Internet Privacy and Surveillance
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Communication from the Commission to the European Parliament and the Council
EN EN EN EUROPEAN COMMISSION Brussels, 20.7.2010 COM(2010)385 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Overview of information management in the area of freedom, security and justice EN EN COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Overview of information management in the area of freedom, security and justice 1. INTRODUCTION The European Union has come a long way since the leaders of five European countries agreed in Schengen in 1985 to abolish controls at their common borders. Their agreement gave rise in 1990 to the Schengen Convention, which contained the seeds of many of today’s information management policies. The abolition of internal border checks has spurred the development of a whole range of measures at external frontiers, mainly concerning the issuing of visas, the coordination of asylum and immigration policies and the strengthening of police, judicial and customs cooperation in the fight against cross-border crime. Neither the Schengen area nor the EU internal market could function today without cross-border data exchange. The terrorist attacks in the United States in 2001, as well as the bombings in Madrid and London in 2004 and 2005, triggered another dynamic in the development of Europe’s information management policies. In 2006, the Council and the European Parliament adopted the Data Retention Directive to enable national authorities to combat serious crime by retaining telecommunication traffic and location data.1 The Council then took up the Swedish initiative to simplify the cross-border exchange of information in criminal investigations and intelligence operations. -
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Politics and Governance Open Access Journal | ISSN: 2183-2463 Volume 7, Issue 3 (2019) OutOut ofof thethe Shadows,Shadows, IntoInto thethe Limelight:Limelight: ParliamentsParliaments andand PoliticisationPoliticisation Editors Christine Neuhold and Guri Rosén Politics and Governance, 2019, Volume 7, Issue 3 Out of the Shadows, Into the Limelight: Parliaments and Politicisation Published by Cogitatio Press Rua Fialho de Almeida 14, 2º Esq., 1070-129 Lisbon Portugal Academic Editors Christine Neuhold (Maastricht University, The Netherlands) Guri Rosén (University of Oslo, Norway) Available online at: www.cogitatiopress.com/politicsandgovernance This issue is licensed under a Creative Commons Attribution 4.0 International License (CC BY). Articles may be reproduced provided that credit is given to the original andPolitics and Governance is acknowledged as the original venue of publication. Table of Contents Introduction to “Out of the Shadows, Into the Limelight: Parliaments and Politicisation” Christine Neuhold and Guri Rosén 220–226 Conceptualizing the Parliamentarization and Politicization of European Policies Niels Gheyle 227–236 The European Parliament and the Layered Politicization of the External Dimension of the Common Fisheries Policy Hubert Zimmermann 237–247 Eurosceptics into the Limelight? Eurosceptic Parliamentary Actors and Media Bias in EU Affairs Katrin Auel 248–265 Proving Their Worth? The Transatlantic Trade and Investment Partnership and the Members of the European Parliament Guri Rosén 266–278 Brexit under Scrutiny in -
Privacy on the Internet: the Vole Ving Legal Landscape Debra A
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Santa Clara University School of Law Santa Clara High Technology Law Journal Volume 16 | Issue 2 Article 10 January 2000 Privacy on the Internet: The volE ving Legal Landscape Debra A. Valentine Follow this and additional works at: http://digitalcommons.law.scu.edu/chtlj Part of the Law Commons Recommended Citation Debra A. Valentine, Privacy on the Internet: The Evolving Legal Landscape , 16 Santa Clara High Tech. L.J. 401 (2000). Available at: http://digitalcommons.law.scu.edu/chtlj/vol16/iss2/10 This Symposium is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara High Technology Law Journal by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. PRIVACY ON THE INTERNET: THE EVOLVING LEGAL LANDSCAPE Prepared Remarks of Debra A. Valentinet TABLE OF CONTENTS I. Introduction ................................................................................ 401 II. Privacy on the Internet-The Evolving Legal Landscape ............. 403 A. Federal Trade Commission Act and Informational Privacy ........... 404 B. Other Federal Statutes and Informational Privacy ......................... 408 C. Federal Intemet-Law ................................................................... 410 III. Current Federal Policy on Internet Privacy .................................. 412 IV. The U.S. Approach -
