We Only Spy on Foreigners": the Myth of a Universal Right to Privacy and the Practice of Foreign Mass Surveillance
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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. -
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. -
ASD-Covert-Foreign-Money.Pdf
overt C Foreign Covert Money Financial loopholes exploited by AUGUST 2020 authoritarians to fund political interference in democracies AUTHORS: Josh Rudolph and Thomas Morley © 2020 The Alliance for Securing Democracy Please direct inquiries to The Alliance for Securing Democracy at The German Marshall Fund of the United States 1700 18th Street, NW Washington, DC 20009 T 1 202 683 2650 E [email protected] This publication can be downloaded for free at https://securingdemocracy.gmfus.org/covert-foreign-money/. The views expressed in GMF publications and commentary are the views of the authors alone. Cover and map design: Kenny Nguyen Formatting design: Rachael Worthington Alliance for Securing Democracy The Alliance for Securing Democracy (ASD), a bipartisan initiative housed at the German Marshall Fund of the United States, develops comprehensive strategies to deter, defend against, and raise the costs on authoritarian efforts to undermine and interfere in democratic institutions. ASD brings together experts on disinformation, malign finance, emerging technologies, elections integrity, economic coercion, and cybersecurity, as well as regional experts, to collaborate across traditional stovepipes and develop cross-cutting frame- works. Authors Josh Rudolph Fellow for Malign Finance Thomas Morley Research Assistant Contents Executive Summary �������������������������������������������������������������������������������������������������������������������� 1 Introduction and Methodology �������������������������������������������������������������������������������������������������� -
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. -
Trend Analysis the Israeli Unit 8200 an OSINT-Based Study CSS
CSS CYBER DEFENSE PROJECT Trend Analysis The Israeli Unit 8200 An OSINT-based study Zürich, December 2019 Risk and Resilience Team Center for Security Studies (CSS), ETH Zürich Trend analysis: The Israeli Unit 8200 – An OSINT-based study Author: Sean Cordey © 2019 Center for Security Studies (CSS), ETH Zurich Contact: Center for Security Studies Haldeneggsteig 4 ETH Zurich CH-8092 Zurich Switzerland Tel.: +41-44-632 40 25 [email protected] www.css.ethz.ch Analysis prepared by: Center for Security Studies (CSS), ETH Zurich ETH-CSS project management: Tim Prior, Head of the Risk and Resilience Research Group, Myriam Dunn Cavelty, Deputy Head for Research and Teaching; Andreas Wenger, Director of the CSS Disclaimer: The opinions presented in this study exclusively reflect the authors’ views. Please cite as: Cordey, S. (2019). Trend Analysis: The Israeli Unit 8200 – An OSINT-based study. Center for Security Studies (CSS), ETH Zürich. 1 Trend analysis: The Israeli Unit 8200 – An OSINT-based study . Table of Contents 1 Introduction 4 2 Historical Background 5 2.1 Pre-independence intelligence units 5 2.2 Post-independence unit: former capabilities, missions, mandate and techniques 5 2.3 The Yom Kippur War and its consequences 6 3 Operational Background 8 3.1 Unit mandate, activities and capabilities 8 3.2 Attributed and alleged operations 8 3.3 International efforts and cooperation 9 4 Organizational and Cultural Background 10 4.1 Organizational structure 10 Structure and sub-units 10 Infrastructure 11 4.2 Selection and training process 12 Attractiveness and motivation 12 Screening process 12 Selection process 13 Training process 13 Service, reserve and alumni 14 4.3 Internal culture 14 5 Discussion and Analysis 16 5.1 Strengths 16 5.2 Weaknesses 17 6 Conclusion and Recommendations 18 7 Glossary 20 8 Abbreviations 20 9 Bibliography 21 2 Trend analysis: The Israeli Unit 8200 – An OSINT-based study selection tests comprise a psychometric test, rigorous Executive Summary interviews, and an education/skills test. -
The Truth of the Capture of Adolf Eichmann (Pdf)
