Bulk Collection (eBook, PDF)

Systematic Government Access to Private-Sector Data
Redaktion: Cate, Fred H.; Dempsey, James X.

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 304
• Erscheinungstermin: 8. September 2017
• Englisch
• ISBN-13: 9780190685522
• Artikelnr.: 54793518

Autorenporträt

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 law school. From 2012 to January 2017, he served as a member of the Privacy and Civil Liberties Oversight Board, an independent federal agency charged with overseeing U.S. counterterrorism programs and advising senior policymakers. He is co-author (with David Cole) of Terrorism & the Constitution: Sacrificing Civil Liberties in the Name of National Security.

Inhaltsangabe

* 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