1st Edition
Surveillance and the Law Language, Power and Privacy
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
Biography
Maria Helen Murphy is a lecturer in law at Maynooth University.
