One Nation under Surveillance A New Social Contract to Defend Freedom Without Sacrificing Liberty

ISBN-10: 0199580375
ISBN-13: 9780199580378
Edition: 2011
Authors: Simon Chesterman
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Description: What limits, if any, should be placed on a government's efforts to spy on its citizens in the interests of national security? Spying on foreigners has long been regarded as an unseemly but necessary enterprise. Spying on one's own citizens in a  More...

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Book details

List price: $30.49
Copyright year: 2011
Publisher: Oxford University Press
Publication date: 2/24/2011
Binding: Hardcover
Pages: 320
Size: 6.00" wide x 9.00" long x 1.00" tall
Weight: 1.298
Language: English

What limits, if any, should be placed on a government's efforts to spy on its citizens in the interests of national security? Spying on foreigners has long been regarded as an unseemly but necessary enterprise. Spying on one's own citizens in a democracy, by contrast, has historically been subject to various forms of legal and political restraint. For most of the twentieth century these regimes were kept distinct. That position is no longer tenable. Modern threats do not respectnational borders. Changes in technology make it impractical to distinguish between 'foreign' and 'local' communications. And our culture is progressively reducing the sphere of activity that citizens can reasonably expect to be kept from government eyes.The main casualty of this transformed environment will be privacy. Recent battles over privacy have been dominated by fights over warrantless electronic surveillance or CCTV; the coming years will see debates over data-mining and biometric identification. There will be protests and lawsuits, editorials and elections resisting these attacks on privacy. Those battles are worthy. But they will all be lost. Modern threats increasingly require that governments collect such information, governmentsare increasingly able to collect it, and citizens increasingly accept that they will collect it.The point of this book is to shift focus away from questions of whether governments should collect information and onto more problematic and relevant questions concerning its use. By reframing the relationship between privacy and security in the language of a social contract, mediated by a citizenry who are active participants rather than passive targets, the book offers a framework to defend freedom without sacrificing liberty.

Simon Chesterman is Dean of the National University of Singapore Faculty of Law, Editor of the Asian Journal of International Law, and Secretary-General of the Asian Society of International Law. His work has opened up new areas of research on conceptions of public authority, including the rules and institutions of global governance, state-building and post-conflict reconstruction, and the changing role of intelligence agencies. This is his fourteenth book.

Abbreviations
Introduction: The End of Privacy
Theory
The Spy Who Came In from the Cold War
The Exception and the Rule
Secrets and Lies
Practice
The United States and the Turn to Outsourcing
Britain and the Turn to Law
'The United Nations Has No Intelligence'
Change
Watching the Watchers
The Transparent Community
A New Social Contract
Select Bibliography
Index

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