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Ashley Deeks*
ARTICLE An International Legal Framework for Surveillance ASHLEY DEEKS* Edward Snowden’s leaks laid bare the scope and breadth of the electronic surveillance that the U.S. National Security Agency and its foreign counterparts conduct. Suddenly, foreign surveillance is understood as personal and pervasive, capturing the communications not only of foreign leaders but also of private citizens. Yet to the chagrin of many state leaders, academics, and foreign citizens, international law has had little to say about foreign surveillance. Until recently, no court, treaty body, or government had suggested that international law, including basic privacy protections in human rights treaties, applied to purely foreign intelligence collection. This is now changing: Several UN bodies, judicial tribunals, U.S. corporations, and individuals subject to foreign surveillance are pressuring states to bring that surveillance under tighter legal control. This Article tackles three key, interrelated puzzles associated with this sudden transformation. First, it explores why international law has had so little to say about how, when, and where governments may spy on other states’ nationals. Second, it draws on international relations theory to argue that the development of new international norms regarding surveillance is both likely and essential. Third, it identifies six process-driven norms that states can and should adopt to ensure meaningful privacy restrictions on international surveillance without unduly harming their legitimate national security interests. These norms, which include limits on the use of collected data, periodic reviews of surveillance authorizations, and active oversight by neutral bodies, will increase the transparency, accountability, and legitimacy of foreign surveillance. This procedural approach challenges the limited emerging scholarship on surveillance, which urges states to apply existing — but vague and contested — substantive human rights norms to complicated, clandestine practices. -
Downloads (‘High-Volume, Low-Value Traffic’).43 Reports with Regard to UK and German Programmes Also Cite the Use of ‘Selectors’ (E.G
DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS NATIONAL PROGRAMMES FOR MASS SURVEILLANCE OF PERSONAL DATA IN EU MEMBER STATES AND THEIR COMPATIBILITY WITH EU LAW STUDY Abstract In the wake of the disclosures surrounding PRISM and other US surveillance programmes, this study makes an assessment of the large-scale surveillance practices by a selection of EU member states: the UK, Sweden, France, Germany and the Netherlands. Given the large-scale nature of surveillance practices at stake, which represent a reconfiguration of traditional intelligence gathering, the study contends that an analysis of European surveillance programmes cannot be reduced to a question of balance between data protection versus national security, but has to be framed in terms of collective freedoms and democracy. It finds that four of the five EU member states selected for in-depth examination are engaging in some form of large-scale interception and surveillance of communication data, and identifies parallels and discrepancies between these programmes and the NSA-run operations. The study argues that these surveillance programmes do not stand outside the realm of EU intervention but can be engaged from an EU law perspective via (i) an understanding of national security in a democratic rule of law framework where fundamental human rights standards and judicial oversight constitute key standards; (ii) the risks presented to the internal security of the Union as a whole as well as the privacy of EU citizens as data owners, and (iii) the potential spillover into the activities and responsibilities of EU agencies. -
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. -
IN the EUROPEAN COURT of HUMAN RIGHTS App No. 24960/15 10 HUMAN RIGHTS
IN THE EUROPEAN COURT OF HUMAN RIGHTS App No. 24960/15 10 HUMAN RIGHTS ORGANIZATIONS AND OTHERS – v – THE UNITED KINGDOM THIRD PARTY INTERVENTION OF THE ELECTRONIC PRIVACY INFORMATION CENTER Introduction 1. The Electronic Privacy Information Center (“EPIC”) welcomes the opportunity to submit these written comments pursuant to leave granted on February 26, 2016, by the President of the First Section under Rule 44 §3 of the Rules of the Court. These submissions do not address the facts or merits of the applicants’ case. 2. EPIC is a public interest, non-profit research and educational organization based in Washington, D.C. 1 EPIC was established in 1994 to focus public attention on emerging privacy and civil liberties issues and to protect privacy, freedom of expression, and democratic values in the information age. EPIC routinely files amicus briefs in U.S. courts, pursues open government cases, defends consumer privacy, coordinates non- profit participation in international policy discussions, and advocates before legislative and judicial organizations about emerging privacy and civil liberties issues. EPIC is a leading privacy and freedom of information organization in the US with special expertise in government surveillance related legal matters. 