Why Menwith Hill Is So Important for Surveillance Satellites
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Report Legal Research Assistance That Can Make a Builds
EUROPEAN DIGITAL RIGHTS A LEGAL ANALYSIS OF BIOMETRIC MASS SURVEILLANCE PRACTICES IN GERMANY, THE NETHERLANDS, AND POLAND By Luca Montag, Rory Mcleod, Lara De Mets, Meghan Gauld, Fraser Rodger, and Mateusz Pełka EDRi - EUROPEAN DIGITAL RIGHTS 2 INDEX About the Edinburgh 1.4.5 ‘Biometric-Ready’ International Justice Cameras 38 Initiative (EIJI) 5 1.4.5.1 The right to dignity 38 Introductory Note 6 1.4.5.2 Structural List of Abbreviations 9 Discrimination 39 1.4.5.3 Proportionality 40 Key Terms 10 2. Fingerprints on Personal Foreword from European Identity Cards 42 Digital Rights (EDRi) 12 2.1 Analysis 43 Introduction to Germany 2.1.1 Human rights country study from EDRi 15 concerns 43 Germany 17 2.1.2 Consent 44 1 Facial Recognition 19 2.1.3 Access Extension 44 1.1 Local Government 19 3. Online Age and Identity 1.1.1 Case Study – ‘Verification’ 46 Cologne 20 3.1 Analysis 47 1.2 Federal Government 22 4. COVID-19 Responses 49 1.3 Biometric Technology 4.1 Analysis 50 Providers in Germany 23 4.2 The Convenience 1.3.1 Hardware 23 of Control 51 1.3.2 Software 25 5. Conclusion 53 1.4 Legal Analysis 31 Introduction to the Netherlands 1.4.1 German Law 31 country study from EDRi 55 1.4.1.1 Scope 31 The Netherlands 57 1.4.1.2 Necessity 33 1. Deployments by Public 1.4.2 EU Law 34 Entities 60 1.4.3 European 1.1. Dutch police and law Convention on enforcement authorities 61 Human Rights 37 1.1.1 CATCH Facial 1.4.4 International Recognition Human Rights Law 37 Surveillance Technology 61 1.1.1.1 CATCH - Legal Analysis 64 EDRi - EUROPEAN DIGITAL RIGHTS 3 1.1.2. -
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. -
Mass Surveillance
Thematic factsheet1 Update: July 2018 MASS SURVEILLANCE The highly complex forms of terrorism require States to take effective measures to defend themselves, including mass monitoring of communications. Unlike “targeted” surveillance (covert collection of conversations, telecommunications and metadata by technical means – “bugging”), “strategic” surveillance (or mass surveillance) does not necessarily start with a suspicion against a particular person or persons. It has a proactive element, aimed at identifying a danger rather than investigating a known threat. Herein lay both the value it can have for security operations, and the risks it can pose for individual rights. Nevertheless, Member States do not have unlimited powers in this area. Mass surveillance of citizens is tolerable under the Convention only if it is strictly necessary for safeguarding democratic institutions. Taking into account considerable potential to infringe fundamental rights to privacy and to freedom of expression enshrined by the Convention, Member States must ensure that the development of surveillance methods resulting in mass data collection is accompanied by the simultaneous development of legal safeguards securing respect for citizens’ human rights. According to the case-law of the European Court of Human Rights, it would be counter to governments’ efforts to keep terrorism at bay if the terrorist threat were substituted with a perceived threat of unfettered executive power intruding into citizens’ private lives. It is of the utmost importance that the domestic legislation authorizing far-reaching surveillance techniques and prerogatives provides for adequate and sufficient safeguards in order to minimize the risks for the freedom of expression and the right to privacy which the “indiscriminate capturing of vast amounts of communications” enables. -
