Arnbak, Axel and Goldberg, Sharon, Loopholes for Circumventing the Constitution: Warrantless Bulk Surveillance on Americans by Collecting Network Traffic Abroad (June 27, 2014). HOTPETS, 2014. Available for download at SSRN: http://ssrn.com/abstract=2460462

“In this multi-disciplinary paper, we reveal interdependent legal and technical loopholes that intelligence agencies of the U.S. government could use to circumvent constitutional and statutory safeguards for U.S. persons. We outline known and new circumvention techniques that can leave the Internet traffic of Americans as vulnerable to surveillance, and as unprotected by U.S. law, as the Internet traffic of foreigners. Note: The paper is accepted and will be presented at the Privacy Enhancing Technologies Symposium of July 2014, during the HOTPETS session.”