Towards Coherent Regulation of Law Enforcement Surveillance in the Network Society

In this paper, we study the evolution of telecommunications technology and its impact on law enforcement surveillance. Privacy and the need for law enforcement to conduct investigations have not been at the center of the recent public policy debate. Yet, policy environments have approved law enforcement surveillance that can be and is intrusive. Law enforcement surveillance therefore deserves particular attention when discussing the basic human right to privacy. We illustrate that despite the gradual acceptance of the basic human right to privacy, in the digital age the United States (US) government continues its historical pattern of using technology to enhance its power of search . The most recent example is the installation of the Digital Collection System 1000 (DCS1000), formerly known as Carnivore, a classified packet sniffer, on American networks by the American federal law enforcement agency.NSF grant 9985433; HP equipment gran

Privacy in (mobile) telecommunications services

Telecommunications services are for long subject to privacy regulations. At stake are traditionally: privacy of the communication and the protection of traffic data. Privacy of the communication is legally founded. Traffic data subsume under the notion of data protection and are central in the discussion. The telecommunications environment is profoundly changing. The traditionally closed markets with closed networks change into an open market with open networks. Within these open networks more privacy sensitive data are generated and have to be exchanged between growing numbers of parties. Also telecommunications and computer networks are rapidly being integrated and thus the distinction between telephony and computing disappears. Traditional telecommunications privacy regulations are revised to cover internet applications. In this paper telecommunications issues are recalled to aid the on-going debate. Cellular mobile phones have recently be introduced. Cellular networks process a particular category of traffic data namely location data, thereby introducing the issue of territorial privacy into the telecommunications domain. Location data are bound to be used for pervasive future services. Designs for future services are discussed and evaluated for their impact on privacy protection.</p

Reinventing Media Activism: Public Interest Advocacy in the Making of U.S. Communication-Information Policy, 1960-2002

This report is a long-term analysis of citizens' collective action to influence public policy toward communication and information. The work discusses in greater detail what is meant by communication and information policy (CIP) and why we think it is worthwhile to study it as a distinctive domain of public policy and citizen action. The report concentrates on citizen action in the United States and looks backwards, tracing the long-term evolutionary trajectory of communications-information advocacy in the USA since the 1960s. We focus on the concept of citizen collective action and explain its relevance to CIP.Research supported by the Ford Foundation's Knowledge, Creativity and Freedom Program. The views expressed are those of the author and do not necessarily represent the views of the School of Information Studies, Syracuse University, or the Ford Foundation

Surveillance, big data and democracy: lessons for Australia from the US and UK

This article argues that current laws are ill-equipped to deal with the multifaceted threats to individual privacy by governments, corporations and our own need to participate in the information society. Introduction In the era of big data, where people find themselves surveilled in ever more finely granulated aspects of their lives, and where the data profiles built from an accumulation of data gathered about themselves and others are used to predict as well as shape their behaviours, the question of privacy protection arises constantly. In this article we interrogate whether the discourse of privacy is sufficient to address this new paradigm of information flow and control. What we confront in this area is a set of practices concerning the collection, aggregation, sharing, interrogation and uses of data on a scale that crosses private and public boundaries, jurisdictional boundaries, and importantly, the boundaries between reality and simulation. The consequences of these practices are emerging as sometimes useful and sometimes damaging to governments, citizens and commercial organisations. Understanding how to regulate this sphere of activity to address the harms, to create an infrastructure of accountability, and to bring more transparency to the practices mentioned, is a challenge of some complexity. Using privacy frameworks may not provide the solutions or protections that ultimately are being sought. This article is concerned with data gathering and surveillance practices, by business and government, and the implications for individual privacy in the face of widespread collection and use of big data. We will firstly outline the practices around data and the issues that arise from such practices. We then consider how courts in the United Kingdom (‘UK’) and the United States (‘US’) are attempting to frame these issues using current legal frameworks, and finish by considering the Australian context. Notably the discourse around privacy protection differs significantly across these jurisdictions, encompassing elements of constitutional rights and freedoms, specific legislative schemes, data protection, anti-terrorist and criminal laws, tort and equity. This lack of a common understanding of what is or what should be encompassed within privacy makes it a very fragile creature indeed. On the basis of the exploration of these issues, we conclude that current laws are ill-equipped to deal with the multifaceted threats to individual privacy by governments, corporations and our own need to participate in the information society