Washington and Lee Law Review Volume 72 | Issue 4 Article 4 Fall 9-1-2015 Taxonomy of the Snowden Disclosures Margaret Hu Washington and Lee University School of Law,
[email protected] Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Fourth Amendment Commons, and the Privacy Law Commons Recommended Citation Margaret Hu, Taxonomy of the Snowden Disclosures, 72 Wash. & Lee L. Rev. 1679 (2015), https://scholarlycommons.law.wlu.edu/wlulr/vol72/iss4/4 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact
[email protected]. Taxonomy of the Snowden Disclosures Margaret Hu∗ Abstract This brief Essay offers a proposed taxonomy of the Snowden Disclosures. An informed discussion on the legality and constitutionality of the emerging cybersurveillance and mass dataveillance programs revealed by former NSA contractor Edward Snowden necessitates the furtherance of cybersurveillance aptitude. This Essay contends, therefore, that a detailed examination of the Snowden disclosures requires not just a careful inquiry into the legal and constitutional framework that guides the oversight of these programs. A close interrogation also requires a careful inquiry into ∗ Assistant Professor of Law, Washington and Lee School of Law. I would like to extend my deep gratitude to those who graciously offered comments on this draft, or who offered perspectives and expertise on this research on big data cybersurveillance through our thoughtful discussions: Jack Balkin, Kate Bartlett, danah boyd, Guy Charles, Bobby Chesney, Andrew Christensen, Danielle Citron, Geoff Corn, Jennifer Daskal, Nora Demleitner, Charlie Dunlap, Josh Fairfield, Mark Graber, David Gray, Woody Hartzog, Trina Jones, Brett Max Kaufman, Orin Kerr, J.J.