Bulk Collection: Systematic Government Access to Private-Sector Data

by Fred H. Cate (Editor), James X. Dempsey (Editor)

Overview

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. This book is the culmination of nearly six years of research initiated by Fred Cate and Jim Dempsey to examine national practices and laws regarding systematic government access to personal information held by private-sector companies. Leading an effort sponsored by The Privacy Projects, they commissioned a series of country reports, asking national experts to uncover what they could about government demands on telecommunications providers and other private-sector companies to disclose bulk information about their customers. Their initial research found disturbing indications of systematic access in countries around the world. These data collection programs, often undertaken in the name of national security, were cloaked in secrecy and largely immune from oversight, posing serious threats to personal privacy. After the Snowden leaks confirmed these initial findings, the project morphed into something more ambitious: an effort to explore what should be the rules for government access to private-sector data, and how companies should respond to government demands for access. This book contains twelve updated country reports plus eleven analytic chapters that present descriptive and normative frameworks for assessing national surveillance laws, survey evolving international law and human rights principles applicable to government surveillance, and describe oversight mechanisms. It also explores the concept of accountability and the role of encryption in shaping the surveillance debate. Cate and Dempsey conclude by offering recommendations for both governments and industry.

Product Details

ISBN-13:	9780190685539
Publisher:	Oxford University Press
Publication date:	09/08/2017
Sold by:	Barnes & Noble
Format:	eBook
Pages:	304
File size:	2 MB

About the Author

Fred H. Cate is Vice President for Research, Distinguished Professor, and C. Ben Dutton Professor of Law at Indiana University. The author of more than 150 articles and books and a frequent advisor to government and industry on privacy and security issues, he serves as a senior policy advisor to the Centre for Information Policy Leadership at Hunton & Williams LLP and is one of the founding editors of the OUP journal, International Data Privacy Law. James X. Dempsey is executive director of the Berkeley Center for Law & Technology at the University of California, Berkeley, School of Law. Previously, he was at the Center for Democracy & Technology, where he held a number of leadership positions, including Executive Director and head of CDT West. From 2012 to January 2017, he served as a member of the Privacy and Civil Liberties Oversight Board, an independent federal agency charged with advising senior policymakers and overseeing US counterterrorism programs. He is coauthor (with David Cole) of Terrorism & the Constitution: Sacrificing Civil Liberties in the Name of National Security.

Table of Contents

List of Contributors Acknowledgments Glossary of Acronyms and Abbreviations Introduction and Background Fred H. Cate and James X. Dempsey Part I: Country Reports Overview 1. Systematic Government Access to Private-Sector Data: a Comparative Analysis Ira S. Rubinstein, Gregory T. Nojeim and Ronald D. Lee Europe and the Middle East 2. Systematic Government Access to Private-Sector Data in France Winston Maxwell 3. Systematic Government Access to Private-Sector Data in Germany Paul M. Schwartz 4. Systematic Government Access to Private Sector Data in Israel Omer Tene 5. Systematic Government Access to Private-Sector Data in Italy Giorgio Resta The Americas 6. Systematic Government Access to Private-Sector Data in Brazil Bruno Magrani 7. Systematic Government Access to Private-Sector Data in Canada Jane Bailey and Sara Shayan 8. Systematic Government Access to Private-Sector Data in the United States I Stephanie Pell 9. Systematic Government Access to Private-Sector Data in the United States II: The US Supreme Court and Information Privacy Fred H. Cate and Beth E. Cate Asia and the Pacific 10. Systematic Government Access to Private-Sector Data in Australia Dan Jerker B. Svantesson 11. Systematic Government Access to Private-Sector Data in China Zhizheng Wang 12. Systematic Government Access to Private-Sector Data in India Sunil Abraham 13. Systematic Government Access to Private-Sector Data in Japan Motohiro Tsuchiya 14. Systematic Government Access to Private-Sector Data in the Republic of Korea Sang Jo Jong Part II: Governance and Oversight 15. Chapter 5: Organisational Accountability, Government Use of Private Sector Data, National Security, and Individual Privacy James X. Dempsey, Fred H. Cate, and Martin Abrams 16. Chapter 6: Surveillance and Privacy Protection in Latin America: Examples, Principles, and Suggestions Eduardo Bertoni and Collin Kurre 17. Trust But Verify: The Importance of Oversight and Transparency in the Pursuit of Public Safety and National Security Scott Charney 18. Regulating Foreign Surveillance through International Law Ashley Deeks 19. Preventing the Police State: International Human Rights Laws Concerning Systematic Government Access to Communications Held or Transmitted by the Private Sector Sarah St. Vincent 20. Standards for Independent Oversight: the European Perspective Nico van Eijk 21. Stakeholders in Reform of the Global System for Mutual Legal Assistance [New 5550 words] Peter Swire Justin Hemmings 22. From Real-Time Intercepts to Stored Records: Why Encryption Drives the Government to Seek Access to the Cloud Peter Swire Part III: Conclusion 23. Recommendations for Government and Industry James X. Dempsey and Fred H. Cate Part IV: Appendices Participants, Washington, April 3, 2012 Participants, London, June 3, 2013 Participants, Brussels, November 12, 2013 Participants, Montreal, May 9, 2014 Participants, London, May 30, 2014 Participants, London, March 1-2, 2016 Index

Editorial Reviews

"Jim Dempsey and Fred Cate have compiled both a remarkable survey of surveillance practices around the world and a pragmatic framework of accountability and oversight principles that can protect human rights while defending national security." - U.S. Senator Patrick Leahy

"We live in a world where data can help governments fight crime and terrorism, but that same data often resides in the hands of individuals or private companies governed by different national laws. With security, rights, and laws increasingly in conflict, this book couldn't be more timely." - Brad Smith, President and Chief Legal Officer, Microsoft Corporation

"The boundaries of what the State can, but should not do, is one of the most pressing legal, social, and ethical questions of our technology-driven age. If you want to gain a comprehensive insight into the complexities of this debate, this volume represents essential reading." - Giovanni Buttarelli, European Data Protection Supervisor

From the Publisher