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Content Type: Long Read
Introduction
A growing number of governments around the world are embracing hacking to facilitate their surveillance activities. Yet hacking presents unique and grave threats to our privacy and security. It is far more intrusive than any other surveillance technique, capable of accessing information sufficient to build a detailed profile of a person, as well as altering or deleting that information. At the same time, hacking not only undermines the security of targeted systems, but also has…
Content Type: Long Read
This piece was written by Ashley Gorski, who is an attorney at the American Civil Liberties Union, and PI legal officer Scarlet Kim and originally appeared in The Guardian here.
In recent weeks, the Hollywood film about Edward Snowden and the movement to pardon the NSA whistleblower have renewed worldwide attention on the scope and substance of government surveillance programs. In the United States, however, the debate has often been a narrow one, focused on the…
Content Type: Long Read
This week, Privacy International, together with nine other international human rights NGOs, filed submissions with the European Court of Human Rights. Our case challenges the UK government’s bulk interception of internet traffic transiting fiber optic cables landing in the UK and its access to information similarly intercepted in bulk by the US government, which were revealed by the Snowden disclosures. To accompany our filing, we have produced two infographics to illustrate the…
Content Type: Press release
Key points
Privacy International, Liberty, Amnesty International, and seven other human rights organizations challenge UK mass surveillance and UK access to US mass surveillance at the European Court of Human Rights
This is the first case before the European Court of Human Rights to directly challenge UK and US mass surveillance revealed by the Snowden disclosures
National courts and oversight bodies have failed to rein in mass surveillance practices that impact hundreds of millions of…
Content Type: Press release
Today, Privacy International, together with five internet and communications providers from around the world, have lodged an application before the European Court of Human Rights to challenge the British Government's use of bulk hacking abroad. Until we brought our original case at the Investigatory Powers Tribunal (IPT) in 2014, the Government had never admitted that it engaged in hacking. Now we are learning for the first time how far-reaching the Government's global hacking capabilities are…
Content Type: Press release
Privacy International General Counsel Caroline Wilson Palow said
"Today's opinion issued by the Advocate General of the European Court of Justice (ECJ) is a serious blow to the UK's Investigatory Powers Bill (IPBill). It, hopefully, presages a strong judgment from the Court itself.
The bulk powers - what we would call mass surveillance powers - embedded throughout the IPBill go far beyond tackling serious crime. They would give a range of public bodies, not just the Police and…
Content Type: Long Read
This piece originally appeared here.
On both sides of the Atlantic, we are witnessing the dramatic expansion of government hacking powers. In the United States, a proposed amendment to Rule 41 of the Federal Rules of Criminal Procedure would permit the government to obtain a warrant, in certain circumstances, to hack unspecified numbers of electronic devices anywhere in the world. Meanwhile, across the pond, the British Parliament is currently debating the Investigatory…
Content Type: Press release
Tomorrow, Privacy International and Open Rights Group will argue that wholesale and indiscriminate retention of our personal data is not permissible. The case, brought by MPs Tom Watson and David Davis against the Data Retention and Investigatory Powers Act 2014 (DRIPA), and in which PI intervened, will be heard in the European Court of Justice (CJEU) on 12 April. It has the potential to send shockwaves through the Investigatory Powers Bill, the controversial…
Content Type: Press release
In response to the Investigatory Powers Tribunal (IPT) ruling today that GCHQ's hacking is lawful, we have issued the following press statement:
"We are disappointed by the IPT’s judgment today, which has found Government hacking lawful based on a broad interpretation of a law dating back to 1994, when the internet and mobile phone technology were in their infancy.
Until we brought this case, GCHQ would neither confirm nor deny that it was they were engaging in mass hacking of…
Content Type: Long Read
The Investigatory Powers Tribunal (“IPT”) today held that GCHQ hacking of computers, mobile devices and networks is lawful, wherever it occurs around the world. We are disappointed that the IPT has not upheld our complaint and we will be challenging its findings.
