Boundaries of Law: Exploring Transparency, Accountability, and Oversight of Government Surveillance Regimes

72 Pages Posted: 10 Jan 2017 Last revised: 3 Mar 2017

Douwe Korff

Oxford Martin School - Global Cyber Capacity Centre; Eur. Univ. Viadrina - Centre for Internet & Human Rights; Yale University - Information Society Project; London Metropolitan University

Ben Wagner

European University Viadrina Frankfurt (Oder)

Julia Powles

University of Cambridge - Faculty of Law

Renata Avila

Independent

Ulf Buermeyer

Independent

Date Written: January 5, 2017

Abstract

Modern information technologies have given governments an unprecedented ability to monitor our communications. This capability can be used to fight terrorism and serious crime through targeted surveillance that is proportionate and subject to judicial control. What we have witnessed, however - as evidenced by the revelations of whistleblower Edward Snowden - is exponential growth in indiscriminate, generalised access to bulk communications and Internet data (often referred to as “mass surveillance”).

Why does this matter? Our entire lives are online. We generate and share more information than ever before; information that could be abused in the wrong hands. If not tackled, this untargeted, suspicionless mass surveillance will create a chilling effect on speech, trade, and creativity online, and people will refrain from utilizing the Internet to realise its full potential for economic, social, and democratic progress.

In addition, companies are increasingly called upon by law enforcement and national security agencies to cooperate in investigations, resulting in a loss in consumer confidence and damage to a company’s bottom line.

Public opinion has shifted since the Snowden revelations. Now more than ever, we need an informed debate on the role of government surveillance in national security and law enforcement. We need to ensure that such surveillance is accountable and transparent.

Experts surveyed in the 2014 Web Index concluded that 84% of the 86 countries covered lacked even moderately effective oversight and accountability mechanisms to protect Internet users from indiscriminate surveillance. A finding as worrying as this needs to be tested, so we carried out a deeper comparative analysis of a smaller sample of countries: Kenya, DR Congo, South Africa, Colombia, Germany, Myanmar, India, Pakistan, France, Turkey, Egypt, Russia, the United Kingdom and the United States. We conducted interviews and desk research on each jurisdiction to get a better idea of the current state of affairs. We have also tried to analyse intra-country intelligence sharing networks and “clubs”, but since much of this occurs without accountability, transparency, or meaningful oversight, there are limits to that analysis.

Keywords: Surveillance, Oversight, Law, Governance, Boundaries, Global

Suggested Citation

Korff, Douwe and Wagner, Ben and Powles, Julia and Avila, Renata and Buermeyer, Ulf, Boundaries of Law: Exploring Transparency, Accountability, and Oversight of Government Surveillance Regimes (January 5, 2017). Global Report, January 2017; University of Cambridge Faculty of Law Research Paper No. 16/2017. Available at SSRN: https://ssrn.com/abstract=2894490

Douwe Korff

Oxford Martin School - Global Cyber Capacity Centre ( email )

University of Oxford
34 Broad Street
Oxford, OX1 3BD
United Kingdom

Eur. Univ. Viadrina - Centre for Internet & Human Rights ( email )

Grosse Scharrnstr. 59
Frankfurt (Oder), 15230
Germany

Yale University - Information Society Project ( email )

P.O. Box 208206
New Haven, CT 06520-8206
United States

London Metropolitan University ( email )

London
United Kingdom

Ben Wagner (Contact Author)

European University Viadrina Frankfurt (Oder) ( email )

Berlin
Germany

HOME PAGE: http://https://cihr.eu

Julia Powles

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Renata Avila

Independent ( email )

No Address Available

Ulf D. Buermeyer

Independent ( email )

No Address Available

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