EU Member State Constitutional Identity: a Comparison of Germany and the Netherlands As Polar Opposites
EU Member State Constitutional Identity: A Comparison of Germany and the Netherlands as Polar Opposites Gerhard van der Schyff* Abstract 167 I. Setting the Scene 168 II. Constitutional Identity Clarified 168 III. German Constitutional Identity Explored 170 1. Affirming the “Total” Constitution 170 2. Enter State-Based Democracy 172 3. Emphasizing National Sovereignty 173 IV. Dutch Constitutional Identity Explored 176 1. A “Modest” Constitution 176 2. Emphasis on Democracy 178 3. An “Open” Constitution 181 V. Germany and the Netherlands Evaluated 182 VI. On “Total” and “Modest” Constitutions 190 Abstract The purpose of this paper is to compare, in the light of European integra- tion, the concept of constitutional identity as it applies in Germany and the Netherlands as two EU Member States. Comparing Germany and the Netherlands not only allows for these polar opposites to be defined, but also evaluated. The benefits and drawbacks of expressing national constitu- tional identity will be considered, as well as ideas developed on how the concept is to be approached in the context of European integration. * Associate Professor, Department of Public Law, Jurisprudence and Legal History at the Law School of Tilburg University in the Netherlands. This contribution was written as part of the author’s research stay as a Humboldt Fellow in 2015 at the Chair for Public and Euro- pean Law of Professor Christian Calliess at the Law Faculty of the Free University of Berlin in Germany. All views expressed are those of the author. ZaöRV 76 (2016), 167-191 http://www.zaoerv.de © 2016, Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht 168 van der Schyff I. -
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. -
What Data Is Best Kept Private and Why?
What data is best kept private and why? Hi, My name is Catherine Gicheru. I am an ICFJ Knight Fellow and the Director of the African Women Journalism Project, an initiative that works to support, train and mentor women journalists in Africa in covering underreported communities and issues. Last week Arzu Geybulla took you through what online harassment looks like, how to look after your emotional wellbeing and shared resources for psychosocial support. This week, l will be telling you about online privacy...what is it and why it's important. You will learn what information you should or shouldn't share online and how the information you share online can make you vulnerable to online attacks and targeted by bad actors. We shall also share some practical tips on what you can do to protect your privacy online. This week in addition to the videos there will be additional reading materials. I encourage you all to participate in the discussions that we shall be having throughout the week. Thank you for joining me and I look forward to working with you to better understand Online Privacy. I would like to start this second module by quickly talking about how the internet works so that you can better understand what data you share knowingly or unknowingly, and why some information should be kept private. There’s a lot of technical explanations of how the internet works, but the simplest explanation is this, the Internet is a vast, sprawling collection of networks that connect to each other. In fact, the word “Internet” comes from this concept: interconnected networks. -
1 Before the U.S. COPYRIGHT OFFICE, LIBRARY of CONGRESS
Before the U.S. COPYRIGHT OFFICE, LIBRARY OF CONGRESS In the Matter of Section 512 Study Docket No. 2015-7 Additional Comments of Electronic Frontier Foundation February 21, 2017 Submitted by: Corynne McSherry Mitch Stoltz Kerry Maeve Sheehan1 Electronic Frontier Foundation 815 Eddy Street San Francisco, CA 94109 Telephone: (415) 436-9333 [email protected] The Electronic Frontier Foundation (EFF) appreciates the Copyright Office’s efforts to consider the impact of section 512 of the Digital Millennium Copyright Act. EFF is a member-supported, nonprofit, public interest organization dedicated to ensuring that copyright law advances the progress of science and the arts and enhances freedom of expression. Founded in 1990, EFF represents tens of thousands of dues-paying members, including consumers, hobbyists, computer programmers, entrepreneurs, students, teachers, and researchers, who are united in their desire for a balanced copyright system that provides adequate incentives for creators, facilitates innovation, and ensures broad