New Insights Into the PRISM Program Search
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Understanding Schrems II and Its Impact on the EU-US Privacy Shield
EU Data Transfer Requirements and U.S. Intelligence Laws: Understanding Schrems II and Its Impact on the EU-U.S. Privacy Shield March 17, 2021 Congressional Research Service https://crsreports.congress.gov R46724 SUMMARY R46724 EU Data Transfer Requirements and U.S. March 17, 2021 Intelligence Laws: Understanding Schrems II Chris D. Linebaugh and Its Impact on the EU-U.S. Privacy Shield Legislative Attorney On July 16, 2020, in a decision referred to as Schrems II, the Court of Justice of the European Edward C. Liu Union (CJEU) invalidated the EU-U.S. Privacy Shield (Privacy Shield). Privacy Shield is a Legislative Attorney framework developed by the European Union (EU) and the United States to facilitate cross- border transfers of personal data for commercial purposes. Privacy Shield requires companies and organizations that participate in the program to abide by various data protection requirements and, in return, assures the participants that the transfer is compliant with EU law. The CJEU, however, found Privacy Shield inadequate in part because it does not restrain U.S. intelligence authorities’ data collection activities. According to the CJEU, U.S. law allows intelligence agencies to collect and use the personal data transferred under the Privacy Shield framework in a manner that is inconsistent with rights guaranteed under EU law. The CJEU focused on Section 702 of the Foreign Intelligence Surveillance Act, Executive Order 12333, and Presidential Policy Directive 28, which govern how the U.S. government may conduct surveillance of non-U.S. persons located outside of the United States. The CJEU’s Schrems II ruling has significant implications for personal data transfers between the EU and the United States. -
Through a PRISM, Darkly(PDF)
NANOG 59 – October 7, 2013 Through a PRISM, Darkly Mark Rumold Staff Attorney, EFF NANOG 59 – October 7, 2013 Electronic Frontier Foundation NANOG 59 – October 7, 2013 NANOG 59 – October 7, 2013 NANOG 59 – October 7, 2013 What we’ll cover today: • Background; what we know; what the problems are; and what we’re doing • Codenames. From Stellar Wind to the President’s Surveillance Program, PRISM to Boundless Informant • Spying Law. A healthy dose of acronyms and numbers. ECPA, FISA and FAA; 215 and 702. NANOG 59 – October 7, 2013 the background NANOG 59 – October 7, 2013 changes technologytimelaws …yet much has stayed the same NANOG 59 – October 7, 2013 The (Way) Background • Established in 1952 • Twin mission: – “Information Assurance” – “Signals Intelligence” • Secrecy: – “No Such Agency” & “Never Say Anything” NANOG 59 – October 7, 2013 The (Mid) Background • 1960s and 70s • Cold War and Vietnam • COINTELPRO and Watergate NANOG 59 – October 7, 2013 The Church Committee “[The NSA’s] capability at any time could be turned around on the American people and no American would have any privacy left, such is the capability to monitor everything. Telephone conversations, telegrams, it doesn't matter. There would be no place to hide.” Senator Frank Church, 1975 NANOG 59 – October 7, 2013 Reform • Permanent Congressional oversight committees (SSCI and HPSCI) • Foreign Intelligence Surveillance Act (FISA) – Established requirements for conducting domestic electronic surveillance of US persons – Still given free reign for international communications conducted outside U.S. NANOG 59 – October 7, 2013 Changing Technology • 1980s - 2000s: build-out of domestic surveillance infrastructure • NSA shifted surveillance focus from satellites to fiber optic cables • BUT: FISA gives greater protection for communications on the wire + surveillance conducted inside the U.S. -
Electronic Communications Surveillance
Electronic Communications Surveillance LAUREN REGAN “I think you’re misunderstanding the perceived problem here, Mr. President. No one is saying you broke any laws. We’re just saying it’s a little bit weird that you didn’t have to.”—John Oliver on The Daily Show1 The government is collecting information on millions of citizens. Phone, Internet, and email habits, credit card and bank records—vir- tually all information that is communicated electronically is subject to the watchful eye of the state. The government is even building a nifty, 1.5 million square foot facility in Utah to house all of this data.2 With the recent exposure of the NSA’s PRISM program by whistleblower Edward Snowden, many people—especially activists—are wondering: How much privacy do we actually have? Well, as far as electronic pri- vacy, the short answer is: None. None at all. There are a few ways to protect yourself, but ultimately, nothing in electronic communications is absolutely protected. In the United States, surveillance of electronic communications is governed primarily by the Electronic Communications Privacy Act of 1986 (ECPA), which is an extension of the 1968 Federal Wiretap act (also called “Title III”) and the Foreign Intelligence Surveillance Act (FISA). Other legislation, such as the USA PATRIOT Act and the Communications Assistance for Law Enforcement Act (CALEA), sup- plement both the ECPA and FISA. The ECPA is divided into three broad areas: wiretaps and “electronic eavesdropping,” stored messages, and pen registers and trap-and-trace devices. Each degree of surveillance requires a particular burden that the government must meet in order to engage in the surveillance. -