Swire. “The Declining Half-Life of Secrets”
CYBERSECURITY INITIATIVE New America Cybersecurity Fellows Paper Series - Number 1 THE DECLINING HALF -LIFE OF SECRETS And the Future of Signals Intelligence By Peter Swire July 2015 © 2015 NEW AMERICA This report carries a Creative Commons license, which permits non-commercial re-use of New America content when proper attribution is provided. This means you are free to copy, display and distribute New America’s work, or in- clude our content in derivative works, under the following conditions: ATTRIBUTION. NONCOMMERCIAL. SHARE ALIKE. You must clearly attribute the work You may not use this work for If you alter, transform, or build to New America, and provide a link commercial purposes without upon this work, you may distribute back to www.newamerica.org. explicit prior permission from the resulting work only under a New America. license identical to this one. For the full legal code of this Creative Commons license, please visit creativecommons.org. If you have any questions about citing or reusing New America content, please contact us. ABOUT THE AUTHOR Peter Swire, Nancy J. and Lawrence P. Huang Professor of Law and Ethics, Scheller College of Business, Georgia Institute of Technology; Senior Counsel, Alston & Bird LLP; and New America Cybersecurity Fellow ABOUT THE CYBERSECURITY INITIATIVE ACKNOWLEDGEMENTS The Internet has connected us. Yet the policies and debates that sur- Many thanks to Ross Anderson, Ashkan round the security of our networks are too often disconnected, disjoint- Soltani and Lee Tien for assistance with ed, and stuck in an unsuccessful status quo. This is what New Ameri- this draft, and to the fellow members ca’s Cybersecurity Initiative is designed to address. -
Offensive Capabilities
GCHQ and UK Mass Surveillance Chapter 5 5 Beyond signals intelligence: Offensive capabilities 5.1 Introduction Documents released by German magazine Der Spiegel provide a much richer picture of the offensive activities of the NSA and its allies, including the UK’s GCHQ.i The global surveillance infrastructure and hacking tools described in the previous chapters are not only used for obtaining information to be fed into intelligence reports and tracking terrorists. The agencies are also developing cyber-warfare capabilities, with the NSA taking the lead within the US armed forces. This militarisation of the internet saw U.S. intelligence services carried out 231 offensive cyber-operations in 2011ii. The UK's National Strategic Defence and Security Review from 2010 made hostile attacks upon UK cyberspace a major priorityiii. It is fair to assume that many countries are following suit and building cyber-warfare capabilities. Der Spiegel terms the development of these aggressive hacking tools as Digital Weapons. In their view D weapons which should join the ABC (Atomic, Biological and Chemical) weapons of the 20th century because of their indiscriminate nature. Here lies a fundamental problem. The modern world with connected global communications networks means that non-state actors such as civilians and businesses are now affected by the agencies’ activities much more frequently than before. The internet is used by everyone – cyberspace is mainly a civilian space – and the opportunity for collateral damage is huge. The papers leaked to Der Spiegel appear to show that signal agencies have little regard for the security and wellbeing of anyone who gets caught in the path of their operations. -
