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Articles 1 - 8 of 8
Full-Text Articles in Law
Global Cybersecurity, Surveillance, And Privacy: The Obama Administration's Conflicted Legacy, Peter Margulies
Global Cybersecurity, Surveillance, And Privacy: The Obama Administration's Conflicted Legacy, Peter Margulies
Indiana Journal of Global Legal Studies
To analyze the Obama administration's cyber efforts, this Article proposes a paradigm of stewardship with both discursive and structural dimensions. Discursive stewardship refers to the Executive's openness to dialogue with other stakeholders. Structural stewardship refers to the domestic and transnational distribution of decisional authority, including checks and balances that guard against the excesses of unilateral action. The Article concludes that the Obama administration made substantial progress in each of these realms. However, the outsized role of law enforcement agendas and dearth of clearly articulated checks on transnational surveillance drove headwinds that limited forward movement.
Preventing An Air Panopticon: A Proposal For Reasonable Legal Restrictions On Aerial Surveillance, Jake Laperruque
Preventing An Air Panopticon: A Proposal For Reasonable Legal Restrictions On Aerial Surveillance, Jake Laperruque
University of Richmond Law Review
No abstract provided.
Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks
Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks
University of Richmond Law Review
No abstract provided.
"I Want My File": Surveillance Data, Minimization, And Historical Accountability, Douglas Cox
"I Want My File": Surveillance Data, Minimization, And Historical Accountability, Douglas Cox
University of Richmond Law Review
No abstract provided.
Newsroom: Cybersecurity: Obama's Conflicted Legacy 02-17-2017, Peter Margulies
Newsroom: Cybersecurity: Obama's Conflicted Legacy 02-17-2017, Peter Margulies
Life of the Law School (1993- )
No abstract provided.
Biometric Cyberintelligence And The Posse Comitatus Act, Margaret Hu
Biometric Cyberintelligence And The Posse Comitatus Act, Margaret Hu
Scholarly Articles
This Article addresses the rapid growth of what the military and the intelligence community refer to as “biometric-enabled intelligence.” This newly emerging intelligence tool is reliant upon biometric databases—for example, digitalized storage of scanned fingerprints and irises, digital photographs for facial recognition technology, and DNA. This Article introduces the term “biometric cyberintelligence” to more accurately describe the manner in which this new tool is dependent upon cybersurveillance and big data’s massintegrative systems.
This Article argues that the Posse Comitatus Act of 1878, designed to limit the deployment of federal military resources in the service of domestic policies, will be difficult …
From The National Surveillance State To The Cybersurveillance State, Margaret Hu
From The National Surveillance State To The Cybersurveillance State, Margaret Hu
Scholarly Articles
This article anchors the phenomenon of bureaucratized cybersurveillance around the concept of the National Surveillance State, a theory attributed to Professor Jack Balkin of Yale Law School and Professor Sanford Levinson of the University of Texas School of Law. Pursuant to the theory of the National Surveillance State, because of the routinized and administrative nature of government-led surveillance, normalized mass surveillance is viewed as justified under crime and counterterrorism policy rationales. This article contends that the Cybersurveillance State is the successor to the National Surveillance State. The Cybersurveillance State harnesses technologies that fuse biometric and biographic data for risk assessment, …