How To Discuss Surveillance Methods In The Transatlantic Dialogue On Surveillance Methods

Transcription

1 Transatlantic Dialogue on Surveillance Methods December 2014 Max Planck Institute for Foreign and International Günterstalstr. 73, Freiburg (Germany) Conference Room Fürstenbergstr. 19

2 Introduction Program Description We are at the earliest stages of what has been termed an era of big data. As digital data increases exponentially, the use and exploitation of this data by the public and private sectors will parallel its availability. Big data methods are predictive in nature. The perceived statistical accuracy of data-driven decision making is transforming how law and security objectives are enforced, how policy is shaped and applied, and how governing structures are trying to adapt to the rapid streams of digital data that has been generated through emerging technologies. The perceived efficacy of patternbased data mining and the purported value of future-forecast governing models increase the pressure on governments to collect, store and retain, and analyze more and more digital data. The Snowden disclosures offer but one example of how big data has transformed traditional intelligence gathering activities. The purpose of the "Transatlantic Dialogue on Surveillance Methods" is to explore the legal, political, ethical, and philosophical implications of emerging data-related technologies and intelligence gathering methods through the lens of comparative law, criminal law and criminology, international human rights law, and constitutional protections and principles. Specifically, this event will invite participants to discuss how technological developments the Internet and information society, big data and supercomputing, automated decision-making and cyber-surveillance, predictive policing and precrime programs, behavioral genetics and neuroscience, artificial intelligence governing systems, etc. might impact the rule of law, fundamental rights, and core constitutional values in the future. We anticipate that conversations generated from this Transatlantic Dialogue may culminate in a book that explores data-related concerns regarding data collection, analysis, security, and privacy. This possibly multi-year project has the support of several organizations, including the Max Planck Institute for Foreign and International (Freiburg, Germany), Washington and Lee University School of Law (Lexington, Virginia/USA), and University of Freiburg [Centre for Security and Society]. As a first step, participants will be invited to convene at the Max Planck Institute for Foreign and International, Freiburg, Germany, from December 18-19, The Transatlantic Dialogue will focus on the following four areas of discussion: 1. Telecommunication surveillance a view from Europe & North America. 2. Traffic data retention a. After the decision of the European Court of Justice, April 8, 2014; b. And the protection of personal data and privacy balancing security and basic rights; 3. Intelligence services and law enforcement; big data predictive analytics, including pattern-based data mining and data forecasting. 4. What do we know about the results of data mining? Transatlantic Dialogue on Surveillance Methods, Freiburg (Germany), December 18-19,

3 Format of the Dialogue Greetings Introduction of the Participants Panel 1: Panel 2: Panel 3: Panel 4: Traffic Data Retention after the Decision of the European Court of Justice, April 8, 2014 Interception of Telecommunication, Access to Data, and Implications Surveillance Methods and National Security Concerns Surveillance, Constitutionalism, and Comparative Law Approaches Final Discussion Transatlantic Dialogue on Surveillance Methods, Freiburg (Germany), December 18-19,

4 Thursday, 18 December :00 Greetings by Hans-Jörg Albrecht, Max Planck Institute (MPI) for Foreign and International, Freiburg Nora Demleitner, Faculty of Law, Washington and Lee University, Lexington, Virginia Chair: Russell Miller, Faculty of Law, Washington and Lee University 10:15 Introduction of the Participants Panel 1: Traffic Data Retention after the Decision of the European Court of Justice, April 8, :30-11:15 Data retention in the UK post the European Data Retention Directive: Why blanket surveillance is no security blanket Lucia Zedner, Faculty of Law, University of Oxford, UK 11:15-12:00 Telecommunication Data Retention after the April 2014 Decision of the European Court of Justice Hans-Jörg Albrecht, MPI for Foreign and International 12:00-12:30 Discussion 12:30-14:00 Lunch Break Transatlantic Dialogue on Surveillance Methods, Freiburg (Germany), December 18-19,

5 Chair: Lucia Zedner, Faculty of Law, University of Oxford Panel 2: Interception of Telecommunication, Access to Data, and Implications 14:00-14:30 Interception of Telecommunication and Access to Data - New Paradigms and Legal Challenges Ulrich Sieber, MPI for Foreign and International 14:30-15:00 Digital Innocence Erik Luna, Faculty of Law, Washington and Lee University, co-authored by Joshua Fairfield, Faculty of Law, Washington and Lee University 15:00-15:30 Discussion 15:30-16:00 Coffee Break 16:00-16:30 Technological Supervision and Data Privacy in the Post-Conviction Setting Nora Demleitner, Faculty of Law, Washington and Lee University 16:30-17:00 Privacy versus Crime Control Surveillance in the Telecommunication and Banking Sectors Michael Kilchling, MPI for Foreign and International 17:00-17:30 Discussion 17:45-18:15 Visit of the Library Elisabeth Martin, Head of Library Transatlantic Dialogue on Surveillance Methods, Freiburg (Germany), December 18-19,

6 Friday, 19 December 2014 Chair: Debra Prager, German and Russian Department, Washington and Lee University Panel 3: Surveillance Methods and National Security Concerns 9:00-9:30 Small Data Surveillance v. Big Data Cyber- Surveillance Margaret Hu, Faculty of Law, Washington and Lee University 9:30-10:00 Heretic Realism on Mass Surveillance Martin Hochhuth, Faculty of Law, University of Freiburg 10:00-10:30 Discussion 10:30-11:00 Coffee Break 11:00-11:30 Investigating the Crimes of the National Socialist Underground a Case for Structural Reforms of the Secret Services Involvement in Criminal Proceedings? Marc Engelhart, MPI for Foreign and International 11:30-12:00 German Exceptionalism? Constitutional, legal and policy questions regarding the BND & mass surveillance Stefan Heumann, stiftung neue verantwortung, Berlin 12:00-12:30 Discussion 12:30-14:00 Lunch Break Transatlantic Dialogue on Surveillance Methods, Freiburg (Germany), December 18-19,

7 Friday, 19 December 2014 (cont.) Chair: Emily Silverman, Max Planck Institute for Foreign and International Panel 4: Surveillance, Constitutionalism, and Comparative Law Approaches 14:00-14:30 Privacy by Another Name? Deciphering the Differences in the German and American Struggle to Balance Liberty and Security Russell Miller, Faculty of Law, Washington and Lee University 14:30-15:00 The Right to Informational Self-Determination: A No- Right-Thesis Ralf Poscher, University of Freiburg Faculty of Law 15:00-15:30 Discussion 15:30-16:00 Coffee Break 16:00-16:30 Privacy as a Public Good Joshua Fairfield, Faculty of Law, Washington and Lee University, co-authored by Christoph Engel, Max Planck Institute for Research on Collective Goods, Bonn 16:30-17:00 Big Data Blacklisting Margaret Hu, Faculty of Law, Washington and Lee University Chairs: Nora Demleitner, Faculty of Law, Washington and Lee University and Hans-Jörg Albrecht, MPI for Foreign and International 17:00-17:30 Final Discussion Transatlantic Dialogue on Surveillance Methods, Freiburg (Germany), December 18-19,