access to information in the digital age. EFF has been involved, as amicus or party counsel, in numerous court cases interpreting section 512, including Lenz v Universal, Lessig v. Liberation Music, MoveOn v. Viacom, Tuteur v. Wesley Corcoran, Sapient v. Geller, SHARK v. PRCA, Viacom v. YouTube, UMG Recordings v. Veoh, and Columbia Pictures v. Fung. We regularly counsel 1 Kerry Maeve Sheehan is not admitted to practice law. 1 individuals who have been targeted by takedown notices pursuant to the DMCA regarding their rights and options. We have also represented the interests of users and innovators on multiple formal and informal public processes assessing the notice and takedown system, in the United States and abroad. -
Is the Market for Digital Privacy a Failure?1
Is the Market for Digital Privacy a Failure?1 Caleb S. Fuller2 Abstract Why do many digital firms rely on collecting consumer information–a practice that survey evidence shows is widely disliked? Why don’t they, instead, charge a fee that would protect privacy? This paper empirically adjudicates between two competing hypotheses. The first holds that firms pursue this strategy because consumers are ill-informed and thus susceptible to exploitation. The second holds that this strategy reasonably approximates consumer preferences. By means of survey, I test a.) the extent of information asymmetry in digital markets, b.) consumers’ valuation of privacy, and c.) whether government failure contributes to consumer mistrust of information collection. My results indicate that a.) the extent of information asymmetry is minimal, b.) there is significant divergence between “notional” and “real” demand for privacy and c.) that government contributes to consumer distrust of information collection by private firms. Significantly, almost 82% of Google users are unwilling to pay anything for increased digital privacy. JEL-Classification: D23, K29, Z18 Keywords: privacy paradox, digital privacy, survey, market failure 1 I wish to thank Alessandro Acquisti, Peter Leeson, Chris Coyne, Peter Boettke, David Lucas, Noah Gould, and Nicholas Freiling for helpful suggestions. All errors are my own. I am also indebted to the Mercatus Center for providing funding for the survey conducted by Haven Insights LLC. 2 Assistant professor of economics, Grove City College, Email: 1 INTRODUCTION Google’s motto is “Don’t Be Evil.” But the fact that the company surreptitiously collects the information of over one billion individuals annually leads some to question whether the firm’s business model runs afoul of its dictum (Hoofnagle 2009). -
Principles of Internet Privacy
Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 2000 Principles of Internet Privacy Fred H. Cate Indiana University Maurer School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Computer Law Commons, and the Law and Society Commons Recommended Citation Cate, Fred H., "Principles of Internet Privacy" (2000). Articles by Maurer Faculty. 243. https://www.repository.law.indiana.edu/facpub/243 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Principles of Internet Privacy FRED H. CATE* I. INTRODUCTION Paul Schwartz's InternetPrivacy and the State makes an important and original contribution to the privacy debate that is currently raging by be- ginning the process of framing a new and more useful understanding of what "privacy" is and why and how it should be protected.' The definition developed by Brandeis, Warren,2 and Prosser,3 and effectively codified by Alan Westin in 1967---"the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others"---worked well in a world in which most privacy concerns involved physical intrusions (usually by the government) or public disclosures (usually by the media), which, by their very nature, were comparatively rare and usually discovered. -
European Union
European Union Analysis of the Data Retention Directive July 2013 Centre for Law and Democracy [email protected] +1 902 431-3688 www.law-democracy.org European Union: Data Retention Directive Introduction In 2006, the European Parliament passed Directive 2006/24/EC (the Data Retention Directive), in part in response to the security crisis provoked by terrorist attacks in Madrid in 2004 and in London in 2005. The Directive introduced blanket telecommunications surveillance measures with important implications for the right to freedom of expression. Specifically, European Union Member States are obliged to transpose the Directive into national law, including through provisions which compel “providers of publicly available electronic communications services or of a public communications network” (service providers) to retain the traffic