Military Spying in the United States: When it is Not Your Neighbor Knocking at Your Door, Where Do You Turn?

Authors

Miriam Schneider, Benjamin N. Cardozo School of Law

Abstract

This Note will describe the role of the military in the United States and its relationship to privacy rights. Part I of this Note will describe the historical underpinnings that led to a limited role for the military within the United States territory, beyond defending against attack. Part II will describe the expectations by the courts and legislature for the military. In addition, it will illustrate instances where the military, along with numerous federal agencies, overstepped its traditional, constitutional and legal bounds. Part III will offer the legislature's response to, and its subsequent regulation of, the military and other federal agencies, as well as its recognition of privacy rights. Part IV will describe the changing role of the military in light of September 11 and subsequent legislation. Ultimately, this Note will argue that if the military is granted more authority to act within the United States, while legislation concurrently eliminates the opportunity for citizens to enforce their privacy rights, an alternative forum must be created to balance national security concerns with privacy rights.

Disciplines

Communications Law | Constitutional Law | Criminal Law | Criminal Procedure | Dispute Resolution and Arbitration | Law

Recommended Citation

Miriam Schneider, Military Spying in the United States: When it is Not Your Neighbor Knocking at Your Door, Where Do You Turn?, 7 Cardozo J. Conflict Resol. 199 (2005).
Available at: https://larc.cardozo.yu.edu/cjcr/vol7/iss1/10