SSO Dictionary Relevant Entries
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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). -
What Is Xkeyscore, and Can It 'Eavesdrop on Everyone, Everywhere'? (+Video) - Csmonitor.Com
8/3/13 What is XKeyscore, and can it 'eavesdrop on everyone, everywhere'? (+video) - CSMonitor.com The Christian Science Monitor CSMonitor.com What is XKeyscore, and can it 'eavesdrop on everyone, everywhere'? (+video) XKeyscore is apparently a tool the NSA uses to sift through massive amounts of data. Critics say it allows the NSA to dip into people's 'most private thoughts' – a claim key lawmakers reject. This photo shows an aerial view of the NSA's Utah Data Center in Bluffdale, Utah. The long, squat buildings span 1.5 million square feet, and are filled with super powered computers designed to store massive amounts of information gathered secretly from phone calls and emails. (Rick Bowmer/AP/File) By Mark Clayton, Staff writer / August 1, 2013 at 9:38 pm EDT Topsecret documents leaked to The Guardian newspaper have set off a new round of debate over National Security Agency surveillance of electronic communications, with some cyber experts saying the trove reveals new and more dangerous means of digital snooping, while some members of Congress suggested that interpretation was incorrect. The NSA's collection of "metadata" – basic call logs of phone numbers, time of the call, and duration of calls – is now wellknown, with the Senate holding a hearing on the subject this week. But the tools discussed in the new Guardian documents apparently go beyond mere collection, allowing the agency to sift through the www.csmonitor.com/layout/set/print/USA/2013/0801/What-is-XKeyscore-and-can-it-eavesdrop-on-everyone-everywhere-video 1/4 8/3/13 What is XKeyscore, and can it 'eavesdrop on everyone, everywhere'? (+video) - CSMonitor.com haystack of digital global communications to find the needle of terrorist activity. -
USA V. Pen Register
Case 4:06-mj-00356 Document 13-1 Filed in TXSD on 07/19/06 Page 1 of 35 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN THE MATTER OF THE APPLICATION OF THE § UNITED STATES OF AMERICA FOR AN ORDER § AUTHORIZING (1) INSTALLATION AND USE OF A § PEN REGISTER AND TRAP AND TRACE DEVICE §MAGISTRATE NO. H-06-356M OR PROCESS, (2) ACCESS TO CUSTOMER § RECORDS, AND (3) CELL PHONE TRACKING § OPINION This opinion addresses two significant issues concerning law enforcement access to certain dialing and signaling information in the hands of telephone companies under the Electronic Communications Privacy Act (“ECPA”). The first is whether the Government may obtain “post- cut-through dialed digits” containing communication contents under the authority of the Pen/Trap Statute.1 The second is whether limited cell site information may be obtained prospectively under the dual or hybrid authority of the Pen/Trap Statute and the Stored Communications Act (“SCA”).2 These questions arise from a recent governmental application for a court order authorizing installation and use of a pen register and trap/trace device, access to customer records, and cell phone tracking. The court initially granted this order in part, denying access to the dialed digits as well as the limited cell site authority. In response to the Government’s informal request, the court agreed to reconsider the dialed digits ruling and invited full briefing by the Government as well as interested parties. The Electronic Frontier Foundation and Center for Democracy and Technology have filed 1 18 U.S.C. -
Electronic Communications Privacy Act
Electronic Communications Privacy Act Law/Act: Electronic Communications Privacy Act U.S. Code Citation: 18 U.S.C. §§ 2510–2522, 2701–2712, 3121–3127 Responsible Regulator: Federal Communications Commission BYU Responsible Officer: Information Security & Privacy Committee Updated: Feb. 2019 Updated By: CJH Version 1.0 Effective Date: 1986 I. PURPOSE The purpose of the Electronic Communications Privacy Act (ECPA) is to protect the privacy of wire, oral, and electronic communications while in transmission and when stored on computers.1 II. HISTORY The ECPA was passed in 1986, and included both amendments to the previous Wiretap Act and the creation of the Stored Communications Act and the Pen Register Act.2 The ECPA was created to expand federal restrictions on wiretapping and electronic eavesdropping.3 The ECPA was heavily modified by the Communications Assistance to Law Enforcement Act (CALEA) in 1994 to allow law enforcement agencies the ability to conduct electronic surveillance.4 The ECPA was also significantly amended in 2001 and again in 2006 by the USA PATRIOT Act, which was created to increase protection against domestic terrorism in response to the 9/11 attacks.5 Significant changes were also made by the enactment of the Foreign Intelligence Surveillance Act of 1978 and Amendments (FISA) in 2008 to allow electronic surveillance for the collection of foreign intelligence information.6 III. APPLICABILITY TO BYU Because BYU provides electronic and wire communications services and stores records of such communications, it would be deemed a “communications provider,”7 and as such is subject to the provisions of the EPCA and responsible for protecting the privacy of covered communications. -
Legal Constraints Upon the Use of the Pen Register As a Law Enforcement Tool Victor S
Cornell Law Review Volume 60 Article 6 Issue 6 August 1975 Legal Constraints Upon the Use of the Pen Register as a Law Enforcement Tool Victor S. Elgort Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Victor S. Elgort, Legal Constraints Upon the Use of the Pen Register as a Law Enforcement Tool, 60 Cornell L. Rev. 1028 (1975) Available at: http://scholarship.law.cornell.edu/clr/vol60/iss6/6 This Note is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. NOTES THE LEGAL CONSTRAINTS UPON THE USE OF THE PEN REGISTER AS A LAW ENFORCEMENT TOOL Imagine a suspect of a crime under investigation. The police are observing his home through binoculars, a mail cover 1 has been placed upon his incoming mail, a search warrant has been obtained for the contents of several of his letters, a pen register and a wiretap have been placed upon his telephone, and the records of his long-distance calls are periodically examined. The search war- rant for the letters is similar to the wiretap with respect to the interests and procedures involved.2 Both result in the detection of the substantive contents of a communication and need not be considered here. The pen register, which logs numbers dialed from a particular telephone without monitoring any conversations, 3 may be analogized to the nonelectronic surveillance techniques represented in this hypothetical situation by the mail cover and binocular watch. -
