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The Lawfare Podcast

Government Use of Open-Source Information

Jan 26, 2024
Hon. Kenneth L. Wainstein, Jameel Jaffer, and Quinta Jurecic discuss government surveillance of open-source social media, balancing privacy and security, challenges in detecting threats, the debate on government surveillance, the information deficit problem, the need for updated legal frameworks, and the challenge of distinguishing threatening online communication.
56:19

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Quick takeaways

  • Government agencies like the Office of Intelligence and Analysis (INA) at DHS have limitations in monitoring social media for potential threats, being restricted to publicly available information or overt data collection.
  • The debate surrounding government surveillance of open-source social media emphasizes the importance of balancing surveillance powers with protecting democratic values and implementing robust safeguards.

Deep dives

Monitoring social media for threats to the homeland

The podcast episode discusses the authority and mission of the Office of Intelligence and Analysis (INA) at DHS in monitoring social media for potential threats to the homeland. INA's limited mission is to collect, analyze, and disseminate intelligence related to threats to the homeland. The agency is constrained in terms of where it can gather information, being limited to publicly available information or overt data collection. Private individuals and organizations often have more freedom in monitoring the open environment. The episode highlights the challenges faced by INA in carrying out its mission effectively while respecting privacy and constitutional rights.

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