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OverviewEdward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the Atlantic, the book documents and explains these differences, summarized in these terms: Europeans should 'grow up' and Americans should 'obey the law'. The book starts with a collection of chapters acknowledging that Snowden's revelations require us to rethink prevailing theories concerning privacy and intelligence gathering, explaining the differences and uncertainty regarding those aspects. An impressive range of experts reflect on the law and policy of the NSA-Affair, documenting its fundamentally transnational dimension, which is the real location of the transatlantic dialogue on privacy and intelligence gathering. The conclusive chapters explain the dramatic transatlantic differences that emerged from the NSA-Affair with a collection of comparative cultural commentary. Full Product DetailsAuthor: Russell A. Miller (Washington and Lee University, Virginia)Publisher: Cambridge University Press Imprint: Cambridge University Press Dimensions: Width: 15.20cm , Height: 4.40cm , Length: 22.60cm Weight: 1.156kg ISBN: 9781316609101ISBN 10: 1316609103 Pages: 810 Publication Date: 21 June 2018 Audience: Professional and scholarly , Professional & Vocational Format: Paperback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of ContentsIntroduction; Privacy and power: a transatlantic dialogue in the shadow of the NSA-Affair Russell A. Miller; Part I. Privacy and Data-Protection for the Digital Age: 1. Foucault's panopticon - a model for NSA surveillance? Sarah Horowitz; 2. A rose by any other name? The comparative law of the NSA-Affair Russell A. Miller; 3. Privacy as a public good Joshua Fairfield and Christoph Engel; 4. The right to data protection: a no right thesis Ralf Poscher; Part II. Framing the Transatlantic Debate: 5. Privacy, Rechtsstaatlichkeit, and the legal limits on extraterritorial surveillance Anne Peters; 6. Privacy, hypocrisy, and a defense of surveillance Benjamin Wittes; Part III. Transatlantic Perspectives on the NSA-Affair; Section 1. American Voices: 7. Sensing disturbances in the Force: unofficial reflections on developments and challenges in the US-Germany security relationship Ronald Lee; 8. Metadeath: how does metadata surveillance inform lethal consequences? Margaret Hu; 9. 'We're in this together' - reframing EU responses to criminal unauthorized disclosures of US intelligence activities Andrew Borene; 10. Fourth Amendment rights for nonresident aliens Alec Walen; 11. Forget about it? Harmonizing European and American protections for privacy, free speech, and due process Dawn Nunziato; Section 2. European Voices: 12. The challenge of limiting intelligence agencies' mass surveillance regimes: why Western democracies cannot give up on communication privacy Konstantin von Notz; 13. German exceptionalism? The debate about the German foreign intelligence service (BND) Stefan Heumann; 14. The NSU case - structural reform of intelligence agencies' involvement in criminal investigations? Marc Engelhart; 15. Legal restraints on the extraterritorial activities of Germany's intelligence services Klaus Gärditz; 16. Assessing the CJEU's 'Google decision' - a tentative first approach Johannes Masing; Part IV. Transnational Legal Responses to Privacy and Intelligence Gathering; Section 1. International Law: 17. Towards multilateral standards for foreign surveillance reform Ian Brown, Morton H. Halperin, Ben Hayes, Ben Scott and Mathias Vermeulen; 18. Espionage, security interests, and human rights in the second machine age: NSA mass surveillance and the framework of public international law Silja Voeneky; 19. The need for an institutionalized and transparent set of domestic legal rules governing transnational intelligence sharing in democratic societies Susana Sanchez Ferro; Section 2. European Law: 20. Developments in European data protection law in the shadow of the NSA-Affair Jens-Peter Scheider; 21. Why blanket surveillance is no security blanket: data retention in the UK after the European Data Retention Directive Lucia Zedner; 22. Do androids forget European sheep? - the CJEU's concept of a 'right to be forgotten' and the German perspective Bernd Holznagel and Sarah Hartmann; 23. Adequate transatlantic data exchange in the shadow of the NSA-Affair Els De Busser; Part V. Transatlantic Reflections on the Cultural Meaning of Privacy and Intelligence Gathering: 24. The intimacy of Stasi surveillance, the NSA-Affair, and contemporary German cinema Laura Heins; 25. Hans Fallada, the Nazis, and the defense of privacy Roger Crockett; 26. 'It runs its secret course in public' - watching the mass ornament with Dr Mabuse Summer Renault-Steele; 27. Secrecy, surveillance, spy fiction: myth-making and the misunderstanding of trust in the transatlantic intelligence relationship Eva Jobs; 28. CITIZENME: what Laura Poitras got wrong about the NSA-Affair Russell Miller and Stephen Chovanec.Reviews'The book makes an outstanding contribution to the field of transatlantic privacy relations, by presenting a range of diverging views - by US and German scholars -, thus drawing a rich pool of thought-provoking conclusions on similar issues that may differ substantially.' Maria Tzanou, Computer and Telecommunications Law Review Author InformationRussell A. Miller is Professor of Law at the Washington and Lee University School of Law where his research and teaching focuses on comparative constitutional law. He is the author and editor of a number of books, including The Constitutional Jurisprudence of the Federal Republic of Germany, 3rd edition (2012) and US National Security, Intelligence and Democracy (2008). He has lectured and published extensively in the US and Germany on the issues of privacy and intelligence oversight. Tab Content 6Author Website:Countries AvailableAll regions |
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