Privacy Part 2: Government Surveillance

April 8

Last week we looked at big-picture concepts of privacy and how the Internet reflects 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.

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

Case Study - the NSA Scandal and Surveillance Policy

• The Guardian, NSA Surveillance Revelations Decoded (peruse)

• Jack Goldsmith, We Need an Invasive NSA

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

• Johannes Köppel, The International Dimension of the SWIFT Affair

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

Class Discussion

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