The search for the 'correct' interpretation is a constant one in law. In the politically contentious field of surveillance law, additional challenges arise. While the ambiguity of human language limits the precision of all law, the secrecy prevalent in the surveillance sphere magnifies the effect.
The search for the 'correct' interpretation is a constant one in law. In the politically contentious field of surveillance law, additional challenges arise. While the ambiguity of human language limits the precision of all law, the secrecy prevalent in the surveillance sphere magnifies the effect.
Maria Helen Murphy is a lecturer in law at Maynooth University.
Inhaltsangabe
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
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
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