Utilitarian Analysis of Mass Surveillance: Panopticons and Privacy
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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. -
Worldwide Privacy Regulations Restricting Access to Genealogical Records Jan Meisels Allen
IAJGS 38th International Conference on Jewish Genealogy August 6, 2018 Warsaw, Poland Worldwide Privacy Regulations Restricting Access to Genealogical Records Jan Meisels Allen Genealogists without records can’t do genealogy! We are facing crises worldwide on access to vital records due to misunderstandings by those in power about identity theft and fraud and due to budget cuts Privacy Someone's right to keep their personal matters and relationships secret Why Do We Care About Privacy? There are many people who value their privacy, and wouldn't dream of posting personal information about themselves or their family where everyone can see it. Some of those people are my cousins, and some of them are your cousins - but how could you and I hope to connect with them online given their concerns? Do You Want Your Information Available to Everyone? We want others to provide information to us. Do we want our personal information posted to the Internet? European Union Members 28 Countries Austria Belgium Bulgaria Czech Croatia Cyprus Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Romania Slovakia Slovenia Spain Sweden Until 3-29- United Kingdom 2019 European Union - 2 • 28 Countries until BREXIT takes place - 29 March 2019 • 500 million residents • Right to be forgotten/erased • Google has ~90% of Search Engine Market in Europe-varies by country • Since May 29, 2014 Google received 698,395 requests to delink from 2,615,742 URLs. They did not remove 44 percent of the URLs requested. • Fall 2016 CJEU ruled hyperlinking by third-party website (search engine) without consent of holder constitutes a "communication to the public“ and doing so is a violation of EU copyright directive. -
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. -
Video Surveillance in Norway and Denmark
On the Threshold to Urban Panopticon? Analysing the Employment of CCTV in European Cities and Assessing its Social and Political Impacts RTD-Project (September 2001 – February 2004) 5th Framework Programme of the European Commission Contract No.: HPSE-CT2001-00094 [email protected] www.urbaneye.net Working Paper No. 4 Restrictive? Permissive? The Contradictory Framing of Video Surveillance in Norway and Denmark Carsten Wiecek & Ann Rudinow Sætnan [email protected] [email protected] Department of Sociology and Political Science Norwegian University of Science and Technology Dragvoll, 7491 Trondheim, Norway March 2002 Project Co-ordination: Centre for Technology and Society Technical University Berlin www.ztg.tu-berlin.de Urbaneye: Video Surveillance in Norway and Denmark 1 Table of Content TABLE OF CONTENT ......................................................................................................... 1 1 INTRODUCTION -- WHY TWO COUNTRIES? ..........................................................2 2 INTRODUCING NORWAY AND DENMARK.............................................................3 2.1 CCTV IN NORWAY AND DENMARK............................................................................ 6 2.2 OPEN STREET SYSTEMS AND THE ROLE OF THE POLICE ................................................. 9 3 LEGAL FRAMEWORK ..............................................................................................11 3.1 LEGAL STRUCTURES AND TEXTS.................................................................................12 -
The National Security Agency: Missions, Authorities, Oversight and Partnerships
