Computer and network surveillance is the monitoring of computer activity and data stored locally on a computer or data being transferred over computer networks such as the Internet. This monitoring is often carried out covertly and may be completed by governments, corporations, criminal organizations, or individuals. It may or may not be legal and may or may not require authorization from a court or other independent government agencies. Computer and network surveillance programs are widespread today and almost all Internet traffic can be monitored.
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 185 national constitutions mention the right to privacy. On December 10, 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR); while the right to privacy does not appear in the document, many interpret this through Article 12, which states: "No one shall be subjected to arbitrary interference with their privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks."
The Freedom of Information Act, 5 U.S.C. § 552, is the United States federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. government upon request. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures, and includes nine exemptions that define categories of information not subject to disclosure. The act was intended to make U.S. government agencies' functions more transparent so that the American public could more easily identify problems in government functioning and put pressure on Congress, agency officials, and the president to address them. The FOIA has been changed repeatedly by both the legislative and executive branches.
Center for Democracy & Technology (CDT) is a Washington, D.C.-based 501(c)(3) nonprofit organisation that advocates for digital rights and freedom of expression. CDT seeks to promote legislation that enables individuals to use the internet for purposes of well-intent, while at the same time reducing its potential for harm. It advocates for transparency, accountability, and limiting the collection of personal information.
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 United States Foreign Intelligence Surveillance Court of Review (FISCR) is a U.S. federal court whose sole purpose is to review denials of applications for electronic surveillance warrants by the United States Foreign Intelligence Surveillance Court. The FISCR was established by the Foreign Intelligence Surveillance Act of 1978 and consists of a panel of three judges. Like the FISC, the FISCR is not an adversarial court; rather, the only party to the court is the federal government, although other parties may submit briefs as amici curiae if they are made aware of the proceedings. Papers are filed and proceedings are held in secret. Records of the proceedings are kept classified, though copies of the proceedings with sensitive information redacted are very occasionally made public. The government may appeal decisions of the FISCR to the Supreme Court of the United States, which hears appeals on a discretionary basis.
The Reporters Committee for Freedom of the Press(RCFP) is a nonprofit organization based in Washington, D.C., that provides pro bono legal services and resources to and on behalf of journalists. The organization pursues litigation, offers direct representation, submits amicus curiae briefs, and provides other legal assistance on matters involving the First Amendment, press freedom, freedom of information, and court access issues.
The Privacy and Civil Liberties Oversight Board (PCLOB) is an independent agency within the executive branch of the United States government, established by Congress in 2004 to advise the President and other senior executive branch officials to ensure that concerns with respect to privacy and civil liberties in the United States are appropriately considered in the development and implementation of all laws, regulations, and executive branch policies related to terrorism.
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.
The Computer and Communications Industry Association (CCIA) is an international non-profit advocacy organization based in Washington, DC, United States which represents the information and communications technology industries. According to their site, CCIA "promotes open markets, open systems, open networks, and full, fair, and open competition." Established in 1972, CCIA was active in antitrust cases involving IBM, AT&T and Microsoft, and lobbied for net neutrality, copyright and patent reform and against internet censorship and policies, mergers or other situations that would reduce competition. CCIA released a study it commissioned by an MIT professor, which analyzed the cost of patent trolls to the economy, a study on the economic benefits of Fair Use, and has testified before the Senate on limiting government surveillance and on internet censorship as a trade issue.
The Electronic Frontier Foundation (EFF) is an international non-profit advocacy and legal organization based in the United States and serves its operations worldwide.
EPIC v. Department of Justice is a 2014 case in the United States District Court for the District of Columbia between the Electronic Privacy Information Center (EPIC) and the U.S. Department of Justice (DOJ) where EPIC seeks court action to enforce their Freedom of Information Act request for documents that the Department of Justice has withheld pertaining to George W. Bush's authorization of NSA warrantless surveillance.
American Booksellers for Free Expression (ABFE) is a non-profit organization operating as the advocacy wing of the American Booksellers Association (ABA) to promote free speech and expression in the United States. The organization was founded in 1990 as the American Booksellers Foundation for Free Expression (ABFFE). In 2015, the ABFFE merged with the ABA and became ABFE. The organization works at both the national level and at local levels to support individuals who voice opposition to book challenges and bans. ABFE also provides resources and education to booksellers, politicians, the press, and the public on the importance of free expression.
Presidential Policy Directive 20 (PPD-20), provides a framework for U.S. cybersecurity by establishing principles and processes. Signed by President Barack Obama in October 2012, this directive supersedes National Security Presidential Directive NSPD-38. Integrating cyber tools with those of national security, the directive complements NSPD-54/Homeland Security Presidential Directive HSPD-23.
Ryan Noah Shapiro is a doctoral student at the Massachusetts Institute of Technology Doctoral Program in History, Anthropology, Science, Technology, and Society (HASTS), a U.S. Freedom of Information Act (FOIA) researcher, and an advocate for animal rights.
The Day We Fight Back was a one-day global protest against mass surveillance by the US National Security Agency (NSA), the UK GCHQ, and the other Five Eyes partners involved in global surveillance. The "digital protest" took place on February 11, 2014 with more than 6,000 participating websites, which primarily took the form of webpage banner-advertisements that read, "Dear Internet, we're sick of complaining about the NSA. We want new laws that curtail online surveillance. Today we fight back." Organizers hoped lawmakers would be made aware "that there's going to be ongoing public pressure until these reforms are instituted."
The USA Freedom Act is a U.S. law enacted on June 2, 2015, that restored and modified several provisions of the Patriot Act, which had expired the day before. The act imposes some new limits on the bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies, including the National Security Agency. It also restores authorization for roving wiretaps and tracking lone wolf terrorists. The title of the act is a ten-letter backronym that stands for Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015.
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.
In Re Electronic Privacy Information Center, 134 S.Ct. 638 (2013), was a direct petition to the Supreme Court of the United States regarding the National Security Agency's (NSA) telephony metadata collection program. On July 8, 2013, the Electronic Privacy Information Center (EPIC) filed a petition for a writ of mandamus and prohibition, or a writ of certiorari, to vacate an order of the Foreign Intelligence Surveillance Court (FISC) in which the court compelled Verizon to produce telephony metadata records from all of its subscribers' calls and deliver those records to the NSA. On November 18, 2013, the Supreme Court denied EPIC's petition.
Wikimedia Foundation, et al. v. National Security Agency, et al. was a lawsuit filed by the American Civil Liberties Union (ACLU) on behalf of the Wikimedia Foundation and several other organizations against the National Security Agency (NSA), the United States Department of Justice (DOJ), and other named individuals, alleging mass surveillance of Wikipedia users carried out by the NSA. The suit claims the surveillance system, which NSA calls "Upstream", breaches the First Amendment to the United States Constitution, which protects freedom of speech, and the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures.
