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View Diary: The Privacy and Civil Liberties Board's Fail on NSA Surveillance (16 comments)

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  •  It will be interesting to see how this is received (6+ / 0-)

    in the EU where it's past 10PM.

    The information on upstream collection methods is interesting and more candid on the details than what I've seen from the USG so far:

    The NSA acquires communications from a second means, which is referred to as upstream collection. Upstream collection is different from PRISM collection because the acquisition occurs not with the compelled assistance of the United States ISPs, but instead with the compelled assistance (through a Section 702 directive) of the providers that control the telecommunications backbone over which communications transit. The collection therefore does not occur at the local telephone company or email provider with whom the targeted person interacts (which may be foreign telephone or Internet companies, which the government cannot compel to comply with a Section 702 directive), but instead occurs “upstream” in the flow of communications between communication service providers.
    Attorney General Holder was in the EU a week ago. He said the US and the EU are close to resolving differences on data collection. He gave a shout out to Viviane Reding, his EU equivalent, who did not attend the speech. Instead, she tweeted a rather curt message to say that his words need to be backed up with legislation. That makes this part of the PCLOB report stand out.
    As a matter of international law, privacy is a human right that has been recognized most prominently in the ICCPR, an international treaty ratified by the U.S. Senate. The question of how to apply the ICCPR right of privacy to national security surveillance, however, especially surveillance conducted in one country that may affect residents of another country, has to this point not been settled among the signatories to the treaty and is the subject of ongoing spirited debate.

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