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Content type: Long Read
The same day that the United Nations General Assembly convened an emergency special session to respond to Russia’s full-scale invasion of Ukraine in early March, a very different set of negotiations was underway in another U.N. conference room. More than two years after its establishment, the Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communication Technologies for Criminal Purposes (hereinafter the Ad Hoc Committee) held its…
Content type: News & Analysis
After almost 20 years of presence of the Allied Forces in Afghanistan, the United States and the Taliban signed an agreement in February 2020 on the withdrawal of international forces from Afghanistan by May 2021. A few weeks before the final US troops were due to leave Afghanistan, the Taliban had already taken control of various main cities. They took over the capital, Kabul, on 15 August 2021, and on the same day the President of Afghanistan left the country.
As seen before with regime…
Content type: News & Analysis
What happened
On 22 July 2021, the Investigatory Powers Tribunal (IPT) issued a declaration on our challenge to the UK bulk communications regime finding that section 94 of the Telecommunications Act 1984 (since repealed by the Investigatory Powers Act 2016) was incompatible with EU law human rights standards. The result of the judgment is that a decade’s worth of secret data capture has been held to be unlawful. The unlawfulness would have remained a secret but for PI’s work.
You…
Content type: Long Read
On 25 May 2021, the European Court of Human Rights issued its judgment in Big Brother Watch & Others v. the UK. Below, we answer some of the main questions relating to the case.
After our initial reaction, below we answer some of the main questions relating to the case.
NOTE: This post reflects our initial reaction to the judgment and may be updated.
What’s the ruling all about?
In a nutshell, one of the world’s most important courts, the Grand Chamber of the European Court of Human…
Content type: News & Analysis
Photo: The European Union
“Border Externalisation”, the transfer of border controls to foreign countries, has in the last few years become the main instrument through which the European Union seeks to stop migratory flows to Europe. Similar to the strategy being implemented under Trump’s administration, it relies on utilising modern technology, training, and equipping authorities in third countries to export the border far beyond its shores.
It is enabled by the adoption…
Content type: News & Analysis
Picture Credit: US AID
US President Trump has been cutting aid to Central America, including a surprise cut of approximately $500m in aid to the “Northern Triangle” countries of El Salvador, Guatemala, and Honduras, apparently as punishment for “doing absolutely nothing” to prevent emigration to the US.
What remains of the funds is largely and deliberately being repurposed for spending on the US’s own security interests: indeed, one area which his…
Content type: Long Read
Imagine that every time you want to attend a march, religious event, political meeting, protest, or public rally, you must share deeply personal information with police and intelligence agencies, even when they have no reason to suspect you of wrongdoing.
First, you need to go to the police to register; have your photo taken for a biometric database; share the contacts of your family, friends, and colleagues; disclose your finances, health records, lifestyle choices, relationship status, and…
Content type: News & Analysis
Data sharing among states is gaining prominence, particularly in light of the need to coordinate counter-terrorism activities across borders. The President of the European Commission put it in stark terms just a couple of months ago: “Terrorists know no borders. We cannot allow ourselves to become unwitting accomplices because of our inability to cooperate.” And several UN Security Council resolutions have emphasized the need for international cooperation in counter-terrorism.
Privacy…
Content type: Long Read
Privacy International’s new report shows how countries with powerful security agencies are training, equipping, and directly financing foreign surveillance agencies. Driven by advances in technology, increased surveillance is both powered by and empowering rising authoritarianism globally, as well as attacks on democracy, peoples’ rights, and the rule of law.To ensure that surveillance powers used by governments are used to protect rather than endanger people, it is essential that the public,…
Content type: Long Read
A major new report published today by Privacy International has identified alarming weaknesses in the oversight arrangements that are supposed to govern the sharing of intelligence between state intelligence agencies.
'Secret Global Surveillance Networks: Intelligence Sharing Between Governments and the Need for Safeguards' is based on an international collaborative investigation carried out by 40 NGOs in 42 countries.
Previously undisclosed documents obtained by PI via litigation in the…
Content type: News & Analysis
For further information on timeline and case history, read this briefing.
Arguments
The argument were based on the written submissions of the parties. The oral statements summarised key points in these submissions.
The submissions can be found on PI’s website under Legal Action. In terms of today’s proceedings (these are now available through webcast)
Counsel for the UK Government, James Eadie QC started off proceedings, his opening arguments were: 1) The issues are of…
Content type: Press release
The European Court of Human Rights will hear a landmark case on surveillance tomorrow (7 November) as part of a challenge to the lawfulness of the UK’s surveillance laws and its intelligence agencies’ mass surveillance practices.
See the attached briefing for case background and historical information.
