Cover

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Title Page, Copyright, Dedication, Epithet

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Contents

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pp. vii-x

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Foreword

Sumit Ganguly

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pp. xi-xiv

Public disclosures of classified information have long played a role in U.S. national security politics, raising questions about secrecy in a democracy, the propriety of government actions, and the protection of civil rights. Until recent events, perhaps the most famous episode involved Daniel Ellsberg, a civilian Pentagon analyst...

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Acknowledgments

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pp. xv-xvi

As editor of The Snowden Reader, I would like to acknowledge and thank people who made this book possible. The book originated in a panel conceived and organized by Sumit Ganguly in September 2013, and he took the initiative, with Rebecca Tolen at Indiana University Press, to begin the process of turning the...

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Editor’s Note

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pp. xvii-xviii

Part II of The Snowden Reader was organized to provide an overview of the revelations by Edward Snowden that began in June 2013 and what the disclosures generated during the months that followed. The selections in part II roughly come from the first year of the “Snowden affair,” with updates made as permitted by the...

Abbreviations

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pp. xix-xxiv

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Introduction

David P. Fidler

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pp. 1-16

On June 5, 2013, Edward J. Snowden entered history with the first of a series of disclosures about the activities of the National Security Agency (NSA). Over the months that followed, Snowden continued to leak documents he obtained while working as a contractor for the NSA. Through these revelations, Snowden opened...

Part I: Perspectives on the Snowden Disclosures

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1. Security and Liberty: The Imaginary Balance

Nick Cullather

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pp. 19-25

If one truism captures the tenor of discussion surrounding the Snowden revelations, it is the recurring metaphor of balance between liberty and security. In May 2013, three days after Snowden fled to Hong Kong but before his disclosures began, President Obama maintained his administration was “working hard to strike the...

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2. Edward Snowden and the NSA: Law, Policy, and Politics

Fred H. Cate

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pp. 26-44

The disclosures by Edward Snowden have revealed a great deal about the National Security Agency, its surveillance activities, and the oversight provided by the president, the Foreign Intelligence Surveillance Court (FISC), and Congress. Snowden’s disclosures, and subsequent responses (or lack thereof) by government...

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3. From Passivity to Eternal Vigilance: NSA Surveillance and Effective Oversight of Government Power

Lee H. Hamilton

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pp. 45-51

Like most Americans, I cherish privacy on personal matters, and I do not like it when my privacy is invaded. But the threats against our country and the vulnerabilities of our government are real and need to be taken seriously. Our government has legitimate reasons to monitor cyberspace for national security and..

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4. U.S. Foreign Policy and the Snowden Leaks

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pp. 52-69

The proposition that Edward Snowden’s disclosures of information about the National Security Agency have damaged U.S. national security and foreign policy is not controversial.¹ Since June 2013, the U.S. government has been reeling at home and abroad from Snowden’s disclosures. These revelations harmed U.S. relations...

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5. Taking Snowden Seriously: Civil Disobedience for an Age of Total Surveillance

William E. Scheuerman

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pp. 70-88

Edward Snowden’s revelations about surveillance by the National Security Agency have dominated global news like few events in recent years. A hero to some and traitor to others, his disclosures unleashed, as he hoped, a worldwide debate about state surveillance in the context of technological advances, the implications...

Part II: The Snowden Affair Through Primary Documents

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A. Revelations and Reactions

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pp. 90-91

The first year of Snowden’s disclosures brought remarkable revelations, facilitated by Snowden’s collaboration with journalists, and elicited a cacophony of reactions to the leaks by affected parties. The primary documents in this section are organized into categories of important issues Snowden’s disclosures generated, with a...

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1. The Verizon Order

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pp. 92-95

It all started with disclosure of this document, which came to be known as the “Verizon Order.” In it, the Foreign Intelligence Surveillance Court (FISC) ordered Verizon to produce to the NSA on a daily basis records of telephone calls—telephony or telephone metadata—between the United States and foreign countries...

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2. NSA PRISM and UPSTREAM Briefing Slides

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pp. 96-100

People were still processing the June 5 exposure of the telephone metadata program when the next day brought a significant disclosure about NSA surveillance conducted under Section 702 of FISA. This FISA provision authorizes the U.S. government to conduct electronic surveillance within the United States for intelligence...

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3. Robert S. Litt, General Counsel, Office of the Director of National Intelligence, Speech at Brookings Institution

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pp. 101-114

Snowden’s disclosures about the telephone metadata and Section 702 programs, and the controversies the disclosures created, prompted U.S. government officials to react. This speech from the top lawyer in the Office of the Director of National Intelligence explains NSA activities under U.S. law, especially the telephone...