and location data of all users’ telephone and Internet communications for between six months and two years. The Directive has come in for widespread criticism from human rights organisations, telecom associations, IT security firms, journalists, healthcare professionals and legal experts on the basis that it violates the right to privacy and that it is costly, cumbersome and unnecessary. According to a report by the European Commission, only 9 of 27 Member States had explicitly endorsed the Directive as a necessary security measure some five years after it was first adopted.1 Meanwhile, courts in Austria, Bulgaria, Cyprus, the Czech Republic, Germany, Ireland and Romania have rejected the Directive as unconstitutional and/or referred the matter to European Court of Justice on the basis that it violates fundamental rights. At the same time, the European Commission has taken measures against countries which have failed to transpose the directive and, on 30 May 2013, Sweden was fined 3 million Euros for failing to implement the Directive until 2012.2 Pursuant to Article 1 of the Directive, service providers must be required to retain the traffic and location data of all registered users. -
Internet Privacy and the State
UC Berkeley UC Berkeley Previously Published Works Title Internet Privacy and the State Permalink https://escholarship.org/uc/item/37x3z12g Author Schwartz, Paul M Publication Date 2021-06-27 Peer reviewed eScholarship.org Powered by the California Digital Library University of California Berkeley Law Berkeley Law Scholarship Repository Faculty Scholarship 1-1-1999 Internet Privacy and the State Paul M. Schwartz Berkeley Law Follow this and additional works at: http://scholarship.law.berkeley.edu/facpubs Part of the Law Commons Recommended Citation Paul M. Schwartz, Internet Privacy and the State, 32 Conn. L. Rev. 815 (1999), Available at: http://scholarship.law.berkeley.edu/facpubs/766 This Article is brought to you for free and open access by Berkeley Law Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact [email protected]. Interet Privacy and the State PAUL M. SCHWARTZ" INTRODUCTION "Of course you are right about Privacy and Public Opinion. All law is a dead letter without public opinion behind it. But law and public opinion in-1 teract-and they are both capable of being made." Millions of people now engage in daily activities on the Internet, and under current technical configurations, this behavior generates finely grained personal data. In the absence of effective limits, legal or other- wise, on the collection and use of personal information on the Internet, a new structure of power over individuals is emerging. This state of affairs has significant implications for democracy in the United States, and, not surprisingly, has stimulated renewed interest in information privacy? Yet, the ensuing debate about Internet privacy has employed a deeply flawed rhetoric. -
Privacy-Enhancing Technologies for the Internet
Privacy-enhancing technologies for the Internet Ian Goldberg David Wagner Eric Brewer University of California, Berkeley iang,daw,brewer ¡ @cs.berkeley.edu Abstract ing privacy issues on the Internet, and Section 3 provides some relevant background. We then discuss Internet pri- The increased use of the Internet for everyday activi- vacy technology chronologically, in three parts: Section 4 ties is bringing new threats to personal privacy. This pa- describes the technology of yesterday, Section 5 explains per gives an overview of existing and potential privacy- today’s technology, and Section 6 explores the technology enhancing technologies for the Internet, as well as moti- of tomorrow. Finally, we conclude in Section 7. vation and challenges for future work in this field. 2. Motivation 1. Introduction The threats to one’s privacy on the Internet are two-fold: your online actions could be (1) monitored by unauthorized Recently the Internet has seen tremendous growth, with parties and (2) logged and preserved for future access many the ranks of new users swelling at ever-increasing rates. years later. You might not realize that your personal infor- This expansion has catapulted it from the realm of academic mation has been monitored, logged, and subsequently dis- research towards new-found mainstream acceptance and in- closed; those who would compromise your privacy have no creased social relevance for the everyday individual. Yet incentive to warn you. this suddenly increased reliance on the Internet has the po- The threat of long-term storage and eventual disclosure tential to erode personal privacies we once took for granted. of personal information is especially acute on the Internet.