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Media Analysis of Julian Assange's Superseding Indictment
defend.wikileaks.org Media analysis of Julian Assange's superseding indictment The precedent Glenn Greenwald: The indictment of Assange is a blueprint for making journalists into felons The argument offered by both the Trump administration and by some members of the self- styled “resistance” to Trump is, ironically, the same: that Assange isn’t a journalist at all and thus deserves no free press protections. But this claim overlooks the indictment’s real danger and, worse, displays a wholesale ignorance of the First Amendment. Press freedoms belong to everyone, not to a select, privileged group of citizens called “journalists.” Empowering prosecutors to decide who does or doesn’t deserve press protections would restrict “freedom of the press” to a small, cloistered priesthood of privileged citizens designated by the government as “journalists.” The First Amendment was written to avoid precisely that danger. Most critically, the U.S. government has now issued a legal document that formally declares that collaborating with government sources to receive and publish classified documents is no longer regarded by the Justice Department as journalism protected by the First Amendment but rather as the felony of espionage, one that can send reporters and their editors to prison for decades. It thus represents, by far, the greatest threat to press freedom in the Trump era, if not the past several decades. … The vast bulk of activities cited by the indictment as criminal are exactly what major U.S. media outlets do on a daily basis. The indictment, for instance, alleges WikiLeaks “encouraged sources” such as Chelsea Manning to obtain and pass on classified information; that the group provided technical advice on how to obtain and transmit that information without detection, and that it then published the classified information stolen by its source. -
How Laura Poitras Helped Snowden Spill His Secrets
How Laura Poitras Helped Snowden Spill His Secrets Documentary filmmaker Laura Poitras in Berlin. By PETER MAASS Published: August 13, 2013 This past January, Laura Poitras received a curious e-mail from an anonymous stranger requesting her public encryption key. For almost two years, Poitras had been working on a documentary about surveillance, and she occasionally received queries from strangers. She replied to this one and sent her public key — allowing him or her to send an encrypted e-mail that only Poitras could open, with her private key — but she didn’t think much would come of it. The stranger responded with instructions for creating an even more secure system to protect their exchanges. Promising sensitive information, the stranger told Poitras to select long pass phrases that could withstand a brute-force attack by networked computers. “Assume that your adversary is capable of a trillion guesses per second,” the stranger wrote. Before long, Poitras received an encrypted message that outlined a number of secret surveillance programs run by the government. She had heard of one of them but not the others. After describing each program, the stranger wrote some version of the phrase, “This I can prove.” 1 From www.nytimes.com/2013/08/18/magazine/laura-poitras-snowden.html?hpw 20 August 2013 Seconds after she decrypted and read the e-mail, Poitras disconnected from the Internet and removed the message from her computer. “I thought, O.K., if this is true, my life just changed,” she told me last month. “It was staggering, what he claimed to know and be able to provide. -
And Jeremy Scahill (USA) Win Human Rights Award
FOR IMMEDIATE RELEASE Contact: Marina Garde February 9, 2016 [email protected] / www.alba-valb.org Tel. 212-674-5398 Fearless, Border-Crossing Journalists Expose Corruption at the Highest Levels: Lydia Cacho (Mexico) and Jeremy Scahill (USA) Win Human Rights Award New York—On Saturday, May 7, 2016, the Abraham Lincoln Brigade Archives (ALBA) will present the ALBA/Puffin Award for Human Rights Activism to journalists Lydia Cacho and Jeremy Scahill. One of the largest monetary awards for human rights in the world, this $100,000 cash prize is granted annually by ALBA and the Puffin Foundation to honor the International Brigades and connect their inspiring legacy with contemporary causes. “Cacho and Scahill both shine as rare examples of investigative journalists who place human rights at the center of their work,” said ALBA board member and 2012 award recipient Kate Doyle. “Their reporting not only affects government policies, but seeks to champion and protect the lives of the world’s most vulnerable citizens. ALBA is proud to honor them.” Working on both sides of the volatile Mexico-United States border, Lydia Cacho and Jeremy Scahill have dedicated their careers to exposing the corruption, violence and abuse of power which go routinely unchallenged in the mainstream media. Cacho’s and Scahill’s work exemplifies the intersections of expository reporting and human rights activism. Their commitment to breaking the most profound silences has prompted investigations into the United States’ shadow wars across the Middle East and Africa as well as Mexican authorities’ use of censorship, torture and corruption. Part of an initiative designed to sustain the legacy of the experiences, aspirations and idealism of the Abraham Lincoln Brigade, the ALBA/Puffin Award for Human Rights Activism supports current international activists and human rights causes. -
