Michigan Telecommunications and Technology Law Review Volume 21 | Issue 2 2015 Loopholes for Circumventing the Constitution: Unrestrained Bulk Surveillance on Americans by Collecting Network Traffic Abroad Axel Arnbak University of Amsterdam Sharon Goldberg Boston University Follow this and additional works at: http://repository.law.umich.edu/mttlr Part of the Communications Law Commons, Internet Law Commons, National Security Law Commons, President/Executive Department Commons, and the Science and Technology Law Commons Recommended Citation Axel Arnbak & Sharon Goldberg, Loopholes for Circumventing the Constitution: Unrestrained Bulk Surveillance on Americans by Collecting Network Trafficbr A oad, 21 Mich. Telecomm. & Tech. L. Rev. 317 (2015). Available at: http://repository.law.umich.edu/mttlr/vol21/iss2/3 This Article is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Telecommunications and Technology Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. LOOPHOLES FOR CIRCUMVENTING THE CONSTITUTION: UNRESTRAINED BULK SURVEILLANCE ON AMERICANS BY COLLECTING NETWORK TRAFFIC ABROAD Axel Arnbak and Sharon Goldberg* Cite as: Axel Arnbak and Sharon Goldberg, Loopholes for Circumventing the Constitution: Unrestrained Bulk Surveillance on Americans by Collecting Network Traffic Abroad, 21 MICH. TELECOMM. & TECH. L. REV. 317 (2015). This manuscript may be accessed online at repository.law.umich.edu. ABSTRACT This Article reveals interdependent legal and technical loopholes that the US intelligence community could use to circumvent constitutional and statutory safeguards for Americans. These loopholes involve the collection of Internet traffic on foreign territory, and leave Americans as unprotected as foreigners by current United States (US) surveillance laws.