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Hofstra Law Faculty Scholarship

Series

2001; International Covenant on Civil & Political Rights (1966); NSA; surveillance; FISA; FAA; Patriot Act.

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Nsa Surveillance Since 9/11 And The Human Right To Privacy, G. Alex Sinha Jan 2013

Nsa Surveillance Since 9/11 And The Human Right To Privacy, G. Alex Sinha

Hofstra Law Faculty Scholarship

Since shortly after 9/11, if not earlier, the National Security Agency (NSA) has been collecting massive amounts of data about American citizens and permanent residents, ostensibly with the aim of preempting future terrorist attacks. While the NSA's program has invited substantial scholarly attention, specifically concerning its compliance with the United States Constitution and various domestic statutes, the academic debate about its merits entirely omits one crucial fact: the United States is also legally obliged to protect a human right to privacy, as codified in Article 17 of the International Covenant on Civil and Political Rights (ICCPR). This Article seeks to …