The Important, Justifiable, And Constrained Role Of Nationality In Foreign Intelligence Surveillance

by Peter Swire, Jesse Woo, Deven R. Desai
Tuesday, January 8, 2019
Image credit: 
Thinkstock

CLICK HERE TO DOWNLOAD .PDF

 

This article addresses whether governments ever have a justified basis for treating targets of surveillance differently, in any way, based on nationality. Topics include (1) three ways nationality can matter to surveillance; (2) reasons for stricter rules for law enforcement and domestic collection; (3) reasons for different rules based on the location of collection; (4) the universalist critique of surveillance laws based on nationality; and (5) reasons that can justify stricter surveillance rules based on nationality. Stricter protections are warranted because surveillance of nationals and others with a close connection to the domestic policy poses a special threat to the political opposition and free press of a country, both of which play crucial roles in limiting abuses of state power.

The Important, Justifiable,... by on Scribd

More from Aegis Paper Series

More from Energy, Science & Technology