Unclassified Summary Special Study of NSA Controls to Comply With
NATIONAL SECURITY AGENCY/CENTRAL SECURITY SERVICE INSPECTOR GENERAL REPORT Unclassified Summary Special Study of NSA Controls to Comply with Signals Intelligence Retention Requirements 12 December 2019 OFFICE OF THE INSPECTOR GENERAL Pursuant to the Inspector General Act of 1978, as amended, and in accordance with NSA/CSS Policy 1-60, the NSA/CSS Office of the Inspector General (OIG) conducts independent oversight that promotes Agency respect for Constitutional rights, adherence to laws, rules, and regulations, and the wise use of public resources. Through investigations and reviews, we detect and deter waste, fraud, abuse, and misconduct and promote the economy, the efficiency, and the effectiveness of Agency operations. AUDIT The Audit Division comprises three sections: Cybersecurity and Technology, Financial Audits, and Mission and Mission Support. The Division’s audits and evaluations examine the economy, efficiency, and effectiveness of NSA programs and operations; assess Agency compliance with laws, policies, and regulations; review the operation of internal information technology and controls; and determine whether the Agency’s financial statements and other fiscal reporting are fairly and accurately presented. Audits are conducted in accordance with auditing standards established by the Comptroller General of the United States. INSPECTIONS The Inspections Division performs organizational inspections and functional evaluations to assess adherence to regulations and policies and to promote the effective, efficient, and economical management of an organization, site, or function. OIG inspection reports recommend improvements and identify best practices across a broad range of topics, to include mission operations, security, facilities, and information technology systems. The Inspections Division also partners with Inspectors General of the Service Cryptologic Elements and other Intelligence Community (IC) entities to jointly inspect consolidated cryptologic facilities. -
Mass Surveillance
Mass Surveillance Mass Surveillance What are the risks for the citizens and the opportunities for the European Information Society? What are the possible mitigation strategies? Part 1 - Risks and opportunities raised by the current generation of network services and applications Study IP/G/STOA/FWC-2013-1/LOT 9/C5/SC1 January 2015 PE 527.409 STOA - Science and Technology Options Assessment The STOA project “Mass Surveillance Part 1 – Risks, Opportunities and Mitigation Strategies” was carried out by TECNALIA Research and Investigation in Spain. AUTHORS Arkaitz Gamino Garcia Concepción Cortes Velasco Eider Iturbe Zamalloa Erkuden Rios Velasco Iñaki Eguía Elejabarrieta Javier Herrera Lotero Jason Mansell (Linguistic Review) José Javier Larrañeta Ibañez Stefan Schuster (Editor) The authors acknowledge and would like to thank the following experts for their contributions to this report: Prof. Nigel Smart, University of Bristol; Matteo E. Bonfanti PhD, Research Fellow in International Law and Security, Scuola Superiore Sant’Anna Pisa; Prof. Fred Piper, University of London; Caspar Bowden, independent privacy researcher; Maria Pilar Torres Bruna, Head of Cybersecurity, Everis Aerospace, Defense and Security; Prof. Kenny Paterson, University of London; Agustín Martin and Luis Hernández Encinas, Tenured Scientists, Department of Information Processing and Cryptography (Cryptology and Information Security Group), CSIC; Alessandro Zanasi, Zanasi & Partners; Fernando Acero, Expert on Open Source Software; Luigi Coppolino,Università degli Studi di Napoli; Marcello Antonucci, EZNESS srl; Rachel Oldroyd, Managing Editor of The Bureau of Investigative Journalism; Peter Kruse, Founder of CSIS Security Group A/S; Ryan Gallagher, investigative Reporter of The Intercept; Capitán Alberto Redondo, Guardia Civil; Prof. Bart Preneel, KU Leuven; Raoul Chiesa, Security Brokers SCpA, CyberDefcon Ltd.; Prof. -
