The Surveillance State and National Security a Senior
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
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. -
A Public Accountability Defense for National Security Leakers and Whistleblowers
A Public Accountability Defense For National Security Leakers and Whistleblowers The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Yochai Benkler, A Public Accountability Defense For National Security Leakers and Whistleblowers, 8 Harv. L. & Pol'y Rev. 281 (2014). Published Version http://www3.law.harvard.edu/journals/hlpr/files/2014/08/ HLP203.pdf Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:12786017 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#OAP A Public Accountability Defense for National Security Leakers and Whistleblowers Yochai Benkler* In June 2013 Glenn Greenwald, Laura Poitras, and Barton Gellman be- gan to publish stories in The Guardian and The Washington Post based on arguably the most significant national security leak in American history.1 By leaking a large cache of classified documents to these reporters, Edward Snowden launched the most extensive public reassessment of surveillance practices by the American security establishment since the mid-1970s.2 Within six months, nineteen bills had been introduced in Congress to sub- stantially reform the National Security Agency’s (“NSA”) bulk collection program and its oversight process;3 a federal judge had held that one of the major disclosed programs violated the -
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. -
How the Fallout from Post-9/11 Surveillance Programs Can Inform Privacy Protections for COVID-19 Contact Tracing Programs
City University of New York Law Review Volume 24 Issue 1 Winter 2021 How the Fallout from Post-9/11 Surveillance Programs Can Inform Privacy Protections for COVID-19 Contact Tracing Programs Emma Mendelson CUNY School of Law Follow this and additional works at: https://academicworks.cuny.edu/clr Part of the Law Commons Recommended Citation Emma Mendelson, How the Fallout from Post-9/11 Surveillance Programs Can Inform Privacy Protections for COVID-19 Contact Tracing Programs, 24 CUNY L. Rev. 35 (2021). Available at: https://academicworks.cuny.edu/clr/vol24/iss1/4 The CUNY Law Review is published by the Office of Library Services at the City University of New York. For more information please contact [email protected]. HOW THE FALLOUT FROM POST-9/11 SURVEILLANCE PROGRAMS CAN INFORM PRIVACY PROTECTIONS FOR COVID-19 CONTACT TRACING PROGRAMS Emma Mendelson† INTRODUCTION ................................................................... 35 I. THE BUSH ADMINISTRATION AND THE BROADENED SCOPE OF SURVEILLANCE ................................................................... 38 A. The Law and the NSA .................................................... 38 B. The Wave of Backlash Comes Crashing Down ............. 44 II. NATIONAL SECURITY AND PUBLIC HEALTH SURVEILLANCE DURING COVID-19 ........................................................... 46 A. Background on the Data Changes Since 9/11 .............. 47 B. What Does Surveillance During the COVID-19 Pandemic Look Like? .................................................. 48 C. Emerging Criticisms -
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. -
The Criminalization of Whistleblowing
THE CRIMINALIZATION OF WHISTLEBLOWING JESSELYN RADACK & KATHLEEN MCCLELLAN1 INTRODUCTION The year 2009 began a disturbing new trend: the criminalization of whistleblowing. The Obama administration has pursued a quiet but relentless campaign against the news media and their sources. This Article focuses on the sources who, more often than not, are whistleblowers. A spate of “leak” prosecutions brought under the Espionage Act2 has shaken the world of whistleblower attorneys, good- government groups, transparency organizations, and civil liberties advocates. The Obama administration has prosecuted fi ve criminal cases 1. Jesselyn Radack is National Security and Human Rights Director at the Government Accountability Project (GAP), a non-profi t organization dedicated to promoting corporate and government accountability by protecting whistleblowers, advancing occupational free speech, and empowering citizen activists. Kathleen McClellan is National Security and Human Rights Counsel at GAP. 2. Espionage Act of 1917, Pub. L. 65-24, 40 Stat. 217 (June 15, 1917). 57 58 THE LABOR & EMPLOYMENT LAW FORUM [Vol. 2:1 under the Espionage Act, which is more than all other presidential administrations combined.3 These “leak” prosecutions send a chilling message to public servants, as they are contrary to President Barack Obama’s pledge of openness and transparency.4 The vast majority of American citizens do not take issue with the proposition that some things should be kept secret, such as sources and methods, nuclear designs, troop movements, and undercover identities.5 However, the campaign to fl ush out media sources smacks of retaliation and intimidation. The Obama administration is right to protect information that might legitimately undermine national security or put Americans at risk. -
Damming the Leaks: Balancing National Security, Whistleblowing and the Public Interest
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Lincoln Memorial University, Duncan School of Law: Digital Commons... LINCOLN MEMORIAL UNIVERSITY LAW REVIEW _____________________________________ VOLUME 3 FALL 2015 _____________________________________ DAMMING THE LEAKS: BALANCING NATIONAL SECURITY, WHISTLEBLOWING AND THE PUBLIC INTEREST Jason Zenor1 In the last few years we have had a number of infamous national security leaks and prosecutions. Many have argued that these people have done a great service for our nation by revealing the wrongdoings of the defense agencies. However, the law is quite clear- those national security employees who leak classified information are subject to lengthy prison sentences or in some cases, even execution as a traitor. In response to the draconian national security laws, this article proposes a new policy which fosters the free flow of information. First, the article outlines the recent history of national