3. The matter before the Court in 10 Human Rights Organizations and Others v. the United Kingdom impacts the human rights to privacy, data protection and freedom of expression of people around the world, which is reflected also by the variety of the applicants’ affiliations. The matter before the Court is an issue of broad international importance because it involves arrangements to transfer personal data between the United States and European countries. -
National Programmes for Mass Surveillance of Personal Data in Eu Member States and Their Compatibility with Eu Law
DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS NATIONAL PROGRAMMES FOR MASS SURVEILLANCE OF PERSONAL DATA IN EU MEMBER STATES AND THEIR COMPATIBILITY WITH EU LAW STUDY Abstract In the wake of the disclosures surrounding PRISM and other US surveillance programmes, this study makes an assessment of the large-scale surveillance practices by a selection of EU member states: the UK, Sweden, France, Germany and the Netherlands. Given the large-scale nature of surveillance practices at stake, which represent a reconfiguration of traditional intelligence gathering, the study contends that an analysis of European surveillance programmes cannot be reduced to a question of balance between data protection versus national security, but has to be framed in terms of collective freedoms and democracy. It finds that four of the five EU member states selected for in-depth examination are engaging in some form of large-scale interception and surveillance of communication data, and identifies parallels and discrepancies between these programmes and the NSA-run operations. The study argues that these surveillance programmes do not stand outside the realm of EU intervention but can be engaged from an EU law perspective via (i) an understanding of national security in a democratic rule of law framework where fundamental human rights standards and judicial oversight constitute key standards; (ii) the risks presented to the internal security of the Union as a whole as well as the privacy of EU citizens as data owners, and (iii) the potential spillover into the activities and responsibilities of EU agencies. -
Human Rights Treaties and Foreign Surveillance: Privacy in the Digital Age
\\jciprod01\productn\H\HLI\56-1\HLI103.txt unknown Seq: 1 27-APR-15 10:31 Volume 56, Number 1, Winter 2015 Human Rights Treaties and Foreign Surveillance: Privacy in the Digital Age Marko Milanovic* Introduction The 2013 revelations by Edward Snowden of the scope and magnitude of electronic surveillance programs run by the U.S. National Security Agency (NSA) and some of its partners, chief among them the UK Government Communications Headquarters (GCHQ), have provoked intense public de- bate regarding the proper limits of such intelligence activities. Privacy ac- tivists decry such programs, especially those involving the mass collection of the data or communications of ordinary individuals across the globe, argu- ing that they create an inhibiting surveillance climate that diminishes basic freedoms, while government officials justify them as necessary to prevent terrorism. Snowden’s disclosures proved especially damaging for U.S. for- eign policy interests when it was revealed that the United States and some of its “Five Eyes” partners1 spied on the leaders of allied governments, includ- ing Germany, Mexico, Brazil, and Indonesia.2 * Associate Professor, University of Nottingham School of Law; Visiting Professor, University of Michigan Law School, Fall 2013; Secretary-General, European Society of International Law. E-mail: [email protected]. I am grateful for their most helpful comments to Gerry Neuman, Peter Margulies, the participants of the Roundtable on Protecting Human Rights in the Age of Surveil- lance, organized by the Center for Democracy and Technology and the American University Washington College of Law in January 2014, and the participants of the seminar on the Right to Privacy in the Digital Age organized at the United Nations headquarters in Geneva in February 2014. -
Unfollowme Campaign Against Mass Surveillance
