After Snowden: Rethinking the Impact of Surveillance

The International Journal of Human Rights

(2014) 37 University of New South Wales Law Journal 748-783, 2014

This article explores how Internet surveillance in the name of counter-terrorism challenges privacy. In the Part II, the article analyses the international dimension of counter-terrorism measures and the conceptualisation of data protection and privacy in the European Union, the United States of America and Australia. Part III compares the different concepts of data protection and privacy, and explores the prospects of an international legal framework for the protection of privacy. Part IV concludes that work on international data protection and privacy standards, while urgently needed, remains a long-term vision with particular uncertain prospects as far as anti-terrorism and national security measures are concerned.

Surveillance & Society

The drip-feed disclosures about state surveillance following Edward Snowden’s dramatic departure from his NSA contractor, Booz Allen, carrying over one million revealing files, have ired some and prompted some serious heart-searching in others. One of the challenges is to those who engage in surveillance studies. Three kinds of issues present themselves: One, research disregard: responses to the revelations show a surprising lack of understanding of the large-scale multi-faceted panoply of surveillance that has been constructed over the past 40 years or so that includes but is far from exhausted by state surveillance itself. Two, research deficits: we find that a number of crucial areas require much more research. These include the role of physical conduits including fibre-optic cables within circuits or power, of global networks of security and intelligence professionals, and of the minutiae of everyday social media practices. Three, research direction: the kinds of surveillance t...

2015

After Edward Snowden’s leaks revealed to the public in June 2013, mass surveillance programs still exist. Considering that these practices restrain the right to privacy, there is a need to rethink the very concept of mass surveillance. The aim of this paper is to analyse this concept, sum up the problems related to its logic and methods, and question its legitimacy. Critical approach to the concept of mass surveillance is necessary on order to create the basis for resolving current issues related to it. My research shows that there are reasons to question legitimacy of mass surveillance as it not only breaches the right to privacy but also ignores the presumption of innocence and there is possibly a substantial lack of oversight by the independent bodies which is necessary to make these practices democratic. Moreover, given that mass surveillance programs were introduced to fight terrorism and crime, it should be assessed how efficient they really are and whether they are worth havi...

Global Information Society Watch, 2014

Online surveillance, security and privacy are concerns that have been central to human rights activists for years – but with the recent revelations by former National Security Agency (NSA) contractor Edward Snowden of United States (US) government spying on citizens, the issues have reached global attention. This Global Information Society Watch tracks the state of communications surveillance in 57 countries across the world – countries as diverse as Hungary, India, Argentina, The Gambia, Lebanon and the United Kingdom. Each country report approaches the issue from a different perspective. Some analyse legal frameworks that allow surveillance, others the role of businesses in collecting data (including marketing data on children), the potential of biometrics to violate rights, or the privacy challenges when implementing a centralised universal health system. The perspectives from long-time internet activists on surveillance are also recorded. Using the 13 International Principles on the Application of Human Rights to Communications Surveillance as a starting point, eight thematic reports frame the key issues at stake. These include discussions on what we mean by digital surveillance, the implications for a human rights agenda on surveillance, the “Five Eyes” inter-government surveillance network led by the US, cyber security, and the role of intermediaries. These reports are published at a critical time: they show how rampant government surveillance is across the world, and how business is often complicit in this. They suggest action steps that civil society can take to push for a human rights framework for internet governance – and to expose what until now has remained hidden. GISWatch is published annually and is a joint initiative by the Association for Progressive Communications (APC) and the Humanist Institute for Development Cooperation (Hivos).

2018

University of New South Wales law journal, 2014

This article explores how Internet surveillance in the name of counter-terrorism challenges privacy. In the Part II, the article analyses the international dimension of counter-terrorism measures and the conceptualisation of data protection and privacy in the European Union, the United States of America and Australia. Part III compares the different concepts of data protection and privacy, and explores the prospects of an international legal framework for the protection of privacy. Part IV concludes that work on international data protection and privacy standards, while urgently needed, remains a long-term vision with particular uncertain prospects as far as anti-terrorism and national security measures are concerned.

Journal of Global Faultlines, 2014

Edward Snowden's revelations of massive data collecting surveillance conducted by the U.S. National Security Agency in June 2013 suggest that Franz Kafka's vision of a surveillance state has been globalised. A movement has developed in response to it urging reforms on an international scale. One feature of this debate lies in the idea of a global right to privacy. A global right to privacy suggests a global freedom from unjustified, bulk surveillance beyond the reaches of judicial oversight. While there are international covenants protecting the right to privacy, opinions on how such a right is enforced differ. This paper examines the nature of such a privacy right, its universal feasibility, and the arguments against it. It argues that privacy must keep pace with the technological applications that undermine it.