Surveillance and the Law: Language, Power, and Privacy

ISBN-13: 9780367606725 / Angielski / Miękka / 2020 / 108 str.

Maria Helen Murphy

Opis

The search for the ‘correct’ interpretation is a constant one in law. In the politically contentious field of surveillance law, additional challenges arise. While the ambiguity of human language limits the precision of all law, the secrecy prevalent in the surveillance sphere magnifies the effect.

Spis treści

Introduction

1. Lost in translation and exploitation: the case of encryption

Encryption and power

Shifts in power and the ‘Crypto Wars’

Fear and rhetoric: debating encryption in the political sphere

Language and encryption

Encryption and expression – holding power to account

2. Evolving technological standards, same basic rights: the case of the Fourth Amendment

The power-limiting purpose of the Fourth Amendment

The third-party doctrine and technological development

Translating judicial standards on the ground

Implications inside and outside of the courtroom

3. Executive interpretation

‘Word games’

Foreseeability and accessibility in the surveillance case law of the European Court of Human Rights

The principle of legality in practice

Beyond legality and the role of the judiciary

4. Independent oversight in the surveillance context

Surveillance courts: opacity and potential for capture

Ireland: the ‘Designated Judge’ and the ‘Complaints Referee’

The United Kingdom: the Investigatory Powers Commissioner and Judicial Commissioners

The United States: the Foreign Intelligence Surveillance Court

Open justice in the covert context

5. Intentional ambiguity

The role of the legislature

The folly of ‘future proofing’ and technology neutrality

The Public Services Card in Ireland: ‘mandatory’ not ‘compulsory’

Legislative abdication

Conclusion

Index

O autorze

Maria Helen Murphy is a lecturer in law at Maynooth University.