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Panoptykon Foundation (Polish : Fundacja Panoptykon) is a Polish NGO whose primary goal is to defend basic freedom and human rights against threats posed by the development of modern surveillance technologies. The foundation's activities are part of a broader research field concerned with the phenomenon of surveillance society. [1]
The foundation was established on 17 April 2009 by Katarzyna Szymielewicz, Małgorzata Szumańska, Piotr Drobek and Krystian Legierski.
The primary goals of the foundation are:
The foundation organizes, maintains or takes part in the following activities:
The name of the foundation is a reference to Jeremy Bentham's concept of a special prison, the Panopticon; in this prison, a guard can constantly monitor the activities of the inmates from a central surveillance station in the building while remaining unseen, the idea behind this solution is that it would prompt the inmates into auto-censorship; it would force them to control their own behavior because of fear that they might be watched.
The concept of the Panopticon was developed further by Michel Foucault who extrapolated the concept on society as a whole. The French thinker claimed that we no longer need to build the Panopticon or be prisoners in order to be affected by constant and omnipresent surveillance. A modern society can be perceived as the Panopticon on its own, with each of us being subject to its constant control.
The foundation is governed by the council and the board. The board consists of two members: Katarzyna Szymielewicz and Małgorzata Szumańska.
The board takes advice from the Program Council, which consists of the following members: dr. Ewa Charkiewicz, dr. Dominika Dörre-Nowak, barrister Maciej Ślusarek, prof. Roman Wieruszewski, Monika Płatek and Józef Halbersztadt. [2]
The first intervention of the Panoptykon Foundation took the form of a campaign against compulsory personalization of the “city cards” in Warsaw – cards which, when charged via proper payment, allowed the bearer to make unlimited use of Warsaw's public transportation system for a set amount of time. The Panoptykon Foundation demanded an alternative solution for those who were reluctant to share their personally identifiable information with Warsaw's Department of Public Transport (ZTM). The demands had backing on legal grounds, fe. ZTM's demands were questionable when confronted with the Polish privacy laws. At the same time, the foundation started a public campaign, “Mam Cię – bo Muszę” (“I have you – because I’m forced to”), encouraging the personalization's opponents to express themselves by requesting a city card with a protest-themed graphic design printed on it. The campaign was partly successful. Part of the city council, with help from the foundation's legal experts, prepared a project to reintroduce personal tickets that would not be registered in ZTM's databases. Support gathered for the project was also large enough to make the City Council prioritize it in the council sessions. Ultimately, however, the project did not make it to the voting stage.
The foundation was part of an NGO coalition opposed to the proposal of introducing a List Of Forbidden Websites and Services. The foundation was a member of the group responsible for formulating demands and representing the coalition during meetings with the government (also present during the 5 February 2010 meeting of PM Donald Tusk with the Internet users). The coalition's efforts and the campaign it mounted prompted the government to abandon the project. The coalition has not dismantled and still campaigns for systematic improvements in the law that would guarantee the security of fundamental rights on the Internet.
In 2011 the foundation opposed compulsory gynecological examination for women as well as proposed legislation changes related to the educational information system and health care information system. The foundation took action against the installation of microphone-equipped cameras in Mława and the monitoring system in a swimming pool facility in Łódź. The foundation also takes action against compulsory data retention, website blocking, the ACTA treaty or the PNR treaty (treaty on retention and sharing of airline passengers’ data)
In the fall 2009 – summer 2011 period the foundation had organized public monthly meetings dedicated to modern social surveillance solutions. The following subjects were discussed during the meetings: visual monitoring systems, medical data gathering, employee control at the workplace, consolidation of public databases, Internet surveillance, control over poverty, telecommunications data retention or surveillance in education facilities.
In July 2011 the foundation organized a meeting with David Lyon, a renowned scholar dedicated to exploring the concept of the surveillance society. Prof. Lyons discussed multiple aspects of modern surveillance and its effects with Polish social scientists, journalists and thinkers.
In the year 2011, the foundation issued two reports: „Internet and the basic rights. A brief overview of current regulatory issues” and “Surveillance 2011. A summary.”
The first report collects regulatory issues in the field of basic rights on the Internet; it helps to recognize basic challenges in regulation and explores several possible ways in which the regulation might develop. The other report focuses on current issues that highlight challenges and tensions related to modern surveillance practices: visual monitoring, telecommunications data retention and sharing, the sharing of information between various government services of different nations and the information systems of public health care and education providers. The report also explains the concept of a surveillance society and highlights its potential effects on basic rights and liberties.
In 2009 the foundation operated without any funding and functioned thanks to the volunteer support. In 2010 the foundation due to statutory activities had an income of 230,036.60 PLN and reached 69,919.57 PLN in expenses resulting from statutory activities. The main sources of income were restricted grants from: The Batory Foundation (123,000 PLN), The Internet Society (US$10,000) and The Open Society Institute (US$75,000).
