Law School Privacy and Security on the Internet: the Balance between National Interest, Individual Civil Liberties and the Global Society Ian King Law School Staffordshire University 1

Law School Context The Internet has become unconsciously ubiquitous: 2

Law School More Data = More Surveillance 3

Law School Covert Surveillance NSA programme to break encryption makes “vast amounts” of data “exploitable” NSA spends $250M a year to covertly influence technology companies’ product designs to insert backdoors GCHQ working to find routes into encrypted traffic on major service providers 4

Law School Surveillance by Law Data Protection & Investigatory Powers Act: Royal Assent 17 July 2014 Powers for data retention and interception of communications Provides for extra-territoriality of interception where services provided to users in the UK S.4(6): RIPA obligation may be imposed on and notice given to persons outside the UK (and may be so imposed or given in relation to conduct outside the UK) 5

Law School Non-government Surveillance 6

Law School Who’s in Control? US government National governments European data protection authorities European Court of Justice International organisations e.g. UN, ITU Technical infrastructure authorities e.g. ICANN, FCC Service providers: Google, Apple, Microsoft, Facebook etc. 7

Law School But… The Internet is extraterritorial and limitless – not designed to facilitate national regulation State powers are by their nature territorial and limited – although doesn’t stop governments trying to be extra-territorial 8

Law School Creating Order from Chaos? Some principles (in an ideal world?!) International No single government with a pre-eminent role Multi-stakeholder Public-private partnership Decentralised Rights based Is this realistic? Or desirable? Will governments and big business voluntarily give up control? 9

Law School Or Should we prefer Chaos? 10