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International and Foreign

Guest Post: How to Prosecute the Perpetrators of the Malaysian Jet Downing

The Dutch government has opened a criminal investigation of the downing of Malaysia flight 17, and President Obama has pledged that the U.S. will assist the Dutch to bring those responsible for the attack to justice.  Assuming the persons responsible for firing the missile, or ordering its firing, could be identified, what are the options for pursuing individual criminal responsibility?…   continue »

European Court of Human Rights rules against Poland in CIA “black site” case

The European Court of Human Rights has handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Abu Zubaydah v. Poland. The cases were brought on behalf of Guantánamo detainees against Poland in relation to its involvement in the CIA’s rendition, detention and interrogation program, and, in particular, allowing the operation of a CIA “black site” on its territory.…   continue »

Major New United Nations Report Rebukes Five Eyes’ Attempts to Weaken Digital Privacy Rights

The Office of the United Nations High Commissioner for Human Rights (OHCHR) released a significant report last week analyzing the meaning of the human right to privacy in relation to electronic surveillance.  Until recently, human rights-based analysis of electronic surveillance has been notably under-developed, and the report is a valuable contribution to a growing field. …   continue »

U.K. Data Retention and Investigatory Powers Act 2014: Sticking Plaster or Solution?

Earlier this week, I summarized the British Government’s “fast-track” surveillance legislation proposals: the Data Retention and Investigatory Powers Bill. A mere four days later: the Bill has now become law, the Data Retention and Investigatory Powers Act 2014 (or “DRIP”):

A few observations on DRIP:

First, neither of the Government’s two justifications for DRIP (see my earlier post) adequately explain why this important legislation had to be rushed through Parliament as it was.…   continue »

Hearing Begins in New Surveillance Litigation against UK Security Services

The claim brought by Liberty, the British civil liberties’ organisation, against Government Communications Headquarters (GCHQ), the Security Intelligence Services and the Security Service has started today, July 14. The claim is being heard before the Investigatory Powers Tribunal in London.

The claim relates to the Respondents’ use of 2 programs: first, Prism, the NSA programme by which information was obtained from service providers and used; and, second, Tempora, apparently a GCHQ program which intercepts communications entering and leaving the UK through fibre optic cables.…   continue »