Law Commons^™

Taxonomy Of The Snowden Disclosures, Margaret Hu

Washington and Lee Law Review

This brief Essay offers a proposed taxonomy of the Snowden Disclosures. An informed discussion on the legality and constitutionality of the emerging cybersurveillance and mass dataveillance programs revealed by former NSA contractor Edward Snowden necessitates the furtherance of cybersurveillance aptitude. This Essay contends, therefore, that a detailed examination of the Snowden disclosures requires not just a careful inquiry into the legal and constitutional framework that guides the oversight of these programs. A close interrogation also requires a careful inquiry into the big data architecture that guides them. This inquiry includes examining the underlying theories of data science and the rationales …

Cybersurveillance In A Free Society, Russell L. Weaver

Washington and Lee Law Review

No abstract provided.

I Spy: The New Self-Cybersurveillance And The "Internet Of Things", Steven I. Friedland

Washington and Lee Law Review

Prior to the digital age, surveillance generally meant a government agent or private investigator engaged in a stakeout or observation detail that involved physical work, expense, and time. The digital age changed surveillance fundamentally. Today, we not only generate mountains of data for others, we also effectively surveil ourselves through digitally-connected, multifunctional smart devices, collectively described as the “Internet of Things.”

Cybersurveillance accessed by the government, even when started as self-surveillance, raises complex and uncertain legal issues, especially when related to the Constitution. In United States v. Kyllo, the Supreme Court was reticent to allow government agents to use …