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Author:   Maria Helen Murphy
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.360kg
ISBN:  

9781138599901

ISBN 10:   1138599905
Pages:   106
Publication Date:   09 October 2018
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Introduction 1. Lost in translation and exploitation: the case of encryption Encryption and power Shifts in power and the ‘Crypto Wars’ Fear and rhetoric: debating encryption in the political sphere Language and encryption Encryption and expression – holding power to account 2. Evolving technological standards, same basic rights: the case of the Fourth Amendment The power-limiting purpose of the Fourth Amendment The third-party doctrine and technological development Translating judicial standards on the ground Implications inside and outside of the courtroom 3. Executive interpretation ‘Word games’ Foreseeability and accessibility in the surveillance case law of the European Court of Human Rights The principle of legality in practice Beyond legality and the role of the judiciary 4. Independent oversight in the surveillance context Surveillance courts: opacity and potential for capture Ireland: the ‘Designated Judge’ and the ‘Complaints Referee’ The United Kingdom: the Investigatory Powers Commissioner and Judicial Commissioners The United States: the Foreign Intelligence Surveillance Court Open justice in the covert context 5. Intentional ambiguity The role of the legislature The folly of ‘future proofing’ and technology neutrality The Public Services Card in Ireland: ‘mandatory’ not ‘compulsory’ Legislative abdication Conclusion Index

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

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