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Mutual Watching and Resistance to Mass Surveillance After Snowden
Media and Communication (ISSN: 2183-2439) 2015, Volume 3, Issue 3, Pages 12-25 Doi: 10.17645/mac.v3i3.277 Article “Veillant Panoptic Assemblage”: Mutual Watching and Resistance to Mass Surveillance after Snowden Vian Bakir School of Creative Studies and Media, Bangor University, Bangor, LL57 2DG, UK; E-Mail: [email protected] Submitted: 9 April 2015 | In Revised Form: 16 July 2015 | Accepted: 4 August 2015 | Published: 20 October 2015 Abstract The Snowden leaks indicate the extent, nature, and means of contemporary mass digital surveillance of citizens by their intelligence agencies and the role of public oversight mechanisms in holding intelligence agencies to account. As such, they form a rich case study on the interactions of “veillance” (mutual watching) involving citizens, journalists, intelli- gence agencies and corporations. While Surveillance Studies, Intelligence Studies and Journalism Studies have little to say on surveillance of citizens’ data by intelligence agencies (and complicit surveillant corporations), they offer insights into the role of citizens and the press in holding power, and specifically the political-intelligence elite, to account. Atten- tion to such public oversight mechanisms facilitates critical interrogation of issues of surveillant power, resistance and intelligence accountability. It directs attention to the veillant panoptic assemblage (an arrangement of profoundly une- qual mutual watching, where citizens’ watching of self and others is, through corporate channels of data flow, fed back into state surveillance of citizens). Finally, it enables evaluation of post-Snowden steps taken towards achieving an equiveillant panoptic assemblage (where, alongside state and corporate surveillance of citizens, the intelligence-power elite, to ensure its accountability, faces robust scrutiny and action from wider civil society). -
Exhibit a Case 3:16-Cr-00051-BR Document 545-2 Filed 05/11/16 Page 2 of 86
Case 3:16-cr-00051-BR Document 545-2 Filed 05/11/16 Page 1 of 86 Exhibit A Case 3:16-cr-00051-BR Document 545-2 Filed 05/11/16 Page 2 of 86 Executive Order 12333 United States Intelligence Activities (As amended by Executive Orders 13284 (2003), 13355 (2004) and 134 70 (2008)) PREAMBLE Timely, accurate, and insightful information about the activities, capabilities, plans, and intentions of foreign powers , organizations, and persons, and their agents, is essential to the national security of the United States. All reasonable and lawful means must be used to ensure that the United States will receive the best intelligence possible. For that purpose, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including the National Security Act of 1947, as amended, (Act) and as President of the United States of America, in order to provide for the effective conduct of United States intelligence activities and the protection of constitutional rights, it is hereby ordered as follows: PART 1 Goals, Directions, Duties, and Responsibilities with Respect to United States Intelligence Efforts 1.1 Goals. The United States intelligence effort shall provide the President, the National Security Council, and the Homeland Security Council with the necessary information on which to base decisions concerning the development and conduct of foreign, defense, and economic policies, and the protection of United States national interests from foreign security threats. All departments and agencies shall cooperate fully to fulfill this goal. (a} All means, consistent with applicable Federal law and this order, and with full consideration of the rights of United States persons, shall be used to obtain reliable intelligence information to protect the United States and its interests. -
Frank Church, And/ Or United States Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, And/Or U.S