Our complaint is the first UK legal challenge to state-sponsored hacking, an exceptionally intrusive form of surveillance. We contended that GCHQ hacking operations were incompatible with democratic principles and human rights…
Content Type: Press release
Documents released today confirm GCHQ, the UK intelligence agency, is hacking computers in the United Kingdom without individual warrants. The documents contain previously unknown details and defenses of GCHQ's use of "thematic warrants" to hack. The legal challenge in which these documents are being disclosed was brought by Privacy International and seven internet and communications service providers from around the world in response to disclosures made by Edward Snowden.…
Content Type: Press release
The UK’s Investigatory Powers Tribunal (IPT) today notified the ten NGO claimants in a legal challenge against GCHQ mass surveillance practices that the Tribunal had mistakenly omitted information about unlawful GCHQ actives in their judgment from ten days ago . In an email to the claimants, including Privacy International, the Court admitted that in its 22nd June 2015 judgment it wrongly failed to declare that Amnesty International had been subject to unlawful surveillance…
Content Type: Press release
The Investigatory Powers Tribunal (IPT) today revealed that the UK Government Communications Headquarters (GCHQ) spied on two international human rights organisations, failed to follow ITS own secret procedures and acted unlawfully.
The targeted NGOs are the South African Legal Resources Centre (LRC) and the Egyptian Initiative for Personal Rights (EIPR). Both are leading civil liberties organisations and co-claimants alongside Privacy International, Liberty,…
Content Type: Press release
The Government has quietly ushered through legislation amending the anti-hacking laws to exempt GCHQ from prosecution. Privacy International and other parties were notified of this just hours prior to a hearing of their claim against GCHQ's illegal hacking operations in the Investigatory Powers Tribunal.
In its legal filings, sent to Privacy International only the day before the hearing began, the Government notified claimants that the Computer Misuse Act was rewritten on 3 March 2015 to…
Content Type: Long Read
Few revelations have been been as troubling for the right to privacy as uncovering the scope of the Five Eyes alliance. The intelligence club made up of Australia, Canada, New Zealand, the United Kingdom and the United States has integrated its collection efforts, staff, bases, and analysis programs. Yet the legal rulebook governing how the agencies ensure the most comprehensive joint surveillance effort in the history of mankind remains secret.
The little that is known suggests a…
Content Type: Press release
Privacy International and several other human rights organisations are taking the UK Government to the European Court of Human Rights over its mass surveillance practices, after a judgement last year found that collecting all internet traffic flowing in and out of the UK and bulk intelligence sharing with the United States was legal.
The appeal, filed last week by Privacy International, Bytes for All, Amnesty International, Liberty, and other partners, comes in response to a…
Content Type: Press release
The British Government has admitted its intelligence services have the broad power to hack into personal phones, computers, and communications networks, and claims they are legally justified to hack anyone, anywhere in the world, even if the target is not a threat to national security nor suspected of any crime.
These startling admissions come from a government court document published today by Privacy International. The document was filed by the government in response to two …
Content Type: News & Analysis
Privacy International, Bytes for All and other human rights groups are celebrating a major victory against the Five Eyes today as the UK surveillance tribunal rules that GCHQ acted unlawfully in accessing millions of private communications collected by the NSA up until December 2014.
Today’s judgement represents a monumental leap forward in efforts to make intelligence agencies such as GCHQ and NSA accountable to the millions of individuals whose privacy they have violated.
The…
Content Type: Long Read
As Privacy International celebrates Friday's victory against Britain’s security services - the first such victory this century - we cannot help but feel the success is bittersweet.
After all, we may have convinced the Investigatory Powers Tribunal that GCHQ was acting unlawfully in accessing NSA databases filled with billions of emails and messages, but with a few technical adjustments the intelligence services have managed to insure themselves against any further challenge, at least in…
Content Type: Press release
British intelligence services acted unlawfully in accessing millions of people’s personal communications collected by the NSA, the Investigatory Powers Tribunal ruled today. The decision marks the first time that the Tribunal, the only UK court empowered to oversee GHCQ, MI5 and MI6, has ever ruled against the intelligence and security services in its 15 year history.
The Tribunal declared that intelligence sharing between the United States and the…
Content Type: Long Read
Modern day government surveillance is based on the simple concept of “more is more” and “bigger is better”. More emails, more text messages, more phone calls, more screenshots from Skype calls. The bigger the haystack, the more needles we can find.