9 August 2013 National Security Agency The National Security Agency: Missions, Authorities, Oversight and Partnerships ³7KDW¶VZK\LQWKH\HDUVWRFRPHZHZLOOKDYHWRNHHSZRUNLQJKDUGWRVWULNHWKHDSSURSULDWH balance between our need for security and preserving those freedoms that make us who we are. That means reviewing the authorities of law enforcement, so we can intercept new types of communication, but also build in privacy protections to prevent abuse´ --President Obama, May 23, 2013 In his May 2013 address at the National Defense University, the President made clear that we, as a Government, need to review the surveillance authorities used by our law enforcement and intelligence community professionals so that we can collect information needed to keep us safe and ensure that we are undertaking the right kinds of privacy protections to prevent abuse. In the wake of recent unauthorized disclosures about some of our key intelligence collection programs, President Obama has directed that as much information as possible be made public, while mindful of the need to protect sources, methods and national security. Acting under that guidance, the Administration has provided enhanced transparency on, and engaged in robust public discussion about, key intelligence collection programs undertaken by the National Security Agency (NSA). This is important not only to foster the kind of debate the President has called for, but to correct inaccuracies that have appeared in the media and elsewhere. This document is a step in that process, and is aimed at providing a VXFFLQFWGHVFULSWLRQRI16$¶V mission, authorities, oversight and partnerships. Prologue After the al-4D¶LGDDWWDFNVRQWKH:RUOG7UDGH&HQWHUDQGWKH3HQWDJRQWKH&RPPLVVLRQ found that the U.S. Government had failed to identify and connect the many ³dots´ of information that would have uncovered the planning and preparation for those attacks. -
SSO Corporate Portfolio Overview
SSO Corporate Portfolio Overview Derived From: NSA/CSSM 1-52 Dated: 20070108 Declassify On: 20361201 What is SSO's Corporate Portfolio? What data can we collect? Where do I go for more help? Agenda 2 What is SSO's Corporate Portfolio? What is SSO Corporate access collection? (TS//SI//NF) Access and collection of telecommunications on cable, switch network, and/or routers made possible by the partnerships involving NSA and commercial telecommunications companies. 3 Brief discussion of global telecommunications infrastructure. How access points in the US can collect on communications from "bad guy" countries (least cost routing, etc.) 4 Unique Aspects Access to massive amounts of data Controlled by variety of legal authorities Most accesses are controlled by partner Tasking delays (TS//SI//NF) Key Points: 1) SSO provides more than 80% of collection for NSA. SSO's Corporate Portfolio represents a large portion of this collection. 2) Because of the partners and access points, the Corporate Portfolio is governed by several different legal authorities (Transit, FAA, FISA, E012333), some of which are extremely time-intensive. 3) Because of partner relations and legal authorities, SSO Corporate sites are often controlled by the partner, who filters the communications before sending to NSA. 4) Because we go through partners and do not typically have direct access to the systems, it can take some time for OCTAVE/UTT/Cadence tasking to be updated at site (anywhere from weekly for some BLARNEY accesses to a few hours for STORMBREW). 5 Explanation of how we can collect on a call between (hypothetically) Iran and Brazil using Transit Authority. -
The Proliferation of Video Surveillance in Brussels and Copenhagen
TOWARDS THE PANOPTIC CITY THE PROLIFERATION OF VIDEO SURVEILLANCE IN BRUSSELS AND COPENHAGEN This master thesis has been co-written by Corentin Debailleul and Pauline De Keersmaecker 4Cities UNICA Euromaster in Urban Studies 2012-2014 Université Libre de Bruxelles (ULB) Supervisor : Mathieu Van Criekingen (Université Libre de Bruxelles) Second reader : Henrik Reeh (Københavns Universitet) Hence the major effect of the Panopticon: to induce in the inmate a state of conscious and permanent visibility that assures the automatic functioning of power. So to arrange things that the surveillance is permanent in its effects, even if it is discontinuous in its action; that the perfection of power should tend to render its actual exercise unnecessary; that this architectural apparatus should be a machine for creating and sustaining a power relation independent of the person who exercises it; in short, that the inmates should be caught up in a power situation of which they are themselves the bearers. To achieve this, it is at once too much and too little that the prisoner should be constantly observed by an inspector: too little, for what matters is that he knows himself to be observed; too much, because he has no need in fact of being so. In view of this, Bentham laid down the principle that power should be visible and unverifiable. Visible: the inmate will constantly have before his eyes the tall outline of the central tower from which he is spied upon. Unverifiable: the inmate must never know whether he is being looked at at any one moment; but he must be sure that he may always be so. -
