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Cyber diplomacy: Confidence-building measures

28-10-2015

The growing importance of internet-enabled platforms for delivery of government, financial, and public services makes them one of the key priorities for national security. Over recent years, state, state-sponsored and non-state actors (i.e. terrorist organisations, organised crime groups) alike have resorted to intrusive techniques to gain the economic, political or security upper hand over their competitors and adversaries. The evolving landscape of threats, and challenges linked to attribution ...

The growing importance of internet-enabled platforms for delivery of government, financial, and public services makes them one of the key priorities for national security. Over recent years, state, state-sponsored and non-state actors (i.e. terrorist organisations, organised crime groups) alike have resorted to intrusive techniques to gain the economic, political or security upper hand over their competitors and adversaries. The evolving landscape of threats, and challenges linked to attribution of attacks to specific perpetrators, have further increased the risks of misunderstanding and misperception of operations in cyberspace. Against this background, a number of international and regional organisations in Europe, Asia and Latin America have embarked on the process of developing confidence-building measures in cyberspace, with a focus on improving communication and information exchange, transparency and verification, cooperation and restraint measures. While these are welcome, there is growing concern that the nascent global 'cyber stability regime' may be undermined by diverging concepts, methods and measures elaborated within these diverse frameworks. The European Union has embraced the peaceful development of cyberspace as one of its key priorities in the EU Cybersecurity Strategy. It contributes actively to the ongoing debates about norms, provides support to regional confidence-building processes, and pursues the objective of a stable, safe and secure cyberspace by providing funding for capacity building in partner countries.

US policy to bring terrorists to justice

30-06-2015

US counter-terrorism strategy continues to be at the centre of public attention, with the recent drone strike, killing Yemeni al Quaeda leader Nasir al-Wuhayshi on 16 June 2015. The US government relies on a wide range of tools, inter alia intelligence, law enforcement and foreign policy. US measures to bring terrorists to justice are still being debated and slowly redefined, primarily through court rulings assessing their compatibility with US constitutional law. The United States' criminal law ...

US counter-terrorism strategy continues to be at the centre of public attention, with the recent drone strike, killing Yemeni al Quaeda leader Nasir al-Wuhayshi on 16 June 2015. The US government relies on a wide range of tools, inter alia intelligence, law enforcement and foreign policy. US measures to bring terrorists to justice are still being debated and slowly redefined, primarily through court rulings assessing their compatibility with US constitutional law. The United States' criminal law has been broadened in scope, with wide extraterritorial application allowing prosecution of terrorists of other nationalities committing crimes outside the US. Certain measures taken in parallel to the domestic criminal procedure, such as the institution of ad hoc military commissions and the retention of prisoners in Guantanamo, have been challenged in the courts. The counter-terrorism strategy relies on surveillance machinery involving various actors at the federal and state level, whose task is to identify suspects and gather evidence. The use of technology has created new opportunities for security controls but has also shown how difficult it is to strike a balance between the protection of rights, such as the right to privacy, and these new surveillance methods. The debates on the NSA surveillance programme and the court cases on the No Fly List are but examples of a broader debate on the human rights limits of some security measures taken to fight terrorism. The US deems its collaboration with international actors and the EU in this domain as essential, not least because the functioning of its surveillance apparatus depends in part on information gathered abroad. However, concerns persist over the eventual implications for constitutional rights and freedoms that the US model entails, and these have become one of the major sources of opposition to the Transatlantic Trade Investment Partnership with the US. A new act has been introduced in the US Senate proposing the extension of redress rights under the Privacy Act to major US allies.

Witness protection programmes. EU experiences in the international context

28-01-2013

Witness testimony has critical value in investigating and prosecuting crime. For this reason many witnesses – in particular those who testify against organised crime – are intimidated and threatened. The state responds to this by granting witnesses various forms of protection. It sometimes goes as far as to relocate witnesses and give them new identity through participation in witness protection programmes.

Witness testimony has critical value in investigating and prosecuting crime. For this reason many witnesses – in particular those who testify against organised crime – are intimidated and threatened. The state responds to this by granting witnesses various forms of protection. It sometimes goes as far as to relocate witnesses and give them new identity through participation in witness protection programmes.

Developing Biometrics in the EU

15-03-2010

Accepting a broad definition of biometrics to include behaviour and emotion opens the door to, and is the pre-condition, of a surveillance state of commodified citizens. Biometrics per se are not problematic: their naïve use for diverse purposes is and raises serious ethical issues about their impact on society. Naive use of biometrics compromises claimed security objectives, inadvertently imperils citizens’ rights, and does not necessarily boost either interoperability at the technical level, nor ...

Accepting a broad definition of biometrics to include behaviour and emotion opens the door to, and is the pre-condition, of a surveillance state of commodified citizens. Biometrics per se are not problematic: their naïve use for diverse purposes is and raises serious ethical issues about their impact on society. Naive use of biometrics compromises claimed security objectives, inadvertently imperils citizens’ rights, and does not necessarily boost either interoperability at the technical level, nor politico-security goals at member state and EU level. The paper addresses biometrics, body scanner and related issues of identity management function and mission creep. It makes suggestions for the European Parliament and national parliaments to better evaluate legislative options in order to address and safeguard citizens’ liberties, privacy and data protection, avert de-sensitisation and overcome weaknesses in current legislative responses and data practices. Wellthought out ethical use of ubiquitous ICT is imperative.

Autor externo

Juliet LODGE (ICT ETHICS - f7P, Jean Monnet European Centre of Excellence, University of Leeds, UK) and Max SNIJDER (for the annexed section on Dutch passports ; JMECE and Eurobiometrics Forum) ; under the coordination of the Justice and Home Affairs Section of the Centre for European Policy Studies (CEPS)

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