In the modern era, there is great convergence in the technologies used by friendly nations and by hostile ones. Signals intelligence agencies find themselves penetrating the technologies that they also at times must protect. To ease this tension, the United States and its partners have relied on an approach sometimes called Nobody But Us, or NOBUS: target communications mechanisms using unique methods accessible only to the United States. This paper examines how the NOBUS approach works, its limits, and the challenging matter of what comes next.
Jennifer Daskal is an Affiliate of the Cyber Security Project. She is an Associate Professor of Law at American University Washington College of Law, where she teaches and writes in the fields of criminology, national security, and constitutional law. She is on academic leave from 2016-2017, and has an Open Society Institute Fellowship to work on issues related to privacy, surveillance, and law enforcement access to data across borders. From 2009-2011, Daskal was counsel to the Assistant Attorney General for National Security at the Department of Justice. Prior to joining DOJ, Daskal was senior counterterrorism counsel at Human Rights Watch, worked as a staff attorney for the Public Defender Service for the District of Columbia, and clerked for the Honorable Jed S. Rakoff. She also spent two years as a national security law fellow and adjunct professor at Georgetown Law Center.
Daskal is a graduate of Brown University, Harvard Law School, and Cambridge University, where she was a Marshall Scholar. Recent publications include Law Enforcement Access to Data Across Borders: The Evolving Security and Rights Issues (Journal of National Security Law and Policy 2016); The Un-Territoriality of Data (Yale Law Journal 2015); Pre-Crime Restraints: The Explosion of Targeted, Non-Custodial Prevention (Cornell Law Review 2014); and The Geography of the Battlefield: A Framework for Detention and Targeting Outside the ‘Hot’ Conflict Zone (University of Pennsylvania Law Review 2013). Daskal has published op-eds in the New York Times, Washington Post, and International Herald Tribune and has appeared on BBC, C-Span, MSNBC, and NPR, among other media outlets. She is an Executive Editor of and regular contributor to the Just Security blog.Last Updated: Jan 27, 2017, 9:38am