114TH CONGRESS 1ST SESSION/SENATE DOCUMENT 114–5 

NATIONAL DEBATE TOPIC FOR HIGH 

SCHOOLS, 2015–2016 

Resolved: The United States Federal 

Government Should Substantially 

Curtail Its Domestic Surveillance 

NATIONAL DEBATE TOPIC FOR HIGH SCHOOLS, 2015–2016 

Pursuant to 44 United States Code, Section 1333 

Compiled by the Congressional Research Service 

Library of Congress 


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rfrederick on DSK6VPTVN1PROD with HEARING
114TH CONGRESS 1ST SESSION/SENATE DOCUMENT 114–5 

NATIONAL DEBATE TOPIC FOR HIGH 

SCHOOLS, 2015–2016 

Resolved: The United States Federal 

Government Should Substantially 

Curtail Its Domestic Surveillance 

NATIONAL DEBATE TOPIC FOR HIGH SCHOOLS, 2015–2016 

Pursuant to 44 United States Code, Section 1333 

Compiled by the Congressional Research Service 

Library of Congress 

U.S. Government Publishing Office 

Washington, DC 2015 


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(II)

44 U.S.C., SECTION 1333 

CHAPTER 13—PARTICULAR REPORTS AND DOCUMENTS 

Sec. 1333. National high school and college debate topics 

(a) The Librarian of Congress shall prepare compilations of pertinent excerpts, 

bibliographical references, and other appropriate materials relating to: 

(1) the subject selected annually by the National University Extension Association as the national high school debate topic and 

(2) the subject selected annually by the American Speech Association as the 

national college debate topic. 

In preparing the compilations the Librarian shall include materials which in his 

judgment are representative of, and give equal emphasis to, the opposing points of 

view on the respective topics. 

(b) The compilations on the high school debate topics shall be printed as Senate 

documents and the compilations on the college debate topics shall be printed as 

House of Representative documents, the cost of which shall be charged to the 

congressional allotment for printing and binding. Additional copies may be 

printed in the quantities and distributed in the manner the Joint Committee 

on Printing directs. 

(P.L. 90–620, Oct. 22, 1968, 82 Stat. 1270) 

Historical and Revision Notes 

Based on 44 U.S. Code, 1964 ed., Supp. III, Sec. 170 [Sec. 276a] (Dec. 30, 1963, Pub. 

L. 88–246, Secs. 1, 2, 77 Stat. 802) 


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(III) 

C O N T E N T S 

Page 

FOREWORD ............................................................................................................ V 

INTRODUCTION .................................................................................................... 3 

SUMMARY ............................................................................................................... 3 

BACKGROUND AND RECENT HISTORY OF U.S. DOMESTIC 

SURVEILLANCE ..................................................................................................... 4 

ARTICLES ............................................................................................................ 4 

BOOKS .................................................................................................................. 8 

GOVERNMENT REPORTS ................................................................................ 10 

THINK TANKS .................................................................................................... 12 

WEBSITES ........................................................................................................... 14 

TYPES OF DOMESTIC SURVEILLANCE ........................................................... 14 

ARTICLES ............................................................................................................ 14 

BOOKS .................................................................................................................. 17 

GOVERNMENT REPORTS ................................................................................ 19 

THINK TANKS .................................................................................................... 20 

WEBSITES ........................................................................................................... 21 

LEGISLATION AND CASE LAW .......................................................................... 22 

STATUTES ........................................................................................................... 22 

BILLS/LEGISLATIVE ACTIVITY ...................................................................... 25 

CASE LAW ........................................................................................................... 27 

DOMESTIC SURVEILLANCE ............................................................................... 29 

ADVANTAGES ..................................................................................................... 29 

ARTICLES ........................................................................................................ 29 

BOOKS .............................................................................................................. 30 

THINK TANKS ................................................................................................. 31 

WEBSITES ........................................................................................................ 31 

DISADVANTAGES .............................................................................................. 32 

ARTICLES ........................................................................................................ 32 

BOOKS .............................................................................................................. 33 

THINK TANKS ................................................................................................. 34 

SUBJECT BIBLIOGRAPHY ................................................................................... 36 


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(V)

Foreword 

The 2015-2016 high school debate topic is: ‘‘Resolved: The United States 

Federal Government Should Substantially Curtail Its Domestic Surveillance.’’ 

In compliance with 44 U.S.C., Section 1333, the Congressional Research 

Service (CRS) of the Library of Congress prepared this bibliography to assist high 

school debaters in researching the topic. This bibliography is intended to assist debaters in the identification of further references and resources on the topic. In selecting items for inclusion in this bibliography, CRS has sampled a wide spectrum 

of opinions reflected in the current literature on this issue. No preference for any 

policy is indicated by the selection or positioning of articles, books, or websites cited, 

nor is CRS disapproval of any policy, position, or article to be inferred from its omission. 

The bibliography was prepared by Emily Carr, Elizabeth Schiller, Audrey 

Crane-Hirsch, Maria Kreiser, and Sundeep Mahendra, Law Librarians, Reference 

Librarians, and Digital Services Librarian, in the Knowledge Services Group of CRS 

and in the Law Library of Congress. Editorial assistance provided by Valerie Cervantes, Digital Services Librarian. 

The project team leader was Jerry W. Mansfield, Lead Information Services 

Coordinator, Knowledge Services Group. 

We wish the best to each debater as they research, prepare, and present 

arguments on this year’s topic. 

Mary B. Mazanec, Director 

Congressional Research Service 


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JA 95-475 
NATIONAL DEBATE TOPIC FOR HIGH SCHOOLS, 2015-201

RESOLVED: THE UNITED STATES FEDERAL GOVERNMENT SH

SUBSTANTIALLY CURTAIL ITS DOMESTIC SURVEILLANC

AN ANNOTATED BIBLIOGRAPHY ON THE 2015-2016

HIGH SCHOOL DEBATE TOPIC

Compiled by

Audrey Crane-Hirsch, Maria Kreiser, Sundeep Mahendra, and Elizabeth Schiller 

Digital Services, and Law Librarians in the Knowledge Service Group of CRS 

Carr, Senior Legal Reference Librarian in the Law Library of Congress under t

of project team leader Jerry W. Mansfield, Lead Information Services Coor

Knowledge Services Group

August 2015

JA 95-475 
JA 95-475 
Introduction

The 2015-2016 high school debate topic is: “Resolved: The United St

Government Should Substantially Curtail Its Domestic Surveillance.” T

selected annually by ballot of the delegates from the National Catholic Fore

the National Debate Coaches Association, and the National Speech 

Association, all organized under the umbrella organization, the National F

State High School Associations.

The conflict between national security objectives and privacy became a popu

debate when it was disclosed in June 2013, by former defense contra

Snowden, that the National Security Agency was engaging in extensive 

inside the United States in order to fight crime and to reduce the threat of te

magnitude of the disclosure shocked many people, including Members of Co

were unaware of the extent of the surveillance. Many civil rights advocate

surveillance as an assault on liberty, while law enforcement and national secu

saw the programs as essential weapons in the war on terror, the fight aga

weapons proliferation, and the general protection of U.S. national security.

This selective bibliography, with brief annotations, is intended to assist 

identifying resources and references on the national debate topic. It lists 

books, congressional publications, journal articles, legal cases, organi

websites. The bibliography is divided into four broad sections, “Background 

History of U.S. Domestic Surveillance,” “Types of Domestic Surveillance,” 

and Case Law,” and “Advantages and Disadvantages of Domestic Surveillanc

Summary

The purpose of the bibliography is to provide students with a brief 

information related to the 2015-2016 high school debate topic.

This compilation is not intended to provide complete coverage of the to

research on the topic may be accomplished at high school, research, dep

public libraries.

In addition to the resources included in this bibliography, there are 

international organizations, U.S. Government agencies, private think tank

governmental organizations (NGOs) that provide information on the deba

sub-topics on their websites. Debaters are encouraged to consult the Intern

library resources for their research.

JA 95-475 

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Background and Recent History of U.S. Domestic Surveillance

Articles

Bedi, Monu. “Social Networks, Government Surveillance, and the Fourth Am

Mosaic Theory.” Boston University Law Review, vol. 94, no. 6 (December 20

1880.

