Last December I attended and spoke at the IACL Working Group on Constitutional Respones to Terrorism conference on surveillance at UNSW Law School. The edited book arising from that conference has now been published by Routledge and is edited by Fergal Davis, Nicola McGarrity and George Williams and is entitled Surveillance, Counter-Terrorism and Comparative Constitutionalism. In it I publish a chapter entitled “Privatized Counter-Terrorist Surveillance: Constitutionalism Undermined”. I describe the chapter thus in the introduction:
This chapter is concerned with the constitutionalist challenges posed by privatized counter-terrorist surveillance (PCTS). PCTS is defined here as surveillance done for the purposes or in the course of a broader counter-terrorist regime and in which private (by which is meant non-state) actors are involved. This chapter characterizes PCTS as one illustration of a broader trend of privatization in counter-terrorism and problematizes it as a phenomenon that severely undermines the core constitutionalist commitment to limited, transparent and accountable power.
The entire collection–which is very comparative in its approach–is an insightful and intersting one. It can be ordered here.