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Table of Contents Acknowledgements
The Data Privacy/National Security Balancing Paradigm as Applied In The U.S.A. and Europe: Achieving an Acceptable Balance Paul Raphael Murray, B.A. H.Dip in Ed. LL.B. LL.M Ph.D. (NUI) Submitted for the Degree of Doctor in Philosophy at Trinity College, Dublin School of Law August 2017 Declaration and Online Access I declare that this thesis has not been submitted as an exercise for a degree at this or any other university and it is entirely my own work. I agree to deposit this thesis in the University’s open access institutional repository or allow the library to do so on my behalf, subject to Irish Copyright Legislation and Trinity College Library conditions of use and acknowledgement. Paul Raphael Murray Acknowledgements I would like to record my thanks to my Supervisor, Professor Neville Cox, School of Law, and Dean of Graduate Studies, Trinity College, Dublin, for his help and guidance. i ii Abstract The Data Privacy/National Security Balancing Paradigm as Applied In The U.S.A. and Europe: Achieving an Acceptable Balance Paul Raphael Murray The overall research question addressed in this thesis is the data privacy/national security balancing paradigm, and the contrasting ways in which this operates in Europe and the U.S. Within this framework, the influences causing the balance to shift in one direction or another are examined: for example, the terrorist attacks on two U.S. cities in 2001 and in various countries in Europe in the opening decade of the new millennium, and the revelations by Edward Snowden in 2013 of the details of U.S. -
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 -
The NSA Is on the Line -- All of Them
The NSA is on the line -- all of them An intelligence expert predicts we'll soon learn that cellphone and Internet companies also cooperated with the National Security Agency to eavesdrop on us. By Kim Zetter, Salon.com May. 15, 2006 | When intelligence historian those safeguards had little effect in preventing Matthew Aid read the USA Today story last at least three telecommunications companies Thursday about how the National Security from repeating history. Agency was collecting millions of phone call records from AT&T, Bell South and Verizon for Aid, who co-edited a book in 2001 on signals a widespread domestic surveillance program intelligence during the Cold War, spent a designed to root out possible terrorist activity in decade conducting more than 300 interviews the United States, he had to wonder whether with former and current NSA employees for his the date on the newspaper wasn't 1976 instead new history of the agency, the first volume of of 2006. which will be published next year. Jeffrey Richelson, a senior fellow at the National Aid, a visiting fellow at George Washington Security Archive, calls Aid the top authority on University's National Security Archive, who has the NSA, alongside author James Bamford. just completed the first book of a three-volume history of the NSA, knew the nation's Aid spoke with Salon about how the NSA has bicentennial marked the year when secrets learned to maneuver around Congress and the surrounding another NSA domestic Department of Justice to get what it wants. He surveillance program, code-named Project compared the agency's current data mining to Shamrock, were exposed. -
A Reference Guide to Selected Historical Documents Relating to the National Security Agency/Central Security Service (NSA/CSS) 1931-1985
Description of document: A Reference Guide to Selected Historical Documents Relating to the National Security Agency/Central Security Service (NSA/CSS) 1931-1985 Requested date: 15-June-2009 Released date: 03-February-2010 Posted date: 15-February-2010 Source of document: National Security Agency Attn: FOIA/PA Office (DJP4) 9800 Savage Road, Suite 6248 Ft. George G. Meade, MD 20755-6248 Fax: 443-479-3612 Online form: Here The governmentattic.org web site (“the site”) is noncommercial and free to the public. The site and materials made available on the site, such as this file, are for reference only. The governmentattic.org web site and its principals have made every effort to make this information as complete and as accurate as possible, however, there may be mistakes and omissions, both typographical and in content. The governmentattic.org web site and its principals shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information provided on the governmentattic.org web site or in this file. The public records published on the site were obtained from government agencies using proper legal channels. Each document is identified as to the source. Any concerns about the contents of the site should be directed to the agency originating the document in question. GovernmentAttic.org is not responsible for the contents of documents published on the website. A REFERENCE GUIDE TO SELECTED HISTORICAL DOCUMENTS RELATING TO THE NATIONAL SECURITY AGENCY/CENTRAL SECURITY SERVICE 1931-1985 (U) SOURCE DOCUMENTS IN Compiled by: CRYPTOLOGIC HISTORY Gerald K. -