Applying mosaic theory to social networking communications over the Intern

article examines the concept of associational rights as a key principle to the a

social networking communications merit privacy protections.

Cassidy, Anne. “Who's Watching You?” Georgetown Law Magazine (Spring

2015): 20-30.

This article discusses the recent news about privacy issues and the public's in

concern over data breaches, cybercrime, and government surveillance. The au

with experts about the demand for new forms of control over privacy and law

potential roles in these emerging systems.

Hibbard, Christa M. “Wiretapping the Internet: The Expansion of the Commu

Assistance to Law Enforcement Act to Extend Government Surveillance.” Fe

Communications Law Journal, vol. 64, no. 2 (2011-2012): 371-399.

Examines the competing interests related to expanding the Communications A

Law Enforcement Act (CALEA), which was passed in 1994 to regulate teleph

broadband companies to ensure compliance with court orders. Part II provide

background of wiretap and surveillance law. The author argues that there is n

information to justify an expansion to CALEA.

Joh, Elizabeth E. “Privacy Protests: Surveillance Evasion and Fourth Amendm

Suspicion.” Arizona Law Review, vol. 55, no. 1 (2013): 997-1030.

The author challenges the idea that those who evade surveillance are criminal

article discusses the importance of small, ordinary acts of resistance that the a

privacy protests, their place in constitutional criminal procedure, and their po

value in the struggle over the meaning of privacy.

JA 95-475 
Lee, Timothy B. 

The NSAs secrecy is bad for the NSA.

WashingtonPost.c

19, 2013).

Available online at:

[http://www.washingtonpost.com/blogs/wonkblog/wp/2013/06/19/the-nsas-se

bad-for-the-nsa/].

This article reports on the NSA’s release of new information about privacy sa

its surveillance programs and asks: “Why wasn’t this information made publi

ago?” The author argues that the NSA hurts its own reputation and encourage

to assume the worst when it keeps this information secret.

Michelman, Scott. “Who Can Sue Over Government Surveillance.” UCLA La

vol. 57, no. 1 (October 2009): 71-114.

The author argues that the Supreme Court’s 1972 decision in Laird v. Tatum 

principles of standing law form a coherent doctrine under which courts can ad

important constitutional questions about government surveillance regimes.

Nakashima, Ellen. “Court Ruling Boosts Case for Ending Collection of U.S. P

Records.” WashingtonPost.com (May 8, 2015).

Available online at: [https://www.washingtonpost.com/world/national-securit

ruling-could-undermine-political-support-for-nsa-surveillanceprogram/2015/05/08/f6245228-f5ac-11e4-bcc4-e8141e5eb0c9_story.html].

This article reports on the landmark ruling by a federal appeals court in New 

found that the National Security Agency’s collection of millions of American

records was unlawful.

Peterson, Andrea. “Obama Says NSA Has Plenty of Congressional Oversight

Congressman Says It’s a Farce.” WashingtonPost.com (October 9, 2013).

Available online at: [http://www.washingtonpost.com/blogs/theswitch/wp/2013/10/09/obama-says-nsa-has-plenty-of-congressional-oversigh

congressman-says-its-a-farce/].

In reporting on concerns over congressional oversight of intelligence program

article discusses the oversight Congress has over these programs and the effe

that oversight.

JA 95-475 
Priest, Dana. 

Government Surveillance Spurs Americans to Fight Back.

WashingtonPost.com (August 14, 2013).

Available online at: [http://www.washingtonpost.com/lifestyle/style/governm

surveillance-spurs-americans-to-fight-back/2013/08/14/edea430a-0522-11e3-

49ddc7417125_story.html].

Designers are fighting back against government surveillance by creating fash

blocks eavesdropping, confuses cameras, and thwarts drones. The author disc

these designs provoke conversations about government surveillance program

Risen, Tom. “ ‘Patriot Act’ Author Seeks ‘USA Freedom Act’ to Rein in NSA

USNews.com (October 10, 2013).

Available online at: [http://www.usnews.com/news/articles/2013/10/10/patrio

author-seeks-usa-freedom-act-to-rein-in-nsa].

This article reports on the 2013 debates over legislation to end bulk data colle

National Security Agency. Specifically, it discusses the Freedom Act and the 

it faces from both parties.

Sasso, Brendan. “Rep. Amash: Intelligence Committees Undermine Oversigh

TheHill.com (October 9, 2013).

Available online at: [http://thehill.com/policy/technology/327603-rep-amash-

committees-undermine-oversight].

The author reports on criticisms of Congressional committees in the debates o

Congress’s role in controversies over intelligence agencies’ actions.

Sasso, Brendan. “Sen. Wyden Vows to Battle ‘Skin Deep’ NSA Reforms.” T

(October 9, 2013).

Available online at: [http://thehill.com/policy/technology/327497-sen-wyden

battle-skin-deep-nsa-reforms].

The author discusses the October 2013 legislative debates over proposals to r

surveillance programs. It covers the controversies surrounding several differe

as well as critiques of the programs’ potential effectiveness.

JA 95-475 
Sasso, Brendan and Kate Tummarello. 

Patriot Act Author Preps Freedom A

NSA.” TheHill.com (October 9, 2013).

Available online at: [http://thehill.com/policy/technology/327637-overnight-t

act-author-preps-freedom-act-to-rein-in-nsa].

Mr. Sasso continues coverage of the October 2013 debates over legislation to 

surveillance programs.

Schwarz, Hunter. “NSA: The 2016 Issue that Defies Partisanship.” Washingt

(May 8, 2015).

Available online at: [http://www.washingtonpost.com/blogs/the-fix/wp/2015/

the-issue-that-unites-hillary-clinton-with-ted-cruz/].

The author reports on the New York federal appeals court ruling that held ma

of phone records by the NSA to be illegal. Responses from 2016 presidential 

included. According to the author, declared and potential 2016 candidates we

about this major ruling.

Semitsu, Junichi P. “From Facebook to Mug Shot: How the Dearth of Social 

Privacy Rights Revolutionized Online Government Surveillance.” Pace Law 

31, no. 1 (Winter 2011): 291-381.

Social media users in the United States lack a reasonable expectation of priva

government surveillance of virtually all of their online activity, despite many 

privacy settings. The author believes this is a problem and wants to call attent

Shamsi, Hina and Alex Abdo. “Privacy and Surveillance Post-9/11.” Human 

Magazine, vol. 38, no. 1 (Winter 2011).

Available online at:

[http://www.americanbar.org/publications/human_rights_magazine_home/hu

vol38_2011/human_rights_winter2011/privacy_and_surveillance_post_9-11.

As director of the American Civil Liberties Union’s National Security Project 

attorney with the National Security Project, respectively, the authors briefly d

new technology that promises to deliver ease and connectivity also permits m

government surveillance and data mining. They explore how a structural failu

JA 95-475 
nation

s system of checks and balances has permitted the erosion of American

rights.

The Hill Staff. “Cybersecurity Hinges on Surveillance Understanding, NSA D

Says.” TheHill.com (October 9, 2013).

Available online at: [http://thehill.com/policy/technology/327623-cybersecur

on-surveillance-understanding-nsa-director-says].

The National Security Agency’s Director stated that there is no way the intell

community can be more transparent.

“U.S. Court Rules NSA Mass Surveillance Illegal.” Amnesty International US

2015).

Available online at: [http://www.amnestyusa.org/news/press-releases/us-cour

mass-surveillance-illegal].

A press release by Amnesty International announces that the U.S. governmen

surveillance of communications received a major setback when a court of app

that the National Security Agency’s bulk collection of phone records was ille

Zaru, Deena. “Dilemmas of the Internet Age: Privacy vs. Security.” CNNPoli

(March 29, 2014).

Available online at: [http://www.cnn.com/2015/02/04/politics/deena-zaru-int

privacy-security-al-franken/].

This article looks at the dilemmas of the Internet age in a world of smart phon

smart cars, where the Internet follows you wherever you go.

Background and Recent History of U.S. Domestic Surveillance

Books

Arnold, Jason Ross. Secrecy in the Sunshine Era: The Promise and Failures o

Government Laws. Lawrence, KS: University Press of Kansas, 2014.

