The following is a guest post by Jadzia Butler, privacy, surveillance and security Fellow Centre for democracy & Technology (CDT). More information about the author is displayed below
Imagine a world, a constant ubiquitous surveillance where every movement can be controlled by the government at any time :. Each email you send, every picture you take, every book you read, every website you visit, and every rally you attend. Want to change your behavior accordingly?
Of course, you. Even those who think they have "nothing to hide" behave differently when they believe they are being watched they do when nobody is looking. This is especially true, however, for those who may pose a threat to the status quo, either because they explore new ideas or controversial or because their conduct did not comport with what is currently "acceptable". These so-called "dissidents" are essential for progress, innovation and prosperity, and we all suffer when their actions are chilled by the fear of surveillance. In short, the right to privacy is the foundation on which all free flourishing society is built.
the right to a profound importance of privacy is why debates about the US government surveillance programs should be robust, detailed, and as public as possible . a key part of the foreign Intelligence Surveillance Act (FISA), section 702, is scheduled to end next. Despite seeming year focus on "foreign intelligence" and to collect foreign communications, section 702 effectively results in agencies . spy collection of a significant amount of information about Americans and information not related to foreign intelligence Worse, the law allows agencies like the FBI to use that information collected for many purposes - including investigating ordinary crime - without a warrant or court order from a judge. This means that our legislation lacks constitutional protection key
Although there are many ways to improve the program 702 surveillance, here are three suggestions priority :.
- Close "Backdoor Search Loophole" - When the government uses the program 702 to spy on foreigners, it also collects information on people in the United States that the government can then search through investigation of ordinary crimes unrelated to foreign intelligence or national security. This is called a "backdoor research loophole" because it allows the government to obtain the content that otherwise would be unavailable without a warrant. The solution is simple: Americans any subsequent search of information for other purposes should only happen after a judge approved the search based on the likelihood that the US target is a terrorist, spy, or other " agent "of a foreign power, or that the search will return the evidence of a crime
- Refine the definition of" intelligence foreign Intelligence " -. Article 702 has a broad definition of foreign intelligence (FII) the definition includes information on foreigners that concerns the conduct of foreign affairs, which can include virtually anything. - peaceful demonstrations in the streets of Paris, Brasília, Madrid or policies and economic practices of a foreign government. This means many ordinary people are being spied on and irrelevant information is collected. FII should be restricted for the purposes described above by President Obama in PPD -28, which include detecting and countering espionage, terrorist threats to the United States, and the proliferation of weapons of mass destruction.
- End "about" collection - now, through the upstream collection program, the US government uses its authority Section 702 to capture communications that are "about" a given target selector (like email address). This means that the government is seeking, without a warrant, for communications that are not yet or target thought to have information valuable information - rather, non-target communications may be collected in databases Government data if they just happen to mention something "about" targeted selector. Congress should end the ability to collect "about" communications that allow the government to collect communications or target.
These recommendations, though incomplete, would contribute to one of the most controversial, convoluted government surveillance programs in American history within the United States Constitution and many international obligations of human rights. Basically, the debate on government surveillance is a debate on freedom -. And it probably will continue long into the future
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