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. initiated by Fred Cate and James Dempsey to examine the 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.
This book is the culmination of a nearly six-year project to examine the systematic government access of private information from companies and other private-sector organizations. It provides twelve updated country reports to present both descriptive and normative frameworks for analyzing national surveillance laws, and to focus on international law, human rights law, and oversight mechanisms. It also explores the concept of accountability and the role of encryptionin shaping the surveillance debate. Cate and Dempsey conclude the book by offering recommendations for both government and industry.
The boundaries of what the State can, but should not do, is one of the most pressing legal, social, and ethical questions of our technology-driven age. If you want to gain a comprehensive insight into the complexities of this debate, this volume represents essential reading.
