[bestbits] Spying on the World From Domestic Soil: International Backlash

[Katitza Rodriguez]

Spying on the World From Domestic Soil: International Backlash
https://www.eff.org/deeplinks/2013/06/spying-world-domestic-soil

The world is still reeling from the series of revelations about NSA and 
FBI surveillance. Over the past two weeks the emerging details paint a 
picture of pervasive, crossborder spying programs of unprecedented reach 
and scope: the U.S. has now admitted using domestic networks to spy on 
Internet users both domestically and worldwide. The people now know that 
foreign intelligence can spy on their communications if they travel 
through U.S. networks or are stored in U.S. servers.

While international public outrage has justifiably decried the scope and 
reach of these revelations, carte blanche foreign intelligence 
surveillance powers over foreigners are far from new. In the U.S., 
foreign intelligence has always had nearly limitless legal capacity to 
surveil foreigners because domestic laws and protections simply don't 
reach that surveillance activity.

This legal framework, with no protection for foreigners and little 
oversight besides, has been exacerbated by the growth in individuals now 
living their lives online, who conduct their most intimate 
communications in cloud services that are hosted in the U.S. and across 
different jurisdictions. To make matters worse, the vast amount of 
Internet traffic globally is routed through the U.S. Last but not least, 
logistical barriers to powerful, mass surveillance have lowered and the 
application of existing legal principles in new technological contexts 
has become unclear and shrouded in secrecy, especially in a 
extra-territorial surveillance context. The US government’s FISA powers, 
which in 2008 opened the door to broad surveillance of communications 
where one side is a U.S. citizen and the other side is a foreigner, 
represent just an example of an increasing state capacity to conduct 
nearly limitless invasive extra-territorial surveillance from domestic soil.

Full article here: 
https://www.eff.org/deeplinks/2013/06/spying-world-domestic-soil



-- 
Katitza Rodriguez
International Rights Director
Electronic Frontier Foundation
katitza at eff.org
katitza at datos-personales.org (personal email)

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