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

Fingerprint

surveillance
human rights

Keywords

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

Cite this

@article{40416a710d8c40eab478dec5546a42ce,
title = "The Massive Metadata Machine: Liberty, Power, and Secret Mass Surveillance in the U.S. and Europe",
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.",
keywords = "metadata, surveillance, privacy, Law, Courts, European Convention on Human Rights, Human Rights, comparative law",
author = "Bryce Newell",
year = "2014",
month = "8",
language = "English",
volume = "10",
pages = "481--522",
journal = "I/S: A Journal of Law and Policy for the Information Society",
issn = "2372-2959",
number = "2",

}

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

In: I/S: A Journal of Law and Policy for the Information Society, Vol. 10, No. 2, 08.2014, p. 481-522.

Research output: Contribution to journalArticleScientificpeer-review

TY - JOUR

T1 - The Massive Metadata Machine: Liberty, Power, and Secret Mass Surveillance in the U.S. and Europe

AU - Newell, Bryce

PY - 2014/8

Y1 - 2014/8

N2 - 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.

AB - 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.

KW - metadata

KW - surveillance

KW - privacy

KW - Law

KW - Courts

KW - European Convention on Human Rights

KW - Human Rights

KW - comparative law

M3 - Article

VL - 10

SP - 481

EP - 522

JO - I/S: A Journal of Law and Policy for the Information Society

JF - I/S: A Journal of Law and Policy for the Information Society

SN - 2372-2959

IS - 2

ER -