Q&A: #UnfollowMe campaign against mass surveillance Why is Amnesty International launching a global campaign against mass surveillance? The Internet has revolutionized the way we communicate. Every day, three billion Internet users connect to the web to publish, share and access billions of pieces of information and communicate with each other instantaneously across the world. But it also allows governments to record and store all this information, giving them unprecedented knowledge about what we do, think and say. Everyone who uses the internet today is at risk of having their communications monitored by their government and in some cases, by foreign governments. As everyday appliances, from TVs and watches to fridges and cars become connected to the Internet, governments will have access to data about everything we do. As computers become more powerful and algorithms become more intelligent, so will governments’ ability to make assumptions about us based on our actions, from large-scale profiling to predictive analysis. If we don’t act now, we risk living in societies where privacy doesn’t exist. Why should I care about mass surveillance if I have nothing to hide? The question should be: if I have done nothing wrong, why is my privacy being violated? Ordinarily, governments conduct targeted surveillance - the monitoring of a person’s communications, actions or movements. Governments can only lawfully conduct surveillance if it is targeted at a person or a group for specified legitimate reasons. To do this, the authorities would obtain permission from a judge, for example, to monitor the phone or internet use of a target person or group they suspect of criminal activities. -
Siber Güvenlik Raporu
Siber Güvenlik Raporu Hazırlayanlar Ali KURTUL M. Fatih ZEYVELİ Yusuf İNCE Kadir YILDIZ Hüseyin YÜCE Faruk YAKARYILMAZ İçindekiler Tablosu SİBER DÜNYADA BİLİŞİM GÜVENLİĞİ ............................................................................................. 3 GİRİŞ .................................................................................................................................................... 3 Siber Güvenliğe Giriş .................................................................................................................... 4 SİBER GÜVENLİK KAVRAMLARI ............................................................................................................ 5 SİBER GÜVENLİK .................................................................................................................................. 5 SİBER SALDIRI ...................................................................................................................................... 5 BULUT GÜVENLİĞİ ............................................................................................................................... 5 IOT GÜVENLİĞİ .................................................................................................................................... 6 BÜYÜK VERİ / BİG DATA ...................................................................................................................... 7 KRİTİK ALTYAPI ................................................................................................................................... -
Two Years After Snowden
TWO YEARS AFTER SNOWDEN PROTECTING HUMAN RIGHTS IN AN AGE OF MASS SURVEILLANCE (COVER IMAGE) A student works on a computer that is projecting former U.S. National Security Agency contractor Edward Snowden as he appears live via video during a world affairs conference in Toronto © REUTERS/Mark Blinch 2 TWO YEARS AFTER SNOWDEN JUNE 2015 © REUTERS/Zoran Milich © REUTERS/Zoran “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether.” Ben Emmerson QC, UN Special Rapporteur on counter-terrorism and human rights EXECUTIVE SUMMARY On 5 June 2013, a British newspaper, The exposed by the media based on files leaked by Guardian, published the first in a series Edward Snowden have included evidence that: of revelations about indiscriminate mass surveillance by the USA’s National Security Companies – including Facebook, Google Agency (NSA) and the UK’s Government and Microsoft – were forced to handover Communications Headquarters (GCHQ). their customers’ data under secret orders Edward Snowden, a whistleblower who had through the NSA’s Prism programme; worked with the NSA, provided concrete evidence of global communications the NSA recorded, stored and analysed surveillance programmes that monitor the metadata related to every single telephone internet and phone activity of hundreds call and text message transmitted in of millions of people across the world. Mexico, Kenya, and the Philippines; Governments can have legitimate reasons GCHQ and the NSA have co- for using communications surveillance, for opted some of the world’s largest example to combat crime or protect national telecommunications companies to tap security. -
Big Data, Big Brother?