This document is made available through the declassification efforts and research of John Greenewald, Jr., creator of: The Black Vault The Black Vault is the largest online Freedom of Information Act (FOIA) document clearinghouse in the world. The research efforts here are responsible for the declassification of hundreds of thousands of pages released by the U.S. Government & Military. Discover the Truth at: http://www.theblackvault.com NATIONAL SECURITY AGENCY CENTRAL SECURITY SERVICE FORT GEORGE G. MEADE, MARYLAND 20755-6000 FOIA Case: 84652B 11 July 2017 JOHN GREENEWALD Dear Mr. Greenewald: This is our final response to your Freedom of Information Act (FOIA) request of 7 June 2016 for Intellipedia pages on the Church Committee, and/ or Frank Church, and/ or United States Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, and/or U.S. Senate Select Committee on Intelligence. A copy of your request is enclosed. In our initial response to you, dated 8 June 2016, we informed you that this request was assigned case number 84652 and that there are no assessable fees for this request. We provided you with two responsive documents on 12 August 2016 and informed you that we continued to work on your case. The final responsive documents are enclosed. This Agency is authorized by statute to protect certain information concerning its activities (in this case, internal URLs) as well as the names of its employees. Such information is exempt from disclosure pursuant to the third exemption of the FOIA, which provides for the withholding of information specifically protected from disclosure by statute. -
Executive Order 12,333: Unleashing the CIA Violates the Leash Law Sherri J
Cornell Law Review Volume 70 Article 6 Issue 5 June 1985 Executive Order 12,333: Unleashing the CIA Violates the Leash Law Sherri J. Conrad Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Sherri J. Conrad, Executive Order 12,333: Unleashing the CIA Violates the Leash Law, 70 Cornell L. Rev. 968 (1985) Available at: http://scholarship.law.cornell.edu/clr/vol70/iss5/6 This Note is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. EXECUTIVE ORDER 12,333: "UNLEASHING" THE CIA VIOLATES THE LEASH LAW "Security is like liberty in that many are the crimes committed in its name." On December 4, 1981, President Ronald Reagan promulgated Executive Order 12,333, establishing United States intelligence guidelines. 2 Restrictions on the Central Intelligence Agency (CIA) were instituted in the 1970s in response to disclosures of wide- spread wrongdoing.3 The Order reflects the President's determina- tion to "unleash" 4 America's intelligence community5 from those limitations. The Order allows the CIA, America's chief foreign in- telligence gathering entity, to direct domestic counterintelligence, foreign intelligence, covert operations, and law enforcement activity against United States citizens. 6 The drafters of the Order ignored the statutory limits on intelligence gathering activity codified in the National Security Act. 7 The President's action thus constitutes a statutorily impermissible license for renewed government intrusion, and the Order should be revoked. -
The Right to Privacy and the Future of Mass Surveillance’
‘The Right to Privacy and the Future of Mass Surveillance’ ABSTRACT This article considers the feasibility of the adoption by the Council of Europe Member States of a multilateral binding treaty, called the Intelligence Codex (the Codex), aimed at regulating the working methods of state intelligence agencies. The Codex is the result of deep concerns about mass surveillance practices conducted by the United States’ National Security Agency (NSA) and the United Kingdom Government Communications Headquarters (GCHQ). The article explores the reasons for such a treaty. To that end, it identifies the discriminatory nature of the United States’ and the United Kingdom’s domestic legislation, pursuant to which foreign cyber surveillance programmes are operated, which reinforces the need to broaden the scope of extraterritorial application of the human rights treaties. Furthermore, it demonstrates that the US and UK foreign mass surveillance se practices interferes with the right to privacy of communications and cannot be justified under Article 17 ICCPR and Article 8 ECHR. As mass surveillance seems set to continue unabated, the article supports the calls from the Council of Europe to ban cyber espionage and mass untargeted cyber surveillance. The response to the proposal of a legally binding Intelligence Codexhard law solution to mass surveillance problem from the 47 Council of Europe governments has been so far muted, however a soft law option may be a viable way forward. Key Words: privacy, cyber surveillance, non-discrimination, Intelligence Codex, soft law. Introduction Peacetime espionage is by no means a new phenomenon in international relations.1 It has always been a prevalent method of gathering intelligence from afar, including through electronic means.2 However, foreign cyber surveillance on the scale revealed by Edward Snowden performed by the United States National Security Agency (NSA), the United Kingdom Government Communications Headquarters (GCHQ) and their Five Eyes partners3 1 Geoffrey B. -