Background Paper on Protecting Children from Bullying and Cyberbullying
Background paper on protecting children from bullying and cyberbullying Expert Consultation on protecting children from bullying and cyberbullying 9 – 10 May 2016 Florence, Italy 1 “The teacher showed us a sheet of paper and said we could spit on it, stamp on it, crumple it – but not tear it. Then she asked us to try and straighten it out again, but it was impossible to smooth out all the creases. Then she said this is what it’s like when someone gets bullied. There should be a teacher who goes into all classes and does this from primary 1 to primary 7 – right up until upper secondary. And they need to do it more than once”.1 11-year-old boy I. Introduction A. Background 1. The UN General Assembly, in its resolution 69/158, called for a report on protecting children from bullying. Recognizing that bullying, including cyberbullying, can have a negative impact on the rights of children, the report should place an emphasis on causes and effects, good practices and guidance to prevent and respond to bullying. 2. The same resolution encouraged Member States to: (a) take all appropriate measures to prevent and protect children, including in school, from any form of violence, including any form of bullying, by promptly responding to such acts, and to provide appropriate support to children affected by and involved in bullying; (b) continue to promote and invest in education, including as a long-term and lifelong process by which everyone learns tolerance and respect for the dignity of others and the means and methods of ensuring such respect -
By Gil Carlson
No longer is there a separation between Earthly technology, other worldly technology, science fiction stories of our past, hopes and aspirations of the future, our dimension and dimensions that were once inaccessible, dreams and nightmares… for it is now all the same! By Gil Carlson (C) Copyright 2016 Gil Carlson Wicked Wolf Press Email: [email protected] To discover the rest of the books in this Blue Planet Project Series: www.blue-planet-project.com/ -1- Air Hopper Robot Grasshopper…7 Aqua Sciences Water from Atmospheric Moisture…8 Avatar Program…9 Biometrics-At-A-Distance…9 Chembot Squishy SquishBot Robots…10 Cormorant Submarine/Sea Launched MPUAV…11 Cortical Modem…12 Cyborg Insect Comm System Planned by DARPA…13 Cyborg Insects with Nuclear-Powered Transponders…14 EATR - Energetically Autonomous Tactical Robot…15 EXACTO Smart Bullet from DARPA…16 Excalibur Program…17 Force Application and Launch (FALCON)…17 Fast Lightweight Autonomy Drones…18 Fast Lightweight Autonomous (FLA) indoor drone…19 Gandalf Project…20 Gremlin Swarm Bots…21 Handheld Fusion Reactors…22 Harnessing Infrastructure for Building Reconnaissance (HIBR) project…24 HELLADS: Lightweight Laser Cannon…25 ICARUS Project…26 InfoChemistry and Self-Folding Origami…27 Iron Curtain Active Protection System…28 ISIS Integrated Is Structure…29 Katana Mono-Wing Rotorcraft Nano Air Vehicle…30 LANdroid WiFi Robots…31 Lava Missiles…32 Legged Squad Support System Monster BigDog Robot…32 LS3 Robot Pack Animal…34 Luke’s Binoculars - A Cognitive Technology Threat Warning…34 Materials -
SSO FAIRVIEW Overview
