The Advent of Surveillance Realism: Public Opinion and Activist Responses to the Snowden Leaks
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Debunking Media Hype
feb. 27, 2015 LYST THE CATATHE INDEPENDENT STUDENT NEWSPAPER OF COLORADO COLLEGE NEWS 2 Opinion 7 SPORTS 9 LIFE 13 FRIDAY WEEK 2 BLOCK 6 EDWARD WOMEN’S DENVER COMEDIAN LACROSSE TO PERFORM AT VOL. 45 SNOWDEN NO. 16 AND AMERICA GETS TOUGH IVYWILD AND GRITTY IN CATALYSTNEWSPAPER.COM MORE: Page 7 SEASON OPENERS MORE: Illustration by Kyle Kallman. Photo courtesy of CC Athletics. Page 9 Photo courtesy of Adam Cayton-Holland. MORE: Page 13 Famed CC student band, Funkdozer, sits down with Jack Burger to discuss BDSM: their best memories as a band, favorite music, and DEBUNKING upcoming shows. MEDIA HYPE MORE: Page 5 FIFTY SHADES: Page 6 INSIDE: The race for Student Trustee ended 280-289 in favor of James Lonergan. Lonergan will step up to the position of Student Trustee with plans for involvement and open communication in hopes of Photo by Richard Forbes. bettering student relations with the Board of Trustees. Student Divestment Committee appeals to Board of Trustees for endowment ANNA KELLY Staff Writer collects donations from alumni that other tactics. MORE: Page 13 are contingent on the Board’s divest- “We have tried to come at this This morning, the Student Divest- ment by 2016. problem from all angles,” said Ben ment Committee (SDC) will ask the Criswell, a junior student leader for Board of Trustees to reconsider di- subject has been brought to the the SDC. “So now we’re trying to talk vesting from fossil fuels. The group board,This butis not this the time �irst the time SDC isthat bring- the in dollars and cents with this initia- INSIDE: will present their most recent stra- ing a carrot instead of a stick. -
Uma Análise Da Espionagem Americana E Do Conflito Privacidade-Segurança
/ UNIVERSIDADE ESTADUAL DA PARAÍBA CAMPUS I – CAMPINA GRANDE CENTRO DE CIÊNCIAS JURÍDICAS CURSO DE BACHARELADO EM DIREITO CHARMÊNIA GOMES DE MELO SOBERANIA E DIREITOS HUMANOS NA ERA DIGITAL: uma análise da espionagem americana e do conflito privacidade-segurança CAMPINA GRANDE – PB 2014 CHARMÊNIA GOMES DE MELO SOBERANIA E DIREITOS HUMANOS NA ERA DIGITAL: uma análise da espionagem americana e o conflito privacidade-segurança Trabalho de Conclusão de Curso apresentado ao Curso de Bacharelado em Direito da Universidade Estadual da Paraíba, em cumprimento à exigência para obtenção do grau de Bacharel em Direito. Orientadora: Ms. Milena Barbosa de Melo CAMPINA GRANDE – PB 2014 SOBERANIA E DIREITOS HUMANOS NA ERA DIGITAL: uma análise da espionagem americana e o conflito privacidade-segurança DE MELO, Charmênia Gomes1 RESUMO Percebendo a era digital em que vivemos, este artigo científico tem como escopo, a partir da análise do programa de espionagem americano, refletir sobre o conflito privacidade-segurança, a fim de que se verifiquem as consequências de tal conflito no que concerne à soberania dos países e aos direitos humanos. Inicialmente traça a compreensão do escândalo de espionagem americana, descrevendo-o e elencando fatos importantes para discussão, além disso, apresenta a legislação norte-americana que serve de sustentáculo à espionagem e mostra um breve comparativo tanto de delatores de espionagem governamental estadunidense, como de presidentes que se destacaram por tal prática. Em seguida, discorre sobre o que seja soberania, caracterizando-a como um elemento do Estado, bem como uma característica de governo e direito dos países. Compreendeu-se o conflito do direito a soberania e liberdade frente ao direito de conservação e defesa, tendo como norte o atual programa de espionagem americano, caracterizado a partir da compreensão de como se desenvolve a ciberespionagem e a espionagem econômica. -
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. -
From the Baffler No. 23, 2013]
Facebook Feminism, Like It or Not SUSAN FALUDI [from The Baffler No. 23, 2013] The congregation swooned as she bounded on stage, the prophet sealskin sleek in her black skinny ankle pants and black ballet flats, a lavalier microphone clipped to the V-neck of her black button-down sweater. ―All right!! Let‘s go!!‖ she exclaimed, throwing out her arms and pacing the platform before inspirational graphics of glossy young businesswomen in managerial action poses. ―Super excited to have all of you here!!‖ ―Whoo!!‖ the young women in the audience replied. The camera, which was livestreaming the event in the Menlo Park, California, auditorium to college campuses worldwide, panned the rows of well-heeled Stanford University econ majors and MBA candidates. Some clutched copies of the day‘s hymnal: the speaker‘s new book, which promised to dismantle ―internal obstacles‖ preventing them from ―acquiring power.