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ix | |
Acknowledgments |
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xxii | |
Introduction: Privacy and Power: A Transatlantic Dialogue in the Shadow of the NSA-Affair |
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1 | (36) |
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PART ONE Privacy and Data Protection for the Digital Age |
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37 | (106) |
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1 Foucault's Panopticon: A Model for NSA Surveillance? |
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39 | (24) |
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2 A Rose by any Other Name? The Comparative Law of the NSA-Affair |
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63 | (32) |
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3 Privacy as a Public Good |
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95 | (34) |
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4 The Right to Data Protection: A No-Right Thesis |
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129 | (14) |
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PART TWO Framing the Transatlantic Debate |
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143 | (56) |
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5 Privacy, Rechtsstaatlichkeit, and the Legal Limits on Extraterritorial Surveillance |
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145 | (35) |
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6 Privacy, Hypocrisy, and a Defense of Surveillance |
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180 | (19) |
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PART THREE Transatlantic Perspectives on the NSA-Affair |
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199 | (4) |
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7 Sensing Disturbances in the Force: Unofficial Reflections on Developments and Challenges in the U.S.-Germany Security Relationship |
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203 | (26) |
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8 Metadeath: How Does Metadata Surveillance Inform Lethal Consequences? |
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229 | (28) |
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9 "We're in This Together": Refraining E.U. Responses to Criminal Unauthorized Disclosures of U.S. Intelligence Activities |
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257 | (25) |
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10 Fourth Amendment Rights for Nonresident Aliens |
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282 | (22) |
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11 Forget About It? Harmonizing European and American Protections for Privacy, Free Speech, and Due Process |
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304 | (27) |
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329 | (2) |
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12 The Challenge of Limiting Intelligence Agencies' Mass Surveillance Regimes: Why Western Democracies Cannot Give Up on Communication Privacy |
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331 | (18) |
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13 German Exceptionalism? The Debate About the German Foreign Intelligence Service (BND) |
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349 | (26) |
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14 The National Socialist Underground (NSU) Case: Structural Reform of Intelligence Agencies' Involvement in Criminal Investigations? |
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375 | (26) |
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15 Legal Restraints on the Extraterritorial Activities of Germany's Intelligence Services |
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401 | (34) |
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16 Assessing the CJEU's "Google Decision": A Tentative First Approach |
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435 | (22) |
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PART FOUR Transnational Legal Responses to Privacy and Intelligence Gathering |
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457 | (184) |
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459 | (2) |
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17 Toward Multilateral Standards for Foreign Surveillance Reform |
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461 | (31) |
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18 Espionage, Security Interests, and Human Rights in the Second Machine Age: NSA Mass Surveillance and the Framework of Public International Law |
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492 | (16) |
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19 The Need for an Institutionalized and Transparent Set of Domestic Legal Rules Governing Transnational Intelligence Sharing in Democratic Societies |
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508 | (31) |
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537 | (2) |
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20 Developments in European Data Protection Law in the Shadow of the NSA-Affair |
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539 | (25) |
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21 Why Blanket Surveillance Is No Security Blanket: Data Retention in the United Kingdom after the European Data Retention Directive |
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564 | (22) |
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22 Do Androids Forget European Sheep?: The CJEU's Concept of a "Right to be Forgotten" and the German perspective |
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586 | (29) |
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23 Adequate Transatlantic Data Exchange in the Shadow of the NSA-Affair |
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615 | (26) |
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PART FIVE Transatlantic Reflections on the Cultural Meaning of Privacy and Intelligence Gathering |
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641 | (105) |
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24 The Intimacy of Stasi Surveillance, the NSA-Affair, and Contemporary German Cinema |
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643 | (25) |
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25 Hans Fallada, the Nazis, and the Defense of Privacy |
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668 | (22) |
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26 "It Runs Its Secret Course in Public": Watching the Mass Ornament with Dr. Mabuse |
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690 | (17) |
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27 Secrecy, Surveillance, Spy Fiction: Myth-Making and the Misunderstanding of Trust in the Transatlantic Intelligence Relationship |
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707 | (19) |
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28 CITIZENME: What Laura Poitras Got Wrong About the NSA-Affair |
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726 | (20) |
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Index |
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746 | |