A series of laws passed in the 1970s promised the nation unprecedented trans

government, a veritable “sunshine era.” Though citizens enjoyed a new arsen

JA 95-475 
secrecy-busting tools, officials developed a handy set of workarounds, from

overclassification to concealment, shredding, and burning. Jason Ross Arnold 

this “dark side” of the sunshine era in a comparative history of presidential re

the new legal regime.

Glennon, Michael J. National Security and Double Government. New York, N

University Press, 2014.

Michael J. Glennon challenges the myth that U.S. security policy is still forge

America’s visible “Madisonian institutions” – the President, Congress, and th

Their roles, he argues, have become largely illusory, ceding power to a conce

“Trumanite network” – the several hundred managers of the military, intellig

diplomatic, and law enforcement agencies responsible for protecting the natio

come to operate largely immune from constitutional and electoral restraints.

Goldfarb, Ronald, Hodding Carter, David Cole, Thomas S. Blanton, Jon Mill

Seigel, and Edward Wasserman. After Snowden: Privacy, Secrecy, and Secur

Information Age. New York, NY: Thomas Dunne Books, 2015.

Includes seven essays by legal and political scholars examining the ramificati

Edward Snowden’s information leak. The essays examine questions including

Edward Snowden a patriot or a traitor? Just how far do American privacy righ

And how far is too far when it comes to government secrecy in the name of s

Greenwald, Glenn. No Place to Hide: Edward Snowden, the NSA, and the U.S

Surveillance State. New York, NY: Metropolitan Books, 2014.

Journalist Greenwald recounts his meeting with an anonymous source who tu

be NSA contractor and whistleblower Edward Snowden. Greenwald examine

broader implications of the surveillance detailed in his reporting for The Gua

reveals fresh information on the NSA’s unprecedented abuse of power.

Richards, Neil. Intellectual Privacy: Rethinking Civil Liberties in the Digital 

York, NY: Oxford University Press, 2015.

In this book, Richards argues that when privacy and free speech truly conflict

speech should almost always win. Only when disclosures of truly horrible inf

JA 95-475 
are made should privacy be able to trump our commitment to free expression

argues that speech and privacy are only rarely in conflict.

Background and Recent History of U.S. Domestic Surveillance

Government Reports

Doyle, Charles. CRS Report R41733. Privacy: An Overview of the Electronic

Communications Privacy Act. Washington, D.C.: Congressional Research Se

This report to Congress provides an overview of the Electronic Communicati

Act (ECPA) and the Foreign Intelligence Surveillance Act (FISA). ECPA con

three parts. The first, often referred to as Title III, outlaws wiretapping and el

eavesdropping, except as otherwise provided. The second, the Stored Commu

Act, governs the privacy of, and government access to, the content of electron

communications and related records. The third outlaws the use and installatio

registers and trap and trace devices, unless judicially approved for law enforc

intelligence-gathering purposes.

Liu, Edward C., Andrew Nolan, and Richard M. Thompson II. CRS Report R

Overview of Constitutional Challenges to NSA Collection Activities. Washing

Congressional Research Service.

This report provides a brief overview of the two main NSA collection activiti

by the Foreign Intelligence Surveillance Court (FISC). The first is the bulk co

telephony metadata for domestic and international telephone calls. The secon

the interception of Internet-based communications; while targeted at foreigne

the United States, it may also inadvertently acquire the communications of U

The report examines the various constitutional challenges that have arisen in j

forums with respect to each.

1 Congressional Research Service reports are available by way of a request to your Member o

You may find your House of Representatives Member at http://clerk.house.gov or your U.S. 

http://www.senate.gov/senators/contact.

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Stevens, Gina and Charles Doyle. CRS Report 98-326. Privacy: An Overview 

Statutes Governing Wiretapping and Electronic Eavesdropping. Washington, 

Congressional Research Service.

An overview of the Electronic Communications Privacy Act (ECPA) and the 

Intelligence Surveillance Act (FISA). The report includes the text of the two 

appendices listing the citations to state statutes that correspond to various asp

ECPA.

Theohary, Catherine A. and Edward C. Liu. CRS Report R43134. NSA Surve

Leaks: Background and Issues for Congress. Washington, D.C.: Congression

Service.

This report clarifies the differences between two intelligence collection progr

recently received attention in the investigations into NSA surveillance and un

disclosures: the program that collects phone records in bulk and the program 

electronic communications of foreign targets overseas whose communication

through American networks.

Thompson II, Richard M. CRS Report R43965. Domestic Drones and Privac

Washington, D.C.: Congressional Research Service.

A primer on privacy issues related to various unmanned aircraft systems (UA

operations, both public and private, including an overview of current UAS us

privacy interests implicated by these operations, and various potential approa

privacy regulation. The report discusses two overarching privacy issues impli

domestic drone flights and makes clear that understanding privacy rights vis-

is not as simple as applying Supreme Court case law or federal and state statu

Thompson II, Richard. CRS Report R42701. Drones in Domestic Surveillanc

Operations: Fourth Amendment Implications and Legislative Responses. Wa

D.C.: Congressional Research Service.

This report provides a more in-depth look at privacy and drones. It addresses 

drones under the Fourth Amendment right to be free from unreasonable searc

seizures. While individuals may expect substantial protections against warran

government intrusions into their homes, the Fourth Amendment offers less ro

JA 95-475 
restrictions upon government surveillance occurring in public places, includin

immediately outside the home such as driveways or backyards.

Background and Recent History of U.S. Domestic Surveillance

Think Tanks

American Civil Liberties Union.

Available online at: [https://www.aclu.org/].

For almost 100 years, the ACLU has worked to defend and preserve the indiv

and liberties guaranteed by the Constitution and laws of the United States. Th

Privacy and Technology project (available online at:

[https://www.aclu.org/issues/privacy-technology]) works to expand the right 

increase the control individuals have over their personal information, and ens

liberties are enhanced rather than compromised by technological innovation.

Center for Democracy & Technology.

Available online at: [https://cdt.org/].

The Center for Democracy & Technology (CDT) is a 501(c)(3) nonprofit org

that works to preserve the user-controlled nature of the Internet and champion 

expression. The CDT supports laws, corporate policies, and technology that p

privacy of Internet users, and advocates for stronger legal controls on governm

surveillance.

Center on Privacy & Technology at Georgetown Law.

Available online at: [http://www.law.georgetown.edu/academics/centersinstitutes/privacy-technology/].

The Center on Privacy & Technology is a think tank that aims to bridge the g

the policy and academic worlds on privacy. It also trains Georgetown Univer

students to be leaders in privacy practice, policymaking, cybersecurity law, an

advocacy. Privacy issues presented by the technologies that digitize our “offl

such as health apps, “wearables,” and biometric identification techniques, and 

JA 95-475 
implications of Big Data techniques on civil rights and vulnerable communiti

concerns of this think tank.

Liberty, Privacy & Surveillance Advocacy at the American Library Associati

Available online at: [http://www.ala.org/advocacy/privacyconfidentiality].

The American Library Association’s (ALA) extensive First Amendment, libe

privacy principles guide the association’s work in the federal legislative and p

as well as at the state and local levels in order to protect personal privacy base

longstanding commitment to patron privacy. Advancing the library communi

principles to protect patron confidentiality requires major grassroots work fro

library community to promote library priorities in these environments. There 

divisions of ALA that work on these important issues: the Surveillance, Priva

Government and Constitutional Rights group, the Office for Intellectual Freed

Office of Government Relations.

Open Technology Institute at the New America Foundation.

Available online at: [https://www.newamerica.org/oti/].

The Open Technology Institute strengthens communities through research, te

innovation, and policy reform. It creates reforms to support open source innov

foster open technologies and communications networks. Partnering with com

researchers, and industry and public interest groups, they promote affordable, 

and ubiquitous communications networks.

Sunlight Foundation.

Available online at: [http://sunlightfoundation.com/].

The Sunlight Foundation is a national, nonpartisan, nonprofit organization tha

tools of open data, policy analysis, and journalism to make our government an

more accountable and transparent to all. Their vision is to use technology to e

complete, equitable, and effective democratic participation.

JA 95-475 
Background and Recent History of U.S. Domestic Surveillance

Websites

Council on Foreign Relations. 2013. “U.S. Domestic Surveillance.”

Available online at: [http://www.cfr.org/intelligence/us-domestic-surveillance

The website discusses the rise of domestic surveillance under the Bush Admi

and the challenges to domestic surveillance policy today. Includes an interact

The Guardian that attempts to explain the findings from the Snowden leaks.

