Douwe Korff (born 17 April 1951, in Amsterdam) [1] [2] has been professor of international law at London Metropolitan University since 2002. He is a Dutch comparative and international lawyer, specialising in human rights and data protection. In the 1970s, he graduated from the Free University in Amsterdam, Netherlands, and was researcher at the European University Institute in Florence, Italy. In the 1980s, he carried out human rights research at the Max Planck Institutes for comparative and international criminal law and for comparative and international public law in Freiburg im Breisgau and Heidelberg, Germany. In the 1990s, he taught international law and human rights at Maastricht University in the Netherlands, and the European Convention on Human Rights at the University of Essex, UK. In 2006, he was visiting professor at the Law faculty of the University of Rijeka, Croatia.
In the last ten years, he has carried out four major studies for the European Union's Directorate-General on the Internal Market, relating to the implementation of EC Directives harmonising data protection law in the EU and the EEA, and was involved in two studies for the Information Commissioner's Office. He has been cited as an expert in discussion of data protection policy. [3] [4] He is a member of the advisory council of the Foundation for Information Policy Research (FIPR), [5] a leading UK think-tank on IT policy. [6]
Since June 2013 he has been involved as a data protection, surveillance and international law expert in relation to mass surveillance disclosed by Edward Snowden, including at the German Parliament in 2014. [7]
Similar expert evidence was given by Professor Korff on 8 April 2014 at the hearing of the Parliamentary Assembly of the Council of Europe (PACE) Committee on Legal Affairs and Human Rights on mass surveillance, with Dr Hansjoerg Geiger, former head of the German Secret Service, the BND, and Edward Snowden (by videolink), where Snowden answered in particular two questions Professor Korff had drafted for the PACE Rapporteur on the issue, Pieter Omtzigt, on data mining by the NSA and on spying by the NSA and GCHQ on Amnesty International, Human Rights Watch and other human rights organisations. [8]
Professor Korff also provided expert evidence on the privacy and human rights implications of the Edward Snowden disclosures in the following political fora:
- Strasbourg, 28 January 2014 (European Data Protection Day). Professor Korff gave expert evidence (with Jacob Appelbaum and Christian Grothoff) at a side event to the winter session of the Parliamentary Assembly of the Council of Europe on the theme of “After Snowden: using law and technology to counter snooping” [9]
- Strasbourg, 18 October 2013: Expert presentation at the 30th plenary of the Consultative Committee of the Council of Europe Convention on Data Protection, of a report he wrote entitled 'Report on The Use of the Internet and Related Services, Private Life & Data Protection: trends & technologies, threats & implications' [10]
- Brussels, 14 October 2013: Expert presentation at the inquiry of the European Parliament's Civil Liberties Committee into NSA/GCHQ mass surveillance [11] which was recorded by video [12]
Government Communications Headquarters (GCHQ) is an intelligence and security organisation responsible for providing signals intelligence (SIGINT) and information assurance (IA) to the government and armed forces of the United Kingdom. Primarily based at "The Doughnut" in the suburbs of Cheltenham, GCHQ is the responsibility of the country's Secretary of State for Foreign and Commonwealth Affairs, but it is not a part of the Foreign Office and its director ranks as a Permanent Secretary.
The Electronic Privacy Information Center (EPIC) is an independent nonprofit research center established in 1994 to protect privacy, freedom of expression, and democratic values in the information age. Based in Washington, D.C., their mission is to "secure the fundamental right to privacy in the digital age for all people through advocacy, research, and litigation." EPIC believes that privacy is a fundamental right, the internet belongs to people who use it, and there's a responsible way to use technology.
Mass surveillance is the intricate surveillance of an entire or a substantial fraction of a population in order to monitor that group of citizens. The surveillance is often carried out by local and federal governments or governmental organizations, but it may also be carried out by corporations. Depending on each nation's laws and judicial systems, the legality of and the permission required to engage in mass surveillance varies. It is the single most indicative distinguishing trait of totalitarian regimes. It is often distinguished from targeted surveillance.
Claude Ajit Moraes is a British Labour Party politician and campaigner, who was a Member of the European Parliament (MEP) for London between 1999 and the United Kingdom's withdrawal from the EU on 31 January 2020. He was chair of the Civil Liberties, Justice and Home Affairs Committee, Deputy Leader of the European Parliamentary Labour Party and vice-president of the Socialists and Democrats Group in the European Parliament.
Privacy International (PI) is a UK-based registered charity that defends and promotes the right to privacy across the world. First formed in 1990, registered as a non-profit company in 2002 and as a charity in 2012, PI is based in London. Its current executive director, since 2012, is Dr Gus Hosein.
The Five Eyes (FVEY) is an anglosphere intelligence alliance comprising Australia, Canada, New Zealand, the United Kingdom, and the United States. These countries are party to the multilateral UK-USA Agreement, a treaty for joint cooperation in signals intelligence. Informally, "Five Eyes" can refer to the group of intelligence agencies of these countries. The term "Five Eyes" originated as shorthand for a "AUS/CAN/NZ/UK/US EYES ONLY" (AUSCANNZUKUS) releasability caveat.
Marc Rotenberg is president and founder of the Center for AI and Digital Policy, an independent non-profit organization, incorporated in Washington, D.C. Rotenberg is the editor of The AI Policy Sourcebook, a member of the OECD Expert Group on AI, and helped draft the Universal Guidelines for AI. He teaches the GDPR and privacy law at Georgetown Law and is coauthor of Privacy Law and Society and The Privacy Law Sourcebook (2020). Rotenberg is a founding board member and former chair of the Public Interest Registry, which manages the .ORG domain.