6/28/2020 The Truth of the Capture of Adolf Eichmann » Mosaic THE TRUTH OF THE CAPTURE OF ADOLF EICHMANN https://mosaicmagazine.com/essay/history-ideas/2020/06/the-truth-of-the-capture-of-adolf-eichmann/ Sixty years ago, the infamous Nazi official was abducted in Argentina and brought to Israel. What really happened, what did Hollywood make up, and why? June 1, 2020 | Martin Kramer About the author: Martin Kramer teaches Middle Eastern history and served as founding president at Shalem College in Jerusalem, and is the Koret distinguished fellow at the Washington Institute for Near East Policy. Listen to this essay: Adolf Eichmann’s Argentinian ID, under the alias Ricardo Klement, found on him the night of his abduction. Yad Vashem. THE MOSAIC MONTHLY ESSAY • EPISODE 2 June: The Truth of the Capture of Adolf Eichmann 1x 00:00|60:58 Sixty years ago last month, on the evening of May 23, 1960, the Israeli prime minister David Ben-Gurion made a brief but dramatic announcement to a hastily-summoned session of the Knesset in Jerusalem: A short time ago, Israeli security services found one of the greatest of the Nazi war criminals, Adolf Eichmann, who was responsible, together with the Nazi leaders, for what they called “the final solution” of the Jewish question, that is, the extermination of six million of the Jews of Europe. Eichmann is already under arrest in Israel and will shortly be placed on trial in Israel under the terms of the law for the trial of Nazis and their collaborators. In the cabinet meeting immediately preceding this announcement, Ben-Gurion’s ministers had expressed their astonishment and curiosity. -
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. -
Secrecy and Human Capital Management in US NSA and Israel Unit 8200
LOOSE LIPS BUILD SHIPS? Secrecy and Human Capital Management in US NSA and Israel Unit 8200 A THESIS SUBMITTED TO THE INTERSCHOOL HONORS PROGRAM IN INTERNATIONAL SECURITY STUDIES CENTER FOR INTERNATIONAL SECURITY AND COOPERATION FREEMAN SPOGLI INSTITUTE FOR INTERNATIONAL STUDIES STANFORD UNIVERSITY By: Lisa Catherine Wallace June 2014 Advisors: Mariano-Florentino Cuéllar Colonel Joseph Felter Abstract ! How do intelligence organizations attract and make use of top talent? This paper approaches this question through a comparative case study of the labor ecosystems surrounding both the US’ National Security Agency and IDF’s signals intelligence branch, Unit 8200. As the cyber realm continues to assume a growing role in modern national security threat environments, intelligence organizations must grow and adapt to accommodate these new objectives. This inevitably involves the question of how to attract and make use of top talent in order to solve difficult and highly technical national security problems. Israel and the United States share similar national security interests, and both possess burgeoning and impressive high-technology clusters. This paper claims that a growing, public network of Unit 8200 and other Intelligence Corps alumni is extant in Israel’s high-technology sector. Furthermore, affiliation with Unit 8200 has a positive signaling and social capital value. By contrast, this paper argues that alumni from the NSA do not possess as strong of a signaling or social capital value in the US. This paper argues that the NSA is hindered by the ontology, secrecy, and culture of the organization itself, as well as US public understanding of national security organizations and cyber threats. -
The Effectiveness of Surveillance Technology: What Intelligence Officials Are Saying
Delft University of Technology The effectiveness of surveillance technology What intelligence officials are saying Cayford, Michelle; Pieters, Wolter DOI 10.1080/01972243.2017.1414721 Publication date 2018 Document Version Final published version Published in Information Society Citation (APA) Cayford, M., & Pieters, W. (2018). The effectiveness of surveillance technology: What intelligence officials are saying. Information Society, 34(2), 88-103. https://doi.org/10.1080/01972243.2017.1414721 Important note To cite this publication, please use the final published version (if applicable). Please check the document version above. Copyright Other than for strictly personal use, it is not permitted to download, forward or distribute the text or part of it, without the consent of the author(s) and/or copyright holder(s), unless the work is under an open content license such as Creative Commons. Takedown policy Please contact us and provide details if you believe this document breaches copyrights. We will remove access to the work immediately and investigate your claim. This work is downloaded from Delft University of Technology. For technical reasons the number of authors shown on this cover page is limited to a maximum of 10. THE INFORMATION SOCIETY 2018, VOL. 34, NO. 2, 88–103 https://doi.org/10.1080/01972243.2017.1414721 The effectiveness of surveillance technology: What intelligence officials are saying Michelle Cayford and Wolter Pieters Faculty of Technology, Policy and Management, Delft University of Technology, Delft, The Netherlands ABSTRACT ARTICLE HISTORY In recent years, Western governments have come under sharp criticism for their use of surveillance Received 5 October 2016 technology. They have been accused of sweeping up massive amounts of information without Accepted 27 November 2017 evidence of the technologies being effective in improving security. -
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.