Abstract

http://ssrn.com/abstract=889120
 


 



Whispering Wires and Warrantless Wiretaps: Data Mining and Foreign Intelligence Surveillance


K. A. Taipale


Center for Advanced Studies in Science and Technology Policy


NYU Review of Law & Security, No. 7, Supl. Bull. on L. & Sec., Spring 2006

Abstract:     
In the current debate over whether the President has the inherent power to authorize the National Security Agency to monitor international communications with suspected terrorists, one thing is clear - even the most strident opponents concede the need to identify and monitor the communications of terrorists and stop them before they can act.

Preempting terrorist attacks requires uncovering information useful to anticipate and counter future events. Automated data analysis technologies can help by monitoring communications and revealing evidence of organization, relationships, or other relevant patterns of behavior indicative or predictive of potential threats, thus allowing law enforcement or security resources to be focused more effectively on likely targets.

This essay examines certain implications of employing these techniques for foreign intelligence surveillance and suggests that the Foreign Intelligence Surveillance Act ("FISA") is inadequate to address recent technology developments, including: the transition from circuit-based to packet-based communications; the globalization of communications infrastructure; and the development of automated monitoring techniques, including data mining and traffic analysis.

Number of Pages in PDF File: 6

Keywords: foreign intelligence, surveillance, FISA, data mining, wiretaps

Accepted Paper Series


Download This Paper

Date posted: March 20, 2006  

Suggested Citation

Taipale, K. A., Whispering Wires and Warrantless Wiretaps: Data Mining and Foreign Intelligence Surveillance. NYU Review of Law & Security, No. 7, Supl. Bull. on L. & Sec., Spring 2006 . Available at SSRN: http://ssrn.com/abstract=889120

Contact Information

K. A. Taipale (Contact Author)
Center for Advanced Studies in Science and Technology Policy ( email )
100 Hudson Street
10th Floor E
New York, NY 10013-2882
United States
Feedback to SSRN


Paper statistics
Abstract Views: 7,318
Downloads: 981
Download Rank: 11,463

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.219 seconds