NSA) Surveillance Programmes (PRISM) and Foreign Intelligence Surveillance Act (FISA) Activities and Their Impact on EU Citizens' Fundamental Rights
DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS The US National Security Agency (NSA) surveillance programmes (PRISM) and Foreign Intelligence Surveillance Act (FISA) activities and their impact on EU citizens' fundamental rights NOTE Abstract In light of the recent PRISM-related revelations, this briefing note analyzes the impact of US surveillance programmes on European citizens’ rights. The note explores the scope of surveillance that can be carried out under the US FISA Amendment Act 2008, and related practices of the US authorities which have very strong implications for EU data sovereignty and the protection of European citizens’ rights. PE xxx.xxx EN AUTHOR(S) Mr Caspar BOWDEN (Independent Privacy Researcher) Introduction by Prof. Didier BIGO (King’s College London / Director of the Centre d’Etudes sur les Conflits, Liberté et Sécurité – CCLS, Paris, France). Copy-Editing: Dr. Amandine SCHERRER (Centre d’Etudes sur les Conflits, Liberté et Sécurité – CCLS, Paris, France) Bibliographical assistance : Wendy Grossman RESPONSIBLE ADMINISTRATOR Mr Alessandro DAVOLI Policy Department Citizens' Rights and Constitutional Affairs European Parliament B-1047 Brussels E-mail: [email protected] LINGUISTIC VERSIONS Original: EN ABOUT THE EDITOR To contact the Policy Department or to subscribe to its monthly newsletter please write to: [email protected] Manuscript completed in MMMMM 200X. Brussels, © European Parliament, 200X. This document is available on the Internet at: http://www.europarl.europa.eu/studies DISCLAIMER The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. -
Big Data and Sexual Surveillance
APC ISSUE PAPERS BIG DATA AND SEXUAL SURVEILLANCE By Nicole Shephard KEYWORDS: surveillance, gender, sexuality, race, big data, LGBTIQ, women human rights defenders, privacy, anonymity, consent of surveillance. In addition to exposing and addressing SUMMARY algorithmic discriminations, feminist data practices oppose the non-consensual collection of data, amplify participatory urveillance has historically functioned as an op- data projects that empower women and sexual minorities, pressive tool to control women’s bodies and is and protect the data, privacy and anonymity of activists and closely related to colonial modes of managing the communities they work with. populations. Big data, metadata and the tech- nologies used to collect, store and analyse them are by no means neutral, but come with their own exclusions and biases. This paper highlights the gendered and racialised effects of data practices; outlines the overlap- MAIN CONCEPTS ping nature of state, commercial and peer surveillance; and maps the challenges and opportunities women and queers Big data: Vast datasets containing social media data, encounter on the nexus between data, surveillance, gen- machine data or transactional data that can be analysed der and sexuality. Vulnerable communities as well as sexual computationally to reveal patterns, trends and predic- rights activists are at heightened risk of data-driven modes tions about human behaviour and social life. Dr Nicole Shephard is an independent researcher and writer working on the intersections between gender, sexuality and technology. She holds a PhD in Gender (LSE) and an MSc in International Development (University of Bristol). 2 / ISSUE PAPERS Metadata: Information describing other data; in the context surveillance practices in the private as well as in the of email, telephone calls or instant messaging, metadata public sphere.6 includes the sender, receiver, devices, locations, service provid- • Big data is generated in many places – social media, global ers, IP addresses, time, length or size of a message. -
Intelligence Ethics: an Uncompleted Project
1 Intelligence Ethics: An Uncompleted Project Michael Andregg, University of St. Thomas in St. Paul, MN, USA, [email protected] for the 2018 ISA Conference in San Francisco, TB-57, April 5, 2018, 10:30 am – 12:15 pm [submitted to INASIS in Brazil but no news back] abstract d-7 The International Studies Association (ISA) helped to develop a very slowly emerging sub-field called intelligence ethics. ISA’s Intelligence Studies Section has been a venue for many efforts to develop literature on ethics for spies. For one example, we hosted three panels with 18 papers on that topic in 2007, contributing to a reader on intelligence ethics that was used by the CIA and DIA for a while. 1 Dr. Jan Goldman of the NIU, FBI and other positions, also presented papers at ISA, and edited the “Scarecrow Professional Intelligence Education Series” that published 13 books, three focused on ethics for intelligence professionals. He started an international ethics association, and a peer-reviewed journal. 