Thanks to Edward Snowden, we know that this fundamental idea drives intelligence agencies like the NSA and GCHQ - the desire to collect it all, to generate gigantic haystacks through which to trawl. In the almost two years since the first of Snowden…
Content Type: Press release
The Investigatory Powers Tribunal (IPT) today followed its previous judgments in finding that UK security services may in principle carry out mass surveillance of all fibre optic cables entering or leaving the UK under RIPA, the 2000 law that pre-dates the modern internet.
In summary, the Tribunal in today's decision said the system of mass surveillance disclosed by Edward Snowden could in principle be lawful. But the Tribunal has asked for more submissions about whether…
Content Type: Long Read
Many people imagine intelligence sharing to be a practice whereby men in trench coats silently slide manilla envelopes containing anonymous tip-offs or intelligence reports marked TOP SECRET across tables in smoke-filled rooms.
While such practices certainly exist, they represent only a tiny slice of intelligence sharing activities, and are vastly overshadowed by the massive exchange of bulk unanlysed (raw) intelligence data that takes place between the UK and its Five Eyes allies.…
Content Type: Press release
Britain's intelligence services do not need a warrant to receive unlimited bulk intelligence from the NSA and other foreign agencies, and can keep this data on a massive searchable database for up to two years, according to secret internal policies revealed today by human rights organisations.
Details of previously unknown internal policies, which GCHQ was forced to reveal during legal proceedings challenging their surveillance practices in the wake of the Snowden revelations, reveal…
Content Type: Long Read
Bad analogies about surveillance technology pervade newspaper reports, politicians’ speeches, and legal arguments. While it’s natural to want simple explanations to understand complex technology, it does us a disservice when governments, the media, or the courts mislead us through analogies that are inadequate. It is even worse if these analogies are used as a basis for policy change.
Privacy International’s legal challenge against GCHQ’s mass surveillance rests…
Content Type: News & Analysis
From Monday 14 to Friday 18 July, the British intelligence agencies and the Ministers responsible for them will be under the spotlight in an historic case to determine whether GCHQ's mass communications surveillance activities are a violation of Britain's human rights obligations.
Privacy International, along with Amnesty International, Liberty, the American Civil Liberties Union, Pakistani organisation Bytes for All and others, have brought the case before the Investigatory Powers Tribunal (…
Content Type: Press release
Britain’s top counter-terrorism official has been forced to reveal a secret Government policy justifying the mass surveillance of every Facebook, Twitter, Youtube and Google user in the UK.
This disturbing policy was made public due to a legal challenge brought by Privacy International, Liberty, Amnesty International, the American Civil Liberties Union, Pakistani organisation Bytes for All, and five other national civil liberties organisations[fn]Canadian Civil Liberties…
Content Type: Press release
Privacy International today filed a legal complaint demanding an end to the unlawful hacking being carried out by GCHQ which, in partnership with the NSA, is infecting potentially millions of computer and mobile devices around the world with malicious software that gives them the ability to sweep up reams of content, switch on users' microphones or cameras, listen to their phone calls and track their locations.
The complaint, filed in the UK’s Investigatory Powers Tribunal, is the…
Content Type: Long Read
Today, Privacy International lodged a legal challenge to GCHQ's extensive and intrusive hacking of personal computers and devices. Below, we answer a few questions about the law underlying our complaint, and why it matters.
Is hacking legal?
As a result of the Snowden revelations, we have learned that GCHQ, often in partnership with the NSA, has been using malicious software to intrude upon our computers and mobile devices.
This type of activity, often called "hacking," is a…
Content Type: News & Analysis
Privacy International's partner organisation, Bytes for All, has filed a complaint against the Government, decrying the human rights violations inherent in such extensive surveillance and demonstrating how the UK's mass surveillance operations and its policies have a disproportionate impact on those who live outside the country.
Bytes for All, a Pakistan-based human rights organization, filed its complaint in the UK Investigatory Powers Tribunal (IPT), the same venue in which Privacy…