(Image: NSA slide leaked by Edward Snowden describing the PRISM surveillance program)

Cross-Post: Metadata Surveillance, Secrecy, and Political Liberty (Part Two)

(Image: NSA slide leaked by Edward Snowden describing the PRISM surveillance program)
(Image: NSA slide leaked by Edward Snowden describing the PRISM surveillance program)

My second post in a two-part series on metadata surveillance and liberty has been posted to the Digital Media Law Project’s blog (DMLP Blog).

The International Covenant on Civil and Political Rights (ICCPR), a widely ratified international human rights treaty, includes provisions that relate to liberal and republican conceptions of freedom that are relevant to current discussions about mass government surveillance and communications intelligence gathering. Article 17 of the ICCPR states that, “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.”  Article 18 guarantees the freedoms of thought, conscience, and religion, and Article 19 guarantees the “right to hold opinions without interference” and the “right to freedom of expression.”  The European Convention on Human Rights, an important regional – rather than truly international – treaty, also provides similar protections, as do the constitutions and charters of many other democratic countries. The relevance of these treaties and philosophical accounts of freedom are tied directly to all three of the questions posed in my first post in this series but, I think, they are most interesting when applied to the third question: what transparency and oversight mechanisms ought to govern the collection of communications information by governmental intelligence agencies?

… [continue reading at the DMLP blog]