2 However, this worthy effort to professionalize intelligence education with an ethical dimension was and remains greatly slowed by something Dr. Goldman labeled “ethics phobia” among the bureaucracies. The association is now dormant and the journal’s last print edition was in 2013. Senior executive Brian Snow also tried at NSA, where a team of colleagues created a model code of ethics for collectors that did not gain traction for similar reasons. Individual and institutional concerns result in a “fear” of ethics among many three-letter US-IC agencies. 3 What agencies fear, practitioners avoid because children need feeding and pensions have meaning. -
Information Awareness Office
Article Talk Read Edit View history Search Wikipedia Wiki Loves Monuments: Photograph a monument, help Wikipedia and win! Learn more Main page Contents Featured content Information Awareness Office Current events From Wikipedia, the free encyclopedia Random article Donate to Wikipedia The Information Awareness Wikipedia store Office (IAO) was established by the Interaction United States Defense Advanced Help Research Projects Agency About Wikipedia (DARPA) in January 2002 to bring Community portal together several DARPA projects Recent changes focused on applying surveillance Contact page and information technology to track Tools and monitor terrorists and other What links here asymmetric threats to U.S. national Related changes security by achieving "Total Upload file Information Awareness" Special pages (TIA).[4][5][6] Permanent link [1][2] Page information This was achieved by creating Information Awareness Office seal (motto: lat. scientia est potentia – knowledge is Wikidata item enormous computer databases to power[3]) Cite this page gather and store the personal information of everyone in the Print/export Part of a series on United States, including personal e- Create a book Global surveillance Download as PDF mails, social networks, credit card Printable version records, phone calls, medical records, and numerous other sources, without Languages any requirement for a search Català warrant.[7] This information was then Disclosures Deutsch Origins · Pre-2013 · 2013–present · Reactions analyzed to look for suspicious Français Systems activities, connections between Italiano XKeyscore · PRISM · ECHELON · Carnivore · [8] Suomi individuals, and "threats". Dishfire · Stone Ghost · Tempora · Frenchelon Svenska Additionally, the program included · Fairview · MYSTIC · DCSN · Edit links funding for biometric surveillance Boundless Informant · Bullrun · Pinwale · Stingray · SORM · RAMPART-A technologies that could identify and Agencies track individuals using surveillance NSA · BND · CNI · ASIO · DGSE · Five Eyes · [8] cameras, and other methods. -
CQR Government Surveillance
Published by CQ Press, an Imprint of SAGE Publications, Inc. www.cqresearcher.com Government Surveillance Is government spying on Americans excessive? ow tightly the government should keep tabs on citizens has long been fiercely debated. But con - cern about surveillance intensified in June after H National Security Agency computer specialist Edward Snowden revealed classified details of agency electronic snooping programs. Civil liberties advocates, lawmakers and others Demonstrators in Berlin, Germany, protest on July 27 also have cited growing unease with other surveillance measures, against the sweeping U.S. electronic surveillance operations revealed in June by National Security including the use of unmanned “drone” aircraft and tiny video Agency computer specialist Edward Snowden (shown on placard). Many Germans were outraged at reports that the super-secret spy agency had collected data cameras. Congress, along with state and local governments, is ex - on German citizens, including emails. pected to take up a variety of bills this fall to protect privacy and increase transparency about government activities. But the Obama I THIS REPORT N administration maintains that internal safeguards — including a THE ISSUES ....................719 S federal civil liberties oversight board created in 2004 — have pre - BACKGROUND ................725 I vented the federal government from becoming “Big Brother.” CHRONOLOGY ................727 D CURRENT SITUATION ........730 E CQ Researcher • Aug. 30, 2013 • www.cqresearcher.com AT ISSUE ........................733 Volume 23, Number 30 • Pages 717-740 OUTLOOK ......................734 RECIPIENT OF SOCIETY OF PROFESSIONAL JOURNALISTS AWARD FOR BIBLIOGRAPHY ................738 EXCELLENCE N AMERICAN BAR ASSOCIATION SILVER GAVEL AWARD THE NEXT STEP ..............739 GOVERNMENT SURVEILLANCE Aug. 30, 2013 THE ISSUES OUTLOOK Volume 23, Number 30 • Is government surveil - More Cameras MANAGING EDITOR: Thomas J. -
Jahrbuch Netzpolitik 2014
