Global Surveillance of Communicable Diseases
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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. -
A Failure of Intelligence: the Echelon Interception System & the Fundamental Right to Privacy in Europe
Pace International Law Review Volume 14 Issue 2 Fall 2002 Article 7 September 2002 Post-Sept. 11th International Surveillance Activity - A Failure of Intelligence: The Echelon Interception System & the Fundamental Right to Privacy in Europe Kevin J. Lawner Follow this and additional works at: https://digitalcommons.pace.edu/pilr Recommended Citation Kevin J. Lawner, Post-Sept. 11th International Surveillance Activity - A Failure of Intelligence: The Echelon Interception System & the Fundamental Right to Privacy in Europe, 14 Pace Int'l L. Rev. 435 (2002) Available at: https://digitalcommons.pace.edu/pilr/vol14/iss2/7 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. POST-SEPT. 11TH INTERNATIONAL SURVEILLANCE ACTIVITY - A FAILURE OF INTELLIGENCE: THE ECHELON INTERCEPTION SYSTEM & THE FUNDAMENTAL RIGHT TO PRIVACY IN EUROPE Kevin J. Lawner* I. Introduction ....................................... 436 II. Communications Intelligence & the United Kingdom - United States Security Agreement ..... 443 A. September 11th - A Failure of Intelligence .... 446 B. The Three Warning Flags ..................... 449 III. The Echelon Interception System .................. 452 A. The Menwith Hill and Bad Aibling Interception Stations .......................... 452 B. Echelon: The Abuse of Power .................. 454 IV. Anti-Terror Measures in the Wake of September 11th ............................................... 456 V. Surveillance Activity and the Fundamental Right to Privacy in Europe .............................. 460 A. The United Nations International Covenant on Civil and Political Rights and the Charter of Fundamental Rights of the European Union... 464 B. -
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 ........................................ -
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. -
We Only Spy on Foreigners": the Myth of a Universal Right to Privacy and the Practice of Foreign Mass Surveillance
Chicago Journal of International Law Volume 18 Number 2 Article 3 1-1-2018 "We Only Spy on Foreigners": The Myth of a Universal Right to Privacy and the Practice of Foreign Mass Surveillance Asaf Lubin Follow this and additional works at: https://chicagounbound.uchicago.edu/cjil Recommended Citation Lubin, Asaf (2018) ""We Only Spy on Foreigners": The Myth of a Universal Right to Privacy and the Practice of Foreign Mass Surveillance," Chicago Journal of International Law: Vol. 18: No. 2, Article 3. Available at: https://chicagounbound.uchicago.edu/cjil/vol18/iss2/3 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in Chicago Journal of International Law by an authorized editor of Chicago Unbound. For more information, please contact [email protected]. “We Only Spy on Foreigners”: The Myth of a Universal Right to Privacy and the Practice of Foreign Mass Surveillance Asaf Lubin Abstract The digital age brought with it a new epoch in global political life, one neatly coined by Professor Philip Howard as the “pax technica.” In this new world order, government and industry are “tightly bound” in technological and security arrangements that serve to push forward an information and cyber revolution of unparalleled magnitude. While the rise of information technologies tells a miraculous story of triumph over the physical constraints that once shackled mankind, these very technologies are also the cause of grave concern. Intelligence agencies have been recently involved in the exercise of global indiscriminate surveillance, which purports to go beyond their limited territorial jurisdiction and sweep in “the telephone, internet, and location records of whole populations.” Today’s political leaders and corporate elites are increasingly engaged in these kinds of programs of bulk interception, collection, mining, analysis, dissemination, and exploitation of foreign communications data that are easily susceptible to gross abuse and impropriety. -
High Technology, Consumer Privacy, and U.S. National Security
