Latest in Surveillance

DOJ Office of the Inspector General

Document: Inspector General Report on DEA Bulk Data Collection

The Office of the Inspector General for the Department of Justice has released a report on the Drug Enforcement Agency's use of administrative subpoenas for bulk data collection and exploitation, without comprehensive legal review, in drug investigations involving Americans. The full report is available here and below.

 

Encryption

Perspectives on Encryption and Surveillance

In August 2018, the leading international academic conference on cryptography hosted a Workshop on Encryption and Surveillance. The workshop explored both legal and technical aspects of the ongoing debate over the impact of strong encryption and law enforcement surveillance capabilities. The workshop was co-chaired by Tim Edgar (Brown University), Joan Feigenbaum (Yale University), and me. As we described it at the time:

Intelligence Oversight

Summary: Big Brother Watch and Others v. the United Kingdom

On Sept. 13, the European Court of Human Rights (ECHR) ruled that the United Kingdom’s bulk data-collection programs violate human-rights law by failing to incorporate adequate privacy safeguards and oversight—but that mass surveillance and intelligence sharing did not violate international law.

surveillance

The ‘Big Brother Watch’ Ruling on U.K. Surveillance Practices: Key Points from an American Perspective

Last month, a divided chamber of the European Court of Human Rights (“ECHR”) (that is, a panel of seven judges from ECHR’s “First Section”) issued an opinion declaring several aspects of British surveillance law to be in violation of the European Convention on Human Rights. The case is called, perhaps inevitably, Big Brother Watch and Others v. The United Kingdom. The opinion is ponderous, to say the least.

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