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4. U.S. House of Representatives, Amash-Conyers Amendment Debate

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pp. 115-123

This document provides excerpts from a July 2013 debate in the House of Representatives on a proposal to end the telephone metadata program disclosed by Snowden. Formulated as an amendment to the Department of Defense Appropriations Act of 2014, the proposal from representatives Justin Amash (R-MI)...

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5. Edward Snowden, Statement at the Moscow Airport

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pp. 124-126

When the first stories about NSA activities appeared from June 5 to 8, 2013, the world did not know who provided the documents and information to journalists. Snowden, who had been working as a private contractor for the NSA in Hawaii, revealed himself as the source on June 9, 2013, from Hong Kong, where he had flown...

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6. Attorney General Eric Holder, Letter to the Russian Minister of Justice

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pp. 127-130

On July 23, 2013, Attorney General Eric Holder sent a letter to his Russian counterpart explaining the U.S. government’s position regarding Snowden; rejecting Snowden’s claim of stateless, refugee, or asylee status; and offering assurances about how the U.S. government would treat Snowden in a criminal trial. The...

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7. FISC Order on the Telephone Metadata Program, 2009

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pp. 131-142

Controversies stirred up by the leaks of the telephone metadata and Section 702 programs included debates about the Foreign Intelligence Surveillance Court, a court unknown to most people and opaque even to those who study U.S. national security law. Congress established the FISC and the Foreign Intelligence Surveillance...

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8. NSA MUSCULAR Program Briefing Slide

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pp. 143-144

The Washington Post disclosed this NSA slide obtained from Snowden in October 2013. It formed part of a briefing on “Google Cloud Exploitation,” through which the NSA accessed communications flowing between Google data centers located outside the United States. The Post story stated that the NSA did the same...

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9. Marissa Mayer, Yahoo CEO, Statement on Protecting Customer Information

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pp. 145-146

The October 2013 revelations that the NSA had accessed traffic flowing in Google’s and Yahoo’s foreign networks without the companies’ knowledge generated corporate backlash in Silicon Valley and beyond. U.S. technology companies already faced problems in global markets because of Snowden’s disclosures of the targeting...

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10. Reform Government Surveillance, Surveillance Reform Principles and Open Letter from U.S.Technology Companies

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pp. 147-151

By the end of 2013, the problems Snowden’s disclosures about NSA surveillance were causing U.S. technology companies resulted in a group of prominent enterprises joining forces in an effort called Reform Government Surveillance. This document contains two products of this collaboration. First, the companies promulgated...

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11. NSA Briefing Slides on Brazilian President Dilma Rousseff and Petrobas Oil Company

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pp. 152-154

The documents released by Snowden included many disclosures about U.S. intelligence activities directed against other countries. These NSA briefing slides, for example, provide evidence of U.S. government surveillance and espionage directed at Brazil’s political leadership and national oil company, Petrobas. Snowden...

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12. James R. Clapper, Director of National Intelligence, Statement on Allegations of Economic Espionage

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pp. 155-156

In response to the furor caused by the Brazilian media’s dissemination of Snowden-provided information about U.S. spying against Petrobas, the Brazilian state-owned oil company, James Clapper, the director of national intelligence, issued this statement. The Petrobas disclosure prompted accusations that the U.S...

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13. Dilma Rousseff, President of Brazil, Statement to United Nations General Assembly

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pp. 157-159

The Snowden leaks that revealed U.S. surveillance against Brazilian government officials and companies provoked anger and diplomatic action from Brazil’s president, Dilma Rousseff. She canceled an official visit to the United States in September 2013 and, in the same month, blasted the U.S. government in a speech at the...

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14. NSA Document on Cell Phone Surveillance of German Chancellor Angela Merkel

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pp. 160-161

A document published by Der Spiegel in late October 2013 from information provided by Snowden was taken as evidence that the NSA had been monitoring German chancellor Angela Merkel’s cell phone, probably since 2002. It appears to be a targeting record for Merkel, perhaps from an NSA database. An earlier, unrelated...

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15. Wanted by the FBI

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pp. 162-163

In May 2014, the Department of Justice announced to great media attention that it had indicted five members of the Chinese military for violating U.S. criminal law on economic espionage, theft of trade secrets, and computer crimes by hacking computer networks of U.S. companies. The FBI issued wanted posters with...