December 2015 Big data, Big Brother? How to secure Europeans’ safety and privacy By Camino Mortera-Martinez Big data, Big Brother? How to secure Europeans’ safety and privacy By Camino Mortera-Martinez Terrorism and organised crime are a serious threat to Europe, as the recent attacks in Paris show. The European Union is better placed to deal with trans-national crime and terrorists moving across borders than individual member-states. To face this growing threat, the EU needs to adopt security measures. Some of these measures (such as the use of data to trace and track how terrorists are financed, how they travel and how they communicate) have far-reaching implications for citizens’ privacy. As it tries to find more effective ways to combat terrorism at the European level, the EU has been struggling to find the right balance between privacy and security. There are two main reasons why: the EU’s institutional and legal framework for dealing with security issues is inadequate; and debates on security and privacy are distorted by Europe’s love/hate relationship with the US, which extends to American multinational companies. The European Parliament has been blocking important security legislation, and the Snowden revelations have damaged trust between Europe and America, threatening the operations of US companies in Europe. But the EU needs to protect its security and ensure that citizens’ rights are respected. The following proposals would help it to do so: The European Parliament needs to have access to confidential information, if the EU wants to overcome the current gridlock on security measures. -
The Surveillance State and National Security a Senior
University of California, Santa Cruz 32 Years After Orwellian “1984”: The Surveillance State and National Security A Senior Thesis submitted in partial satisfaction of the requirements for the degree of BACHELORS OF ARTS IN SOCIOLOGY AND LEGAL STUDIES by Ean L. Brown March 2016 Advisor: Professor Hiroshi Fukurai This work is dedicated to my dad Rex along with my family and friends who inspired me to go the extra mile. Special thanks to Francesca Guerra of the Sociology Department, Ryan Coonerty of the Legal Studies Department and Margaret Shannon of Long Beach City College for their additional advising and support. 2 Abstract This paper examines the recent National Security Agency (NSA) document leak by former NSA contractor Edward Snowden and analyzes select programs (i.e. PRISM, Dishfire, and Fairview) to uncover how the agency has maintained social control in the digital era. Such governmental programs, mining domestic data freely from the world’s top technology companies (i.e. Facebook, Google, and Verizon) and listening in on private conversations, ultimately pose a significant threat to the relation of person and government, not to mention social stability as a whole. The paper will also examine the recent government document leak The Drone Papers to detail and conceptualize how NSA surveillance programs are used abroad in Afghanistan, Somalia and Yemen. Specifically, this work analyzes how current law is slowly eroding to make room for the ever-increasing surveillance on millions of innocent Americans as well as the changing standard of proof through critical analysis of international law and First and Fourth Amendment Constitutional law. -
Intelligence Special Relationship’ Between Britain and the United States Written by Jonjo Robb
The ‘Intelligence Special Relationship’ between Britain and the United States Written by Jonjo Robb This PDF is auto-generated for reference only. As such, it may contain some conversion errors and/or missing information. For all formal use please refer to the official version on the website, as linked below. The ‘Intelligence Special Relationship’ between Britain and the United States https://www.e-ir.info/2014/06/15/the-intelligence-special-relationship-between-britain-and-the-united-states/ JONJO ROBB, JUN 15 2014 Is it accurate to talk of an ‘intelligence special relationship’ between Britain and the United States? The United Kingdom and the United States are often regarded as having incredibly close and cordial bilateral relations, to the extent that this is often described as a ‘special relationship’. President Barack Obama remarked when addressing Parliament on a state visit to the UK in 2011 that the two nations enjoyed ‘one of the oldest, one of the strongest alliances the world has ever known’.[1] On taking office in 2010, Secretary of State for Foreign & Commonwealth Affairs William Hague commented that ‘the United States is without doubt the most important ally of the United Kingdom’.[2] The two states share a language, a vast history, and a number of interests and values. The UK and USA have both in the past and at present cooperated intensively on military matters. Both were members of the ‘Big Three’ during World War II, both were founding members of NATO, and both formed the leading contingents in the invasions of Afghanistan and Iraq. As a result of their shared military experiences, the UK and USA have also cooperated on intelligence matters.