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On 6 February 2021, the Constitutional Court of South Africa in a historic judgment declared unconstitutional years of secret and unchecked surveillance by South African authorities against millions of people - irrespective of whether they reside in South Africa.
The Court powerfully placed the judgment in historical context:
The constitutionally protected right to privacy seeks to be one of the guarantees that South Africa will not again act like the police state that it was under apartheid…
Content Type: Long Read
What’s the ruling all about?
The Constitutional Court of South Africa in a historic judgment declared that bulk interception by the South African National Communications Centre is unlawful and invalid. Furthermore, the Constitutional Court found that the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) 1) was deficient in failing to provide at least a post-notification procedure for subjects of interception; 2) failed to ensure the…
Content Type: News & Analysis
Today, the Constitutional Court of South Africa in a historic judgment declared that bulk interception by the South African National Communications Centre is unlawful and invalid.
The judgment is a confirmation of the High Court of South Africa in Pretoria’s powerful rejection of years of secret and unchecked surveillance by South African authorities against millions of people - irrespective of whether they reside in South Africa.
The case was brought by two applicants, the amaBhungane Centre…
Content Type: Long Read
Privacy and security are both essential to protecting individuals, including their autonomy and dignity. Undermining privacy undermines the security of individuals, their devices and the broader infrastructure. People need privacy to freely secure themselves, their information, and fully enjoy other rights. However, a growing number of governments around the world are embracing hacking to facilitate their surveillance activities.
As a form of government surveillance, hacking presents…
Content Type: News & Analysis
Today, the High Court of South Africa in Pretoria in a historic decision declared that bulk interception by the South African National Communications Centre is unlawful and invalid.
The judgment is a powerful rejection of years of secret and unchecked surveillance by South African authorities against millions of people - irrespective of whether they reside in South Africa.
The case was brought by two applicants, the amaBhungane Centre for Investigative Journalism and journalist Stephen…
Content Type: News & Analysis
Federal law enforcement is deploying powerful computer hacking tools to conduct domestic criminal and immigration investigations.
By Alex Betschen, Student Attorney, Civil Liberties & Transparency Clinic, University at Buffalo School of Law
Hacking by the government raises grave privacy concerns, creating surveillance possibilities that were previously the stuff of science fiction. It also poses a security risk, because hacking takes advantage of unpatched vulnerabilities in our…
Content Type: Press release
FOR IMMEDIATE RELEASE
December 21, 2018
CONTACTS:
Alex Betschen, Civil Liberties & Transparency Clinic, [email protected], 716–531–6649
Colton Kells, Civil Liberties & Transparency Clinic, [email protected], 585–766–5119
Abdullah Hasan, ACLU, [email protected], 646–905–8879
NEW YORK — Privacy International, the American Civil Liberties Union, and the Civil Liberties & Transparency Clinic of the University at Buffalo School of Law filed a lawsuit today…
Content Type: News & Analysis
This piece was originally published on Just Security.
Ten years ago, an FBI official impersonated an Associated Press reporter to lure and track a teenager suspected of sending in prank bomb threats to his school. To find him, the FBI agent, posing as a reporter, sent the teenager links to a supposed story he was working on, but the links were infested with malware that once clicked on quickly exposed the teen’s location. More recently, the FBI has seized and modified websites so…
Content Type: News & Analysis
Our intervention comes on the back of mounting evidence that the South African state’s surveillance powers have been abused, and so-called “checks & balances” in RICA have failed to protect citizens’ constitutional right to privacy.
Among our core arguments are:
That people have a right to be notified when their communications have been intercepted so that they can take action when they believe their privacy has been unlawfully breached. Currently RICA prevents such notification, unlike…
Content Type: Long Read
This piece was orignally published in Slate in February 2017
In 2015, the FBI obtained a warrant to hack the devices of every visitor to a child pornography website. On the basis of this single warrant, the FBI ultimately hacked more than 8,700 computers, resulting in a wave of federal prosecutions. The vast majority of these devices—over 83 percent—were located outside the United States, in more than 100 different countries. Now, we are in the midst of the first cases…
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: 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: 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…