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31. Guide to Section 702 Reform

Author:
Gary Ashcroft and Roger Huddle
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Third Way
Abstract:
Before the end of the year, Congress must revisit the FISA Amendments Act (FAA), a law which, together with its provision known as Section 702, is one of the U.S.'s most valuable and controversial tools to combat threats to the nation. Lawmakers are considering a number of reform proposals as they decide how to reauthorize the law. While we believe it is an important tool, it has some serious flaws when it comes to Americans’ privacy. We would ask members of Congress to ensure that any reform address two problem areas in Section 702: (1) domestic law enforcement access to foreign intelligence records and (2) the international distrust of U.S. tech companies that comply with Section 702. This paper is a primer on Section 702 and reforms for that law. Part I explains how government surveillance works generally. Part II explains Section 702 specifically. Part III details reasons to reform the law to address civil liberties and economic concerns. And Part IV examines potential reforms that have been under discussion.
Topic:
Security, Privacy, Surveillance, and Civil Liberties
Political Geography:
United States and North America

32. The Creation of Knowledge in Society: Waste Defined by Property and Exchange

Author:
Art Carden
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Independent Institute
Abstract:
First-user appropriation of private property is defensible on several grounds, and it meets Locke’s “enough, and as good” proviso by actually providing “more, and better” and by creating an institutional context in which objects can be defined as goods. This essay considers Locke’s prohibition against waste and argues that private property and exchange also allow us to define what it means for something to be “wasted” by conveying useful knowledge about alternative uses of resources to their owners.
Topic:
Privacy and Political and institutional effectiveness
Political Geography:
Global Focus

33. Breaking Issue – iPhone vs. the FBI: Government Surveillance in the Post-Snowden Era

Author:
Amy Gaudion, John MacCormick, and Tony Williams
Publication Date:
04-2016
Content Type:
Video
Institution:
Clarke Forum for Contemporary Issues
Abstract:
Should Apple help the FBI unlock the iPhone used by the shooter in the recent San Bernardino attack? These panelists address this question and the significant security, legal, and technological issues it raises, particularly those connected to privacy and security.
Topic:
Security, Government, Science and Technology, Law Enforcement, Privacy, and Surveillance
Political Geography:
North America and United States of America

34. A Pragmatic Approach to the Right to Be Forgotten

Author:
Nigel Shadbolt, Wendy Hall, and Keiron O'Hara
Publication Date:
03-2016
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
In May 2014, the world of privacy regulation, data handling and the World Wide Web changed dramatically as a result of judgment C-131/12 in the CJEU. The so-called Google Spain decision confirmed that EU data protection legislation gives data subjects the right to request search engines to de-index webpages that appear in the search results on their names. The search engine is not obliged to agree to such requests — certain conditions have to be met and tests applied — but it is not free simply to ignore them. The decision drew on the 1995 DPD2 and the Charter of Fundamental Rights of the European Union, and is consistent with a general direction toward more aggressive protection of privacy rights in Europe, as evidenced by the annulment of the Data Retention Directive, also in 2014 (CJEU 2014). Nevertheless, despite these antecedents, it has been seen as a major step in establishing a right to be forgotten.
Topic:
Science and Technology, Communications, Mass Media, Global Markets, Information Age, Digital Economy, and Privacy
Political Geography:
United States and Global Focus

35. La Protection des Données Personnelles dans le Cadre du Secteur de la Sécurité au Maroc (The Protection of Personal Data in Relation to the Security Sector in Morocco)

Author:
Cécile Guy, Alizée Henry, and Habib Belkouch
Publication Date:
10-2015
Content Type:
Special Report
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This report summarizes the discussions at the seminar on the protection of personal data in relation to the security sector in Morocco, held in Rabat on 19 and 20 October 2015. It aims to assess the situation of the protection of personal data in relation to the security sector in Morocco on the one hand, and to sensitize stakeholders to the importance of protecting citizens' privacy as an issue of major security governance in connected companies on the other hand.
Topic:
Security, Science and Technology, Governance, Privacy, and Surveillance
Political Geography:
Geneva, Europe, North Africa, and Morocco

36. Kosovo Security Barometer Special Edition on Citizens Perceptions on Personal Data Protection

Author:
Sofije Kryeziu
Publication Date:
01-2015
Content Type:
Special Report
Institution:
Kosovar Centre for Security Studies (KCSS)
Abstract:
This edition of the KSB covers three main issues related to privacy and data protection: - Awareness on the Rights on Privacy and Personal Data Protection - Awareness regarding the National Agency for Personal Data Protection - Kosovo citizens’ concerns regarding the potential misuse of personal data
Topic:
Security, Science and Technology, Public Opinion, Privacy, Survey, and Data
Political Geography:
Eastern Europe, Kosovo, and Balkans

37. Kosovo Security Barometer - Fourth Edition

Author:
Kosovar Centre for Security Studies (KCSS)
Publication Date:
12-2014
Content Type:
Special Report
Institution:
Kosovar Centre for Security Studies (KCSS)
Abstract:
The fourth edition of the KSB provides a summary of public perceptions on: security and justice institutions; risks and threats towards citizens and economic stability; and internal and external threats. Compared to the previous versions, this edition of the KSB includes respondents’ answers to a set of additional questions pertaining to data protection. The survey was carried out in the second half of October 2014, through face-to-face interviews conducted around Kosovo.The national sample from which the research was drawn featured 1,101 households, following a representative sample of the population above 18 years old in Kosovo. The ethnic breakdown of the interviewed respondents used for the purposes of this ediction of the KSB was: 87.92percent K-Albanian, 9.08 percent K-Serbian, and 3 percent others (Bosnian 1.0 percent, Turks 1.0 percent, and RAE 1.0 percent). Perceptions presented in this report are a summary of information gathered from respondents and it only demonstrates how people perceive these institutions. Hence, this report does not represent a conclusive assessment of the quality of the work of the institutions subject to this study.
Topic:
Security, Public Opinion, Privacy, Institutions, Survey, Economic Stability, and Data Collection
Political Geography:
Europe, Kosovo, and Balkans

38. Lawful Interception of Telecommunications in Kosovo: Security Implications

Author:
Shpend Kursani
Publication Date:
10-2011
Content Type:
Working Paper
Institution:
Kosovar Centre for Security Studies (KCSS)
Abstract:
Building upon the current multitude security actor environment and legislative set-up, this paper assesses the interception of telecommunications in Kosovo as a sensitive, yet very effective measure of investigation. It elaborates in detail the current problems pertaining to interception of telecommunications which include the legislative gaps, the overlap created by poorly defined authority over the execution of orders of interception of telecommunications and the lack of cooperation not only between the domestic and international security institutions present in Kosovo but within the domestic security institutions as well. The analysis is not limited to the security institutions per se; the paper further extends on to the procedures and cooperation that exist between the security institutions and the telecommunications operators as well as their capabilities and infrastructural set-up which are important in preventing misuse of private data throughout the process of lawful interception of telecommunications. Based on the policy objectives that this paper draws, policy recommendations are provided which in general and among other things include the enhancement of the current legislation, the establishment of a central system that would boost cooperation between all the security actors, the introduction of new and advancement of current inspection and monitoring mechanisms. The implementation of the recommendations would ensure an effective lawful interception of telecommunications on the one hand and protection of privacy as a fundamental human right on the other hand.
Topic:
Security, Human Rights, Privacy, Institutions, and Telecommunications
Political Geography:
Europe, Kosovo, and Balkans