One Nation Under Surveillance

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One Nation Under Surveillance
Surveillance Cover.jpg
Cover of One Nation Under Surveillance
Author Simon Chesterman
LanguageEnglish
Subject Intelligence
Espionage
National security
Privacy
Publisher Oxford University Press
Publication date
2011
Media typePrint (Hardcover)
Pages320 pp.
ISBN 978-0-19-958037-8

One Nation Under Surveillance: A New Social Contract to Defend Freedom Without Sacrificing Liberty is a book by Simon Chesterman, Dean and Professor at the National University of Singapore Faculty of Law.

Contents

Oxford University Press published the book in March 2011. It examines what limits — if any — should be placed on a government's efforts to spy on its citizens in the name of national security. [1]

Advance praise included a quote from former CIA Inspector-General Frederick Hitz:

"This book squarely faces the taboo subject of domestic privacy in an era of Islamist terrorism. Our enemies are not nation-states, so the targets of the intelligence services seeking to pre-empt terrorist attacks must be individuals. The casualty will be individual privacy. People will struggle against heightened surveillance, Chesterman notes, 'but the war will be lost.'" [2]

Gareth Evans, president emeritus of Crisis Group and former Foreign Affairs Minister of Australia has written:

"This is an important book, breaking new ground in the sweep of its analysis, its analytical insights, and the policy implications it draws out. It shows just how often foreign and domestic intelligence gathering in the major democracies has been insensitive to public accountability, legality, and its consequences for individuals, to the detriment of both liberty and security--and how this can and must change. Simon Chesterman writes, as always, with compelling clarity and authority." [3]

Writing in the New York Review of Books, David D. Cole observed that Chesterman

"argues convincingly that the specter of catastrophic terrorist attacks creates extraordinary pressure for intrusive monitoring; that technological advances have made the collection and analysis of vast amounts of previously private information entirely feasible; and that in a culture transformed by social media, in which citizens are increasingly willing to broadcast their innermost thoughts and acts, privacy may already be as outmoded as chivalry." [4]

Related Research Articles

<span class="mw-page-title-main">National Security Agency</span> U.S. signals intelligence organization

The National Security Agency (NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI). The NSA is responsible for global monitoring, collection, and processing of information and data for foreign and domestic intelligence and counterintelligence purposes, specializing in a discipline known as signals intelligence (SIGINT). The NSA is also tasked with the protection of U.S. communications networks and information systems. The NSA relies on a variety of measures to accomplish its mission, the majority of which are clandestine. The existence of the NSA was not revealed until 1975. The NSA has roughly 32,000 employees.

<span class="mw-page-title-main">Patriot Act</span> 2001 United States anti-terrorism law

The USA PATRIOT Act was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, and the commonly used short name is a contrived acronym that is embedded in the name set forth in the statute.

<span class="mw-page-title-main">Surveillance</span> Monitoring something for the purposes of influencing, protecting, or suppressing it

Surveillance is the monitoring of behavior, many activities, or information for the purpose of information gathering, influencing, managing or directing. This can include observation from a distance by means of electronic equipment, such as closed-circuit television (CCTV), or interception of electronically transmitted information like Internet traffic. It can also include simple technical methods, such as human intelligence gathering and postal interception.

Computer and network surveillance is the monitoring of computer activity and data stored locally on a computer or data being transferred over computer networks such as the Internet. This monitoring is often carried out covertly and may be completed by governments, corporations, criminal organizations, or individuals. It may or may not be legal and may or may not require authorization from a court or other independent government agencies. Computer and network surveillance programs are widespread today and almost all Internet traffic can be monitored.

<span class="mw-page-title-main">Information Awareness Office</span> DARPA division overseeing the "Total Information Awareness" program

The Information Awareness Office (IAO) was established by the United States Defense Advanced Research Projects Agency (DARPA) in January 2002 to bring together several DARPA projects focused on applying surveillance and information technology to track and monitor terrorists and other asymmetric threats to U.S. national security by achieving "Total Information Awareness" (TIA).

