Nothing to Hide by : Daniel J. Solove
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.
Book Synopsis Protecting Individual Privacy in the Struggle Against Terrorists by : National Research Council
Download or read book Protecting Individual Privacy in the Struggle Against Terrorists written by National Research Council and published by National Academies Press. This book was released on 2008-10-26 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: All U.S. agencies with counterterrorism programs that collect or "mine" personal data-such as phone records or Web sites visited-should be required to evaluate the programs' effectiveness, lawfulness, and impacts on privacy. A framework is offered that agencies can use to evaluate such information-based programs, both classified and unclassified. The book urges Congress to re-examine existing privacy law to assess how privacy can be protected in current and future programs and recommends that any individuals harmed by violations of privacy be given a meaningful form of redress. Two specific technologies are examined: data mining and behavioral surveillance. Regarding data mining, the book concludes that although these methods have been useful in the private sector for spotting consumer fraud, they are less helpful for counterterrorism because so little is known about what patterns indicate terrorist activity. Regarding behavioral surveillance in a counterterrorist context, the book concludes that although research and development on certain aspects of this topic are warranted, there is no scientific consensus on whether these techniques are ready for operational use at all in counterterrorism.
Book Synopsis Engaging Privacy and Information Technology in a Digital Age by : National Research Council
Download or read book Engaging Privacy and Information Technology in a Digital Age written by National Research Council and published by National Academies Press. This book was released on 2007-06-28 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privacy is a growing concern in the United States and around the world. The spread of the Internet and the seemingly boundaryless options for collecting, saving, sharing, and comparing information trigger consumer worries. Online practices of business and government agencies may present new ways to compromise privacy, and e-commerce and technologies that make a wide range of personal information available to anyone with a Web browser only begin to hint at the possibilities for inappropriate or unwarranted intrusion into our personal lives. Engaging Privacy and Information Technology in a Digital Age presents a comprehensive and multidisciplinary examination of privacy in the information age. It explores such important concepts as how the threats to privacy evolving, how can privacy be protected and how society can balance the interests of individuals, businesses and government in ways that promote privacy reasonably and effectively? This book seeks to raise awareness of the web of connectedness among the actions one takes and the privacy policies that are enacted, and provides a variety of tools and concepts with which debates over privacy can be more fruitfully engaged. Engaging Privacy and Information Technology in a Digital Age focuses on three major components affecting notions, perceptions, and expectations of privacy: technological change, societal shifts, and circumstantial discontinuities. This book will be of special interest to anyone interested in understanding why privacy issues are often so intractable.
Book Synopsis Balancing Civil Rights and National Security by : Asian Media Information and Communication Centre
Download or read book Balancing Civil Rights and National Security written by Asian Media Information and Communication Centre and published by . This book was released on 2011 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Human Rights and Counter-Terrorism by : Eran Shor
Download or read book International Human Rights and Counter-Terrorism written by Eran Shor and published by Springer. This book was released on 2019-11-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides theoretical and practical guidance to those interested in understanding the dilemmas found at the heart of counter-terror decision-making. It addresses fundamental questions such as: should terror organizations be engaged in the human rights discussion? How can we counter extremist ideology? What is the role social media plays in terrorism?The book compares the practices of different countries to determine if a cohesive approach to counter-terrorism can be achieved. It not only analyses different aspects of terrorism and counter-terrorism (ideology, recruitment, financing, education, support etc) but also explores the roles of the relevant players (courts, security forces, the press, public opinion, inter-governmental organizations, non-governmental organizations etc) and their influence on the measures taken to fight terrorism on the one hand, and safeguarding basic human rights on the other.
Book Synopsis The War On Our Freedoms by : Richard C Leone
Download or read book The War On Our Freedoms written by Richard C Leone and published by PublicAffairs. This book was released on 2008-08-06 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: In each generation, for different reasons, America witnesses a tug of war between the instinct to suppress and the instinct for openness. Today, with the perception of a mortal threat from terrorists, the instinct to suppress is in the ascendancy. Part of the reason for this is the trauma that our country experienced on September 11, 2001, and part of the reason is that the people who are in charge of our government are inclined to use the suppression of information as a management strategy. Rather than waiting ten or fifteen years to point out what's wrong with the current rush to limit civil liberties in the name of "national security," these essays by top thinkers, scholars, journalists, and historians lift the veil on what is happening and why the implications are dangerous and disturbing and ultimately destructive of American values and ideals. Without our even being aware, the judiciary is being undermined, the press is being intimidated, racial profiling is rampant, and our privacy is being invaded. The "war on our freedoms " is just as real as the "war on terror " -- and, in the end, just as dangerous.
Book Synopsis National Security and Civil Liberty by : Michael Geary
Download or read book National Security and Civil Liberty written by Michael Geary and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Security and Civil Liberty takes the reader on a unique journey through American history from the colonial era to the present day. Suitable for a history, criminal justice, or law class, no other book on the market examines two centuries of American history from the perspective of balancing national security and individual civil liberty interests. Where other books may focus on a particular liberty issue or security issue - such as government spying on political groups or distrust of aliens - this book reviews history by examining events occurring during significant decades in America's history (e.g.: The Colonial Era, Civil War Era, the Cold War Era). This approach enables the reader to better appreciate how two centuries of war, acts of terror, distrust of aliens, innovations in technology, and presidential intrigue have shaped the federal government's present response to perceived threats to our national security. Sadly, government action (spying, censorship, mass internment) in the face of a perceived crisis (the threat of communism, violent groups, terrorists) has usually led to the temporary lessening of traditional civil liberties, followed by cooling-off periods of decreased federal action where civil liberties are restored. However, our history has shown that once initiated, government encroachment upon individual liberty and freedom is never completely halted. The net effect of decades of steady, incremental advances in technology and military capabilities, coupled with the acceptance of ever-lessening liberties since the 9/11 attacks, means that we may now be living in a "police state" in America. After reading the book, students will have a solid foundation of historical information upon which to draw as they examine the issue of the trading of cherished liberties in the hope it will lead to increased security.
Book Synopsis The Patriot Act by : Lauri S. Friedman
Download or read book The Patriot Act written by Lauri S. Friedman and published by Greenhaven Press, Incorporated. This book was released on 2006 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines six controversial essays that debate the issue of the Patriot Act, and includes model essays, sidebar notes and guided exercises.
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Book Synopsis National Security Law by : John Norton Moore
Download or read book National Security Law written by John Norton Moore and published by Berghahn Books. This book was released on 2005 with total page 1448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
