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Mass Surveillance Threatens Digital Security And Human Rights, Says European
Report
Posted Jan 26, 2015 by Natasha Lomas (@riptari)
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[edward-snowden-nova-1024x575.jpg?w=738]
A 32-page report into mass surveillance by a top European rights body
has warned that digital dragnets set up by U.S. government intelligence
agencies, and some of the U.S.’ allies in Europe and elsewhere, are
endangering fundamental human rights — such as the right to privacy, to
freedom of information and expression, to freedom of religion, and to
the right to a fair trial.
NSA whistleblower Edward Snowden gave evidence to the committee last
year, including revealing that U.S. government intelligence agencies
spied on NGOs and human rights organizations.
The Parliamentary Assembly of the Council of Europe (PACE) report also
expresses deep concern about threats to Internet security by what it
describes as “the practice of certain intelligence agencies”, as
disclosed in the Snowden files, of “seeking out systematically, using
and even creating ‘back doors’ and other weaknesses in security
standards and implementation, which could easily be exploited also by
terrorists and cyber-terrorists or other criminals”.
The PACE report comes just days after the U.K. Prime Minister appeared
to call for a ban on strong encryption, arguing that national security
agencies should be able to gain access to all digital communications.
And — just today — the U.K.’s House of Lords was debating amendments to
a new counter-terrorism bill that sought to (again) revive a so-called
Snooper’s Charter by forcing blanket retention of communications
metadata on digital companies, despite such comms dragnets being ruled
disproportionate and struck down by the European Court of Justice last
year.
Following the ECJ strike down, the U.K. government passed “emergency”
interception legislation, aka DRIPA, to fill the legislative gap (DRIPA
has a sunset clause, hence attempts to inject similar measures in the
separate counter-terrorism bill). And was roundly criticized for
rushing DRIPA through parliament, without allowing for proper
parliamentary scrutiny.
In its report PACE expresses specific concerns about the
anti-democratic practices and structures that have developed to enable
mass surveillance, noting it is “deeply worried by the extensive use of
secret laws, secret courts and secret interpretations of such laws,
which are very poorly scrutinized”.
The report adds:
In several countries, a massive “Surveillance-Industrial Complex”
has evolved, fostered by the culture of secrecy surrounding
surveillance operations, their highly technical character and the
fact that both the seriousness of alleged threats and the need for
specific counter-measures and their costs and benefits are difficult
to assess for political and budgetary decision-makers without
relying on input from interested groups themselves. These powerful
structures risk escaping democratic control and accountability and
threaten the free and open character of our societies.
PACE highlights for censure one such workaround for circumventing
national privacy laws whereby certain countries — notably among the
so-called Five Eyes (aka: U.S., U.K., Canada, Australia, New Zealand) —
share data on each others’ citizens, since foreigners’ privacy rights
are not nationally enshrined.
PACE’s report is not anti-surveillance, rather it is arguing for
“effective, targeted surveillance” of specific suspects — contrasting
that with resource-intensive mass surveillance, which it notes has not
been found to have contributed to the prevention of terrorist attacks,
according to various independent U.S. reviews, and “contrary to earlier
assertions made by senior intelligence officials”.
“Instead, resources that might prevent attacks are diverted to mass
surveillance, leaving potentially dangerous persons free to act,” it
adds.
A new privacy-protecting legal framework is required, in PACE’s view,
to rebuild trust between European States, and between Europe and the
U.S., post-Snowden. Building in robust protections for whistleblowers,
such as Snowden, who are exposing unlawful surveillance practices is
also key here.
In order to rebuild trust among the transatlantic partners, among
the member states of the Council of Europe and also between citizens
and their own governments, a legal framework must be put in place at
the national and international level which ensures the protection of
human rights, especially that which secures the right to privacy. An
effective tool for the enforcement of such a legal and technical
framework, besides enhanced judicial and parliamentary scrutiny, is
credible protection extended to whistle-blowers who
expose violations.
In its series of non-binding recommendations to European Union Member
States PACE also calls for judicial oversight to be baked into national
laws that sanction the collection and analysis of personal data
(unless individuals have given their consent for their data to be
taken). And it suggests court orders should be granted “on the basis of
reasonable suspicion of the target being involved in criminal
activity”.
So, in other words, that surveillance should always be targeted —
never a fishing expedition.
It adds:
…unlawful data collection and treatment should be penalised in the
same way as the violation of the traditional mail secret ;
the creation of “backdoors” or any other techniques to weaken or
circumvent security measures or exploit their existing weaknesses
should be strictly prohibited; all institutions and businesses
holding personal data should be held to apply the most effective
security measures available;
It also calls for a multilateral “Intelligence Codex” for nation
states’ intelligence services to lay down rules governing
counter-terror and organized crime “cooperation” — to ensure that
countries apply the same rules to surveillance of each other’s citizens
as their own to avoid the ‘back-channel’ snooping within the Five Eyes.
PACE also follows Snowden’s lead in calling for privacy-protections to
be baked into more consumer products.
The report can be read in full here.
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