‖ The atmosphere was TED-Talk-cum-tent-revival-cum- Mary-Kay-cosmetics-convention. The salvation these adherents sought on this April day in 2013 was admittance to the pearly gates of the corporate corner office. ―Stand up,‖ the prophet instructed, ―if you‘ve ever said out loud, to another human being—and you have to have said it out loud—‗I am going to be the number one person in my field. I will be the CEO of a major company. I will be governor. I will be the number one person in my field.‘‖ A small, although not inconsiderable, percentage of the young women rose to their feet. The speaker consoled those still seated; she, too, had once been one of them. -
Summary of U.S. Foreign Intelligence Surveillance Law, Practice, Remedies, and Oversight
___________________________ SUMMARY OF U.S. FOREIGN INTELLIGENCE SURVEILLANCE LAW, PRACTICE, REMEDIES, AND OVERSIGHT ASHLEY GORSKI AMERICAN CIVIL LIBERTIES UNION FOUNDATION AUGUST 30, 2018 _________________________________ TABLE OF CONTENTS QUALIFICATIONS AS AN EXPERT ............................................................................................. iii INTRODUCTION ......................................................................................................................... 1 I. U.S. Surveillance Law and Practice ................................................................................... 2 A. Legal Framework ......................................................................................................... 3 1. Presidential Power to Conduct Foreign Intelligence Surveillance ....................... 3 2. The Expansion of U.S. Government Surveillance .................................................. 4 B. The Foreign Intelligence Surveillance Act of 1978 ..................................................... 5 1. Traditional FISA: Individual Orders ..................................................................... 6 2. Bulk Searches Under Traditional FISA ................................................................. 7 C. Section 702 of the Foreign Intelligence Surveillance Act ........................................... 8 D. How The U.S. Government Uses Section 702 in Practice ......................................... 12 1. Data Collection: PRISM and Upstream Surveillance ........................................ -
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. -
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. -
An Exploration of the Conceptual Border Between Mass and Targeted Surveillance
1 An exploration of the conceptual border between mass and targeted surveillance Heidi Mork Lomell, University of Oslo & Norwegian Police University College 1 Abstract In political debate on online surveillance measures in Norway, the conceptual distinction between mass and targeted surveillance is becoming increasingly central. In this paper, I will explore the underlying assumptions and consequences of this particular framing of the debate. Both those that support and those that oppose new online surveillance measures often use this distinction, and they share the assumption that mass surveillance is bad because it targets innocent law-abiding citizens while targeted surveillance is good/better because it targets guilty offenders and/or terrorists. What they normally disagree on is whether the proposed measures entail targeted or mass surveillance. Both sides seem to ignore the inherent problem of this shared assumption, namely that of sorting offenders from law-abiding citizens in the first place. In my paper, I will use insights from criminological research on preventive justice to challenge this conceptual distinction and its underlying assumptions. Extended abstract Introduction My first meeting with the distinction between what is now usually conceptualized as mass surveillance (masseovervåking) and targeted surveillance (målrettet overvåking) in Norway, was in 2007, when the then head of the Norwegian police security service (PST), Jørn Holme, in a debate on counter terrorism surveillance measures stated that “We want to use a harpoon, not a trawl bag”.2 He didn’t explain this further but assumed that the audience understood his message. A harpoon is a long spear-like instrument or weapon used in fishing, whaling, sealing, and other marine hunting to catch large fish or marine mammals. -
Surveillance by Intelligence Services: Services: Intelligence by Surveillance