Advocating for Basic Constitutional Search Protections to Apply to Cell Phones from Eavesdropping and Tracking by Government and Corporate Entities
University of Central Florida STARS HIM 1990-2015 2013 Brave New World Reloaded: Advocating for Basic Constitutional Search Protections to Apply to Cell Phones from Eavesdropping and Tracking by Government and Corporate Entities Mark Berrios-Ayala University of Central Florida Part of the Legal Studies Commons Find similar works at: https://stars.library.ucf.edu/honorstheses1990-2015 University of Central Florida Libraries http://library.ucf.edu This Open Access is brought to you for free and open access by STARS. It has been accepted for inclusion in HIM 1990-2015 by an authorized administrator of STARS. For more information, please contact [email protected]. Recommended Citation Berrios-Ayala, Mark, "Brave New World Reloaded: Advocating for Basic Constitutional Search Protections to Apply to Cell Phones from Eavesdropping and Tracking by Government and Corporate Entities" (2013). HIM 1990-2015. 1519. https://stars.library.ucf.edu/honorstheses1990-2015/1519 BRAVE NEW WORLD RELOADED: ADVOCATING FOR BASIC CONSTITUTIONAL SEARCH PROTECTIONS TO APPLY TO CELL PHONES FROM EAVESDROPPING AND TRACKING BY THE GOVERNMENT AND CORPORATE ENTITIES by MARK KENNETH BERRIOS-AYALA A thesis submitted in partial fulfillment of the requirements for the Honors in the Major Program in Legal Studies in the College of Health and Public Affairs and in The Burnett Honors College at the University of Central Florida Orlando, Florida Fall Term 2013 Thesis Chair: Dr. Abby Milon ABSTRACT Imagine a world where someone’s personal information is constantly compromised, where federal government entities AKA Big Brother always knows what anyone is Googling, who an individual is texting, and their emoticons on Twitter. -
The Forgotten Fifth: Rural Youth and Substance Abuse
THE FORGOTTEN FIFTH: RURAL YOUTH AND SUBSTANCE ABUSE Lisa R. Pruitt* This Article seeks to raise the visibility of the roughly twenty percent of the U.S. population who live in rural places—an often forgotten fifth—in rela- tion to the particular challenges presented by adolescent substance abuse. De- spite popular notions that substance abuse is essentially an urban phenomenon, recent data demonstrate that it is also a significant problem in rural America. Rural youth now abuse most substances, including alcohol and tobacco, at higher rates and at younger ages than their urban peers. The Article assesses the social, economic and spatial milieu in which rural adolescent substance abuse has burgeoned. Features of some rural communi- ties, such as a tolerance for youth and lenient and informal law enforcement responses, appear to benefit youth. Indeed, these are consistent with juvenile justice trends, such as diversion programs. Yet other characteristics of rural communities, such as limited social service and healthcare infrastructures, un- dermine the efficacy of such programs. Arguing that national drug policies often reflect urban agendas and leave rural communities disserved, this Article calls for policies that are more sensi- tive to rural contexts. It advocates nuanced empirical research that will provide a more comprehensive understanding of rural risk factors and, in turn, inform rural prevention, treatment, and diversion programs. Finally, it argues that fed- eral, state, and local responses to adolescent substance abuse must tackle defi- ciencies in rural infrastructure, while keeping in mind factors that differentiate rural places from what has become the implicit urban norm in law- and policy- * Professor of Law, University of California, Davis. -
Congressional Oversight of Intelligence: Background and Selected Options for Further Reform
