Restraining the Surveillance State: A Global Right to Privacy

• DOI: https://doi.org/10.13169/jglobfaul.2.1.0001
• Published date: 01 April 2014
• Date: 01 April 2014
• Pages: 1-16
• Author: Binoy Kampmark

Journal of Global Faultlines

ISSN: 2054-2089

Publication details, including instructions for authors:

http://www.keele.ac.uk/journal-globalfaultlines/

Restraining the Surveillance State: A Global Right to Privacy.

Binoy Kampmarka

a RMIT University, Melbourne, Australia. E-mail: bkampmark@gmail.com.

Journal of Global Faultlines/ Volume 2/ Issue 1/ April 2014, pp. 1-16.

Published online: 15 May 2014.

To cite this article:

Binoy Kampmark (2014) ‘Restraining the Surveillance State: A Global Right to

Privacy’, Journal of Global Faultlines, 2(1), 1-16.

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Journal of Global Faultlines, 2014

Vol. 2, No. 1, 1-16.

1

Restraining the Surveillance State: A Global Right to

Privacy

Binoy Kampmark

*

Abstract

Edward Snowden’s revelations of massive data collecting surveillance conducted by the U.S.

National Security Agency in June 2013 suggest that Franz Kafka’s vision of a surveillance state

has been globalised. A movement has developed in response to it urging reforms on an

international scale. One feature of this debate lies in the idea of a global right to privacy. A

global right to privacy suggests a global freedom from unjustified, bulk surveillance beyond the

reaches of judicial oversight. While there are international covenants protecting the right to

privacy, opinions on how such a right is enforced differ. This paper examines the nature of such

a privacy right, its universal feasibility, and the arguments against it. It argues that privacy must

keep pace with the technological applications that undermine it.

“[Edward] Snowden’s case has shown the need to protect persons disclosing information on

matters that have implications for human rights, as well as the importance of ensuring respect

for the right or privacy.”

Navi Pillay, UN High Commissioner for Human Rights, Geneva, Jul 12, 2013

In June 5, 2013, The Guardian reported the existence of previously undisclosed global

surveillance programs being undertaken by the U.S. National Security Agency. It proved to the

first of several revelations from former NSA contract employee Edward Snowden about the bulk

nature of the collection being undertaken by the NSA. The first media report disclosed an order

by the Foreign Intelligence Services Court (FISC), dated April 25, 2013, compelling Verizon

Business Network services to prove the NSA “on an ongoing basis… all call detail records or

‘telephony data’ created by Verizon communications (i) between the United States and abroad

or; (ii) wholly within the United States, including local telephone calls.”

1

This particular program, compelling telecommunications and technology companies to

surrender data, is termed PRISM, and accounts for 91 percent of the organisation’s traffic

acquired under the Foreign Intelligence Surveillance Act of 1978.

2

Ironically, FISA was passed

“in large measure [as] a response to the revelations that warrantless electronic surveillance in

the name of national security had been seriously abused.”

3

The names of other collection and

storage programs deployed by U.S. agencies include Mainway and Marina.

4

Other statutory

provisions, including Section 215 of the USA Patriot Act covering telephony data, have been used

to facilitate drag net surveillance.

5

*

Dr. Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at the School of

Global, Urban and Social Studies, RMIT University, Melbourne. He can be contacted at:

{bkampmark@gmail.com}