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16. Chinese National Ministry of Defense, Statement on U.S. Indictment of Chinese Military Officers

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pp. 164-166

China responded to the U.S. indictment of Chinese military officers in May 2014 with a statement condemning the action while also criticizing the United States in light of “the Snowden affair.” While he was in Hong Kong in June 2013, Snowden had disclosed information about U.S. surveillance and espionage against Chinese...

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17. NSA’s Project BULLRUN on Defeating Encryption

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pp. 167-168

Another category of disclosures made by Snowden includes NSA activities concerning encryption of cyber communications and the use of software exploits against foreign intelligence targets. These activities raised concerns that the NSA was strengthening its signals intelligence mission at the expense of broader cyber...

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18. NSA’s SIGINT Strategy, 2012–2016

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pp. 169-171

This document provides an excerpt from the leak of the NSA’s top secret strategy for signals intelligence adopted in 2012 and intended to guide the agency through 2016. The New York Times described it as “essentially a National Security Agency mission statement with broad goals, including a desire to push for changes in the...

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19. Office of the Director of National Intelligence and James R. Clapper, Director of National Intelligence, Statements on NSA Cryptological Capabilities

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pp. 172-174

The disclosures about NSA efforts on encryption provoked the Office of the Director of National Intelligence and the director of national intelligence to issue statements in September and October 2013 about the NSA’s interest in, and responsibilities to counteract, encryption used by U.S. adversaries. Shortly after exposure...

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20. NSA Briefing Slides on the QUANTUM Project

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pp. 175-180

Snowden provided journalists with information about various NSA technological and intelligence capabilities. This category of disclosures included documents on programs through which the NSA implanted software exploits onto target computers and networks, as shown by these briefing slides on implant capabilities...

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21. NSA Public Affairs Office, Statement in Response to Press Allegations

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pp. 181-183

Snowden’s disclosures about the NSA’s implant programs and capabilities brought a response from the NSA’s Public Affairs Office. This terse statement reinforces themes in NSA reactions to the revelations by Snowden, namely that media reports include inaccurate information and allegations and that the NSA only exercises its...

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22. Presidential Policy Directive 20 onU.S. Cyber Operations Policy

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pp. 184-199

The third Snowden disclosure occurred on June 7, 2013, when the Guardian revealed Presidential Policy Directive/PPD-20, a top secret document under which President Obama established U.S. policy for cyber operations not involving foreign intelligence collection. The media focused on the provision instructing the...

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23. GCHQ’s TEMPORA Program

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pp. 200-202

Snowden’s disclosures revealed information not only about U.S. government intelligence, but also about the intelligence activities of other countries. These leaks included documents related to collaboration between the NSA and intelligence agencies in Australia, Canada, Germany, Israel, the Netherlands, Norway, Sweden...

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24. NSA Memo on the TEMPORA Program

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pp. 203-206

This document is an internal NSA communication about TEMPORA announcing that NSA analysts can get access to it through XKEYSCORE, an NSA system analysts use to search NSA databases for information on existing surveillance targets or to develop new foreign intelligence targets. It reveals not only the excitement of...

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25. British Parliament’s Intelligence and Security Committee, Statement on the U.S. PRISM Program

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pp. 207-211

Snowden’s disclosures of GCHQ activities spawned policy and legal controversies in the UK, including allegations that GCHQ had access to information the NSA collected under PRISM without authorization under British law. With access to PRISM information concerning foreigners located outside the United States, did...

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26. European Court of Human Rights, Big Brother Watch and Others v. United Kingdom

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pp. 212-217

Snowden’s disclosures triggered resort to judicial tribunals by persons and organizations in the UK who argued that GCHQ violated British law. British law empowers an Investigatory Powers Tribunal (IPT) to investigate complaints that intelligence or law enforcement agencies breached human rights, including the...

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B. Reviews and Recommendations

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pp. 218-219

As awareness of the substance of Snowden’s disclosures spread and debates over their implications grew, various governmental and international institutions undertook assessments of the issues raised by the revelations and reactions to them, and they developed recommendations to implement changes. This section provides...

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27. Klayman v. Obama: Issuing a Preliminary Injunction against the Telephone Metadata Program

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pp. 220-227

Snowden’s public disclosure of information about the NSA’s telephone metadata program prompted litigation in U.S. federal courts about the program’s legality under Section 215 of the USA PATRIOT Act and the Fourth Amendment. In Klayman v. Obama, subscribers of U.S. telecommunications and Internet companies...

