State Sponsored Cyber Surveillance
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State Sponsored Cyber Surveillance

The Right to Privacy of Communications and International Law

9781789900095 Edward Elgar Publishing
Eliza Watt, Lecturer in Law, School of Law, Middlesex University, London, UK
Publication Date: 2021 ISBN: 978 1 78990 009 5 Extent: 384 pp
This insightful book focuses on the application of mass surveillance, its impact upon existing international human rights and the challenges posed by mass surveillance. Through the judicious use of case studies State Sponsored Cyber Surveillance argues for the need to balance security requirements with the protection of fundamental rights.

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This insightful book focuses on the application of mass surveillance, its impact upon existing international human rights and the challenges posed by mass surveillance. Through the judicious use of case studies State Sponsored Cyber Surveillance argues for the need to balance security requirements with the protection of fundamental rights.

The author makes a case for the adoption of a multilateral cyber surveillance treaty, together with a review of whether online privacy has yet become a rule of customary international law. Chapters provide a comprehensive and up-to-date account of the right to privacy of communications under the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the American Convention on Human Rights, as well as guiding the reader through the taxonomy of cyber intelligence operations. Eliza Watt also offers insightful studies of the differences between cyber espionage, cyber electoral interference and mass cyber surveillance.

This innovative, thought-provoking book will greatly assist legal practitioners, policymakers and government advisers within the fields of international law and privacy. Students and academics will also be provided with a focussed account and in-depth analysis of recent developments in the law around cyber.
Critical Acclaim
‘Dr Watt’s monograph provides a timely and much-needed assessment of the role of international human rights law in regulating State-sponsored digital surveillance. In doing so, it offers a thorough, thoughtful and at times provocative analysis of whether and to what extent this legal framework can reconcile the competing interests of privacy and security in the Digital Age.’
– Russell Buchan, University of Sheffield, UK

‘With State Sponsored Cyber Surveillance, Eliza Watt, distinguished scholar, international law expert, and civil liberties visionary examines the considerable challenge facing the world’s democracies—properly balancing the global race to enhanced cyber espionage and cyber surveillance against preserving the rule of law and fundamental freedoms. Dr. Watt illuminates a path to protect privacy, and therefore human dignity and autonomy, against increasingly powerful mass surveillance. This book is a must read for anyone committed to maintaining an international order that protects human rights, and who believes that technology of immense power can be harnessed to support rather than undermine democracy. It is both useful and inspiring, an essential resource for students and strategic leaders alike.’
– Harry Wingo, National Defense University, Washington D.C., US

‘In a world of ubiquitous surveillance, Eliza Watt’s book could not be more timely. Meticulously researched and eloquently written, Eliza Watt offers a compelling examination of whether existing international human rights law is adequately equipped to meet the challenges of the age of cyber surveillance. Revealing a fragmented landscape of disparate standards, Watt dares to imagine how law could do better, whilst cautioning that the process of limiting mass cyber surveillance is likely to be incremental at best. A landmark in the field, this book is required reading for anyone with even a passing interest in the relationship between international human rights law and the surveillance practices of the cyber era.’
– Barrie Sander, Leiden University, The Netherlands

‘Dr. Eliza Watt’s timely book explores one of the most controversial problems of the information age: state sponsored cyber surveillance and how it affects the right to privacy. The book is extremely well researched and I have no doubt that it will quickly become a point of reference for anyone interested in the international law of cyber operations.’
– Marco Roscini, University of Westminster, UK

‘The Universal Declaration of Human Rights, adopted in 1948, proclaimed a right to privacy of correspondence at a time when the main concern was unauthorized opening of envelopes. Since its adoption, revolutionary developments in communication technology have been accompanied by unprecedented intrusion into private life, often justified by national security concerns. Eliza Watt provides the definitive study of the new challenges to the protection of human rights in this area, examining and analysing the issues under all branches of international law in this immensely readable book.’
– William A. Schabas, Leiden University, the Netherlands
Contents
Contents: 1. Introduction: the surveillance, security and privacy paradox 2. Cyber espionage, cyber surveillance, foreign electoral interference and international law 3. The right to online privacy as a customary international law rule 4. The principle of non-discrimination and the extraterritorial
application of human rights treaties 5. Treaty-based privacy protection – interference 6. Treaty-based privacy protection – justifications 7. International law and the future of mass surveillance 8. Conclusion Index
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