security leaks and the government response to the perpetrators. Next, the article outlines the information policy of the defense industry including the document classification system, the Freedom of Information Act (FOIA), whistleblower laws and the Espionage Act. Finally, the article outlines a new policy that will advance government transparency by promoting whistleblowing that serves the public interest, while balancing it with government efficiency 1 Assistant Professor, School of Communication, Media and the Arts, State University of New York-Oswego. DAMMING THE LEAKS 62 by encouraging proper channels of dissemination that actually respond to exposures of government mismanagement. “The guarding of military and diplomatic secrets at the expense of informed representative government provides no real security for our Republic.” Justice Hugo Black2 “The oath of allegiance is not an oath of secrecy [but rather] an oath to the Constitution.” Edward Snowden3 I. -
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 ................................................................................................................................... -
Digital Innocence Joshua A
Cornell Law Review Volume 99 Article 1 Issue 5 July 2014 Digital Innocence Joshua A. T. Fairfield Erik Luna Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Joshua A. T. Fairfield and Erik Luna, Digital Innocence, 99 Cornell L. Rev. 981 (2014) Available at: http://scholarship.law.cornell.edu/clr/vol99/iss5/1 This Article 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]. \\jciprod01\productn\C\CRN\99-5\CRN501.txt unknown Seq: 1 21-JUL-14 12:02 DIGITAL INNOCENCE Joshua A.T. Fairfield† & Erik Luna†† Recent revelations have shown that almost all online activity and in- creasing amounts of offline activity are tracked using Big Data and data mining technologies. The ensuing debate has largely failed to consider an important consequence of mass surveillance: the obligation to provide access to information that might exonerate a criminal defendant. Although infor- mation technology can establish innocence—an ability that will only im- prove with technological advance—the fruits of mass surveillance have been used almost exclusively to convict. To address the imbalance and inform public dialogue, this Article develops the concept of “digital innocence” as a means of leveraging the tools of Big Data, data mining, ubiquitous con- sumer tracking, and digital forensics to prevent wrongful convictions and to provide hard proof of actual innocence for those already convicted. -
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 -
Elite Theory Application to Social Privacy Concerns During Domestic Government Surveillance
Walden University ScholarWorks Walden Dissertations and Doctoral Studies Walden Dissertations and Doctoral Studies Collection 2020 Elite Theory Application to Social Privacy Concerns During Domestic Government Surveillance George Vahn Walden University Follow this and additional works at: https://scholarworks.waldenu.edu/dissertations Part of the Public Policy Commons This Dissertation is brought to you for free and open access by the Walden Dissertations and Doctoral Studies Collection at ScholarWorks. It has been accepted for inclusion in Walden Dissertations and Doctoral Studies by an authorized administrator of ScholarWorks. For more information, please contact [email protected]. Walden University College of Social and Behavioral Sciences This is to certify that the doctoral dissertation by George Vähn has been found to be complete and satisfactory in all respects, and that any and all revisions required by the review committee have been made. Review Committee Dr. George Larkin, Committee Chairperson, Public Policy and Administration Faculty Dr. Lynn Wilson, Committee Member, Public Policy and Administration Faculty Dr. Victoria Landu-Adams, University Reviewer, Public Policy and Administration Faculty Chief Academic Officer and Provost Sue Subocz, Ph.D. Walden University 2020 Abstract Elite Theory Application to Social Privacy Concerns During Domestic Government Surveillance by George Vähn Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Public Policy and Administration Walden University November 2020 Abstract Policy professionals would benefit from a social theory capable of suggesting policy change ramifications prior to public implementation. There is a research analysis shortfall concerning the usefulness of elite theory in modern social change. This study was an investigation of the effectiveness of elite theory to inform public policy analysts of behavioral outcomes following policy creation or change. -
En En Report
EUROPEAN PARLIAMENT 2009 - 2014 Plenary sitting A7-0139/2014 21.2.2014 REPORT on the US NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights and on transatlantic cooperation in Justice and Home Affairs (2013/2188(INI)) Committee on Civil Liberties, Justice and Home Affairs Rapporteur: Claude Moraes RR\1020713EN.doc PE526.085v03-00 EN United in diversityEN PR_INI CONTENTS Page MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION.............................................3 EXPLANATORY STATEMENT ............................................................................................45 ANNEX I: LIST OF WORKING DOCUMENTS ...................................................................52 ANNEX II: LIST OF HEARINGS AND EXPERTS...............................................................53 ANNEX III: LIST OF EXPERTS WHO DECLINED PARTICIPATING IN THE LIBE INQUIRY PUBLIC HEARINGS .............................................................................................61 RESULT OF FINAL VOTE IN COMMITTEE.......................................................................63 PE526.085v03-00 2/63 RR\1020713EN.doc EN MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION on the US NSA surveillance programme, surveillance bodies in various Member States and their impact on EU citizens’ fundamental rights and on transatlantic cooperation in Justice and Home Affairs (2013/2188(INI)) The European Parliament, – having regard to the Treaty on European Union (TEU), in particular Articles