Bulk Collection: Systematic Government Access to Private-Sector Data

ISBN : 9780190685515

Fred H. Cate; James X. Dempsey
472 ページ
156 x 235 mm

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.


List of Contributors
Glossary of Acronyms and Abbreviations
Introduction and Background
Fred H. Cate and James X. Dempsey

Part I: Country Reports
1. Systematic Government Access to Private-Sector Data: a Comparative Analysis
Ira S. Rubinstein, Gregory T. Nojeim and Ronald D. Lee
Europe and the Middle East
2. Systematic Government Access to Private-Sector Data in France
Winston Maxwell
3. Systematic Government Access to Private-Sector Data in Germany
Paul M. Schwartz
4. Systematic Government Access to Private Sector Data in Israel
Omer Tene
5. Systematic Government Access to Private-Sector Data in Italy
Giorgio Resta
The Americas
6. Systematic Government Access to Private-Sector Data in Brazil
Bruno Magrani
7. Systematic Government Access to Private-Sector Data in Canada
Jane Bailey and Sara Shayan
8. Systematic Government Access to Private-Sector Data in the United States I
Stephanie Pell
9. Systematic Government Access to Private-Sector Data in the United States II: The US Supreme Court and Information Privacy
Fred H. Cate and Beth E. Cate
Asia and the Pacific
10. Systematic Government Access to Private-Sector Data in Australia
Dan Jerker B. Svantesson
11. Systematic Government Access to Private-Sector Data in China
Zhizheng Wang
12. Systematic Government Access to Private-Sector Data in India
Sunil Abraham
13. Systematic Government Access to Private-Sector Data in Japan
Motohiro Tsuchiya
14. Systematic Government Access to Private-Sector Data in the Republic of Korea
Sang Jo Jong

Part II: Governance and Oversight
15. Chapter 5: Organisational Accountability, Government Use of Private Sector Data, National Security, and Individual Privacy
James X. Dempsey, Fred H. Cate, and Martin Abrams
16. Chapter 6: Surveillance and Privacy Protection in Latin America: Examples, Principles, and Suggestions
Eduardo Bertoni and Collin Kurre
17. Trust But Verify: The Importance of Oversight and Transparency in the Pursuit of Public Safety and National Security
Scott Charney
18. Regulating Foreign Surveillance through International Law
Ashley Deeks
19. Preventing the Police State: International Human Rights Laws Concerning Systematic Government Access to Communications Held or Transmitted by the Private Sector
Sarah St. Vincent
20. Standards for Independent Oversight: the European Perspective
Nico van Eijk
21. Stakeholders in Reform of the Global System for Mutual Legal Assistance [New 5550 words]
Peter Swire
Justin Hemmings
22. From Real-Time Intercepts to Stored Records: Why Encryption Drives the Government to Seek Access to the Cloud
Peter Swire

Part III: Conclusion
23. Recommendations for Government and Industry
James X. Dempsey and Fred H. Cate

Part IV: Appendices
Participants, Washington, April 3, 2012
Participants, London, June 3, 2013
Participants, Brussels, November 12, 2013
Participants, Montreal, May 9, 2014
Participants, London, May 30, 2014
Participants, London, March 1-2, 2016



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 Privacy Law. 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 National Security.