Types of Domestic Surveillance

Articles

Betts, Jennifer and Sakir Sezer. “Ethics and Privacy in National Security and 

Infrastructure Protection.” 2014 IEEE International Symposium on Ethics in S

Technology and Engineering (May 2014): 1-7.

This paper highlights the importance of ethical principles in the design of crit

infrastructure network protection systems, focusing on privacy and data prote

explanations and perspectives.

Boghosian, Heidi. “The Business of Surveillance.” Human Rights, vol. 39, no

2013): 2-5, 23.

In addition to engaging in data mining, multinational companies are employin

sophisticated technology, such as radio frequency identification (RFID) chips

semiconductors, and chips that can be configured to allow law enforcement “

access to monitor communications or that enable location-based services to tr

citizens’ whereabouts. Under the Patriot Act, a host of personal records – from 

magazine subscriptions – are available to the FBI if an agent claims they are s

an “authorized investigation” related to international terrorism. Since the adv

Total Information Awareness program, data mining has been the go-to metho

domestic spying.

JA 95-475 
Cayford, Michelle, Coen van Gulijk, and P.H.A.J.M van Gelder. 

When Cou

Enough: Limitations of NSA’s Effective Assessment of Surveillance Technol

IEEE Joint Intelligence and Security Informatics Conference (JISIC) (Septem

The NSA has justified its surveillance programs by citing the number of terro

activities these programs disrupted. This paper finds this method of measurin

effectiveness of surveillance technology short-sighted, arguing that it is only 

of effectiveness and should not be used in isolation.

Clement, Andrew. “IXmaps – Tracking Your Personal Data through the NSA

Warrantless Wiretapping Sites.” 2013 IEEE International Symposium on Tec

Society (ISTAS) (June 2013).

This paper reports on the development of the IXmaps interactive mapping app

designed to show Internet users how their personal traffic may be intercepted 

NSA. It also discusses the potential for this mapping technique to serve as a t

achieving better public understanding of surveillance in the Internet core.

Gao, George. “What Americans Think About NSA Surveillance, National Se

Privacy.” (May 29, 2015).

Available online at: [http://www.pewresearch.org/fact-tank/2015/05/29/what-

think-about-nsa-surveillance-national-security-and-privacy/].

Explores government surveillance programs and opinions of Americans on se

versus civil liberties.

Conti, Greg, Lisa Shay, and Woodrow Hartzog. “Deconstructing the Relation

Between Privacy and Security.” IEEE Technology and Society Magazine, vol

(Summer 2014): 28-30.

This article explores the relationship between privacy and security and seeks 

the notion that privacy and security trade-offs are effective or even necessary

Geer, Daniel E. “Personal Data and Government Surveillance.” IEEE Security 

vol. 12, no. 4 (July-August 2014): 90-96.

The author discusses data acquisition as the core issue in cybersecurity, the

professionalization of cybersecurity, and personal data and the government.

JA 95-475 
Konheim, Alan G. 

To Let Them Monitor or Not ... Perhaps that is Not the R

Question.” IEEE Technology and Society Magazine, vol. 33, no. 3 (Fall 2014

We learn that the NSA may be interfering with secured Internet transactions b

backdoor attack, “a method of bypassing normal authentication, securing illeg

access to a computer, obtaining access to plaintext, and more while attemptin

undetected.”

McCutcheon, Chuck. “Government Surveillance: Is Government Spying on A

Excessive?” CQ Researcher by CQ Press, vol. 23-30 (August 2013).

This article discusses surveillance measures, including the use of unmanned “

aircraft and tiny video cameras, and claims that internal safeguards – includin

civil liberties oversight board created in 2004 – has prevented the federal gov

from becoming “Big Brother.”

Miller, Keith W. “A Secret Sociotechnical System.” IT Professional, vol. 15, 

2013): 57-59.

Sociotechnical systems and the potential implications and social outcomes of

governmental metadata collection are explained.

Mulligan, Deirdre K. “The Enduring Importance of Transparency.” IEEE Sec

Privacy, vol. 12, no. 3 (May-June 2014): 61-65.

The Ware report’s2recommendation that there be no secret government syste

records containing personal information about individuals has renewed urgen

Ware report continues to hold its place as the first principle of fairness in the 

Information Practices.

Pfleeger, Shari L. “The Eyes Have It: Surveillance and How It Evolved.” IEE

Privacy, vol. 12, no. 4 (July 2014): 74-79.

A brief history of surveillance, technological and otherwise, is presented. It in

discussion of some of the issues technologists should consider when building 

2 Dr. Willis Ware's report, "Records, Computers and the Rights of Citizens," became the foun

Privacy Act of 1974. The Privacy Act is the most comprehensive privacy law ever enacted in 

States.

JA 95-475 
and hardware to capture and analyze personal characteristics, habits, moveme

more.

Rash, Wayne. “Think Tank Warns U.S. Surveillance Efforts Undermine IT In

eWEEK.com (December 10, 2014).

Available online at: [http://www.eweek.com/security/think-tank-warns-u.s.-su

efforts-undermine-it-industry.html].

This article discusses the effects of the current state of surveillance involving 

software, cloud, and hardware companies, with particular focus on the recent 

case.

Sobel, Richard. “The Right to Travel and Privacy: Intersecting Fundamental F

Journal of Information Technology & Privacy Law, vol. 30, no. 4 (2014).

Available online at:

[http://repository.jmls.edu/cgi/viewcontent.cgi?article=1746&context=jitpl].

In a discussion of mechanisms of travel surveillance, the author argues that th

requirement of official photo identification for travel, watch-list prescreening 

and invasive airport scans and searches unreasonably burden the right to trave

Types of Domestic Surveillance

Books

Bellaby, Ross. Ethics and Intelligence Collection: A New Framework. New Y

Routledge, 2014.

This book discusses types of intelligence and ethical frameworks for intellige

gathering.

Boon, Kristen and Douglas C. Lovelace. The Drone Wars of the 21st Century

Benefits. Oxford, UK: Oxford University Press, 2014.

Covers how drones are beginning to be used domestically for law enforcemen

Clarke, Richard A., Michael J. Morell, Geoffrey R. Stone, Cass R. Sunstein, a

Swire. The NSA Report: Liberty and Security in a Changing World. Princeton

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Princeton University Press, 2014.

The authors examine the extent of NSA surveillance programs and call for do

urgent and practical reforms. The result is a blueprint showing how the gover

reaffirm its commitment to privacy and civil liberties – without compromisin

security.

Cohen, Elliot D. Technology of Oppression: Preserving Freedom and Dignity 

of Mass, Warrantless Surveillance. New York, NY: Palgrave Macmillan, 201

This book offers a systematic analysis of mass surveillance in America, along 

changes and software developments necessary to establish an Internet-based, 

forum for transparency affecting legal and technological change.

Deibert, Ronald, Canadian Defence and Foreign Affairs Institute, and Canadi

International Council. Shutting the Backdoor: The Perils of National Security 

Surveillance Programs. Toronto, Canada: Canadian Defence and Foreign Aff

Institute, 2013.

Available online at: [http://opencanada.org/wp-content/uploads/SL13CIC018

Deibert-v3.pdf].

As governments have sought to monitor digital communications for security p

the “backdoor” paradigm has become the predominant approach. The “backd

concept is used to describe the way in which governments compel or get the c

of private sector companies to provide access to the data they control.

Engdahl, Sylvia. Domestic Wiretapping. Farmington Hills, MI: Greenhaven P

Describes how wiretapping works and explores the various controversies surr

Engelhardt, Tom. Shadow Government: Surveillance, Secret Wars, and a Glo

State in a Single Superpower World. Chicago, IL: Haymarket Books, 2014.

This book discusses how national security concerns of the past have morphed 

security issues.

Kirchner, Richard. Surveillance and Threat Detection Prevention Versus Miti

Waltham, MA: Butterworth-Heinemann, 2014.

Available online at: [http://www.books24x7.com/marc.asp?bookid=62201].

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Terrorists and criminals often rely on pre-attack and pre-operational planning 

surveillance activities that can last a period of weeks, months, or even years. 

discusses how identifying and disrupting this surveillance is key to preventing 

Kraft, Michael and Edward Marks. U.S. Government Counterterrorism: A Gu

Does What. Boca Raton, FL: CRC Press, 2012.

