University

University of Torino, Italy

Country

Italy

Document Type

Conference Paper

Description/Abstract

The rapid advancement and intense deployment of surveillance technologies pose a profound threat to fundamental human rights and render the balance between national security and rights and freedoms guarantees even more challenging. This paper interrogates the menace that digital tracking such as IMSI-catchers and other sophisticated tools represent to contemporary democracies with a specific focus on their potential to introduce a “chilling effect” to deter individuals in political and social communities from exercising their freedoms of speech, expression, association, thereby endangering the core values of all democracy. This analysis offers an overview of the state-of-the-art in Europe and highlights recent developments in European legal frameworks, drawing parallels with the regulatory structures and practices in the United States, particularly in the light of landmark cases such as Carpenter vs. US. From the illustration of the Serbian case, where the use of IMSI-catchers has increased concerns over authoritarian trends, to the discussion of the nascent Italian legal approach, this comparative study assesses the effectiveness of European regulatory measures in safeguarding rights. Integrating legal, technological and human rights perspectives, this analysis aims to point out the urgent need for a more robust, right-oriented regulatory structure to address contemporary challenges to democracies in the era of AI, advanced surveillance technologies and greater connection through platforms and social media. It aspires to contribute to the global discussion around major and urgent issues in International Politics and to the imperative to safeguard fundamental rights from the perverse effect of technological changing and global development.

Keywords

Public surveillance, Human rights, Democracy, Privacy, Technology

Disciplines

Comparative Politics | Defense and Security Studies | Human Rights Law | International Relations | Privacy Law

DOI

10.25776/cawr-kw71

Session Title

Global Security, Truth Subversion, & Geopolitical Challenges

Location

Chesapeake Room, ODU Webb Center

Start Date

3-21-2025 10:50 AM

End Date

3-21-2025 12:00 PM

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Mar 21st, 10:50 AM Mar 21st, 12:00 PM

Public Surveillance and Human Rights: The Chilling Effect of Surveillance Technologies and Legal Debates in Europe

Chesapeake Room, ODU Webb Center

The rapid advancement and intense deployment of surveillance technologies pose a profound threat to fundamental human rights and render the balance between national security and rights and freedoms guarantees even more challenging. This paper interrogates the menace that digital tracking such as IMSI-catchers and other sophisticated tools represent to contemporary democracies with a specific focus on their potential to introduce a “chilling effect” to deter individuals in political and social communities from exercising their freedoms of speech, expression, association, thereby endangering the core values of all democracy. This analysis offers an overview of the state-of-the-art in Europe and highlights recent developments in European legal frameworks, drawing parallels with the regulatory structures and practices in the United States, particularly in the light of landmark cases such as Carpenter vs. US. From the illustration of the Serbian case, where the use of IMSI-catchers has increased concerns over authoritarian trends, to the discussion of the nascent Italian legal approach, this comparative study assesses the effectiveness of European regulatory measures in safeguarding rights. Integrating legal, technological and human rights perspectives, this analysis aims to point out the urgent need for a more robust, right-oriented regulatory structure to address contemporary challenges to democracies in the era of AI, advanced surveillance technologies and greater connection through platforms and social media. It aspires to contribute to the global discussion around major and urgent issues in International Politics and to the imperative to safeguard fundamental rights from the perverse effect of technological changing and global development.