FREEDOMS FRA Surveillance by intelligence services – Volume II: field perspectives and legal update II: field perspectives – Volume services intelligence by Surveillance Surveillance by intelligence services: fundamental rights safeguards and remedies in the EU Volume II: field perspectives and legal update This report addresses matters related to the respect for private and family life (Article 7), the protection of personal data (Article 8) and the right to an effective remedy and a fair trial (Article 47) falling under Titles II ‘Freedoms’ and VI ‘Justice’ of the Charter of Fundamental Rights of the European Union. Europe Direct is a service to help you find answers to your questions about the European Union Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). Photo (cover & inside): © Shutterstock More information on the European Union is available on the internet (http://europa.eu). Luxembourg: Publications Office of the European Union, 2017 FRA – print: ISBN 978-92-9491-766-9 doi:10.2811/15232 TK-04-17-696-EN-C FRA – web: ISBN 978-92-9491-765-2 doi:10.2811/792946 TK-04-17-696-EN-N © European Union Agency for Fundamental Rights, 2017 Reproduction is authorised provided the source is acknowledged. For any use or reproduction of photos or other material that is not under the European Union Agency for Fundamental Rights copyright, permission must be sought directly from the copyright holders. Printed by Imprimerie Centrale in Luxembourg Neither the European Union Agency for Fundamental Rights nor any person acting on behalf of the European Union Agency for Fundamental Rights is responsible for the use that might be made of the following information. -
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. -
Online Anonymity Islamic State and Surveillance
online anonymity islamic state and surveillance Jamie Bartlett Alex Krasodomski-Jones March 2015 Open Access. Some rights reserved. As the publisher of this work, Demos wants to encourage the circulation of our work as widely as possible while retaining the copyright. We therefore have an open access policy which enables anyone to access our content online without charge. Anyone can download, save, perform or distribute this work in any format, including translation, without written permission. This is subject to the terms of the Demos licence found at the back of this publication. Its main conditions are: . Demos and the author(s) are credited . This summary and the address www.demos.co.uk are displayed . The text is not altered and is used in full . The work is not resold . A copy of the work or link to its use online is sent to Demos. You are welcome to ask for permission to use this work for purposes other than those covered by the licence. Demos gratefully acknowledges the work of Creative Commons in inspiring our approach to copyright. To find out more go to www.creativecommons.org Partners Credits Commissioned by? Published by Demos March 2015 © Demos. Some rights reserved. Third Floor Magdalen House 136 Tooley Street London SE1 2TU [email protected] www.demos.co.uk 2 INTRODUCTION This is a very short discussion paper about the way in which terrorist groups, and specifically Islamic State, use modern encryption systems to evade surveillance. It examines how the risks of online anonymity are weighed against its many social, personal and economic benefits. -
Legal Responses and Countermeasures to National Security Letters
Washington University Journal of Law & Policy Volume 47 Intellectual Property: From Biodiversity to Technical Standards 2015 Legal Responses and Countermeasures to National Security Letters Brett Weinstein Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the National Security Law Commons Recommended Citation Brett Weinstein, Legal Responses and Countermeasures to National Security Letters, 47 WASH. U. J. L. & POL’Y 217 (2015), https://openscholarship.wustl.edu/law_journal_law_policy/vol47/iss1/15 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. Legal Responses and Countermeasures to National Security Letters Brett Weinstein INTRODUCTION In early June of 2013, governmental surveillance suddenly and dramatically entered the public consciousness, prompting a torrent of debate and backlash. The Guardian published a top secret court order requiring Verizon to hand over all telephone call records to the National Security Agency (NSA); the Washington Post disclosed a secret but widespread Internet surveillance program, and months of similar revelations followed, all stemming from leaks by former NSA contractor, Edward Snowden.1 As a result, the public and the press began to question the tools that the government uses for surveillance, including National Security Letters (NSLs), and the relationship between the government and the technology and telecommunications companies that seemingly possess all personal and private information generated in the modern, digital world.2 J.D.