Mutual Watching and Resistance to Mass Surveillance After Snowden
Media and Communication (ISSN: 2183-2439) 2015, Volume 3, Issue 3, Pages 12-25 Doi: 10.17645/mac.v3i3.277 Article “Veillant Panoptic Assemblage”: Mutual Watching and Resistance to Mass Surveillance after Snowden Vian Bakir School of Creative Studies and Media, Bangor University, Bangor, LL57 2DG, UK; E-Mail: [email protected] Submitted: 9 April 2015 | In Revised Form: 16 July 2015 | Accepted: 4 August 2015 | Published: 20 October 2015 Abstract The Snowden leaks indicate the extent, nature, and means of contemporary mass digital surveillance of citizens by their intelligence agencies and the role of public oversight mechanisms in holding intelligence agencies to account. As such, they form a rich case study on the interactions of “veillance” (mutual watching) involving citizens, journalists, intelli- gence agencies and corporations. While Surveillance Studies, Intelligence Studies and Journalism Studies have little to say on surveillance of citizens’ data by intelligence agencies (and complicit surveillant corporations), they offer insights into the role of citizens and the press in holding power, and specifically the political-intelligence elite, to account. Atten- tion to such public oversight mechanisms facilitates critical interrogation of issues of surveillant power, resistance and intelligence accountability. It directs attention to the veillant panoptic assemblage (an arrangement of profoundly une- qual mutual watching, where citizens’ watching of self and others is, through corporate channels of data flow, fed back into state surveillance of citizens). Finally, it enables evaluation of post-Snowden steps taken towards achieving an equiveillant panoptic assemblage (where, alongside state and corporate surveillance of citizens, the intelligence-power elite, to ensure its accountability, faces robust scrutiny and action from wider civil society). -
Re Joinder Submitted by the Republic of Uganda
INTERNATIONAL COURT OF JUSTICE CASE CONCERNING ARMED ACTIVITIES ON THE TERRITORY OF THE CONGO DEMOCRATIC REPUBLIC OF THE CONGO v. UGANDA REJOINDER SUBMITTED BY THE REPUBLIC OF UGANDA VOLUME 1 6 DECEMBER 2002 TABLE OF CONTENTS Page INTRODUCTION .................................................................... 1 CHAPTER 1 : THE PERSISTENT ANOMALIES IN THE REPLY CONCERNING MATTERS OF PROCEDURE AND EVIDENCE ............................................... 10 A. The Continuing Confusion Relating To Liability (Merits) And Quantum (Compensation) ...................... 10 B. Uganda Reaffirms Her Position That The Court Lacks Coinpetence To Deal With The Events In Kisangani In June 2000 ................................................ 1 1 C. The Courl:'~Finding On The Third Counter-Claim ..... 13 D. The Alleged Admissions By Uganda ........................... 15 E. The Appropriate Standard Of Proof ............................. 15 CHAPTER II: REAFFIRMATION OF UGANDA'S NECESSITY TO ACT IN SELF- DEFENCE ................................................. 2 1 A. The DRC's Admissions Regarding The Threat To Uganda's Security Posed By The ADF ........................ 27 B. The DRC's Admissions Regarding The Threat To Uganda's Security Posed By Sudan ............................. 35 C. The DRC's Admissions Regarding Her Consent To The Presetnce Of Ugandan Troops In Congolese Territory To Address The Threats To Uganda's Security.. ......................................................................4 1 D. The DRC's Failure To Establish That Uganda Intervened -
The Views of the U.S. Left and Right on Whistleblowers Whistleblowers on Right and U.S
The Views of the U.S. Left and Right on Whistleblowers Concerning Government Secrets By Casey McKenzie Submitted to Central European University Department of International Relations and European Studies In partial fulfillment of the requirements for the degree of Master of Arts Supervisor: Professor Erin Kristin Jenne Word Count: 12,868 CEU eTD Collection Budapest Hungary 2014 Abstract The debates on whistleblowers in the United States produce no simple answers and to make thing more confusing there is no simple political left and right wings. The political wings can be further divided into far-left, moderate-left, moderate-right, far-right. To understand the reactions of these political factions, the correct political spectrum must be applied. By using qualitative content analysis of far-left, moderate-left, moderate-right, far-right news sites I demonstrate the debate over whistleblowers belongs along a establishment vs. anti- establishment spectrum. CEU eTD Collection i Acknowledgments I would like to express my fullest gratitude to my supervisor, Erin Kristin Jenne, for the all the help see gave me and without whose guidance I would have been completely lost. And to Danielle who always hit me in the back of the head when I wanted to give up. CEU eTD Collection ii Table of Contents Abstract ....................................................................................................................................... i Acknowledgments..................................................................................................................... -