The case, described by campaigners as a “watershed moment for people’s privacy and freedom of expression across the world”, is being brought by Amnesty International, Liberty, Privacy…
Content type: Press release
Privacy International has filed a federal lawsuit seeking to compel disclosure of records relating to a 1946 surveillance agreement between the US, UK, Australia, Canada and New Zealand, known as the “Five Eyes alliance”.* We are represented by Yale Law School’s Media Freedom and Information Access Clinic (MFIA). The most recent publicly available version of the Five Eyes surveillance agreement dates from 1955. Our complaint was filed before the U.S. District Court for the District of Columbia…
Content type: Press release
Privacy International, in partnership with 30+ national human rights organisations, has today written to national intelligence oversight bodies in over 40 countries seeking information on the intelligence sharing activities of their governments.
Countries may use secret intelligence sharing arrangements to circumvent international and domestic rules on direct surveillance. These arrangements can also lead to the exchange of information that can facilitate human rights abuses,…
Content type: Long Read
6 July 2017
Full briefing: UK-US Intelligence Sharing Arrangements
Urgent transparency is needed regarding the UK’s intelligence sharing arrangements with the United States, which allows UK and US agencies to share, by default, any raw intelligence and methods and techniques related to the acquisition of such intelligence. In a recent YouGov poll, three quarters of Britons said that they want the UK Government to tell the public what safeguards govern these arrangements. Privacy…
Content type: News & Analysis
This piece was written by PI Research Officer Edin Omanovic and originally appeared here.
Whatever happens over the next few years, if there is to be a storm, then it is best to prepare. It is essential that western liberal democratic societies are resilient enough to uphold their fundamental values.
One of the UK’s biggest security assets is one of its biggest security threats. The UK’s spies have access to and are allowed to exercise some of the most sophisticated electronic…
Content type: Press release
Privacy International has today written to government ministers, members of the opposition, and oversight bodies reaffirming its call for the UK government to reveal secret intelligence sharing arrangements with the United States.
The original UKUSA agreement — drafted shortly after World War II — allows UK and US agencies to share, by default, any raw intelligence, collection equipment, decryption techniques, and translated documents.
Current arrangements also allow US…
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: News & Analysis
Remember when the world didn't know what Prism was? Those were the days. While privacy advocates, civil libertarians, and technologists had suspected or posited the existence of an extensive surveillance regime operated by the U.S. government, few knew the details and the extent of the operation.
Undoubtedly, we know more now than we did a week ago about the National Security Agency's covert operations and how the agency routinely spies on nearly anyone in the world. The public, many…
Content type: News & Analysis
According to Snowden documents analysed by Privacy International, the Australian Signals Directorate had access to and used PRISM, a secret US National Security Agency program which provides access to user data held by Google, Facebook and Microsoft.
This is the third spy agency of the 'Five Eyes' alliance confirmed to have had secret access to Silicon Valley company data - an alliance whose rules and policies remain classified. Earlier this year, a British court ruled that GCHQ access to…
Content type: Press release
Human Rights Watch and three individuals have today lodged a legal challenge to establish whether their communications were part of those unlawfully shared between the US National Security Agency (NSA) and UK Government Communications Headquarters (GCHQ).
Despite billions of records being shared every day between the NSA and GCHQ, and that historical sharing having been declared unlawful [PDF], the Investigatory Powers Tribunal (IPT) has not yet confirmed to any claimant that their…
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: News & Analysis
The central premise of international intelligence cooperation is that states are able to both access valuable partner information to protect their national security, and focus their own resources elsewhere in a mutually beneficial way. But is it really a quid-pro-quo partnership?
As the Intercept recently revealed, German policy-makers certainly have reason to doubt that this would be the case. What Germany has learned, like many others before them, is that dependence on the…
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: 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: News & Analysis
Intelligence sharing agreements can be open and transparent. In fact, the Five Eyes have already disclosed information sharing agreements that relate to key international law enforcement and national security measures.
They’re called mutual legal assistance treaties, or MLATs, and they’ve existed between the Five Eyes, excluding New Zealand, for decades. MLATs define the scope of cooperation between States in criminal investigations: States share sensitive information in criminal…
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: News & Analysis
The following is an excerpt from an Op-Ed written in the New Zealand Herald by Privacy International's Legal Officer Anna Crowe:
Since the release of documents by Edward Snowden nearly a year ago, New Zealand has often been seen as a passive participant in the Five Eyes intelligence-sharing alliance, not unlike a good kid hanging out with the wrong crowd.
However, Snowden documents released last month and the news that New Zealand appears to be sharing intelligence…
Content type: Press release
Privacy International today has filed a complaint with the Australian Inspector-General of Intelligence Security, calling for an immediate investigation into deeply troubling reports that the Australian intelligence services offered to violate the privacy rights of millions of citizens by handing over bulk metadata to its Five Eye partners.
According to the leaked Five Eyes memo published in the Guardian on 2 December, the Australian Signals Directorate, during a meeting…