Historical Dictionary of Air Intelligence
Historical Dictionaries of Intelligence and Counterintelligence Jon Woronoff, Series Editor 1. British Intelligence, by Nigel West, 2005. 2. United States Intelligence, by Michael A. Turner, 2006. 3. Israeli Intelligence, by Ephraim Kahana, 2006. 4. International Intelligence, by Nigel West, 2006. 5. Russian and Soviet Intelligence, by Robert W. Pringle, 2006. 6. Cold War Counterintelligence, by Nigel West, 2007. 7. World War II Intelligence, by Nigel West, 2008. 8. Sexspionage, by Nigel West, 2009. 9. Air Intelligence, by Glenmore S. Trenear-Harvey, 2009. Historical Dictionary of Air Intelligence Glenmore S. Trenear-Harvey Historical Dictionaries of Intelligence and Counterintelligence, No. 9 The Scarecrow Press, Inc. Lanham, Maryland • Toronto • Plymouth, UK 2009 SCARECROW PRESS, INC. Published in the United States of America by Scarecrow Press, Inc. A wholly owned subsidiary of The Rowman & Littlefield Publishing Group, Inc. 4501 Forbes Boulevard, Suite 200, Lanham, Maryland 20706 www.scarecrowpress.com Estover Road Plymouth PL6 7PY United Kingdom Copyright © 2009 by Glenmore S. Trenear-Harvey All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publisher. British Library Cataloguing in Publication Information Available Library of Congress Cataloging-in-Publication Data Trenear-Harvey, Glenmore S., 1940– Historical dictionary of air intelligence / Glenmore S. Trenear-Harvey. p. cm. — (Historical dictionaries of intelligence and counterintelligence ; no. 9) Includes bibliographical references. ISBN-13: 978-0-8108-5982-1 (cloth : alk. paper) ISBN-10: 0-8108-5982-3 (cloth : alk. paper) ISBN-13: 978-0-8108-6294-4 (eBook) ISBN-10: 0-8108-6294-8 (eBook) 1. -
Draft Environmnetal Impact Statement for the Green Bank Observatory
Draft November 9, 2017 Draft Environmental Impact Statement for the Green Bank Observatory, Green Bank, West Virginia National Science Foundation November 9, 2017 Cover Sheet Draft Environmental Impact Statement Green Bank Observatory, Green Bank, West Virginia Responsible Agency: The National Science Foundation (NSF) For more information, contact: Ms. Elizabeth Pentecost Division of Astronomical Sciences Room W9152 2415 Eisenhower Avenue Alexandria, VA 22314 Public Comment Period: November 9, 2017 through January 8, 2018 (extended beyond typical 45-day review period to allow for the holidays) To Submit a Comment: • Send email with subject line “Green Bank Observatory” to: [email protected] • Send mail addressed to: Ms. Elizabeth Pentecost, RE: Green Bank Observatory Division of Astronomical Sciences Room W9152 2415 Eisenhower Avenue Alexandria, VA 22314 Abstract: The NSF has produced a Draft Environmental Impact Statement (DEIS) to analyze the potential environmental impacts associated with potential funding changes for Green Bank Observatory in Green Bank, West Virginia. The five Alternatives analyzed in the DEIS are: A) collaboration with interested parties for continued science- and education-focused operations with reduced NSF funding (the Agency- preferred Alternative); B) collaboration with interested parties for operation as a technology and education park; C) mothballing of facilities; D) demolition and site restoration; and the No-Action Alternative. The environmental resources considered in the DEIS are biological -