Report Legal Research Assistance That Can Make a Builds
EUROPEAN DIGITAL RIGHTS A LEGAL ANALYSIS OF BIOMETRIC MASS SURVEILLANCE PRACTICES IN GERMANY, THE NETHERLANDS, AND POLAND By Luca Montag, Rory Mcleod, Lara De Mets, Meghan Gauld, Fraser Rodger, and Mateusz Pełka EDRi - EUROPEAN DIGITAL RIGHTS 2 INDEX About the Edinburgh 1.4.5 ‘Biometric-Ready’ International Justice Cameras 38 Initiative (EIJI) 5 1.4.5.1 The right to dignity 38 Introductory Note 6 1.4.5.2 Structural List of Abbreviations 9 Discrimination 39 1.4.5.3 Proportionality 40 Key Terms 10 2. Fingerprints on Personal Foreword from European Identity Cards 42 Digital Rights (EDRi) 12 2.1 Analysis 43 Introduction to Germany 2.1.1 Human rights country study from EDRi 15 concerns 43 Germany 17 2.1.2 Consent 44 1 Facial Recognition 19 2.1.3 Access Extension 44 1.1 Local Government 19 3. Online Age and Identity 1.1.1 Case Study – ‘Verification’ 46 Cologne 20 3.1 Analysis 47 1.2 Federal Government 22 4. COVID-19 Responses 49 1.3 Biometric Technology 4.1 Analysis 50 Providers in Germany 23 4.2 The Convenience 1.3.1 Hardware 23 of Control 51 1.3.2 Software 25 5. Conclusion 53 1.4 Legal Analysis 31 Introduction to the Netherlands 1.4.1 German Law 31 country study from EDRi 55 1.4.1.1 Scope 31 The Netherlands 57 1.4.1.2 Necessity 33 1. Deployments by Public 1.4.2 EU Law 34 Entities 60 1.4.3 European 1.1. Dutch police and law Convention on enforcement authorities 61 Human Rights 37 1.1.1 CATCH Facial 1.4.4 International Recognition Human Rights Law 37 Surveillance Technology 61 1.1.1.1 CATCH - Legal Analysis 64 EDRi - EUROPEAN DIGITAL RIGHTS 3 1.1.2. -
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. -
The Nsa's Prism Program and the New Eu Privacy Regulation: Why U.S
American University Business Law Review Volume 3 | Issue 2 Article 5 2013 The SN A'S Prism Program And The ewN EU Privacy Regulation: Why U.S. Companies With A Presence In The EU ouldC Be In Trouble Juhi Tariq American University Washington College of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/aublr Part of the International Law Commons, and the Internet Law Commons Recommended Citation Tariq, Juhi "The SAN 'S Prism Program And The eN w EU Privacy Regulation: Why U.S. Companies With A Presence In The EU ouldC Be In Trouble," American University Business Law Review, Vol. 3, No. 2 (2018) . Available at: http://digitalcommons.wcl.american.edu/aublr/vol3/iss2/5 This Note is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Business Law Review by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. NOTE THE NSA'S PRISM PROGRAM AND THE NEW EU PRIVACY REGULATION: WHY U.S. COMPANIES WITH A PRESENCE IN THE EU COULD BE IN TROUBLE JUHI TARIQ* Recent revelations about a clandestine data surveillance program operated by the NSA, Planning Tool for Resource Integration, Synchronization, and Management ("PRISM'), and a stringent proposed European Union ("EU") data protection regulation, will place U.S. companies with a businesspresence in EU member states in a problematic juxtaposition. The EU Proposed General Data Protection Regulation stipulates that a company can be fined up to two percent of its global revenue for misuse of users' data and requires the consent of data subjects prior to access. -
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. -
Citizen Snowden
International Journal of Communication 11(2017), 843–857 1932–8036/20170005 Citizen Snowden ENGIN ISIN1 Queen Mary University of London, UK EVELYN RUPPERT Goldsmiths University of London, UK What kind of citizenship has Snowden performed? Apparently, it is not American citizenship because American authorities attempted to try him for treason and he became a stateless fugitive. After requesting political asylum in 21 countries, he was eventually granted temporary asylum in Russia. Neither states nor international organizations recognized his act as an act of citizenship. Did Snowden perform a citizenship that is yet to come? Did he perform an international citizenship? The issue of rights usually recognized in the literature on the debate about Snowden’s act concerns its content such as the practices of states spying on their citizens. This article focuses on the act itself as making digital rights claims that do not yet exist in law. We argue that just as Snowden’s act disrupted surveillance practices that evermore traverse national borders, it also called for digital rights and responsibilities that traverse national legal orders. Keywords: citizenship, performativity, international politics, digital rights I believe in the principle declared at Nüremberg in 1945: “Individuals have international duties which transcend the national obligations of obedience. Therefore individual citizens have the duty to violate domestic laws to prevent crimes against peace and humanity from occurring.” —Edward Snowden, Moscow Declaration2 Engin Isin: [email protected] Evelyn Ruppert: [email protected] Date submitted: 2016–03–29 1 We would like to thank two anonymous reviewers for their two rounds of comments that were incredibly helpful for strengthening our argument.