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28. ACLU v. Clapper: Upholding the Legality of the Telephone Metadata Program

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pp. 228-238

Eleven days after Judge Leon issued his ruling in Klayman v. Obama, Judge William H. Pauley III handed down his decision in ACLU v. Clapper, rejecting the request of the ACLU and other plaintiffs for a preliminary injunction and granting the government’s motion to dismiss the case. Like Judge Leon, Judge Pauley held...

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29. United States v. Mohamud: Upholding the Legality of Section 702 of FISA

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pp. 239-251

This decision from a U.S. district court analyzed Section 702 of FISA—a key legal provision at the heart of controversies Snowden caused. Mohamed Mohamud, a U.S. citizen, was convicted in January 2013 for trying to set off a car bomb in Portland. Before sentencing, the U.S. government informed the court that it used...

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30. Report of the President’s Review Group onIntelligence and Communications Technologies,Executive Summary

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pp. 252-269

In response to the controversies generated by Snowden’s disclosures, President Obama established an expert group in August 2013 to review and develop recommendations on “how in light of advancements in communications technologies, the United States can employ its technical collection capabilities in a manner that...

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31. Privacy and Civil Liberties Oversight Board,Report on the Telephone Metadata Programand FISC, Executive Summary

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pp. 270-282

As Lee Hamilton described in chapter 3, the 9/11 Commission recommended in 2004 the establishment of an oversight board to ensure respect for civil liberties in counterterrorism policies, but years passed before the Privacy and Civil Liberties Oversight Board (PCLOB) was established and functioning. Within one week...

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32. Privacy and Civil Liberties Oversight Board, Report on Section 702 of FISA, Executive Summary

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pp. 283-293

The PCLOB issued its report on Section 702 of FISA in July 2014. As the Snowden affair unfolded, NSA use of Section 702 was less controversial in the United States than the telephone metadata program. The use of Section 702 drew more criticism abroad, where it was perceived as the justification for mass surveillance programs...

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33. Edward Snowden, Testimony to theEuropean Parliament

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pp. 294-306

In the wake of Snowden’s disclosures, investigations of NSA activities began in a number of foreign legislative bodies, including Australia’s Senate, Brazil’s Senate, and Germany’s Bundestag, and in international organizations, including the Council of Europe and European Parliament. In July 2013, the European...

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34. European Parliament, Resolution on U.S. NSA Surveillance Program

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pp. 307-312

Five days after Snowden’s testimony, the European Parliament adopted a resolution based on the recommendations of its Committee on Civil Liberties, Justice, and Home Affairs. The resolution, summarized in the next document, represents an evaluation of the impact of NSA programs on the governments and peoples...

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35. United Nations Resolution on the Right to Privacy in the Digital Age

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pp. 313-316

Revelations about the scale of U.S. surveillance of foreign communications provoked accusations that such activities violated the international human right to privacy. In one declassified opinion, the FISC stated that NSA surveillance targeting foreign nationals outside the United States had collected more than 250...

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C. Reforms and a Reflection

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pp. 317-317

Snowden intended his disclosures to stimulate public debate and reform of U.S. surveillance policies and laws, and many reactions to his revelations argued for or against reform. The reviews conducted and recommendations made in light of the disclosures contained reform ideas. The documents in this section focus...

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36. President Barack Obama, Remarks on Reviewof Signals Intelligence

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pp. 318-330

In explaining his motivations, Snowden emphasized his desire for the American people to have a public debate about NSA surveillance and, coming out of that debate, to demand reforms that would require the intelligence community to comply with his readings of the Fourth Amendment and international human rights law...

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37. U.S. House of Representatives, USA FREEDOM Act

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pp. 331-337

President Obama announced in March 2014 that the U.S. government would no longer collect or hold telephone metadata in bulk but would, instead, obtain such metadata from telecommunications companies pursuant to FISC orders approving queries about specific telephone numbers. This new approach would require...

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38. Edward Snowden, One Year Later

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pp. 338-340

On June 4, 2014, one year after the Guardian published the first of his disclosures, Edward Snowden released this statement in an e-mail to supporters of the American Civil Liberties Union. This book has attempted to convey important events and issues generated by Snowden’s revelations about the surveillance activities of...

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Contributors

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pp. 341-342

Fred H. Cate is Distinguished Professor and the Ben C. Dutton Professor of Law at Indiana University’s Maurer School of Law. He specializes in information privacy and security law issues. Professor Cate served as director of the Indiana University Center for Applied Cybersecurity Research from 2003 until 2014, and...

Index

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pp. 343-349