ABSTRACT

The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies.

This book brings together leading legal scholars in the field of counter-terrorism and constitutional law, and focuses their attention on the issue of surveillance.  The breadth of topics covered in this collection include: the growth and diversification of mechanisms of mass surveillance, the challenges that technological developments pose for constitutionalism, new actors in the surveillance state (such as local communities and private organisations), the use of surveillance material as evidence in court, and the effectiveness of constitutional and other forms of review of surveillance powers.

The book brings a strong legal focus to the debate surrounding surveillance and counter-terrorism, and draws important conclusions about the constitutional implications of the expansion of surveillance powers after 9/11.

part I|20 pages

IntroductionIntroduction

chapter 2|10 pages

A judicial perspective

Surveillance evidence and the right to a fair trial

part II|72 pages

Who is watching?

part III|80 pages

The challenges of technology for the right to privacy

chapter 7|23 pages

Preserving privacy in a digital age

Lessons of comparative constitutionalism

chapter 8|17 pages

On the end of freedom in public spaces

Legal challenges of wide-area and multiple-sensor surveillance systems

chapter 9|18 pages

GPS surveillance and human rights review

The European Court of Human Rights and the United States Supreme Court in comparative perspective

part IV|38 pages

Surveillance across borders

chapter 11|18 pages

Transatlantic perspectives on counter-terrorism surveillance

Surveillance, borders and the culture of legality

chapter 12|19 pages

From the west to the east

Migration of surveillance policy

part V|62 pages

Surveillance as intelligence and evidence

part VI|59 pages

The potential to challenge