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One Nation Under SurveillanceA New Social Contract to Defend Freedom Without Sacrificing Liberty$
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Simon Chesterman

Print publication date: 2013

Print ISBN-13: 9780199674954

Published to Oxford Scholarship Online: February 2015

DOI: 10.1093/acprof:osobl/9780199674954.001.0001

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Britain and the Turn to Law

Britain and the Turn to Law

(p.131) 5 Britain and the Turn to Law
One Nation Under Surveillance

Simon Chesterman

Oxford University Press

This chapter examines the political and legal status of Britain's intelligence services. More specifically, it assesses the formalization of the nation's intelligence services and their powers. The chapter first looks at the case of James Malone on the issue of wiretapping before turning to a discussion of the notion that the representatives of Britain's intelligence services were just ‘ordinary citizens’. It then considers some of the problems associated with the legal regime on intelligence and the limitations of law in regulating closed-circuit television (CCTV) cameras as an approach to surveillance. The chapter also looks at the remedies available to citizens who experience abuse of powers by the intelligence services and the privacy implications of CCTV before concluding with a comparison of Britain's approach to CCTV with those in Canada and the United States.

Keywords:   intelligence services, James Malone, wiretapping, Britain, closed-circuit television, surveillance, remedies, privacy, Canada, United States

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