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 ........................................ -
FBI's Carnivore: How Federal Agents May Be Viewing Your Personal E-Mail and Why There Is Nothing You Can Do About It
The FBI's Carnivore: How Federal Agents May Be Viewing Your Personal E-Mail and Why There Is Nothing You Can Do About It PETER J. GEORGITON* Much controversy has arisen over the FBI's proposal to use an e-mail and Internet surveillanceprogram, named "Carnivore," to assist its law enforcement efforts on the Information Superhighway. In this note, the authorexamines how Carnivoreoperates and its implicationsfor individuals 'privacy rights under the Fourth Amendment and the Electronic Communications Privacy Act of 1986 (ECPA). The author concludes that the current state of constitutional and statutory law governing electronicsurveillance indicates that the FBI can utilize Carnivore to conduct a wide range of intrusive searches with little or no legal justification. Carnivore'sability to retrieve more than mere e-mail messages of suspects, the FBI's checkered past on privacy issues, and the lack ofjudicial oversight make the potentialfor abuse of Carnivoregreat. As a result, Congress must take a hard look at both the ECPA and Carnivore to prevent law enforcement agenciesfrom using Carnivore to peer into our personal e-mails and Internet usage. Whether he wrote DOWN WITH BIG BROTHER, or whether he refrainedfrom writing it, made no difference.... The Thought Police would get him just the same. He had committed-would still have committed, even ifhe had never set pen to paper-the essential crime that contained all others in itself Thoughtcrime, they called it. Thoughtcrime was not a thing that could be concealedforever. You might dodge successfully for a while, even for years, but sooner or laterthey were bound to get you. -
April 11, 2014 Privacy and Civil Liberties Oversight Board 2100 K St
April 11, 2014 Privacy and Civil Liberties Oversight Board 2100 K St. NW, Suite 500 Washington, D.C. 20427 Re: March 19, 2014 Public Hearing Dear Chairman Medine and Board Members: The Constitution Project (TCP) welcomes this opportunity to comment on the March 19, 2014 public hearing and to offer our views on whether the federal government’s surveillance programs operated under the authority of Section 702 of the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. § 1881a, properly balance efforts to protect the Nation with the need to protect privacy and civil liberties. TCP is a non-profit think tank and advocacy organization that brings together unlikely allies—experts and practitioners from across the political spectrum—to develop consensus-based solutions to some of the most difficult constitutional challenges of our time. TCP’s bipartisan Liberty and Security Committee, comprised of former elected officials, former members of the law enforcement and intelligence communities, as well as legal academics, practitioners and advocates, previously made recommendations for statutory amendments to add warrant requirements and increase judicial and congressional oversight of Section 702 programs. See TCP’s September 2012 Report on the FISA Amendments Act. Liberty and Security Committee members convened following the PCLOB’s March 19, 2014 hearing, discussed the witness testimony and other newly available information, and agreed to reaffirm their previous policy on Section 702, with the following additional comments and recommendations.1 I. The Operation of Section 702 Our comments are supported by information about the operation of Section 702 recently revealed through declassified Foreign Intelligence Surveillance Court (FISC) opinions and leaks by National Security Agency (NSA) contractor Edward Snowden. -
Independent Technical Review of the Carnivore System Final Report
Contract No. 00-C-0328 IITRI CR-030-216 Independent Technical Review of the Carnivore System Final Report 8 December 2000 Contract No. 00-C-0328 IITRI CR-030-216 Independent Review of the Carnivore System Final Report Prepared by: Stephen P. Smith J. Allen Crider Henry H. Perritt, Jr. Mengfen Shyong Harold Krent Larry L. Reynolds Stephen Mencik 8 December 2000 IIT Research Institute Suite 400 8100 Corporate Drive Lanham, Maryland 20785-2231 301-731-8894 FAX 301-731-0253 IITRI CR-030-216 CONTENTS Executive Summary.................................................................................................................. vii ES.1 Introduction................................................................................................................... vii ES.2 Scope............................................................................................................................. vii ES.3 Approach....................................................................................................................... viii ES.4 Observations ................................................................................................................. viii ES.5 Conclusions................................................................................................................... xii ES.6 Recommendations......................................................................................................... xiv Section 1 Introduction 1.1 Purpose......................................................................................................................... -
Help I Am an Investigative Journalist in 2017
