Florida Law Review Volume 68 | Issue 4 Article 3 July 2016 Surveillance By Algorithm: The SN A, Computerized Intelligence Collection, and Human Rights Peter Margulies Follow this and additional works at: http://scholarship.law.ufl.edu/flr Part of the Science and Technology Law Commons Recommended Citation Peter Margulies, Surveillance By Algorithm: The NSA, Computerized Intelligence Collection, and Human Rights, 68 Fla. L. Rev. 1045 (2016). Available at: http://scholarship.law.ufl.edu/flr/vol68/iss4/3 This Article is brought to you for free and open access by UF Law Scholarship Repository. It has been accepted for inclusion in Florida Law Review by an authorized editor of UF Law Scholarship Repository. For more information, please contact
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[email protected]. Margulies: Surveillance By Algorithm: The NSA, Computerized Intelligence Col SURVEILLANCE BY ALGORITHM: THE NSA, COMPUTERIZED INTELLIGENCE COLLECTION, AND HUMAN RIGHTS Peter Margulies* Abstract ISIS’s cultivation of social media has reinforced states’ interest in using automated surveillance. However, automated surveillance using artificial intelligence (“machine learning”) techniques has also sharpened privacy concerns that have been acute since Edward Snowden’s disclosures. This Article examines machine-based surveillance by the NSA and other intelligence agencies through the prism of international human rights. Two camps have clashed on the human rights implications of machine surveillance abroad. The state-centric camp argues that human rights agreements like the International Covenant on Civil and Political Rights (ICCPR) do not apply extraterritorially. Moreover, the state-centric camp insists, machine surveillance is inherently unintrusive, like a dog seeing a human step out of the shower.