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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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The Transparent Community

The Transparent Community

(p.223) 8 The Transparent Community
One Nation Under Surveillance

Simon Chesterman

Oxford University Press

This chapter examines whether accountability should focus on the collection or use of intelligence. It first considers the principle that intelligence must be legally grounded before turning to an analysis of the effectiveness of constructing a clear division or ‘wall’ between intelligence and law enforcement as a means to check the use of intelligence information in the late twentieth century. It then describes an approach to regulating the use of intelligence and its implications for privacy. It also looks at the history of the Foreign Intelligence Surveillance Act (FISA) in the United States to highlight the importance of careful drafting of the mandate and powers of intelligence services.

Keywords:   accountability, intelligence, law enforcement, privacy, Foreign Intelligence Surveillance Act, United States, intelligence services

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