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2015 High Technology, Consumer Privacy, and U.S. National Security Laura K. Donohue Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1457 http://ssrn.com/abstract=2563573 Bus. L. Rev. (forthcoming) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons, Consumer Protection Law Commons, Fourth Amendment Commons, and the National Security Law Commons HIGH TECHNOLOGY, CONSUMER PRIVACY, AND U.S. NATIONAL SECURITY Laura K. Donohue* I. INTRODUCTION Documents released over the past year detailing the National Security Agency’s (“NSA”) telephony metadata collection program and interception of international content under the Foreign Intelligence Surveillance Act (FISA) implicated U.S. high technology companies in government surveillance. 1 The result was an immediate, and detrimental, impact on U.S. corporations, the economy, and U.S. national security. The first Snowden documents, printed on June 5, 2013, revealed that the government had served orders on Verizon, directing the company to turn over telephony metadata under Section 215 of the USA PATRIOT Act.2 The following day, The Guardian published classified slides detailing how the NSA had intercepted international content under Section 702 of the FISA Amendments Act.3 The type of information obtained ranged from E-mail, video and voice chat, videos, photos, and stored data, to Voice over Internet Protocol, file transfers, video conferencing, notifications of target activity, and online social networking.4 The companies involved read like a who’s who of U.S. -
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. -
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. -
Global Surveillance: the Evidence for Echelon
Global Surveillance: The Evidence for Echelon Duncan Campbell This presentation sets out the historical, factual and evidential basis for our knowledge and understanding of highly classified matters concerning the mass global interception and processing of civil and commercial telecommunications. Such understanding is important in underpinning discus- sion of the political and technical interventions that can secure personal and commercial communi- cations and provide data security in the 21st century. Since 1996, there has been increasing global interest in and awareness of the extent of the automated surveillance of global telecommunications systems, primarily but not exclusively by the signals intelligence (sigint) agencies of the United States and its English-speaking allies. Although many thousands of codenames are in use, the technically-informed public now commonly know this system as “Echelon”. Recent information suggests that the original Echelon system came into existence about 1971, and that within the signals intelligence agencies it was (and remains) the commercial communications satellite (COMSAT) collection sub-system of the global communications surveillance system. The existence of the Echelon network was first publicised in the late 1980s, when it underwent an unprec- edented enlargement, including the development of southern hemisphere interception sites. Develop- ment has continued on an ever-increasing basis since 1990. This presentation reports and attempts to and assimilate the best available evidence for the interception and processing capabilities of such systems, together with their implications for personal and commercial privacy and security. It also reviews the legal authority controlling such activities, and such privacy procedures as have been disclosed. A key contemporary issue is whether the techno- logical processes now associated with automated communications intelligence effectively nullify pri- vacy protection safeguards, such as are set out in statutes such as the US Foreign Intelligence Surveil- lance Act (FISA). -
The Emergence of a Global Infrastructure for Mass Registration and Surveillance
International Campaign Against Mass Surveillance THE EMERGENCE OF A GLOBAL INFRASTRUCTURE FOR MASS REGISTRATION AND SURVEILLANCE THE EMERGENCE OF A GLOBAL INFRASTRUCTURE FOR MASS REGISTRATION AND SURVEILLANCE International Campaign Against Mass Surveillance THE EMERGENCE OF A GLOBAL INFRASTRUCTURE FOR MASS REGISTRATION AND SURVEILLANCE Published April 2005 For more information, contact: [email protected] International Campaign Against Mass Surveillance Table of Contents THE ROAD WE ARE HEADING DOWN . 1 Myth #1:We are merely being asked to sacrifice some of our privacy and convenience for greater security. 2 1st SIGNPOST: THE REGISTRATION OF POPULATIONS . 5 1. Mass Detentions of Muslim Immigrants and Registration through NSEERS . 5 2. US-VISIT and the E.U. Visa Information System . 5 a) Biometric Visas . 