This is a guide to the many U.S. government agencies, bureau offices, and pro

involved in all aspects of countering terrorism domestically and overseas.

Kreitner, Richard. Surveillance Nation: Critical Reflections on Privacy and it

Articles from the Nation, 1931 – the Present. New York, NY: The Nation, 20

A collection of writings on the rise of the surveillance state in the U.S. since p

presented.

Segrave, Kerry. Wiretapping and Electronic Surveillance in America, 1862-1

Jefferson, NC: McFarland & Company, Inc. Publishers, 2014.

Available online at: [http://public.eblib.com/choice/PublicFullRecord.aspx?p

Following Edward Snowden’s revelations in 2013, Americans have come to r

they may be under surveillance at any time. It all started 150 years ago on the 

of the Civil War, where each side tapped the other’s telegraph lines. The histo

surveillance through 1920 is discussed.

Thompson, Tamara. Domestic Surveillance. Farmington Hills, MI: Greenhav

2015.

The author presents a collection of writings on types of domestic surveillance 

on its effects on privacy, the economy, and government transparency.

Types of Domestic Surveillance

Government Reports

U.S. Government Accountability Office. 2014. GAO Report 14-796T. Secure 

Additional Actions Needed to Determine Program Effectiveness and Strength

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Oversight Mechanisms. Washington, D.C.: U.S. Government Accountability 

Available online at: [http://www.gao.gov/products/GAO-14-796T].

This article discusses and critiques the Transportation Security Administratio

Secure Flight program and processes in place to implement Secure Flight scre

determinations.

U.S. Government Accountability Office. 2012. GAO Report 12-981. Unmann

Systems: Measuring Progress and Addressing Potential Privacy Concerns W

Facilitate Integration into the National Airspace System. Washington, D.C.: U

Government Accountability Office.

Available online at: [http://www.gao.gov/products/GAO-12-981].

This report discusses the status of obstacles identified in GAO’s 2008 report t

unmanned aircraft systems (UAS) into the national airspace system, the FAA

in meeting its congressional requirements for UAS, and emerging issues.

U.S. Government Accountability Office. 2012. GAO Report 12-889T. Unma

Aircraft Systems: Use in the National Airspace System and the Role of the De

Homeland Security. Washington, D.C.: U.S. Government Accountability Off

Available online at: [http://www.gao.gov/products/GAO-12-889T].

This report discusses obstacles identified in GAO’s previous report on the saf

routine integration of UAS into the national airspace, and DHS’s role in the d

of these systems.

Types of Domestic Surveillance

Think Tanks

Digital Due Process.

Available online at: [http://digitaldueprocess.org/index.cfm?objectid=379403

11DF-8E02000C296BA163].

Digital Due Process is a diverse coalition of privacy advocates, major compan

think tanks, working together to provide stronger privacy protections in comm

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Electronic Frontier Foundation (EFF).

Available online at: [https://www.eff.org/].

Founded in 1990, EFF champions user privacy, free expression, and innovati

impact litigation, policy analysis, grassroots activism, and technology develop

EPIC - Electronic Privacy Information Center.

Available online at: [https://www.epic.org/].

EPIC works to protect privacy, freedom of expression, and democratic values

promote the public’s voice in decisions concerning the future of the Internet.

Future of Privacy.

Available online at: [http://www.futureofprivacy.org/].

The Future of Privacy Forum (FPF) is a Washington, D.C.-based think tank t

advance responsible data practices.

Global Commission on Internet Governance.

Available online at: [https://www.ourinternet.org/].

The Global Commission on Internet Governance was established in January 2

articulate and advance a strategic vision for the future of Internet governance

Progress and Freedom Foundation.

Available online at: [http://www.pff.org/].

The Progress and Freedom Foundation is a market-oriented think tank that stu

digital revolution and its implications for public policy.

Types of Domestic Surveillance

Websites

Currier, Cora, Justin Elliott, and Theodoric Meyer. 2013. “Mass Surveillance 

A Timeline of Loosening Laws and Practices.” ProPublica.

Available online at: [https://projects.propublica.org/graphics/surveillance-tim

Includes a list of surveillance activities from a patchwork of official statemen

documents, and anonymously sourced news stories.

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Democracy Now! 

Domestic Surveillance.

Available online at: [http://www.democracynow.org/topics/domestic_surveill

Democracy Now! (a national daily independent news program) provides stori

and pages that relate to domestic surveillance.

Electronic Frontier Foundation. “How the NSA’s Domestic Spying Program 

Available online at: [https://www.eff.org/nsa-spying/how-it-works].

Background on NSA’s domestic spying program, known in official governme

documents as the “President’s Surveillance Program.”

Stray, Jonathan. 2013. “FAQ: What You Need to Know about the NSA’s Sur

Programs.” ProPublica.

Available online at: [http://www.propublica.org/article/nsa-data-collection-fa

This online story contains a list of several secret NSA collection programs tha

revealed.

Legislation and Case Law

Statutes

Foreign Intelligence Surveillance Act, Public Law No. 95-511, 92 Stat. 1783 

Available online at: [http://www.gpo.gov/fdsys/pkg/STATUTE-92/pdf/STAT

Pg1783.pdf].

Enacted in response to congressional Church Committee3investigations of fe

surveillance activities, FISA permitted the President, acting through the Attor

General, to authorize electronic surveillance for foreign intelligence purposes 

court order in certain circumstances. The act established a court of review for

surveillance applications, and specified the terms of the ex parte orders. The A

3 The Church Committee was the United States Senate Select Committee to Study Governme

Operations with Respect to Intelligence Activities, chaired by Senator Frank Church (D-ID) 

precursor to the U.S. Senate Select Committee on Intelligence, the committee investigated in

gathering for illegality by the Central Intelligence Agency, National Security Agency, and Fe

of Investigation after certain activities had been revealed by the Watergate affair.

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General was required to report instances of such applications, with a Report t

on its implementation. Additionally, the statute provided for both penalties to

unauthorized persons conducting surveillance and civil liability to aggrieved 

Electronic Communications Privacy Act, Public Law No. 99-508, 100 Stat. 1

Available online at: [http://www.gpo.gov/fdsys/pkg/STATUTE-100/pdf/STA

Pg1848.pdf].

Introduced by Rep. Kastenmeier, the enacted legislation extended the prohibi

unauthorized interception of communications to include specific types of elec

communication. Prohibited access to stored communications (see Public Law 

below) and the installation or use of a pen register or a trap and trace device w

court order. Imposed criminal penalties for violations.

Stored Communications Act, Public Law No. 99-508, Title II, 100 Stat. 1860 

Available online at: [http://www.gpo.gov/fdsys/pkg/STATUTE-100/pdf/STA

Pg1848.pdf].

A provision of the ECPA, Title II, explicitly prohibited access to stored comm

without authorization and the disclosure of such content. It prescribed the term

which governmental entities could require the disclosure, for communication 

for 180 days or less. Without notifying the customer, a governmental entity c

a service provider to create a backup for its use. Customers could challenge su

within 14 days after notice. Notification could be delayed up to a period not t

days if it was determined that the notice would result in adverse results.

Uniting and Strengthening America by Providing Appropriate Tools Required 

Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, Public 

107-56, 115 Stat. 272 (2001).

Available online at: [http://www.gpo.gov/fdsys/pkg/STATUTE-115/pdf/STA

Pg272.pdf].

Introduced by Rep. Sensenbrenner, the USA PATRIOT Act, “To deter and p

terrorist acts in the United States and around the world, to enhance law enforc

investigatory tools, and for other purposes,” was enacted in response to 9/11. 

authorized measures for enhancing domestic security and surveillance proced

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increased northern border protection. Provisions addressed certain obstacles t

investigating terrorism, providing aid to terrorism victims and their families, 

regional networks to share information related to terrorism attacks, strengthen

criminal law provisions, and recommending measures to improve intelligence 

Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, Pub

110-261, 122 Stat. 2436 (2008).

Available online at: [http://www.gpo.gov/fdsys/pkg/PLAW-110publ261/pdf/

110publ261.pdf].

