I'd be grateful for any feedback on this new report to the European
Parliament (co-authored with the Centre for European Policy Studies)
http://www.europarl.europa.eu/committees/en/studiesdownload.html?languageDocument=EN&file=79050
It contains (c.f. s.3.2-3.4, 4.4, Recommendations) an analysis of the
international human rights dimension of FISAAA 2008 1881a (aka s.702).
FYI there will be a session about these themes at CPDP on Jan 25th in
Brussels, featuring the NSA whistleblower Bill Binney
There doesn't seem to be any European media interest in the current US
debate on FISA re-authorization
http://www.huffingtonpost.com/2012/12/27/fisa-senate-vote_n_2372720.html
If anyone knows of European journalists specializing in this area, would
be grateful for pointers offlist
--
Caspar Bowden
Some excerpts to give the flavour:
=====================
- The implications for EU Fundamental Rights flow from the definition of
“foreign intelligence information”, which includes "information with
respect to a foreign-based political organization or foreign territory
that relates to the conduct of the foreign affairs of the United
States". In other words, it is lawful in the US to conduct purely
political surveillance on foreigners' data accessible in US Clouds.
- FISAA §1881a can be seen as a categorically much graver risk to EU
data sovereignty than other laws hitherto considered by EU policy-makers:
--- new NSA data centres constructed for storage and analysis on an
unprecedented scale
--- the extension of scope from communications-in-transit to include
data inside US Clouds
--- whistleblower reports of the sophistication of data analysis
contemplated
--- the express targeting of foreign data without safeguards applicable
to US citizens
--- a doctrine of indiscriminate collection, which only seeks to control
subsequent access
Remarkably, it does not appear that the EU Commission, national DPAs, or
the European Parliament had any awareness of FISAAA 1881a until mid-2011...
- Where cloud computing is possibly the most disruptive, then, is not in
the new possibilities it offers to criminals and fraudsters, but in the
fact that it breaks away from the forty-year-old legal model for
international data transfers.
=========================
****************************************************
This is a message from the SURVEILLANCE listserv
for research and teaching in surveillance studies.
To unsubscribe, please send the following message to
<[log in to unmask]>:
UNSUBSCRIBE SURVEILLANCE
For further help, please visit:
http://www.jiscmail.ac.uk/help
****************************************************
|