5 b) Linkage of Biometric Information to a Global Web of Databases . 6 c) U.S. Acquisition of Domestic and Foreign Databases . 6 d) The Template for the Global System of Mass Registration and Surveillance . 8 2nd SIGNPOST: THE CREATION OF A GLOBAL REGISTRATION SYSTEM . 8 1. Biometric Passports . 8 a) Policy Laundering – Referral to ICAO . 9 b) The Model: Carte Blanche . 9 c) RFID Chips . .10 d) Biometric Passports and the Democratic Deficit . .10 e) Flawed Technology and Assumptions . .11 f) Expansion to Other Transportation Systems . .12 g) Institutionalizing “Non-Personhood” . .12 3rd SIGNPOST: THE CREATION OF AN INFRASTRUCTURE FOR THE GLOBAL SURVEILLANCE OF MOVEMENT . .12 1. U.S. Demands for Sharing Passenger Name Records . .12 2. The Deals Made . .13 3. PNR and the Democratic Deficit – Another Referral to ICAO . .13 4. Expansion to Other Transportation Systems . .14 Myth #2: These initiatives facilitate travel. -
US Technology Companies and State Surveillance in the Post-Snowden Context: Between Cooperation and Resistance Félix Tréguer
US Technology Companies and State Surveillance in the Post-Snowden Context: Between Cooperation and Resistance Félix Tréguer To cite this version: Félix Tréguer. US Technology Companies and State Surveillance in the Post-Snowden Context: Be- tween Cooperation and Resistance. [Research Report] CERI. 2018. halshs-01865140 HAL Id: halshs-01865140 https://halshs.archives-ouvertes.fr/halshs-01865140 Submitted on 30 Aug 2018 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Distributed under a Creative Commons Attribution| 4.0 International License UTIC Deliverable 5 US Technology Companies and State Surveillance in the Post-Snowden Context: Between Cooperation and Resistance Author: Félix Tréguer (CERI-SciencesPo) 1 tech Executive Summary This deliverable looks at the growing hybridization between public and private actors in the field of communications surveillance for national security purposes. Focusing on US-based multinationals dominating the digital economy globally which became embroiled in the post-Snowden debates (companies like Google, Apple, Facebook, Microsoft, Yahoo), the report aims at understanding the impact of the Snowden scandal on the strategies of these companies in relation to state Internet surveillance. To that end, the report identifies seven factors that are likely to influence the stance of a given company and its evolution depending on the changing context and constraints that it faces across time and space. -
Echelon: the National Security Agency's Compliance with Applicable Legal Guidelines in Light of the Need for Tighter National Security
ECHELON: THE NATIONAL SECURITY AGENCY'S COMPLIANCE WITH APPLICABLE LEGAL GUIDELINES IN LIGHT OF THE NEED FOR TIGHTER NATIONAL SECURITY Erin L. Brown I. INTRODUCTION LON is whether this global communications inter- ceptor infringes upon the Fourth Amendment's Article II of the ConstitutionI broadly states guarantees of protection from unreasonable 7 that the President has the fundamental duty to search and seizure. preserve, protect and defend the Constitution of This issue now must be analyzed in light of the the United States. In United States v. United States World Trade Center and Pentagon tragedies of District Court,2 Justice Powell elaborated on Article September 11, 2001.8 These tragic events have led II by stating, "Implicit in that duty is the power to Americans to reevaluate the debate between pri- protect our Government against those who would vacy and national security in a new context. Gone subvert or overthrow it by unlawful means."3 The are the days when "Big Brother" was the only con- United States is the most powerful country in the cern that Americans had in regard to the govern- world, and it arguably has the most enemies. The ment's use of electronic surveillance. Americans National Security Agency ("NSA"), in upholding are now faced with questions that will substantially the provisions of Article II, operates intelligence gathering systems that protect our nation from its affect the manner in which they view their funda- mental constitutional rights. Americans must ask enemies. 4 In carrying out this duty, the NSA must government surveillance constantly monitor communications to and from if they will tolerate ECHE- the United States, while remaining cognizant of through the use of technologies, such as the constitutional protections granted to its citi- LON, used in the hopes of detecting, preventing zens.