August, 2010

The Surveillance State Thrives on Fear

by Glenn Greenwald
The Conversation
August 26th, 2010

I’m particularly appreciative of the responses to my initial essay by John Eastman and Paul Rosenzweig. Those two replies — especially the former — perfectly illustrate the continuous stream of manipulative fear-mongering over the last decade which has reduced much of the American citizenry into a meek and submissive faction for whom no asserted government [...]

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Antique Privacy

by Paul Rosenzweig
The Conversation
August 23rd, 2010

In this post, I want to note one aspect of what Julian has written with which I agree. I particular, I am of the view that changing technology is creating a world in which huge amounts of data are becoming pervasively available for analysis. And the automation of analysis of that data may well work [...]

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The Precautionary Principle

by Paul Rosenzweig
The Conversation
August 20th, 2010

In another post, I’ll talk about some of the things that Glenn and Julian have said that I actually agree with. In this short first post, however, I want to continue the stylized disagreement. Julian writes: “More disturbing than the quantitative increase in surveillance Glenn documents — and it is disturbing, when we consider that [...]

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The Mythical Griffin

by Julian Sanchez
The Conversation
August 18th, 2010

I will have a great deal to say in a future post about the legal argument advanced in John Eastman’s contribution to this roundtable, which seeks to cobble together a preclusive presidential power of foreign intelligence surveillance from spit, chicken wire, and dicta. But I want to rebut quickly one particular talking point I’ve seen [...]

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Architecture Matters

by Julian Sanchez
Reaction Essay
August 16th, 2010

Julian Sanchez draws our attention to the wider picture: The surveillance state extends beyond one or another potentially objectionable program. Its roots are structural, in the ease with which data can be collected and analyzed today. It is and will continue to be very important to get the legal and technological architecture of surveillance right. Creating mechanisms and institutions that safeguard the innocent and prevent abuses of power is an enormous challenge. Even building an abuse-free surveillance state would not do, because we cannot guarantee that it will be managed only by benign administrators.

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The Sky Isn’t Falling

by Paul Rosenzweig
Reaction Essay
August 13th, 2010

Paul Rosenzweig argues that Glenn Greenwald has underestimated the continued oversight function of Congress, the media, and public-interest watchdog groups. He adds that effectiveness — while difficult to measure — appears to have been reasonably good. He concludes that privacy and civil liberties advocates need to save their fire for genuinely abusive programs, not mere threats or possibilities of abuse.

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Surveillance of Our Enemies During Wartime? I’m Shocked!

by John Eastman
Reaction Essay
August 11th, 2010

John Eastman argues that the U.S. Constitution grants the President the authority to conduct surveillance of national enemies during wartime, including electronic surveillance. The Foreign Intelligence Surveillance Act cannot properly encroach on this power, and in fact it does no such thing. Warrantless wiretaps are therefore both strategically appropriate and constitutional. The nation remains at war, and such measures will remain appropriate at least until the end of hostilities.

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The Digital Surveillance State: Vast, Secret, and Dangerous

by Glenn Greenwald
Lead Essay
August 9th, 2010

In his lead essay, Glenn Greenwald argues that the digital surveillance state is out of control. It intercepts our phone calls, keeps track of our prescription drug use, monitors our email, and keeps tabs on us wherever we go. For all that, it doesn’t appear to be making us safer. Accountability has been lost, civil liberties are disappearing, and the public-private partnerships in this area of government action raise serious questions about the democratic process itself. It’s time we stood up to do something about it.

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