Bulk Collection : Systematic Government Access to Private-Sector Data - Fred H. Cate

Bulk Collection

Systematic Government Access to Private-Sector Data

By: Fred H. Cate (Editor), James X. Dempsey (Editor)

Hardcover | 3 November 2017

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This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. 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. initiated by Fred Cate and James Dempsey to examine the 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.
Industry Reviews
"Jim Dempsey and Fred Cate have compiled both a remarkable survey of surveillance practices around the world and a pragmatic framework of accountability and oversight principles that can protect human rights while defending national security." - U.S. Senator Patrick Leahy "We live in a world where data can help governments fight crime and terrorism, but that same data often resides in the hands of individuals or private companies governed by different national laws. With security, rights, and laws increasingly in conflict, this book couldn't be more timely." - Brad Smith, President and Chief Legal Officer, Microsoft Corporation "The boundaries of what the State can, but should not do, is one of the most pressing legal, social, and ethical questions of our technology-driven age. If you want to gain a comprehensive insight into the complexities of this debate, this volume represents essential reading." - Giovanni Buttarelli, European Data Protection Supervisor

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