Help! I am an Investigative Journalist in 2017 Whistleblowers Australia Annual Conference 2016-11-20 About me • Information security professional Gabor Szathmari • Privacy, free speech and open gov’t advocate @gszathmari • CryptoParty organiser • CryptoAUSTRALIA founder (coming soon) Agenda Investigative journalism: • Why should we care? • Threats and abuses • Surveillance techniques • What can the reporters do? Why should we care about investigative journalism? Investigative journalism • Cornerstone of democracy • Social control over gov’t and private sector • When the formal channels fail to address the problem • Relies on information sources Manning Snowden Tyler Shultz Paul Stevenson Benjamin Koh Threats and abuses against investigative journalism Threats • Lack of data (opaque gov’t) • Journalists are imprisoned for doing their jobs • Sources are afraid to speak out Journalists’ Privilege • Evidence Amendment (Journalists’ Privilege) Act 2011 • Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 Recent Abuses • The Guardian: Federal police admit seeking access to reporter's metadata without warrant ! • The Intercept: Secret Rules Makes it Pretty Easy for the FBI to Spy on Journalists " • CBC News: La Presse columnist says he was put under police surveillance as part of 'attempt to intimidate’ # Surveillance techniques Brief History of Interception First cases: • Postal Service - Black Chambers 1700s • Telegraph - American Civil War 1860s • Telephone - 1890s • Short wave radio -1940s / 50s • Satellite (international calls) - ECHELON 1970s Recent Programs (2000s - ) • Text messages, mobile phone - DISHFIRE, DCSNET, Stingray • Internet - Carnivore, NarusInsight, Tempora • Services (e.g. Google, Yahoo) - PRISM, MUSCULAR • Metadata: MYSTIC, ADVISE, FAIRVIEW, STORMBREW • Data visualisation: XKEYSCORE, BOUNDLESSINFORMANT • End user device exploitation: HAVOK, FOXACID So how I can defend myself? Data Protection 101 •Encrypt sensitive data* in transit •Encrypt sensitive data* at rest * Documents, text messages, voice calls etc. -
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. -
PRISM/US-984XN Overview
TOP SFCRF.T//SI//ORCON//NOFORX a msn Hotmail Go« „ paltalk™n- Youffl facebook Gr-iai! AOL b mail & PRISM/US-984XN Overview OR The SIGAD Used Most in NSA Reporting Overview PRISM Collection Manager, S35333 Derived From: NSA/CSSM 1-52 April 20L-3 Dated: 20070108 Declassify On: 20360901 TOP SECRET//SI// ORCON//NOFORN TOP SECRET//SI//ORCON//NOEÛEK ® msnV Hotmail ^ paltalk.com Youi Google Ccnmj<K8t« Be>cnö Wxd6 facebook / ^ AU • GM i! AOL mail ty GOOglC ( TS//SI//NF) Introduction ILS. as World's Telecommunications Backbone Much of the world's communications flow through the U.S. • A target's phone call, e-mail or chat will take the cheapest path, not the physically most direct path - you can't always predict the path. • Your target's communications could easily be flowing into and through the U.S. International Internet Regional Bandwidth Capacity in 2011 Source: Telegeographv Research TOP SECRET//SI// ORCON//NOFORN TOP SECRET//SI//ORCON//NOEQBN Hotmail msn Google ^iïftvgm paltalk™m YouSM) facebook Gm i ¡1 ^ ^ M V^fc i v w*jr ComnuMcatiw Bemm ^mmtmm fcyGooglc AOL & mail  xr^ (TS//SI//NF) FAA702 Operations U « '«PRISM/ -A Two Types of Collection 7 T vv Upstream •Collection of ;ommujai£ations on fiber You Should Use Both PRISM • Collection directly from the servers of these U.S. Service Providers: Microsoft, Yahoo, Google Facebook, PalTalk, AOL, Skype, YouTube Apple. TOP SECRET//SI//ORCON//NOFORN TOP SECRET//SI//ORCON//NOEÛEK Hotmail ® MM msn Google paltalk.com YOUE f^AVi r/irmiVAlfCcmmjotal«f Rhnnl'MirBe>coo WxdS6 GM i! facebook • ty Google AOL & mail Jk (TS//SI//NF) FAA702 Operations V Lfte 5o/7?: PRISM vs. -
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. -
The Role of the Telecommunications Industry in Electronic Surveillance
Beyond Privacy and Security: The Role of the Telecommunications Industry in Electronic Surveillance Mieke Eoyang* INTRODUCTION On a Sunday in September 1975, a young lawyer on the Church Committee named Britt Snider drove to Maryland for a meeting with Dr. Lou Tordella, the retired civilian head of the National Security Agency (NSA). The Committee was investigating an NSA program codenamed SHAMROCK, which collected copies of all telegrams entering and exiting the United States. Tordella told Snider how every day, an NSA courier would hand carry reels of tape from New York to the NSA headquarters at Fort Meade. According to Tordella, all of the big international telegram carriers cooper- ated out of a sense of patriotism; they were not paid for their service. Snider suggested that the companies should have known that the government might abuse the situation to spy on American citizens. Tordella warned that the Committee’s exposure of the companies’ involvement could discourage them and others from cooperating with the government in the future. The companies received assurances from the Attorney General that their conduct was legal. They were nevertheless concerned and sought immunity from prosecution.1 This episode replayed itself half a century later, when the administration of George W. Bush assured private industry that its involvement in a questionable government surveillance program was perfectly legal. Surveillance experts often describe the balancing act between the interests of government and the interests of individuals. Frequently left out are the interests of private industry, without which electronic surveillance in the twenty-first century would be impossible. Government intelligence agencies rely on compa- nies who compete in a global market.