<span class="mw-page-title-main">Total Information Awareness</span> US mass detection program

Total Information Awareness (TIA) was a mass detection program by the United States Information Awareness Office. It operated under this title from February to May 2003 before being renamed Terrorism Information Awareness.

<span class="mw-page-title-main">Counterintelligence</span> Offensive measures using enemy information

Counterintelligence is an activity aimed at protecting an agency's intelligence program from an opposition's intelligence service. It includes gathering information and conducting activities to prevent espionage, sabotage, assassinations or other intelligence activities conducted by, for, or on behalf of foreign powers, organizations or persons.

<span class="mw-page-title-main">Mass surveillance</span> Intricate surveillance of an entire or a substantial fraction of a population

Mass surveillance is the intricate surveillance of an entire or a substantial fraction of a population in order to monitor that group of citizens. The surveillance is often carried out by local and federal governments or governmental organizations, such as organizations like the NSA, but it may also be carried out by corporations. Depending on each nation's laws and judicial systems, the legality of and the permission required to engage in mass surveillance varies. It is the single most indicative distinguishing trait of totalitarian regimes. It is also often distinguished from targeted surveillance.

<span class="mw-page-title-main">Foreign Intelligence Surveillance Act</span> 1978 United States federal law

The Foreign Intelligence Surveillance Act of 1978 is a United States federal law that establishes procedures for the physical and electronic surveillance and the collection of "foreign intelligence information" between "foreign powers" and "agents of foreign powers" suspected of espionage or terrorism. The Act created the Foreign Intelligence Surveillance Court (FISC) to oversee requests for surveillance warrants by federal law enforcement and intelligence agencies. It has been repeatedly amended since the September 11 attacks.

The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. It has ten titles, each containing numerous sections. Title II: Enhanced Surveillance Procedures granted increased powers of surveillance to various government agencies and bodies. This title has 25 sections, with one of the sections containing a sunset clause which sets an expiration date, December 31, 2005, for most of the title's provisions. This was extended twice: on December 22, 2005 the sunset clause expiration date was extended to February 3, 2006 and on February 2 of the same year it was again extended, this time to March 10.

<span class="mw-page-title-main">NSA warrantless surveillance (2001–2007)</span> Part of the Terrorist Surveillance Program

NSA warrantless surveillance — also commonly referred to as "warrantless-wiretapping" or "-wiretaps" — refers to the surveillance of persons within the United States, including U.S. citizens, during the collection of notionally foreign intelligence by the National Security Agency (NSA) as part of the Terrorist Surveillance Program. In late 2001, the NSA was authorized to monitor, without obtaining a FISA warrant, the phone calls, Internet activity, text messages and other communication involving any party believed by the NSA to be outside the U.S., even if the other end of the communication lay within the U.S.

<span class="mw-page-title-main">Section summary of the Patriot Act, Title II</span>

The following is a section summary of the USA PATRIOT Act, Title II. The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. Title II: Enhanced Surveillance Procedures gave increased powers of surveillance to various government agencies and bodies. This title has 25 sections, with one of the sections containing a sunset clause which sets an expiration date, 31 December 2005, for most of the title's provisions. On 22 December 2005, the sunset clause expiration date was extended to 3 February 2006.

<span class="mw-page-title-main">Terrorist Surveillance Program</span> NSA program

The Terrorist Surveillance Program was an electronic surveillance program implemented by the National Security Agency (NSA) of the United States in the wake of the September 11, 2001 attacks. It was part of the President's Surveillance Program, which was in turn conducted under the overall umbrella of the War on Terrorism. The NSA, a signals intelligence agency, implemented the program to intercept al Qaeda communications overseas where at least one party is not a U.S. person. In 2005, The New York Times disclosed that technical glitches resulted in some of the intercepts including communications which were "purely domestic" in nature, igniting the NSA warrantless surveillance controversy. Later works, such as James Bamford's The Shadow Factory, described how the nature of the domestic surveillance was much, much more widespread than initially disclosed. In a 2011 New Yorker article, former NSA employee Bill Binney said that his colleagues told him that the NSA had begun storing billing and phone records from "everyone in the country."