Jahrbuch Netzpolitik 2014 Jahrbuch Netzpolitik 2014 netzpolitik.org Hrsg. Markus Beckedahl, Anna Biselli und Andre Meister Jahrbuch Netzpolitik 2014 1. Auflage, Buch, Dezember 2014 Herausgeber: Markus Beckedahl, Anna Biselli und Andre Meister Redaktion: Markus Beckedahl, Anna Biselli und Andre Meister Paul Berschick, Susanne Eiswirt, Justin Hanney, Matthias ‘wetterfrosch’ Mehldau, Nadine Schildhauer Titelbild: Melanie Twele Satz: Anna Biselli Verlag: epubli Berlin ISBN: 978-3-7375-1489-7 (E-Book) ISBN: 978-3-7375-1490-3 (Print) URL: https://netzpolitik.org/jahrbuch-2014/ Alle Beiträge – sofern nicht anders deklariert – stehen unter der Creative Commons „Namensnennung – Weitergabe unter gleichen Bedingungen“-Lizenz 3.0 DE. Jeder darf: • Teilen – das Material in jedwedem Format oder Medium vervielfältigen und weiterverbreiten • Bearbeiten – das Material remixen, verändern und darauf aufbauen und zwar für beliebige Zwecke, auch kommerziell. Unter folgenden Bedingungen: Namensnennung: Es müssen angemessene Urheber- und Rechteangaben gemacht, ein Link zur Lizenz beigefügt und angeben werden, ob Änderungen vorgenommen wurden. Diese Angaben dürfen in jeder angemessenen Art und Weise gemacht wer- den, allerdings nicht so, dass der Eindruck entsteht, der Lizenzgeber unterstütze gerade den Lizenznehmer oder seine Nutzung besonders. Weitergabe unter gleichen Bedingungen: Wenn das Material geremixt, verändert oder anderweitig direkt darauf aufgebaut wird, dürfen die Beiträge nur unter der- selben Lizenz wie das Original verbreitet werden. https://creativecommons.org/licenses/by-sa/3.0/de/ -
How Much Is Too Much?
LINCOLN MEMORIAL UNIVERSITY LAW REVIEW __________________________________ VOLUME 3 FALL 2015 _____________________________________ THE NSA’S EAVESDROPPING OPERATIONS AFTER THE SNOWDEN REVELATIONS: HOW MUCH IS TOO MUCH? JANUARY 2015 SYMPOSIUM TRANSCRIPT James Bamford MR. JACOB BAGGETT: I have the pleasure of introducing Mr. James Bamford as our first speaker. Mr. Bamford is an award-winning journalist in the field of national security. The New York Times calls him the nation's premier journalist on the subject of the NSA. And his most recent book, "The Shadow Factory", which is on sale outside by Union Avenue Books, was named by the Washington Post as one of the best books of the year. And he's here to discuss the transformation of the NSA since September 11th. Please welcome Mr. Bamford. (Applause) MR. JAMES BAMFORD: Thanks very much. It's really great being here. I want to thank Matt Lyon and Melanie Reid, Jacob Baggett, and Lauren Mullins for taking really great care of me. It's really great being here. The fact that this university is named after NSA AFTER SNOWDEN 116 President Lincoln is really quite an honor for me because I've always admired one of the things he's said. And that is the quote he has up here. I think if he had been President about a dozen years ago, we might not have gotten into the war in Iraq. If you read his quote there, "[k]ings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object."1 He was very much against attacking countries without getting congressional approval. -
In a Pivotal Network Operations Center in Metropolitan St. Louis
Case M:06-cv-01791-VRW Document 129 Filed 01/17/2007 Page 1 of 5 http://www.salon.com/news/feature/2006/06/21/att_nsa/print.html To print this page, select "Print" from the File menu of your browser Is the NSA spying on U.S. Internet traffic? Salon exclusive: Two former AT&T employees say the telecom giant has maintained a secret, highly secure room in St. Louis since 2002. Intelligence experts say it bears the earmarks of a National Security Agency operation. By Kim Zetter Jun. 21, 2006 | In a pivotal network operations center in metropolitan St. Louis, AT&T has maintained a secret, highly secured room since 2002 where government work is being conducted, according to two former AT&T workers once employed at the center. In interviews with Salon, the former AT&T workers said that only government officials or AT&T employees with top-secret security clearance are admitted to the room, located inside AT&T's facility in Bridgeton. The room's tight security includes a biometric "mantrap" or highly sophisticated double door, secured with retinal and fingerprint scanners. The former workers say company supervisors told them that employees working inside the room were "monitoring network traffic" and that the room was being used by "a government agency." The details provided by the two former workers about the Bridgeton room bear the distinctive earmarks of an operation run by the National Security Agency, according to two intelligence experts with extensive knowledge of the NSA and its operations. In addition to the room's high-tech security, those intelligence experts told Salon, the exhaustive vetting process AT&T workers were put through before being granted top- secret security clearance points to the NSA, an agency known as much for its intense secrecy as its technological sophistication.