Introduced by Rep. Reyes, the FISA of 1978 Amendments Act of 2008 amen

authorizing, “for periods up to one year, the targeting (electronic surveillance

located outside the United States in order to acquire foreign intelligence infor

under specified limitations.” The act prohibited federal or civil actions agains

(including an electronic communication service provider or a landlord or cust

providing surveillance assistance to an intelligence community member if cer

Attorney General, under certain conditions.

Uniting and Strengthening America by Fulfilling Rights and Ensuring Effecti

Discipline Over Monitoring (USA FREEDOM) Act of 2015, Public Law No. 

129 Stat. 268 (2015).

Available online at: [https://www.congress.gov/bill/114th-congress/house-bil

Introduced by Rep. Sensenbrenner, the USA FREEDOM Act amends FISA b

establishing privacy protections for section 215 business records orders, requ

Department of Justice Inspector General and the intelligence community to co

audits and submit implantation reports. The Act requires that court orders for 

registers or trap and trace devices include specific selection terms, clarifies ac

targeting outside the U.S., reforms the Foreign Intelligence Surveillance Cour

ensures that National Security Letters are not used in bulk collection.

JA 95-475 
Legislation and Case Law

Bills/Legislative Activity

Email Privacy Act (H.R. 699, 114th Congress).

Available online at: [https://www.congress.gov/bill/114th-congress/house-bil

Introduced by Rep. Yoder, the bill proposes amendments to the Electronic

Communications Privacy Act prohibiting providers from disclosing contents 

governmental entity, with certain exceptions. The Act requires the governmen

warrants regardless of the length of storage and nature of electronic communi

also directs the Comptroller General to report to Congress regarding such dis

requires the government to provide such customers with a notification and co

warrant disclosing their communications.

Drone Aircraft Privacy and Transparency Act (S.635, 114th Congress).

Available online at: [https://www.congress.gov/bill/114th-congress/senate-bi

its counterpart, the Drone Aircraft Privacy and Transparency Act (H.R. 1229, 

Congress).

Available online at: [https://www.congress.gov/bill/114th-congress/house-bil

Both legislative proposals amend the FAA Modernization Reform Act of 201

would prohibit the FAA from issuing any certificate, license, or other grant o

to operate a drone system unless it meets certain data transparency requireme

exceptions would be granted in “exigent circumstances” involving the belief 

“imminent danger of death or serious physical injury” or “high risk of an imm

terrorist attack by a specific individual or organization.”

Location Privacy Protection Act of 2014 (S.2171, 113th Congress; introduced

3/27/2014).

Available online at: [https://www.congress.gov/bill/113th-congress/senate-bi

Introduced by Senator Franken, the legislation proposed prohibiting non-gove

individuals or entities from knowingly collecting or disclosing geolocation in

from an electronic communications device. Covered entities would be require

individuals and make public information details available if collecting geoloc

more than 1,000 devices. The bill would require the Attorney General to issue 

JA 95-475 
to implement these requirements. The bill prohibited usage and disclosure in 

domestic violence or stalking, in addition to establishing an Anti-Stalking Fun

Location Privacy Protection Act of 2012 (S.1223, 112th Congress; introduced

6/16/2011).

Available online at: [https://www.congress.gov/bill/112th-congress/senate-bi

Introduced in 2011 by Senator Franken, the bill proposed amending the feder

code with certain protections and exceptions on the collection or disclosure o

geolocation information to or by nongovernmental entities.

U.S. Congress. House Committee on the Judiciary. Constitutional Limitations 

Domestic Surveillance: Hearing before the Subcommittee on the Constitution

Rights, and Civil Liberties of the Committee on the Judiciary, House of Repre

110th Congress, 1st Session, Thursday, June 7, Serial No. 110-45. Washington

GPO, 2007.

Available online at: [http://www.gpo.gov/fdsys/pkg/CHRG-110hhrg35861/pd

110hhrg35861.pdf].

The hearing examined the constitutional and statutory restrictions on domesti

surveillance, the Bush administration’s NSA terrorist surveillance program, th

President’s constitutional authority as chief executive and commander-in-chie

Foreign Intelligence Surveillance Act (FISA) requirements. Five witnesses pr

overviews of FISA activities from a variety of perspectives (U.S. Department 

Office of Legal Counsel, attorneys, Library of Congress, and the American C

Liberties Union).

U.S. Congress. House Committee on the Judiciary. Uniting and Strengthening 

by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring (USA

FREEDOM) Act of 2015: Report [To Accompany H.R. 2048]. 114th Congress

Session, May 8, 2015. H.Rept. 114-109. Washington, D.C.: GPO, 2015.

Available online at: [https://www.congress.gov/114/crpt/hrpt109/CRPT-114h

pt1.pdf].

Part of the legislative history of Public Law No. 114-23 and its related bill H.

JA 95-475 
report of the Committee explains the background and need of the legislation, 

section-by-section analysis.

Legislation and Case Law

Case Law

ACLU v. Clapper, 785 F.3d 787 (2d Cir. 2015).

The U.S. Court of Appeals for the Second Circuit held that Section 215 of the 

PATRIOT Act of 2001, as amended, did not authorize the National Security A

bulk telephony metadata collection program. The court held that the program

“requires that the phone companies turn over records on an ‘ongoing daily ba

no foreseeable end point, no requirement of relevance to any particular set of 

no limitations as to subject matter or individuals covered” – did not meet the 

requirement of being “relevant to an authorized investigation.” Because the c

that the program was not authorized by the statute, it did not evaluate its cons

under the Fourth Amendment. This decision vacated a lower-court decision, A

Clapper, 959 F. Supp. 2d 724 (S.D.N.Y. 2013).

In re Directives Pursuant to Section 105b of the Foreign Intelligence Surveill

551 F.3d 1004 (FISA Ct. Rev. 2008).

The Foreign Intelligence Surveillance Court of Review held that the governm

“protecting an interest of utmost significance to the nation – the safety and se

people” – justified “a foreign intelligence exception to the Fourth Amendmen

requirement ... when surveillance is conducted to obtain foreign intelligence f

security purposes and is directed against foreign powers or agents of foreign p

reasonably believed to be located outside the United States.” “For one thing, 

... goes well beyond any garden-variety law enforcement objective.”

Klayman v. Obama, 957 F. Supp. 2d 1 (D.D.C. 2013). Appeal Argued, No. 14

Cir. Nov. 4, 2014). (Appeal pending as of publication date).

The U.S. District Court for the District of Columbia ruled that the Fourth Am

JA 95-475 
prohibited a National Security Agency counterterrorism program that collecte

telephone call records in bulk without warrants. The court held that the bulk m

collection program invaded reasonable expectations of privacy. The court we

that the program was not justified under “special needs” precedents for suspic

warrantless searches and seizures, and that the limited record before the court 

demonstrate that the program was any faster or more effective than other inve

techniques.

Riley v. California, 134 S. Ct. 2473 (2014).

The Supreme Court unanimously held that the Fourth Amendment generally p

warrantless search for digital information on a cell phone seized from an arre

“search incident to arrest” doctrine allows police to search the person arrested 

officer safety and prevent the destruction or concealment of evidence. “[N]eit

[these] rationales has much force with respect to digital content on cell phone

Moreover, among “several interrelated consequences for privacy,” “[t]he sum 

individual’s private life can be reconstructed” due to modern cell phones’ “im

storage capacity.” “Our answer to the question of what police must do before 

cell phone seized incident to an arrest is accordingly simple – get a warrant.”

United States v. Jones, 132 S. Ct. 945 (2012).

The Supreme Court unanimously held that installing a GPS tracking device o

suspect’s vehicle and using it to track the vehicle’s movements for 28 days w

“search” under the Fourth Amendment, and therefore required a warrant. Five 

held that a “search” occurred because “the Government obtain[ed] informatio

physically intruding on a constitutionally protected area.” Four concurring ju

have reached the same result solely on grounds that the suspect’s “reasonable

expectations of privacy were violated by the long-term monitoring of the mov

the vehicle he drove.” The majority and concurring opinions sharply disagree

whether the correct test for a “search” is (or should be) based on physical tres

reasonable expectation of privacy alone, or some combination.

JA 95-475 
United States v. United States District Court, 407 U.S. 297 (1972).