TOP SECRET//SI/OC//NOFORN SSO FAIRVIEW Overview TOP SECRET//SI/OC//NOFORN TOP SECRET//SI/OC//NOFORN AGENDA • (U) FAIRVIEW DEFINED • (U) OPERATIONAL AUTHORITIES/CAPABILITIES • (U) STATS: WHO IS USING DATA WE COLLECTED • (U) FAIRVIEW WAY AHEAD AND WHAT IT MEANS FOR YOU • (U) QUESTIONS TOP SECRET//SI/OC//NOFORN TOP SECRET//SI/OC//NOFORN International Cables (TS//SI//NF) (TS//SI//NF) TOP SECRET//SI/OC//NOFORN Brief discussion of global telecommunications infrastructure. How access points in the US can collect on communications from “bad guy” countries (least cost routing, etc.) TOP SECRET//SI/OC//NOFORN WHERE SSO IS ACCESSING YOUR TARGET (TS//SI//NF) SSO TARGET UNILATERAL PROGRAMS CABLE MAIL, VOIP, TAP CLOUD SERVICES CORP PARTNER RAM-A RAM-I/X RAM-T RAM-M DGO SSO WINDSTOP BLARNEY SSO CORP MYSTIC AND PRISM FAIRVIEW STORMBREW OAKSTAR TOPI PINWALE XKEYSCORE TURMOIL (TS//SI//NF) TOP SECRET//SI/OC//NOFORN TOP SECRET//SI/OC//NOFORN FAIRVIEW DEFINED • (TS//SI//NF) Large SSO Program involves NSA and Corporate Partner (Transit, FAA and FISA) • (TS//SI//REL FVEY) Cooperative effort associated witH mid- point collection (cable, switch, router) • (TS//SI//NF) THe partner operates in tHe U.S., but Has access to information tHat transits tHe nation and tHrougH its corporate relationships provide unique accesses to otHer telecoms and ISPs (TS//SI//NF) 5 (TS//SI//NF) TOP SECRET//SI/OC//NOFORN TOP SECRET//SI/OC//NOFORN Unique Aspects (C) Access to massive amounts of data (C) Controlled by variety of legal authorities (C) Most accesses are controlled by partner (C) Tasking delays TOP SECRET//SI/OC//NOFORN (TS//SI//NF) Key Points: 1) SSO provides more than 80% of collection for NSA. -
Mass Surveillance Part 1 - Risks and Opportunities Raised by the Current Generation of Network Services and Applications
Science and Technology Options Assessment (STOA) Mass Surveillance Part 1 - Risks and opportunities raised by the current generation of network services and applications ANNEX EPRS | European Parliamentary Research Service Scientific Foresight (STOA) Unit PE 527.409 EN 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 Annex IP/G/STOA/FWC-2013-1 - LOT 9 – Safety and security technologies December 2014 STOA - Science and Technology Options Assessment The STOA project “Mass Surveillance – Risks, Opportunities and Mitigation Strategies Part 1” was carried out by TECNALIA Research and Investigation. AUTHORS Arkaitz Gamino Garcia Concepción Cortes Velasco Eider Iturbe Zamalloa Erkuden Rios Velasco Iñaki Eguía Elejabarrieta Javier Herrera Lotero José Javier Larrañeta Ibañez Stefan Schuster (Editor) STOA RESEARCH ADMINISTRATOR Peter Ide-Kostic Scientific Foresight Unit Directorate for Impact Assessment and European Added Value Directorate-General for Parliamentary Research Services European Parliament, Rue Wiertz 60, B-1047 Brussels E-mail: [email protected] LINGUISTIC VERSION Original: EN ABOUT THE PUBLISHER To contact STOA or to subscribe to its newsletter please write to: [email protected] This document is available on the Internet at: http://www.ep.europa.eu/stoa/ Manuscript completed in November, 2014 Brussels, © European Union, 2014 DISCLAIMER The content of this document is the sole responsibility of the author and any opinions expressed therein do not necessarily represent the official position of the European Parliament. It is addressed to the Members and staff of the EP for their parliamentary work. -
Stalking Laws and Implementation Practices: a National Review for Policymakers and Practitioners
The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Stalking Laws and Implementation Practices: A National Review for Policymakers and Practitioners Author(s): Neal Miller Document No.: 197066 Date Received: October 24, 2002 Award Number: 97-WT-VX-0007 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Institute for Law and Justice 1018 Duke Street Alexandria, Virginia 22314 Phone: 703-684-5300 Fax: 703-739-5533 i http://www. ilj .org -- PROPERTY OF National Criminal Justice Reference Service (NCJRS). t'Y- Box 6000 Rockville, MD 20849-6000 fl-- Stalking Laws and Implementation Practices: A 0 National Review for Policymakers and Practitioners Neal Miller October 2001 Prepared under a grant from the National Institute of Justice to the Institute for Law and Justice (ILJ), grant no. 97-WT-VX-0007 Any opinions expressed herein are solely those of the author and do not necessarily represent the views of the U.S. Department of Justice or ILJ. This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S.