Foreign Surveillance: Law and Practice in a Global Digital Environment

European Human Rights Law Review 3: 243-251

9 Pages Posted: 11 Nov 2014

See all articles by Ian Brown

Ian Brown

Getulio Vargas Foundation (FGV) - Fundação Getulio Vargas Law School at São Paulo

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

Date Written: April 30, 2014

Abstract

The reporting of leaks from whistleblower Edward Snowden has led to a global debate about privacy in the Internet era. This article reviews US and UK alleged practices related to surveillance of foreign Internet communications content and “metadata”, and the international human rights law issues they raise. Often, these practices are based on vague laws that are applied on the basis of secret guidance or interpretations – which in international human rights terms is not “law” at all. To the extent that there are specific, published laws, their hallmarks are the sweeping, largely discretionary powers that they grant, a lack of effective oversight, and (often) discrimination between nationals or residents and non-nationals or non-residents. Spying on citizens, politicians and companies in another country, and obtaining data from servers in that other country, without the consent of the target country, furthermore violates the sovereignty of the latter country.

Keywords: Electronic communications, Extraterritoriality, Interception of communications, International law, Privacy, Sovereignty, Surveillance, United States

JEL Classification: K14, K33, K42, L96, O33

Suggested Citation

Brown, Ian and Korff, Douwe, Foreign Surveillance: Law and Practice in a Global Digital Environment (April 30, 2014). European Human Rights Law Review 3: 243-251, Available at SSRN: https://ssrn.com/abstract=2521433

Ian Brown (Contact Author)

Getulio Vargas Foundation (FGV) - Fundação Getulio Vargas Law School at São Paulo ( email )

São Paulo
Brazil

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), Brandenburg 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

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