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Full-Text Articles in Law

Taxonomy Of The Snowden Disclosures, Margaret Hu Sep 2015

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 …


State Labs Of Federalism And Law Enforcement "Drone" Use, Chris Jenks Jun 2015

State Labs Of Federalism And Law Enforcement "Drone" Use, Chris Jenks

Washington and Lee Law Review

No abstract provided.


Cybersurveillance In A Free Society, Russell L. Weaver Jun 2015

Cybersurveillance In A Free Society, Russell L. Weaver

Washington and Lee Law Review

No abstract provided.


Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger Jun 2015

Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger

Washington and Lee Law Review

No abstract provided.


The Fisa Court And Article Iii, Stephen I. Vladeck Jun 2015

The Fisa Court And Article Iii, Stephen I. Vladeck

Washington and Lee Law Review

No abstract provided.


Spying Inc., Danielle Keats Citron Jun 2015

Spying Inc., Danielle Keats Citron

Washington and Lee Law Review

The latest spying craze is the “stalking app.” Once installed on someone’s cell phone, the stalking app can provide continuous access to the phone owner’s calls, texts, snapchats, photos, calendar updates, and movements. Stalking apps destroy the privacy and confidentiality of cell phone activities. Domestic abusers and stalkers frequently turn to stalking apps because they are undetectable even to sophisticated phone owners.

Business is booming for stalking app providers, even though their entire enterprise is arguably illegal. Federal and state wiretapping laws ban the manufacture, sale, or advertisement of devices knowing their design makes them primarily useful for the surreptitious …


Defining "Foreign Affairs" In Section 702 Of The Fisa Amendments Act: The Virtues And Deficits Of Post-Snowden Dialogue On U.S. Surveillance Policy, Peter Margulies Jun 2015

Defining "Foreign Affairs" In Section 702 Of The Fisa Amendments Act: The Virtues And Deficits Of Post-Snowden Dialogue On U.S. Surveillance Policy, Peter Margulies

Washington and Lee Law Review

No abstract provided.


Banning Bulk: Passage Of The Usa Freedom Act And Ending Bulk Collection, Bart Forsyth Jun 2015

Banning Bulk: Passage Of The Usa Freedom Act And Ending Bulk Collection, Bart Forsyth

Washington and Lee Law Review

No abstract provided.


I Spy: The New Self-Cybersurveillance And The "Internet Of Things", Steven I. Friedland Jun 2015

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 …