European Court Of Human Rights Fast-tracks Case Against GCHQ; More Organizations Launch Legal Challenges To UK Spying

Back in December, we wrote about a legal action that a group of digital rights activists had brought against GCHQ, alleging that the UK's mass online surveillance programs have breached the privacy of tens of millions of people across the UK and Europe. In an unexpected turn of events, the court involved -- the European Court of Human Rights -- has put the case in the fast lane: 

On Techdirt.

Why Mozilla Was Right: GCHQ & NSA Track Cookies

During 2013, I've written a few articles about Mozilla's attempt to give users greater control over the cookies placed on their systems, and how the European arm of the Interactive Advertising Bureau (IAB) tried to paint this as Mozilla "undermining the openness", or "hijacking" the Internet because it dared to stand up for us in this way. That makes this latest revelation from the Snowden treasure-trove of documents, published in the Washington Post, rather important:

On Open Enterprise blog. 

Legal Challenges To Spying Mount In UK

It's taken a while for Europeans to recover from the discovery that they are being spied upon by the NSA (with some help from its friends at GCHQ and elsewhere) pretty much everywhere online and all the time, but finally the legal fightback is beginning to gather pace, at least in the UK. Things got moving in October, with a case filed at the European Court of Human Rights: 

On Techdirt.

Companies Developing Crowd Analysis Programs To Detect 'Abnormalities' In Behavior And Match Faces Against Giant Databases

One of the reasons that the total surveillance programs of the NSA and GCHQ are possible is that computers continue to become more powerful and cheaper, allowing ever-more complex analyses to be conducted, including those that were simply not feasible before. Here's another example of the kind of large-scale monitoring that is now possible, as reported by Nikkei Asian Review: 

On Techdirt.

Australia Spied On Japanese Companies To Help Its Industries Negotiate Trade Deals

As more information comes to light about the global snooping being conducted by the NSA and GCHQ, it is becoming clearer that much of it had little to do with combating terrorism, as a recent EFF article makes plain. But most damaging to the idea that massive surveillance was justified, because it was to protect people from extreme threats, is the revelation that commercial espionage was also being conducted. So far, the chief example of that is in Brazil, but The Sydney Morning Herald (SMH) now has information about large-scale industrial spying on Japanese companies carried out by Australian secret services: 

On Techdirt.

Dutch Telcos Used Customer Metadata, Retained To Fight Terrorism, For Everyday Marketing Purposes

One of the ironies of European outrage over the global surveillance conducted by the NSA and GCHQ is that in the EU, communications metadata must be kept by law anyway, although not many people there realize it. That's a consequence of the Data Retention Directive, passed in 2006, which: 

On Techdirt.

Ex-MI6 Deputy Chief: 'Serious Actors' Already Knew About NSA's Techniques Before Snowden

One of the key issues in the debate surrounding Snowden's leaks is whether they might be threatening our security by letting the bad people know what the NSA and GCHQ are up to. Nigel Inkster, former deputy chief of the UK's foreign intelligence agency, MI6, doesn't think so: 

On Techdirt.

The Deeper Meaning Of Miranda's Detention And The Destruction Of The Guardian's Hard Drives

As many have already observed, the detention of David Miranda comes across as an act of blatant intimidation, as does the farcical destruction of the Guardian's hard drives. But something doesn't ring true about these episodes: spooks may be cynical and ruthless, but they are not generally clueless idiots. 

On Techdirt.

NSA's Crypto Betrayal: Good News for Open Source?

Revelations from documents obtained by whistleblower Edward Snowden that GCHQ essentially downloads the entire Internet as it enters and leaves the UK, and stores big chunks of it, was bad enough. But last week we learned that the NSA has intentionally weakened just about every aspect of online encryption:

On Open Enterprise blog.

UK Police Routinely Spy On 9000 'Domestic Terrorists' Very Loosely Defined

In the wake of the news that spies at GCHQ -- the UK equivalent of the NSA -- have been tapping into every fiber optic cable that comes into and goes out of the country, downloading and storing phone calls and Internet traffic for up to 30 days, you might think the British authorities have enough information at their disposal, without needing to turn to other sources. But it seems not, according to the latest revelations in The Guardian: 

On Techdirt.

GCHQ Revelations Destroy Case for Snooper's Charter

So the revelations from Edward Snowden keep on coming, exposing ever-more profound attacks on privacy and democracy in the UK and elsewhere. News that GCHQ is essentially downloading, storing and searching through the entire flow of Internet traffic that comes into and goes out of the UK without any specific warrant to do so is one side of that. That seems to be taking place through an extremely generous interpretation of the out-of-date RIPA law that is supposed to bring some level of accountability to just this sort of thing. The fact that it doesn't shows that we must reform RIPA and make it fit for the Internet age.

On Open Enterprise blog.