The Massive Metadata Machine: Liberty, Power, and Secret Mass Surveillance in the U.S. and Europe

Bryce Newell

Research output: Contribution to journalArticleScientificpeer-review

Abstract

This paper explores the relationship between liberty and security implicated by secret government mass surveillance programs. Methodologically, the paper examines judicial reasoning in cases where parties have challenged secret government surveillance programs in both United States’ Courts and at the European Court of Human Rights (ECtHR). The paper questions how liberal and neorepublican conceptions of liberty and the jurisprudential reasoning in ECtHR decisions can inform the way we think about the proper relationship between security and liberty in the post-9/11, post-Snowden world.
Original languageEnglish
Pages (from-to)481-522
Number of pages41
JournalI/S: A Journal of Law and Policy for the Information Society
Volume10
Issue number2
Publication statusPublished - Aug 2014
Externally publishedYes

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Keywords

  • metadata
  • surveillance
  • privacy
  • Law
  • Courts
  • European Convention on Human Rights
  • Human Rights
  • comparative law

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