This book is the culmination of nearly six years of research initiated by Fred Cate and James Dempsey to examine the systematic government access of private information from companies and other private-sector organizations. 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 within 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. Particulary after the Snowden leaks, the privacy project morphed into something more ambitious: an effort to explore what should be the rules for government access to data and how private sector companies should respond to demands for data.
This book provides twelve updated country reports to present both descriptive and normative frameworks for analyzing national surveillance laws, and to examine international law, human rights law, and oversight mechanisms. It also explores the concept of accountability and the role of encryption in shaping the surveillance debate. Cate and Dempsey conclude the book by offering recommendations for both government and industry.
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
James X. Dempsey is executive director of the Berkeley Center for Law & Technology at the University of California, Berkeley law school. From 2012 to January 2017, he served as a member of the Privacy and Civil Liberties Oversight Board, an independent federal agency charged with overseeing U.S. counterterrorism programs and advising senior policymakers. He is co-author (with David Cole) of Terrorism & the Constitution: Sacrificing Civil Liberties in the Name of