Edited by Fred H. Cate and James X. Dempsey
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.
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.
List of Contributors
Acknowledgments
Glossary of Acronyms and Abbreviations
Introduction and Background, Fred H. Cate and James X. Dempsey
Part I: Country Reports
Overview
1. Systematic Government Access to Private-Sector Data: a Comparative Analysis, Ira S. Rubinstein,
Gregory T. Nojeim and Ronald D. Lee
Europe and the Middle East
2. Systematic Government Access to Private-Sector Data in France, Winston Maxwell
3. Systematic Government Access to Private-Sector Data in Germany, Paul M. Schwartz
4. Systematic Government Access to Private Sector Data
in Israel, Omer Tene
5. Systematic Government Access to Private-Sector Data in Italy, Giorgio Resta
The Americas
6. Systematic Government Access to Private-Sector Data in Brazil, Bruno Magrani
7. Systematic Government Access to Private-Sector Data in Canada, Jane Bailey and Sara
Shayan
8. Systematic Government Access to Private-Sector Data in the United States I, Stephanie Pell
9. Systematic Government Access to Private-Sector Data in the United States II: The US Supreme Court and Information Privacy, Fred H. Cate and Beth E. Cate
Asia and the Pacific
10.
Systematic Government Access to Private-Sector Data in Australia, Dan Jerker B. Svantesson
11. Systematic Government Access to Private-Sector Data in China, Zhizheng Wang
12. Systematic Government Access to Private-Sector Data in India, Sunil Abraham
13. Systematic Government Access to
Private-Sector Data in Japan, Motohiro Tsuchiya
14. Systematic Government Access to Private-Sector Data in the Republic of Korea, Sang Jo Jong
Part II: Governance and Oversight
15. Chapter 5: Organisational Accountability, Government Use of Private Sector Data, National Security, and
Individual Privacy, James X. Dempsey, Fred H. Cate, and Martin Abrams
16. Chapter 6: Surveillance and Privacy Protection in Latin America: Examples, Principles, and Suggestions, Eduardo Bertoni and Collin Kurre
17. Trust But Verify: The Importance of Oversight and Transparency in the Pursuit
of Public Safety and National Security, Scott Charney
18. Regulating Foreign Surveillance through International Law, Ashley Deeks
19. Preventing the Police State: International Human Rights Laws Concerning Systematic Government Access to Communications Held or Transmitted by the Private
Sector, Sarah St. Vincent
20. Standards for Independent Oversight: the European Perspective, Nico van Eijk
21. Stakeholders in Reform of the Global System for Mutual Legal Assistance [New 5550 words], Peter Swire and Justin Hemmings
22. From Real-Time Intercepts to Stored Records: Why
Encryption Drives the Government to Seek Access to the Cloud, Peter Swire
Part III: Conclusion
23. Recommendations for Government and Industry, James X. Dempsey and Fred H. Cate
Part IV: Appendices
Participants, Washington, April 3, 2012
Participants, London, June 3,
2013
Participants, Brussels, November 12, 2013
Participants, Montreal, May 9, 2014
Participants, London, May 30, 2014
Participants, London, March 1-2, 2016
Index
There are no Instructor/Student Resources available at this time.
Fred H. Cate is Vice President for Research, Distinguished Professor, and C. Ben Dutton Professor of Law at Indiana University. The author of more than 150 articles and books and a frequent advisor to government and industry on privacy and security issues, he serves as a senior policy advisor
to the Centre for Information Policy Leadership at Hunton & Williams LLP and is one of the founding editors of the OUP journal, International Data Privacy Law.
James X. Dempsey is executive director of the Berkeley Center for Law & Technology at the University of California, Berkeley,
School of Law. Previously, he was at the Center for Democracy & Technology, where he held a number of leadership positions, including Executive Director and head of CDT West. From 2012 to January 2017, he served as a member of the Privacy and Civil Liberties Oversight Board, an independent federal
agency charged with advising senior policymakers and overseeing US counterterrorism programs. He is coauthor (with David Cole) of Terrorism & the Constitution: Sacrificing Civil Liberties in the Name of National Security.