Congressional Oversight of Intelligence: Background and Selected Options for Further Reform December 4, 2018 Congressional Research Service https://crsreports.congress.gov R45421 SUMMARY R45421 Congressional Oversight of Intelligence: December 4, 2018 Background and Selected Options for Further Michael E. DeVine Reform Analyst in Intelligence and National Security Prior to the establishment of the Senate Select Committee on Intelligence (SSCI) and the House Permanent Select Committee on Intelligence (HPSCI) in 1976 and 1977, respectively, Congress did not take much interest in conducting oversight of the Intelligence Community (IC). The Subcommittees on the Central Intelligence Agency (CIA) of the congressional Armed Services Committees had nominal oversight responsibility, though Congress generally trusted that IC could more or less regulate itself, conduct activities that complied with the law, were ethical, and shared a common understanding of national security priorities. Media reports in the 1970s of the CIA’s domestic surveillance of Americans opposed to the war in Vietnam, in addition to the agency’s activities relating to national elections in Chile, prompted Congress to change its approach. In 1975, Congress established two select committees to investigate intelligence activities, chaired by Senator Frank Church in the Senate (the “Church Committee”), and Representative Otis Pike in the House (the “Pike Committee”). Following their creation, the Church and Pike committees’ hearings revealed the possible extent of the abuse of authority by the IC and the potential need for permanent committee oversight focused solely on the IC and intelligence activities. SSCI and HPSCI oversight contributed substantially to Congress’s work to legislate improvements to intelligence organization, programs, and processes and it enabled a more structured, routine relationship with intelligence agencies. -
Jus Algoritmi: How the NSA Remade Citizenship
Extended Abstract Jus Algoritmi: How the NSA Remade Citizenship John Cheney-Lippold 1 1 University of Michigan / 500 S State St, Ann Arbor, MI 48109, United States of America / [email protected] Introduction It was the summer of 2013, and two discrete events were making analogous waves. First, Italy’s Minister for Integration, Cécile Kyenge was pushing for a change in the country’s citizenship laws. After a decades-long influx of immigrants from Asia, Africa, and Eastern Europe, the country’s demographic identity had become multicultural. In the face of growing neo-nationalist fascist movements in Europe, Kyenge pushed for a redefinition of Italian citizenship. She asked the state to abandon its practice of jus sanguinis, or citizenship rights by blood, and to adopt a practice of jus soli, or citizenship rights by landed birth. Second, Edward Snowden fled the United States and leaked to journalists hundreds of thousands of classified documents from the National Security Agency regarding its global surveillance and data mining programs. These materials unearthed the classified specifics of how billions of people’s data and personal details were being recorded and processed by an intergovernmental surveillant assemblage. These two moments are connected by more than time. They are both making radical moves in debates around citizenship, though one is obvious while the other remains furtive. In Italy, this debate is heavily ethnicized and racialized. According to jus sanguinis, to be a legitimate part of the Italian body politic is to have Italian blood running in your veins. Italian meant white. Italian meant ethnic- Italian. Italian meant Catholic. -
PRISM/US-984XN Overview
TOP SFCRF.T//SI//ORCON//NOFORX a msn Hotmail Go« „ paltalk™n- Youffl facebook Gr-iai! AOL b mail & PRISM/US-984XN Overview OR The SIGAD Used Most in NSA Reporting Overview PRISM Collection Manager, S35333 Derived From: NSA/CSSM 1-52 April 20L-3 Dated: 20070108 Declassify On: 20360901 TOP SECRET//SI// ORCON//NOFORN TOP SECRET//SI//ORCON//NOEÛEK ® msnV Hotmail ^ paltalk.com Youi Google Ccnmj<K8t« Be>cnö Wxd6 facebook / ^ AU • GM i! AOL mail ty GOOglC ( TS//SI//NF) Introduction ILS. as World's Telecommunications Backbone Much of the world's communications flow through the U.S. • A target's phone call, e-mail or chat will take the cheapest path, not the physically most direct path - you can't always predict the path. • Your target's