Report on the Democratic Oversight of Signals Intelligence Agencies
Strasbourg, 15 December 2015 CDL-AD(2015)011 Study No. 719/2013 Or. Engl. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) REPORT ON THE DEMOCRATIC OVERSIGHT OF SIGNALS INTELLIGENCE AGENCIES Adopted by the Venice Commission at its 102nd Plenary Session (Venice, 20-21 March 2015) on the basis of comments by Mr Iain Cameron (Member, Sweden) This document will not be distributed at the meeting. Please bring this copy. www.venice.coe.int CDL-AD(2015)011 - 2 - TABLE OF CONTENTS Executive summary .................................................................................................................... 3 I. Introduction .................................................................................................................. 7 II. The scope of the present study – definitions ................................................................ 7 III. Is there a need for (improved) democratic control? ...................................................... 8 A. What is strategic surveillance? .................................................................................. 8 B. Weaker controls over strategic surveillance? ........................................................... 10 C. Mass surveillance? .................................................................................................. 12 IV. Jurisdiction ................................................................................................................. 15 V. Accountability – constitutional and organisational contexts ....................................... -
Development of Surveillance Technology and Risk of Abuse of Economic Information
∋(9(/230(172)6859(,//∃1&( 7(&+12/2∗<∃1∋5,6.2)∃%86( 2)(&2120,&,1)250∃7,21 9ΡΟ 7ΚΗςΗΡΙΚΗΥΛΘΦΡΠΠΞΘΛΦΛΡΘς ,ΘΗΟΟΛϑΗΘΦΗ&20,17ΡΙΞΡΠ∆ΗΓΣΥΡΦΗςςΛΘϑΙΡΥΛΘΗΟΟΛϑΗΘΦΗΣΞΥΣΡςΗς ΡΙΛΘΗΥΦΗΣΗΓΕΥΡΓΕΘΓΠΞΟΛΟΘϑΞϑΗΟΗςΗΓΡΥΦΡΠΠΡΘΦΥΥΛΗΥ ς∴ςΗΠςΘΓΛςΣΣΟΛΦΕΛΟΛ∴Ρ&20,17ΥϑΗΛΘϑΘΓςΗΟΗΦΛΡΘ ΛΘΦΟΞΓΛΘϑςΣΗΗΦΚΥΗΦΡϑΘΛΛΡΘ :ΡΥΝΛΘϑΓΡΦΞΠΗΘΙΡΥΚΗ672∃3ΘΗΟ /Ξ[ΗΠΕΡΞΥϑ2ΦΡΕΗΥ 3(9ΡΟ &ΟΡϑΞΛΘϑΓ 7ΛΟΗ 3∆Υ7ΚΗςΗΡΙΚΗΥΛΘΦΡΠΠΞΘΛΦΛΡΘς ,ΘΗΟΟΛϑΗΘΦΗ&20,17ΡΙΞΡΠ∆ΗΓΣΥΡΦΗςςΛΘϑΙΡΥ ΛΘΗΟΟΛϑΗΘΦΗΣΞΥΣΡςΗςΡΙΛΘΗΥΦΗΣΗΓΕΥΡΓΕΘΓΞΟΛ ΟΘϑΞϑΗΟΗςΗΓΡΥΦΡΠΠΡΘΦΥΥΛΗΥς∴ςΗΠςΘΓΛς ΣΣΟΛΦΕΛΟΛ∴Ρ&20,17ΥϑΗΛΘϑΘΓςΗΟΗΦΛΡΘ ΛΘΦΟΞΓΛΘϑςΣΗΗΦΚΥΗΦΡϑΘΛΛΡΘ :ΡΥΝΣΟΘ5ΗΙ (3,9%672∃ 3ΞΕΟΛςΚΗΥ (ΞΥΡΣΗΘ3ΥΟΛΠΗΘ ∋ΛΥΗΦΡΥΗ∗ΗΘΗΥΟΙΡΥ5ΗςΗΥΦΚ ∋ΛΥΗΦΡΥΗ∃ 7ΚΗ672∃3ΥΡϑΥ∆ΠΠΗ ∃ΞΚΡΥ ∋ΞΘΦΘ&ΠΣΕΗΟΟ,379/ΩΓ(ΓΛΘΕΞΥϑΚ (ΓΛΡΥ 0Υ∋ΛΦΝ+2/∋6:257+ +ΗΓΡΙ672∃8ΘΛ ∋Η 2ΦΡΕΗΥ 3(ΘΞΠΕΗΥ 3(9ΡΟ 7ΚΛςΓΡΦΞΠΗΘΛςΖΡΥΝΛΘϑ∋ΡΦΞΠΗΘΙΡΥΚΗ672∃3ΘΗΟ,ΛςΘΡΘΡΙΙΛΦΛΟΣΞΕΟΛΦΛΡΘΡΙ672∃ 7ΚΛςΓΡΦΞΠΗΘΓΡΗςΘΡΘΗΦΗςςΥΛΟ∴ΥΗΣΥΗςΗΘΚΗΨΛΗΖςΡΙΚΗ(ΞΥΡΣΗΘ3ΥΟΛΠΗΘ I nterception Capabilities 2000 Report to the Director General for Research of the European Parliament (Scientific and Technical Options Assessment programme office) on the development of surveillance technology and risk of abuse of economic information. This study considers the state of the art in Communications intelligence (Comint) of automated processing for intelligence purposes of intercepted broadband multi-language leased or common carrier systems, and its applicability to Comint targeting and selection, including speech recognition. I nterception Capabilities 2000 Cont ent s SUMMARY .............................................................................................................................................................................................