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On 6 February 2021, the Constitutional Court of South Africa in a historic judgment declared unconstitutional years of secret and unchecked surveillance by South African authorities against millions of people - irrespective of whether they reside in South Africa.
The Court powerfully placed the judgment in historical context:
The constitutionally protected right to privacy seeks to be one of the guarantees that South Africa will not again act like the police state that it was under apartheid…
Content Type: Long Read
What’s the ruling all about?
The Constitutional Court of South Africa in a historic judgment declared that bulk interception by the South African National Communications Centre is unlawful and invalid. Furthermore, the Constitutional Court found that the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) 1) was deficient in failing to provide at least a post-notification procedure for subjects of interception; 2) failed to ensure the…
Content Type: News & Analysis
Today, the Constitutional Court of South Africa in a historic judgment declared that bulk interception by the South African National Communications Centre is unlawful and invalid.
The judgment is a confirmation of the High Court of South Africa in Pretoria’s powerful rejection of years of secret and unchecked surveillance by South African authorities against millions of people - irrespective of whether they reside in South Africa.
The case was brought by two applicants, the amaBhungane Centre…
Content Type: News & Analysis
Today, the European Commission has concluded its Phase II in-depth review of the proposed acquisition of the health and fitness tracker Fitbit by Google, deciding that the merger can go through. While we welcome the commitments put forward by Google to mitigate some risks of compromising individuals' rights and competition, PI considers the effects of this merger will further strengthen Google's capacity to exploit our data.
On 15 June 2020, Google formally notified the European Commission of…
Content Type: Long Read
Privacy and security are both essential to protecting individuals, including their autonomy and dignity. Undermining privacy undermines the security of individuals, their devices and the broader infrastructure. People need privacy to freely secure themselves, their information, and fully enjoy other rights. However, a growing number of governments around the world are embracing hacking to facilitate their surveillance activities.
As a form of government surveillance, hacking presents…
Content Type: Long Read
An edited version of this article was originally published on the EDRi website in September 2020.
Introduction
Monopolies, mergers and acquisitions, anti-trust laws. These may seem like tangential or irrelevant issues for privacy and digital rights organisations. But having run our first public petition opposing a big tech merger, we wanted to set out why we think this is an important frontier for people's rights across Europe and indeed across the world.
In June, Google notified the…
Content Type: News & Analysis
No doubt this is turning out to be a summer full of news about internet companies' digital dominance.
In June, Google notified the European Commission of its plan to acquire Fitbit - a plan that we immediately identified would raise grave concerns for our well-being as consumers.
Today the European Commission has made its decision. And it's good news.
The European regulator has decided to undertake a detailed 'Phase 2' investigation, rather than just green light Google's plans, voicing also the…
Content Type: News & Analysis
Today, the High Court of South Africa in Pretoria in a historic decision declared that bulk interception by the South African National Communications Centre is unlawful and invalid.
The judgment is a powerful rejection of years of secret and unchecked surveillance by South African authorities against millions of people - irrespective of whether they reside in South Africa.
The case was brought by two applicants, the amaBhungane Centre for Investigative Journalism and journalist Stephen…
Content Type: News & Analysis
Federal law enforcement is deploying powerful computer hacking tools to conduct domestic criminal and immigration investigations.
By Alex Betschen, Student Attorney, Civil Liberties & Transparency Clinic, University at Buffalo School of Law
Hacking by the government raises grave privacy concerns, creating surveillance possibilities that were previously the stuff of science fiction. It also poses a security risk, because hacking takes advantage of unpatched vulnerabilities in our…
Content Type: Press release
FOR IMMEDIATE RELEASE
December 21, 2018
CONTACTS:
Alex Betschen, Civil Liberties & Transparency Clinic, [email protected], 716–531–6649
Colton Kells, Civil Liberties & Transparency Clinic, [email protected], 585–766–5119
Abdullah Hasan, ACLU, [email protected], 646–905–8879
NEW YORK — Privacy International, the American Civil Liberties Union, and the Civil Liberties & Transparency Clinic of the University at Buffalo School of Law filed a lawsuit today…
Content Type: News & Analysis
This piece was originally published on Just Security.
Ten years ago, an FBI official impersonated an Associated Press reporter to lure and track a teenager suspected of sending in prank bomb threats to his school. To find him, the FBI agent, posing as a reporter, sent the teenager links to a supposed story he was working on, but the links were infested with malware that once clicked on quickly exposed the teen’s location. More recently, the FBI has seized and modified websites so…
Content Type: News & Analysis
Our intervention comes on the back of mounting evidence that the South African state’s surveillance powers have been abused, and so-called “checks & balances” in RICA have failed to protect citizens’ constitutional right to privacy.
Among our core arguments are:
That people have a right to be notified when their communications have been intercepted so that they can take action when they believe their privacy has been unlawfully breached. Currently RICA prevents such notification, unlike…
Content Type: Long Read
This piece was orignally published in Slate in February 2017
In 2015, the FBI obtained a warrant to hack the devices of every visitor to a child pornography website. On the basis of this single warrant, the FBI ultimately hacked more than 8,700 computers, resulting in a wave of federal prosecutions. The vast majority of these devices—over 83 percent—were located outside the United States, in more than 100 different countries. Now, we are in the midst of the first cases…
Content Type: Long Read
This piece originally appeared here.
On both sides of the Atlantic, we are witnessing the dramatic expansion of government hacking powers. In the United States, a proposed amendment to Rule 41 of the Federal Rules of Criminal Procedure would permit the government to obtain a warrant, in certain circumstances, to hack unspecified numbers of electronic devices anywhere in the world. Meanwhile, across the pond, the British Parliament is currently debating the Investigatory…