Advocating for Basic Constitutional Search Protections to Apply to Cell Phones from Eavesdropping and Tracking by Government and Corporate Entities
University of Central Florida STARS HIM 1990-2015 2013 Brave New World Reloaded: Advocating for Basic Constitutional Search Protections to Apply to Cell Phones from Eavesdropping and Tracking by Government and Corporate Entities Mark Berrios-Ayala University of Central Florida Part of the Legal Studies Commons Find similar works at: https://stars.library.ucf.edu/honorstheses1990-2015 University of Central Florida Libraries http://library.ucf.edu This Open Access is brought to you for free and open access by STARS. It has been accepted for inclusion in HIM 1990-2015 by an authorized administrator of STARS. For more information, please contact [email protected]. Recommended Citation Berrios-Ayala, Mark, "Brave New World Reloaded: Advocating for Basic Constitutional Search Protections to Apply to Cell Phones from Eavesdropping and Tracking by Government and Corporate Entities" (2013). HIM 1990-2015. 1519. https://stars.library.ucf.edu/honorstheses1990-2015/1519 BRAVE NEW WORLD RELOADED: ADVOCATING FOR BASIC CONSTITUTIONAL SEARCH PROTECTIONS TO APPLY TO CELL PHONES FROM EAVESDROPPING AND TRACKING BY THE GOVERNMENT AND CORPORATE ENTITIES by MARK KENNETH BERRIOS-AYALA A thesis submitted in partial fulfillment of the requirements for the Honors in the Major Program in Legal Studies in the College of Health and Public Affairs and in The Burnett Honors College at the University of Central Florida Orlando, Florida Fall Term 2013 Thesis Chair: Dr. Abby Milon ABSTRACT Imagine a world where someone’s personal information is constantly compromised, where federal government entities AKA Big Brother always knows what anyone is Googling, who an individual is texting, and their emoticons on Twitter. -
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. -
Jus Algoritmi: How the NSA Remade Citizenship
Extended Abstract Jus Algoritmi: How the NSA Remade Citizenship John Cheney-Lippold 1 1 University of Michigan / 500 S State St, Ann Arbor, MI 48109, United States of America / [email protected] Introduction It was the summer of 2013, and two discrete events were making analogous waves. First, Italy’s Minister for Integration, Cécile Kyenge was pushing for a change in the country’s citizenship laws. After a decades-long influx of immigrants from Asia, Africa, and Eastern Europe, the country’s demographic identity had become multicultural. In the face of growing neo-nationalist fascist movements in Europe, Kyenge pushed for a redefinition of Italian citizenship. She asked the state to abandon its practice of jus sanguinis, or citizenship rights by blood, and to adopt a practice of jus soli, or citizenship rights by landed birth. Second, Edward Snowden fled the United States and leaked to journalists hundreds of thousands of classified documents from the National Security Agency regarding its global surveillance and data mining programs. These materials unearthed the classified specifics of how billions of people’s data and personal details were being recorded and processed by an intergovernmental surveillant assemblage. These two moments are connected by more than time. They are both making radical moves in debates around citizenship, though one is obvious while the other remains furtive. In Italy, this debate is heavily ethnicized and racialized. According to jus sanguinis, to be a legitimate part of the Italian body politic is to have Italian blood running in your veins. Italian meant white. Italian meant ethnic- Italian. Italian meant Catholic. -
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. -
IN the EUROPEAN COURT of HUMAN RIGHTS App No. 24960/15 10 HUMAN RIGHTS
IN THE EUROPEAN COURT OF HUMAN RIGHTS App No. 24960/15 10 HUMAN RIGHTS ORGANIZATIONS AND OTHERS – v – THE UNITED KINGDOM THIRD PARTY INTERVENTION OF THE ELECTRONIC PRIVACY INFORMATION CENTER Introduction 1. The Electronic Privacy Information Center (“EPIC”) welcomes the opportunity to submit these written comments pursuant to leave granted on February 26, 2016, by the President of the First Section under Rule 44 §3 of the Rules of the Court. These submissions do not address the facts or merits of the applicants’ case. 2. EPIC is a public interest, non-profit research and educational organization based in Washington, D.C. 1 EPIC was established in 1994 to focus public attention on emerging privacy and civil liberties issues and to protect privacy, freedom of expression, and democratic values in the information age. EPIC routinely files amicus briefs in U.S. courts, pursues open government cases, defends consumer privacy, coordinates non- profit participation in international policy discussions, and advocates before legislative and judicial organizations about emerging privacy and civil liberties issues. EPIC is a leading privacy and freedom of information organization in the US with special expertise in government surveillance related legal matters. 3. The matter before the Court in 10 Human Rights Organizations and Others v. the United Kingdom impacts the human rights to privacy, data protection and freedom of expression of people around the world, which is reflected also by the variety of the applicants’ affiliations. The matter before the Court is an issue of broad international importance because it involves arrangements to transfer personal data between the United States and European countries.