Peter P. Swire is the J.Z. Liang Chair in the School of Cybersecurity and Privacy in the College of Computing at the Georgia Institute of Technology. Swire is also Professor of Law and Ethics in the Scheller College of Business and has an appointment by courtesy with the School of Public Policy. He is an internationally recognized expert in privacy law. Swire is also a senior fellow at the Future of Privacy Forum and has served on the National Academies of Science and Engineering Forum on Cyber Resilience. During the Clinton administration, he became the first person to hold the position of Chief Counselor for Privacy in the Office of Management and Budget. In this role, he coordinated administration policy on privacy and data protection, including interfacing with privacy officials in foreign countries. He may be best known for shaping the Health Insurance Portability and Accountability Act Privacy Rule while serving as the Chief Counselor for Privacy. In November 2012 he was named as co-chair of the Tracking Protection Working Group of the World Wide Web Consortium (W3C), to attempt to mediate a global Do Not Track standard. In August 2013, President Obama named Swire as one of five members of the Director of National Intelligence Review Group on Intelligence and Communications Technologies.
Jan Philipp Albrecht is a German politician of the Alliance '90/The Greens, part of The Greens-European Free Alliance. From 2018 to 2022, he served as Minister for Energy, Agriculture, the Environment, Nature and Digitalization of Schleswig-Holstein. From 2009 until 2018, he was a Member of the European Parliament. He is specialized in the field of civil rights, data protection and democracy.
Clemens Binninger is a German politician of the CDU. Binninger was a member of the Bundestag from 2002 until 2017.
PRISM is a code name for a program under which the United States National Security Agency (NSA) collects internet communications from various U.S. internet companies. The program is also known by the SIGAD US-984XN. PRISM collects stored internet communications based on demands made to internet companies such as Google LLC and Apple under Section 702 of the FISA Amendments Act of 2008 to turn over any data that match court-approved search terms. Among other things, the NSA can use these PRISM requests to target communications that were encrypted when they traveled across the internet backbone, to focus on stored data that telecommunication filtering systems discarded earlier, and to get data that is easier to handle.
Edward Joseph Snowden is a former American NSA intelligence contractor and a whistleblower who leaked classified documents revealing the existence of global surveillance programs. He became a naturalized Russian citizen in 2022.
Tempora is the codeword for a formerly-secret computer system that is used by the British Government Communications Headquarters (GCHQ). This system is used to buffer most Internet communications that are extracted from fibre-optic cables, so these can be processed and searched at a later time. It was tested from 2008 and became operational in late 2011.
The use of electronic surveillance by the United Kingdom grew from the development of signal intelligence and pioneering code breaking during World War II. In the post-war period, the Government Communications Headquarters (GCHQ) was formed and participated in programmes such as the Five Eyes collaboration of English-speaking nations. This focused on intercepting electronic communications, with substantial increases in surveillance capabilities over time. A series of media reports in 2013 revealed bulk collection and surveillance capabilities, including collection and sharing collaborations between GCHQ and the United States' National Security Agency. These were commonly described by the media and civil liberties groups as mass surveillance. Similar capabilities exist in other countries, including western European countries.
During the 2010s, international media reports revealed new operational details about the Anglophone cryptographic agencies' global surveillance of both foreign and domestic nationals. The reports mostly relate to top secret documents leaked by ex-NSA contractor Edward Snowden. The documents consist of intelligence files relating to the U.S. and other Five Eyes countries. In June 2013, the first of Snowden's documents were published, with further selected documents released to various news outlets through the year.
The global surveillance disclosure released to media by Edward Snowden has caused tension in the bilateral relations of the United States with several of its allies and economic partners as well as in its relationship with the European Union. In August 2013, U.S. President Barack Obama announced the creation of "a review group on intelligence and communications technologies" that would brief and later report to him. In December, the task force issued 46 recommendations that, if adopted, would subject the National Security Agency (NSA) to additional scrutiny by the courts, Congress, and the president, and would strip the NSA of the authority to infiltrate American computer systems using "backdoors" in hardware or software. Geoffrey R. Stone, a White House panel member, said there was no evidence that the bulk collection of phone data had stopped any terror attacks.
Global mass surveillance can be defined as the mass surveillance of entire populations across national borders.
The FISA Improvements Act is a proposed act by Senator Dianne Feinstein, Chair of the Senate Intelligence Committee. Prompted by the disclosure of NSA surveillance by Edward Snowden, it would establish the surveillance program as legal, but impose some limitations on availability of the data. Opponents say the bill would codify warrantless access to many communications of American citizens for use by domestic law enforcement.
John Napier Tye is a former official of the U.S. State Department who came forward in 2014 as a whistleblower seeking to publicize certain electronic surveillance practices of the U.S. government under Executive Order 12333. He later co-founded a legal organization, Whistleblower Aid, intended to help whistleblowers in multiple sectors forward their concerns without incurring legal liability.
Targeted surveillance is a form of surveillance, such as wiretapping, that is directed towards specific persons of interest, and is distinguishable from mass surveillance. Both untargeted and targeted surveillance is routinely accused of treating innocent people as suspects in ways that are unfair, of violating human rights, international treaties and conventions as well as national laws, and of failing to pursue security effectively.
Professor Douwe Korff, said there was a real question as to whether the powers undermined the presumption of innocence that human rights legislation enshrines.
Advisory Council[,] Douwe Korff[,] Human Rights Lawyer
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