The Supreme Court held that the Fourth Amendment requires the governmen

warrant from a neutral and disinterested magistrate before using electronic su

a domestic national-security case. “[U]nreviewed executive discretion may yi

readily to pressures to obtain incriminating evidence and overlook potential in

privacy and protected speech.” The Court emphasized it was not addressing s

“with respect to the activities of foreign powers, within or without this countr

Domestic Surveillance

Advantages

Articles

Atkinson, L. Rush. “The Fourth Amendment’s National Security Exception: I

and Limits.” Vanderbilt Law Review, vol. 66, no. 5 (October 2013): 1344-140

This article provides an overview of what national security investigations actu

and compares and contrasts them to traditional criminal investigations, (see p

51). The article focuses on the historical precedents of modern-day national s

investigations, dating back to 1797.

Lowry, Rich. “Patriot Hysteria: The Zacarias Moussaoui Protection Act.” Na

Review Online (August 28, 2003).

Available online at: [http://www.nationalreview.com/article/207877/patriot-h

lowry].

The author argues that no civil liberties have actually been violated under the 

PATRIOT Act, despite the “hysteria” surrounding it and the importance of “a

preemptive law enforcement.”

Yoo, John. “The Legality of the National Security Agency’s Bulk Data Surve

Programs.” Harvard Journal of Law & Public Policy, vol. 37, no. 3 (Summer 

930.

Argues that the Foreign Intelligence Surveillance Act blends “criminal and w

JA 95-475 
information gathering schemes,

and does not reflect a general attitude again

government surveillance.” Defends the legality and constitutionality of the N

Security Agency’s programs to collect bulk telephone metadata (“the magnitu

that the government seeks to prevent exceeds by several orders that of regular 

and electronic communications data between non-U.S. persons outside the Un

(“the Fourth Amendment does not provide rights outside the United States ex

citizens or those with sufficient connections to the nation, such as permanent 

aliens”).

Domestic Surveillance

Advantages

Books

Ashcroft, John D. 2006. Never Again: Securing America and Restoring Justic

York, NY: Center Street, 2006.

Former Attorney General John Ashcroft provides examples where the use of 

surveillance may have prevented terrorist attacks. In chapter 10, he argues tha

PATRIOT Act allowed the “fight against terror” to use surveillance technique

available in other areas of law enforcement.

Carroll, Jamuna, ed. Privacy. Farmington Hills, MI: Greenhaven Press, 2006.

This title is part of the Opposing Viewpoints Series. Chapter 1, titled “Do

Counterterrorism Measures Infringe on Privacy Rights?” includes two essays 

surveillance under the Patriot Act, one arguing that such surveillance violates 

one arguing that it protects Americans.

Huang, Lee-Sean and Nicholas DiBiase, eds. Freedom vs. Security: The Strug

Balance. New York, NY: International Debate Education Association, 2010.

This title is part of the International Debate Education Association (IDEA)

Contemporary Controversies Series. Part 4, titled “On Surveillance,” include

examine the conflict between privacy and safety.

JA 95-475 
Miller, Debra A., ed. Homeland Security. Farmington Hills, MI: Greenhaven 

This title is part of the Current Controversies Series. Chapter 4, titled “Do Ef

Enhance Homeland Security Threaten Civil Liberties?” includes essays that e

interplay between homeland security and the protection of civil liberties.

Office of the Director of National Intelligence, Office of General Counsel. In

Community Legal Reference Book. Washington, D.C.: GPO, 2012.

Available online at: [http://www.dni.gov/ogc].

From the book’s introduction: “The Intelligence Community draws much of i

and guidance from the body of law contained in this collection ... expanded a

... to reflect legal developments since the previous edition was published in 20

response to comments received from the Intelligence Community to that editi

Domestic Surveillance

Advantages

Think Tanks

“The Patriot Act and Related Provisions: The Heritage Foundation’s Research

Washington, D.C.: The Heritage Foundation, 2004.

Available online at: [http://www.heritage.org/research/reports/2004/11/the-pa

and-related-provisions-the-heritage-foundations-research].

A compilation of Heritage Foundation research on the USA PATRIOT Act.

Domestic Surveillance

Advantages

Websites

U.S. Department of Justice. “Preserving Life and Liberty.”

Available online at: [http://www.justice.gov/archive/ll/highlights.htm].

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This Department of Justice website provides a range of information on the US

PATRIOT Act. “Highlights” of the Act can be found in the section entitled “W

Patriot Act?” The website also includes sections that link to testimony and co

remarks, and a section entitled “Dispelling the Myths.”

Domestic Surveillance

Disadvantages

Articles

Dahl, Erik. “Domestic Intelligence Today: More Security but Less Liberty?” 

Security Affairs, vol. 7, no. 2 (2011).

This article discusses the restructuring and growth of the U.S. intelligence sys

September 11, 2001, and the debate over the creation of a domestic intelligen

The author argues that the balance between security and liberty in the United 

shifted “in the direction of more security, but less liberty.”

Etzioni, Amitai. “NSA: National Security vs. Individual Rights.” Intelligence 

Security, vol. 30, no. 1 (February 2015): 100-136.

This article provides analysis of the bulk phone records collection and PRISM 

of the National Security Agency to examine their effectiveness, and the relati

between the threats to national security and justifications for these programs. 

endeavors to address the scope of possible privacy violations, the legality and

constitutionality of the programs, and their accountability and oversight, inclu

concerns of abuse.

Richards, Neil M. “The Dangers of Surveillance.” Harvard Law Review, vol. 

(2012): 1934-1965.

The author draws on law, history, literature, and the work of scholars in surve

studies to address the significance of privacy rights and civil liberties in the c

government surveillance. He proposes principles for future surveillance law, 

examinations of transparency, oversight, and the “harmfulness” of surveillanc

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Setty, Sudha. 

Surveillance, Secrecy, and the Search for Meaningful Account

Stanford Journal of International Law, vol. 51, no. 1 (2015): 69-103.

This article discusses the growth of the surveillance infrastructure in the Unit

since September 11, 2001, in the context of secrecy, transparency, and oversi

author provides comparisons to surveillance-related powers and accountabilit

in the United Kingdom and India to advance the discussion of the efficacy,

accountability, and transparency of intelligence programs created and expand

address the threat of terrorism.

Vagle, Jeffrey L. “Furtive Encryption: Power, Trusts, and the Constitutional C

Collective Surveillance.” Indiana Law Journal, vol. 90, no. 1 (Winter 2015): 

This article discusses a provision of the Foreign Intelligence Surveillance Act 

that allows the United States National Security Agency (NSA) to keep indefin

encrypted information collected from domestic communications, regardless o

purpose of encryption. The authors discuss the constitutionality of the collect

electronic communications from U.S. citizens that are hidden or obscured thr

encryption, and argue that this is in conflict with the Fourth Amendment, as a 

“suspicionless search and seizure.”

Domestic Surveillance

Disadvantages

Books

Landau, Susan Eva. Surveillance or Security? The Risks Posed by New Wiret

Technologies. Cambridge, MA: MIT Press, 2010.

Examines the history of surveillance and security in the United States, includ

histories of communication technology, policy, and law, with a focus on infor

data in the modern world. The author discusses the effect of surveillance poli

privacy and government transparency, and offers advice on future policy and 

address these issues.

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Lind, Nancy S. and Erik Rankin. Privacy in the Digital Age: 21

-Century Ch

the Fourth Amendment. Santa Barbara, CA: Praeger, 2015.

This two-volume set discusses the impact of surveillance and data collection 

as defined in the Fourth Amendment to the U.S. Constitution. It examines the 

privacy rights engendered by the ability of digital technology to intercept, mi

personal data, most often without the knowledge of those being monitored,” a

examines “the possible impact of the widespread gathering of such data by la

enforcement, security agencies, and private corporations.” It includes essays o

history and intent of the Fourth Amendment as it relates to recent court cases 

Solove, Daniel J. Nothing to Hide: The False Tradeoff Between Privacy and S

New Haven, CT: Yale University Press, 2011.

The book endeavors to counter the argument that privacy must be sacrificed f

through an examination of the history of this debate, the laws protecting priva

concerns about new technologies. The author discusses concerns with current

surveillance policies and proposes alternatives, including changes to oversigh

regulations.

