Network Surveillance Regulations

Abstract

This chapter provides Model Rules for Regulating Network Surveillance Policies and Practices. Derived from analyses presented in this book, these Rules provide a draft set of regulations on bulk network surveillance aiming at the protection and promotion of privacy, freedom, and dignity. It consists of a Preamble broaching primary issues of concern such as the clandestine context in which surveillance has been carried out, the overreach of technology at the expense of civil liberties, the lack of meta-technologies to curb this overreach, and the violation of constitutional rights such as freedom of the press and attorney-client privilege. The Rules address these, among other central problems, and address collections, the use of conventional investigative methods, transparency, “new wave” surveillance technologies, national security, and confidential communications.