As a result of massive leaks of top secret information by contractor employee Edward Snowdena massive amount o previously secret information has been made public which shows that either without judicial warrants or with warrants not premised on the traditional probable cause standards the following examples of information is not readily accessible to the U.S. foreign intelligence community: (1) 100% of the metadata of U.S. phone calls; (2) 75% of the content of emails; (3) virtually all codes for breaking encryption used to keep internet data private; and the communications of over 35 world leaders, many of whom are longstanding allies of the U.S. Also made available by Snowden are previously secret ruling of the Foreign Intelligence Surveillance Court which authorize (and in small measure critique) much of this data collection, as well as Inspector General reports also calling some of these practices into question. Looking at these secret court rulings and the existing “public” body of court rulings on the Fourth Amendment, this course asks the question whether these massive data collection practices can be sustained under the Fourth Amendment. As a result of Snowden’s leaks, avenues of judicial review may have opened up outside of the secret FISC, presenting the likelihood that the Supreme Court may resolve this important Constitutional question. Also, there are a host of Congressional hearings and legislative proposals which will be examined in the course. The course is limited to 50 students. Students who have taken the fall 2013 Homeland Security and Law of Counterterrorism course may not sign up for this course because the subject was largely covered in that course.
Current & Previous Instructors:
|This course is not currently scheduled.|