communications could easily be flowing into and through the U.S. International Internet Regional Bandwidth Capacity in 2011 Source: Telegeographv Research TOP SECRET//SI// ORCON//NOFORN TOP SECRET//SI//ORCON//NOEQBN Hotmail msn Google ^iïftvgm paltalk™m YouSM) facebook Gm i ¡1 ^ ^ M V^fc i v w*jr ComnuMcatiw Bemm ^mmtmm fcyGooglc AOL & mail  xr^ (TS//SI//NF) FAA702 Operations U « '«PRISM/ -A Two Types of Collection 7 T vv Upstream •Collection of ;ommujai£ations on fiber You Should Use Both PRISM • Collection directly from the servers of these U.S. Service Providers: Microsoft, Yahoo, Google Facebook, PalTalk, AOL, Skype, YouTube Apple. TOP SECRET//SI//ORCON//NOFORN TOP SECRET//SI//ORCON//NOEÛEK Hotmail ® MM msn Google paltalk.com YOUE f^AVi r/irmiVAlfCcmmjotal«f Rhnnl'MirBe>coo WxdS6 GM i! facebook • ty Google AOL & mail Jk (TS//SI//NF) FAA702 Operations V Lfte 5o/7?: PRISM vs. -
SURVEILLE NSA Paper Based on D2.8 Clean JA V5
FP7 – SEC- 2011-284725 SURVEILLE Surveillance: Ethical issues, legal limitations, and efficiency Collaborative Project This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement no. 284725 SURVEILLE Paper on Mass Surveillance by the National Security Agency (NSA) of the United States of America Extract from SURVEILLE Deliverable D2.8: Update of D2.7 on the basis of input of other partners. Assessment of surveillance technologies and techniques applied in a terrorism prevention scenario. Due date of deliverable: 31.07.2014 Actual submission date: 29.05.2014 Start date of project: 1.2.2012 Duration: 39 months SURVEILLE WorK PacKage number and lead: WP02 Prof. Tom Sorell Author: Michelle Cayford (TU Delft) SURVEILLE: Project co-funded by the European Commission within the Seventh Framework Programme Dissemination Level PU Public X PP Restricted to other programme participants (including the Commission Services) RE Restricted to a group specified by the consortium (including the Commission Services) CO Confidential, only for members of the consortium (including the Commission Services) Commission Services) Executive summary • SURVEILLE deliverable D2.8 continues the approach pioneered in SURVEILLE deliverable D2.6 for combining technical, legal and ethical assessments for the use of surveillance technology in realistic serious crime scenarios. The new scenario considered is terrorism prevention by means of Internet monitoring, emulating what is known about signals intelligence agencies’ methods of electronic mass surveillance. The technologies featured and assessed are: the use of a cable splitter off a fiber optic backbone; the use of ‘Phantom Viewer’ software; the use of social networking analysis and the use of ‘Finspy’ equipment installed on targeted computers. -
İSTİHBARATIN TEŞKİLATLANMA Ve YÖNETİM SORUNSALI: A.B.D. ÖRNEĞİ
T.C. İSTANBUL ÜNİVERSİTESİ SOSYAL BİLİMLER ENSTİTÜSÜ SİYASET BİLİMİ VE KAMU YÖNETİMİ ANABİLİM DALI YÜKSEK LİSANS TEZİ İSTİHBARATIN TEŞKİLATLANMA ve YÖNETİM SORUNSALI: A.B.D. ÖRNEĞİ Fatih TÜRK 2501110836 TEZ DANIŞMANI DOÇ. DR Pelin Pınar GİRİTLİOĞLU İSTANBUL - 2019 ÖZ İSTİHBARATIN TEŞKİLATLANMA ve YÖNETİM SORUNSALI: A.B.D. ÖRNEĞİ Fatih TÜRK Günümüzde teknolojinin gelişimi ve küreselleşme dünyayı uçtan uca değiştirdi. Toplumlar ve ülkeler birbiri ile etkileşime geçtikçe bireysel özgürlükler ve demokrasi konusunda hassas alanlar giderek artmaktadır. Bu etkileşim ülkelerin güvenliğini ve bireysel özgürlük alanlarınıda etkilemektedir. Bu hızlı değişime karşın ülkeler geçmişin soğuk savaş anlayışı ve güvenlik hassasiyetlerini de aynı zamanda taşımaya devam etmektedirler. Gelişmiş demokrasilere sahip ülkelerin başında gelen Amerika Birleşik Devletleri’nde (ABD) mevcut güvenlik ve istihbarat anlayışı, faaliyetleri ve denetimi işte bu çatışmanın uzun sürede meydana geldiği denge üzerine kuruludur. ABD açısından istihbarat teşkilatlanma süreci yeni problemler, hak arayışları, çatışma ve çözümler doğurmaktadır. Tüm bunların ışığında bu tezin temel amacı istihbarat problemlerini ABD istihbarat teşkilatlanma süreci üzerinden analiz edip karşılaşılan problemleri neden sonuç ilişkisi içerisinde tespit etmektir. Bu çalışmada Amerika Birleşik Devletleri’nde istihbaratın yönetim modeli, teşkilatlanması ve hukuki alt yapısı incelenmiştir. Birinci bölümde kavramsal anlamda istihbarat incelemesi literatüre önemli bir katkı olarak görülebilir. İkinci bölümde