April 19, 2014

avatar

Historic E.U. Net Neutrality Win Shows Maturing Digital Rights Advocacy

After a 5-year long campaign by European and U.S. digital rights NGOs, today the European Parliament turned a dubious Commission proposal on its head to safeguard the principle of net neutrality. It’s a historic win, and all over the news. It also shows how digital rights advocacy is maturing. [Read more...]

avatar

9 Problems of Government Hacking: Why IT-Systems Deserve Constitutional Protection

Governments around the world are increasingly hacking into IT-systems. But for every apparent benefit, government hacking creates deeper problems. Time to unpack 9 of them, and to discuss one unique perspective: in response to a proposed hacking law in 2008, the German Constitutional Court created a new human right protecting the ‘confidentiality and integrity of IT-systems’. The rest of the world should follow suit, and outlaw government hacking until its deep problems are addressed. [Read more...]

avatar

ECHR Fast-tracks Court Case on PRISM and TEMPORA (and VERYANGRYBIRDS?)

So. The NSA and GCHQ piggyback on Angry Birds to spy on its 1.7 billion users. potential terrorists. Not only that, but everything on smartphones can be compromised: “if its on the phone, we can get it”. Will it ever stop? A few days ago, the European Court of Human Rights (‘ECHR’) made the unique move to fast-track a case on the legality of mass surveillance practices by the GCHQ. A judgement is now expected in months, rather than years – in time to have a huge impact on the global debate on mass surveillance. Time for some analysis. [Read more...]

avatar

Signing Mass Surveillance Declarations and Petitions: Should Academics Take a Stance?

Quite often, especially since the Snowden revelations began, tech policy academics will be approached by NGO’s and colleagues to sign petitions ‘to end mass surveillance’. It’s not always easy to decide whether you want to sign. If you’re an academic, you might want to consider co-signing one initiative launched today. [Read more...]

avatar

The Politics of the EU Court Data Retention Opinion: End to Mass Surveillance?

The Wall Street Journal headlines: “EU Court Opinion: Data Retention Directive Incompatible With Fundamental Rights”. The Opinion is strong, but in fact not yet an outright victory to privacy and civil liberties. The jury is out: the Opinion is a non-binding, but influential advice to the E.U. Court, that will deliver its final judgment come next spring. Now is a perfect moment to analyze the Opinion, as well as the institutional politics of the E.U. Court — critical in understanding the two-tier approach to surveillance and fundamental rights in Europe. The two-tier approach converges, after 60 years, when the E.U. accedes to the European Convention of Human Rights anytime soon. Amidst the Snowden revelations, these are the fundamental legal developments that will ultimately answer the question whether European law can end mass surveillance.

[Read more...]

avatar

NSA Strategy 2012-16: Outsourcing Compliance to Algorithms, and What to Do About It

Over the weekend, two new NSA documents revealed a confident NSA SIGINT strategy for the coming years and a vast increase of NSA-malware infected networks across the globe. The excellent reporting overlooked one crucial development: constitutional compliance will increasingly be outsourced to algorithms. Meaningful oversight of intelligence practises must address this, or face collateral constitutional damage. [Read more...]

avatar

The 2008 Liberty Case: An Authoritive Ruling on Snowden’s Disclosures

The other day, I was re-reading the 2008 Liberty vs. The United Kingdom ruling of the European Court of Human Rights (‘ECHR’). The case reads like any BREAKING / REVEALED news report on Edward Snowden’s disclosures, and will play a crucial role in the currently pending court cases in Europe on the legality of the surveillance programs. Liberty is also great material for comparing surveillance jurisprudence across the Atlantic.

[Read more...]

avatar

When an Ethnographer met Edward Snowden

If you talk about ‘metadata’, ‘big data’ and ‘Big Brother’ just as easily as you order a pizza, ethnography and anthropology are probably not your first points of reference. But the outcome of a recent encounter of ethnographer Tom Boellstorff and Edward Snowden (not IRL but IRP), is that tech policy wonks and researchers should be careful with their day to day vocabulary, as concepts carry politics of control and power.

[Read more...]

avatar

U.S. Citizenship and N.S.A. Surveillance – Legal Safeguard or Practical Backdoor?

The main takeaway of two recent disclosures around N.S.A. surveillance practices, is that Americans must re-think ‘U.S. citizenship’ as the guiding legal principle to protect against untargeted surveillance of their communications. Currently, U.S. citizens may get some comfort through the usual political discourse that ‘ordinary Americans’ are protected, and this is all about foreigners. In this post, I’ll argue that this is not the case, that the legal backdoor of U.S. Citizenship is real and that relying on U.S. citizenship for protection is not in America’s interests. As a new CITP Fellow and a first time contributor to this amazing blog, I’ll introduce myself and my research interests along the way.   [Read more...]