In the United States, fusion centers are designed to promote information sharing at the federal level between agencies such as the Federal Bureau of Investigation, the U.S. Department of Homeland Security, the U.S. Department of Justice, and state, local, and tribal law enforcement. As of February 2018, the U.S. Department of Homeland Security recognized 79 fusion centers. Fusion centers may also be affiliated with an emergency operations center that responds in the event of a disaster.

K. A. (Kim) Taipale is a lawyer, scholar, and social theorist specializing in information, technology, and national security policy. He is a partner in Stilwell Holding, a private investment firm, the founder and executive director of the Stilwell Center for Advanced Studies in Science and Technology Policy, a private, nonpartisan research organization, the chairman of the executive committee of Kobra International Ltd. and a director of the Stilwell Charitable Fund. He was previously an investment banker at Lazard Freres & Co. and a lawyer at Davis Polk & Wardwell.

<span class="mw-page-title-main">History of the Patriot Act</span>

The history of the USA PATRIOT Act involved many parties who opposed and supported the legislation, which was proposed, enacted and signed into law 45 days after the September 11 terrorist attacks in 2001. The USA PATRIOT Act, though approved by large majorities in the U.S. Senate and House of Representative, was controversial, and parts of the law were invalidated or modified by successful legal challenges over constitutional infringements to civil liberties. The Act had several sunset provisions, most reauthorized by the USA PATRIOT Improvement and Reauthorization Act of 2005 and the USA PATRIOT Act Additional Reauthorizing Amendments Act. Both reauthorizations incorporated amendments to the original USA PATRIOT Act, and other federal laws.

<span class="mw-page-title-main">Simon Chesterman</span>

Simon Chesterman is an Australian academic, writer and law professor who is currently the Dean of the National University of Singapore's Faculty of Law and Senior Director for AI Governance at AI Singapore. A Rhodes Scholar, he is also Editor of the Asian Journal of International Law and Co-President of the Law Schools Global League.

<span class="mw-page-title-main">PRISM</span> Mass surveillance program run by the NSA

PRISM is a code name for a program under which the United States National Security Agency (NSA) collects internet communications from various U.S. internet companies. The program is also known by the SIGAD US-984XN. PRISM collects stored internet communications based on demands made to internet companies such as Google LLC under Section 702 of the FISA Amendments Act of 2008 to turn over any data that match court-approved search terms. Among other things, the NSA can use these PRISM requests to target communications that were encrypted when they traveled across the internet backbone, to focus on stored data that telecommunication filtering systems discarded earlier, and to get data that is easier to handle.

<span class="mw-page-title-main">Mass surveillance in the United States</span> Overview of mass surveillance in the United States of America

The practice of mass surveillance in the United States dates back to wartime monitoring and censorship of international communications from, to, or which passed through the United States. After the First and Second World Wars, mass surveillance continued throughout the Cold War period, via programs such as the Black Chamber and Project SHAMROCK. The formation and growth of federal law-enforcement and intelligence agencies such as the FBI, CIA, and NSA institutionalized surveillance used to also silence political dissent, as evidenced by COINTELPRO projects which targeted various organizations and individuals. During the Civil Rights Movement era, many individuals put under surveillance orders were first labelled as integrationists, then deemed subversive, and sometimes suspected to be supportive of the communist model of the United States' rival at the time, the Soviet Union. Other targeted individuals and groups included Native American activists, African American and Chicano liberation movement activists, and anti-war protesters.

<span class="mw-page-title-main">FISA Improvements Act</span>

The FISA Improvements Act is a proposed act by Senator Dianne Feinstein, Chair of the Senate Intelligence Committee. Prompted by the disclosure of NSA surveillance by Edward Snowden, it would establish the surveillance program as legal, but impose some limitations on availability of the data. Opponents say the bill would codify warrantless access to many communications of American citizens for use by domestic law enforcement.

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Further reading