Privacy Part 2: Government Surveillance

April 8

Last week we looked at big-picture concepts of privacy and how the Internet and Internet companies reflect these issues. This week we dive into the specific question of surveillance by governments: how the Internet allows governments to observe their (and other governments') citizens, and what that does to us and the Internet as a system.

Joining us for this week are Berkman fellow and online security expert Bruce Schneier and Berkman Clinical Instructional Fellow Kit Walsh.

There is a related event at Harvard Law School earlier on this class day that may be of interest to students (RSVP required).

Readings

Government vs. Corporate Surveillance

• Brian Fung, Yes, There Is Actually a Huge Difference Between Government and Corporate Surveillance

• Bruce Schneier, The Trajectories of Government and Corporate Surveillance

• Emily Bell et al., Comment to Review Group on Intelligence and Communication Technologies Regarding the Effects of Mass Surveillance on the Practice of Journalism (pages 9-12 only)

Case Study - the NSA Scandal and Surveillance Policy

• The Guardian, NSA Surveillance Revelations Decoded (peruse)

• Electronic Frontier Foundation, Timeline of NSA Domestic Spying (peruse)

• Jack Goldsmith, We Need an Invasive NSA

• Fred Kaplan, Why Snowden Won't (and Shouldn't) Get Clemency

• Bruce Schneier, The Battle for Power on the Internet (approx. 12:30, watch all)

Surveillance and U.S. law

• Kit Walsh, The NSA's Spying Powers: Reading the Statute

• Steve Vladeck, Laura Donohue's Comprehensive Case Against Bulk Metadata Collection

• If you're interested, the Donohue article can be found here.

Optional Readings

• The Jennifer Granick / Orin Kerr debates on metadata and the Fourth Amendment

• Granick's opening
• Kerr's response
• Granick's reply
• Kerr's sur-reply

• Bruce Schneier, The Limitations of Intelligence

• Johannes Köppel, The International Dimension of the SWIFT Affair

Class Discussion

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