Surveillance is the monitoring of behavior, many activities, or information for the purpose of information gathering, influencing, managing or directing. This can include observation from a distance by means of electronic equipment, such as closed-circuit television (CCTV), or interception of electronically transmitted information like Internet traffic. It can also include simple technical methods, such as human intelligence gathering and postal interception.
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 panopticon is a design of institutional building with an inbuilt system of control, originated by the English philosopher and social theorist Jeremy Bentham in the 18th century. The concept is to allow all prisoners of an institution to be observed by a single corrections officer, without the inmates knowing whether or not they are being watched.
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.
Telescreens are devices that operate simultaneously as televisions, security cameras, and microphones. They are featured in George Orwell's dystopian 1949 novel Nineteen Eighty-Four as well as all film adaptations of the novel. In the novel and its adaptations, telescreens are used by the ruling Party in the totalitarian fictional state of Oceania to keep its subjects under constant surveillance, thus eliminating the chance of secret conspiracies against Oceania.
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 150 national constitutions mention the right to privacy. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), originally written to guarantee individual rights of everyone everywhere; while 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 his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."
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.
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. https://www.creatorbd.com
Data retention defines the policies of persistent data and records management for meeting legal and business data archival requirements. Although sometimes interchangeable, it is not to be confused with the Data Protection Act 1998.
European Digital Rights is an international advocacy group headquartered in Brussels, Belgium. EDRi is a network collective of non-profit organizations (NGO), experts, advocates and academics working to defend and advance digital rights across the continent. As of October 2022, EDRi is made of more than 40 NGOs, as well as experts, advocates and academics from all across Europe.
Source protection, sometimes also referred to as source confidentiality or in the U.S. as the reporter's privilege, is a right accorded to journalists under the laws of many countries, as well as under international law. It prohibits authorities, including the courts, from compelling a journalist to reveal the identity of an anonymous source for a story. The right is based on a recognition that without a strong guarantee of anonymity, many would be deterred from coming forward and sharing information of public interests with journalists.
Agora Spółka Akcyjna is a Polish media company. Agora and Gazeta Wyborcza were created on the eve of the parliamentary elections in 1989. Gazeta Wyborcza became the first independent newspaper in Poland, while Agora grew into one of the largest and most renowned media companies in Poland. Since 1999 Agora's shares have been listed on the Warsaw Stock Exchange.
The Draft Communications Data Bill was draft legislation proposed by then Home Secretary Theresa May in the United Kingdom which would require Internet service providers and mobile phone companies to maintain records of each user's internet browsing activity, email correspondence, voice calls, internet gaming, and mobile phone messaging services and store the records for 12 months. Retention of email and telephone contact data for this time is already required by the Data Retention Regulations 2014. The anticipated cost was £1.8 billion.
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.
IT-backed authoritarianism, also known as techno-authoritarianism, digital authoritarianism or digital dictatorship, refers to the state use of information technology in order to control or manipulate both foreign and domestic populations. Tactics of digital authoritarianism may include mass surveillance including through biometrics such as facial recognition, internet firewalls and censorship, internet blackouts, disinformation campaigns, and digital social credit systems. Although some institutions assert that this term should only be used to refer to authoritarian governments, others argue that the tools of digital authoritarianism are being adopted and implemented by governments with "authoritarian tendencies", including democracies.
Surveillance capitalism is a concept in political economics which denotes the widespread collection and commodification of personal data by corporations. This phenomenon is distinct from government surveillance, although the two can be mutually reinforming. The concept of surveillance capitalism, as described by Shoshana Zuboff, is driven by a profit-making incentive, and arose as advertising companies, led by Google's AdWords, saw the possibilities of using personal data to target consumers more precisely.
Mass surveillance is the pervasive surveillance of an entire or a substantial fraction of a population. Mass surveillance in Russia includes surveillance, open-source intelligence and data mining, lawful interception as well as telecommunications data retention.
Internet universality is a concept and framework adopted by UNESCO in 2015 to summarize their position on the Internet. The concept recognizes that "the Internet is much more than infrastructure and applications, it is a network of economic and social interactions and relationships, which has the potential to enable human rights, empower individuals and communities, and facilitate sustainable development."{{Citation needed}} The concept is based on four principles stressing the Internet should be human rights-based, open, accessible, and based on the multi-stakeholder participation. These have been abbreviated as the R-O-A-M principles. Understanding the Internet in this way helps to draw together different facets of Internet development, concerned with technology and public policy, rights and development."
Digital self-determination is a multidisciplinary concept derived from the legal concept of self-determination and applied to the digital sphere, to address the unique challenges to individual and collective agency and autonomy arising with increasing digitalization of many aspects of society and daily life.