Domestic Surveillance

Disadvantages

Think Tanks

Bendix, William and Paul J. Quirk. Secrecy and Negligence: How Congress L

of Domestic Surveillance. Washington, D.C.: Brookings Institution, March 20

Available online at:

[http://www.brookings.edu/~/media/research/files/papers/2015/03/02-secrecy

negligence-congres-surveillance-bendix-quirk/ctibendixquirksecrecyv3.pdf].

This paper examines the role of the executive and legislative branches of gov

oversight and control of domestic surveillance programs in the United States. 

contend the United States Congress yielded oversight of surveillance program

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executive branch by 

repeatedly reauthoriz[ing] intelligence-gathering activit

basis of false and misleading accounts of their scope.” The authors suggest re

Congressional involvement and oversight of classified surveillance programs

JA 95-475 
SUBJECT BIBLIOGRAPHY

This section of the bibliography was compiled by the U. S. Government Publishi

Library Services and Content Management.

These resources are available for purchase at the GPO bookstore a

http://bookstore.gpo.gov/

“Resolved: The United States Federal Government Should Substantially C

Its Domestic Surveillance”

Annual Open Hearing on Current and Projected National Security Threats to the Un

Hearing, January 29, 2014

Publisher: Select Committee on Intelligence of the Senate

Year/Pages: 2015: 68 p.

Price: $7.50

Code of Federal Regulations, Title 32, National Defense, Pt. 191–399. Revised as of Ju

Publisher: National Archives and Records Administration, Office of the Federal Register

Year/Pages: 2014: 1147 p.

Price: $69.00

Studies in Intelligence, Journal of the American Intelligence Professional, V. 58, No. 2 

Articles from June 2014)

Publisher: Central Intelligence Agency, Center for the Study of Intelligence

Year/Pages: 2014: 94 p.; ill.

Price: $9.00

Constitutional Limitations on Domestic Surveillance, Hearing, June 7, 2007

Publisher: Committee on the Judiciary of the House of Representatives

Year/Pages: 2013: 156 p.

Price: $20.00

JA 95-475 
Cybersecurity: Preventing Terrorist Attacks and Protecting Privacy in Cyberspace, H

November 17, 2009

Publisher: Committee on the Judiciary, Subcommittee on Crime, Terrorism, and Homeland 

the Senate

Year/Pages: 2010: 184 p.

Price: $16.00 

Cybersecurity: The Evolving Nature of Cyber Threats Facing the Private Sector, Hea

March 18, 2015

Publisher: Subcommittee on Information Technology of the Committee on Oversight and G

Reform of the House

Year/Pages: 2015: 109 p.

Price: $12.00

Do-Not-Track Legislation: Is Now the Right Time? Hearing, December 2, 2010

Publisher: Committee on Energy and Commerce, Subcommittee on Commerce, Trade, and 

Protection of the U.S. House of Representatives 

Year/Pages: 2013: 158 p.

Price: $15.00 

2014 The FBI Story

Publisher: Justice Department, Federal Bureau of Investigation

Year/Pages: 2014: 115 p.; ill.

Price: $22.00

How Data Mining Threatens Student Privacy, Joint Hearing, June 25, 2014

Publisher: Committee on Homeland Security, Subcommittee on Cybersecurity, Infrastructu

and Security Technologies and Committee on Education and the Workforce of the House

Year/Pages: 2015: 61 p. 

Price: $7.00

JA 95-475 
Industry Perspectives on the President

s Cybersecurity Information Sharing Proposa

March 4, 2015

Publisher: Committee on Homeland Security, Subcommittee on Cybersecurity, Infrastructu

and Security Technologies and Committee on Education and the Workforce of the House

Year/Pages: 2015: 57 p.

Price: $7.00

Striking the Right Balance: Protecting Our Nation's Critical Infrastructure from Cyb

and Ensuring Privacy and Civil Liberties, Hearing, April 25, 2013

Publisher: Committee on Homeland Security, Subcommittee on Cybersecurity, Infrastructu

and Security Technologies of the House

Year/Pages: 2013: 42 p.

Price: $5.25 

A number of additional resources on this topic are freely available on 

GPO’s Federal Digital System at http://www.gpo.gov/fdsys/search/home.ac

Constitutional Limitations on Domestic Surveillance, Hearing Before the Subcommit

Constitution, Civil Rights, and Civil Liberties of the Committee on the Judiciary Hou

Representatives, One Hundred Tenth Congress, First Session, June 7, 2007, Serial No

http://www.gpo.gov/fdsys/pkg/CHRG-110hhrg35861/pdf/CHRG-110hhrg35861.pdf

S. RES. 350, One Hundred Ninth Congress, Second Session, January 20, 2006

Expressing the sense of the Senate that Senate Joint Resolution 23 (107th Congress), as ado

Senate on September 14, 2001, and subsequently enacted as the Authorization for Use of M

does not authorize warrantless domestic surveillance of United States citizens. 

http://www.gpo.gov/fdsys/pkg/BILLS-109sres350is/pdf/BILLS-109sres350is.pdf

S. 1215 (IS)—FISA Accountability and Privacy Protection Act of 2013, One Hundred 

Congress, First Session, June 24, 2013

http://www.gpo.gov/fdsys/pkg/BILLS-113s1215is/pdf/BILLS-113s1215is.pdf

S. 436 (IS)—Domestic Surveillance Oversight Act of 2003, One Hundred and Eighth 

First Session, February 25, 2003

http://www.gpo.gov/fdsys/pkg/BILLS-108s436is/pdf/BILLS-108s436is.pdf

JA 95-475 
156 Congressional Record S2108

Expiring Domestic Surveillance Provisions, Congr

Record—Senate, March 25, 2010

http://www.gpo.gov/fdsys/pkg/CREC-2010-03-25/pdf/CREC-2010-03-25-pt1-PgS2108

H.R. 11 (IH)—NSA Oversight Act, One Hundred Tenth Congress, First Session, Janu

http://www.gpo.gov/fdsys/pkg/BILLS-110hr11ih/pdf/BILLS-110hr11ih.pdf

H.R. 4976 (IH)—NSA Oversight Act, One Hundred Ninth Congress, Second Session, 

March 16, 2006

http://www.gpo.gov/fdsys/pkg/BILLS-109hr4976ih/pdf/BILLS-109hr4976ih.pdf

H.R. 5371 (IH)—Lawful Intelligence and Surveillance of Terrorists in an Emergency 

One Hundred Ninth Congress, Second Session, May 11, 2006

http://www.gpo.gov/fdsys/pkg/BILLS-109hr5371ih/pdf/BILLS-109hr5371ih.pdf

151 Congressional Record H12145—Domestic Surveillance, Congressional Record—H

December 17, 2005

http://www.gpo.gov/fdsys/pkg/CREC-2005-12-17/pdf/CREC-2005-12-17-pt1-PgH1214

House Report 109–680 Electronic Surveillance Modernization Act Part 1, One Hundr

Congress, Second Session, September 25, 2006

http://www.gpo.gov/fdsys/pkg/CRPT-109hrpt680/pdf/CRPT-109hrpt680-pt1.pdf

House Report 109–680 Electronic Surveillance Modernization Act Part 2, One Hundr

Congress, Second Session, September 25, 2006

http://www.gpo.gov/fdsys/pkg/CRPT-109hrpt680/pdf/CRPT-109hrpt680-pt2.pdf

House Report 110–373, Part 1—Responsible Electronic Surveillance that is Overseen

and Effective Act of 2007 or Restore act of 2007, One Hundred Tenth Congress, First 

October 12, 2007

http://www.gpo.gov/fdsys/pkg/CRPT-110hrpt373/pdf/CRPT-110hrpt373-pt1.pdf

House Report 110–373, Part 2—Responsible Electronic Surveillance that is Overseen

and Effective Act of 2007 or Restore act of 2007, One Hundred Tenth Congress, First 

October 12, 2007

http://www.gpo.gov/fdsys/pkg/CRPT-110hrpt373/pdf/CRPT-110hrpt373-pt2.pdf

Senate Hearing 113–50—The Future of Drones in America: Law Enforcement and Pr

Considerations, One Hundred Thirteenth Congress, First Session, March 20, 2013

http://www.gpo.gov/fdsys/pkg/CHRG-113shrg81775/pdf/CHRG-113shrg81775.pdf

JA 95-475 
JA 95-475