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Hi - sharing some ideas that came also from discussion with Frank La
Rue's office and my suggested edits relate to the last para, the
recommended action to the Council: - I think we have a 3 pronged
approach to the call to action which is looking really good:<br>
<br>
"We call on the Human Rights Council to act swiftly to prevent
creation of a global Internet based surveillance system by:<br>
1) convening a special session to examine this case 2) supporting
the recommendation of Mr La Rue that the Human Rights Committee
develop of a new General Comment 16 on the right to privacy in light
of technological advancements and 3) requesting the High
Commissioner to prepare a report a) formally asking states to report
on practices and laws in place on survellilance and what corrective
steps will they willl take to meet human rights standards and b)
examing the implications of this case in in the light of the Human
Rights Council endorsed United Nations Guiding Principles on
Business and Human Rights, the “Protect, Respect and Remedy”
Framework of A/HRC/RES/17/4.<br>
<br>
Joy<br>
<br>
<br>
<br>
On 10/06/2013 8:47 p.m.,<br>
Joana Varon wrote:<br>
<span style="white-space: pre;">> Sure, Parminder. Lets remove
company names. <br>
> And thanks for the comprehension. <br>
><br>
><br>
> On Mon, Jun 10, 2013 at 9:38 AM, parminder
<<a class="moz-txt-link-abbreviated" href="mailto:parminder@itforchange.net">parminder@itforchange.net</a>
<a class="moz-txt-link-rfc2396E" href="mailto:parminder@itforchange.net"><mailto:parminder@itforchange.net></a>> wrote:<br>
><br>
> Hi All<br>
><br>
> IT for Change will endorse this .... (There are some
changes I would have liked to propose but due to the urgency of
the issue i would not do it now. Certainly the names of the
companies involved should have not been mentioned in the
statement. Can we still do it?.)<br>
><br>
> I am sure some of you may already be in contact with him
but if not Philippe Dam with Human Rights Watch may be a useful
person to talk to on this. i am cc-ing the email to him. He is
attending the HR Council meeting. Wonder if Joy is still there?<br>
><br>
> Best, parminder<br>
><br>
><br>
> On Monday 10 June 2013 10:07 AM, Deborah Brown wrote:<br>
>> Dear all, <br>
>><br>
>> Here's a quick update on the draft statement to the
Human Rights Council regarding the impact of state surveillance on
human rights. The draft statement is below. We are currently
reaching out to Geneva based orgs who might be able to assist with
delivery (thanks Joy) and if not we can still publish it and do
outreach. <br>
>><br>
>> Given the short timeframe, can any further edits be
sent on this thread in the next 3.5 hours? Then I will post it to
the Best Bits site to facilitate endorsement. In the meantime, if
organizations or individuals feel comfortable endorsing this
draft, please reply on this thread and we can add your name
through the Best Bits system later. As a reminder, this statement
would be part of a debate at the HRC that will take place at 15:00
Geneva time on Monday. Though not ideal, this was the best time
frame we could come up with for facilitating input and sign on.<br>
>><br>
>> Thanks to everyone who worked on this over the last
12 hours and apologies for any shortcoming in the process because
of time constraints. Looking forward to more input and to working
together to get this finalized.<br>
>><br>
>> Best, <br>
>> Deborah <br>
>><br>
>> Agenda item 8:/General Debate/<br>
>> <br>
>> Civil Society Statement to the Human Rights Council
on the impact of State Surveillance on Human Rights addressing the
PRISM/NSA case<br>
>><br>
>> Thank you Mr. President. I speak on behalf of ______
organizations from ___ countries, across ___ regions. This is a
truly global issue. We express strong concern over recent
revelations of surveillance of internet and telephone
communications of US and non-US nationals by the government of the
United States of America. Equally concerning is the provision of
access to the results of that surveillance to other governments
such as the United Kingdom, and the indication of the possible
complicity of some of the globally dominant US-based Internet
companies whose services and reach are universally distributed.
These revelations raise the appearance of, and may even suggest a
blatant and systematic disregard for human rights as articulated
in Articles 17 and 19 of the International Covenant on Civil and
Political Rights (ICCPR), as well as Articles 12 and 19 of the
Universal Declaration of Human Rights.<br>
>><br>
>> Just last year the Council unanimously adopted
Resolution 20/8, which "Affirms that the same rights that people
have offline must also be protected online, in particular freedom
of expression ..."[1] But during this session the Special
Rapporteur on Freedom of Expression reported (A/HRC/23/40)
worrying new trends in state surveillance of communications with
serious implications for the exercise of the human rights to
privacy and to freedom of opinion and expression. The Special
Rapporteur notes that inadequate and non-existent legal frameworks
"create a fertile ground for arbitrary and unlawful infringements
of the right to privacy in communications and, consequently, also
threaten the protection of the right to freedom of opinion and
expression". [2]<br>
>><br>
>> Affirmation of internet rights and freedoms by
governments in the cross regional statement on freedom of
expression and the Internet is important. But civil society is
extremely concerned that governments supporting this statement are
not addressing, and in fact are ignoring, the recent serious
revelations about mass surveillance in the PRISM/NSA case.
Although the personal information disclosed under this programme
is subject to the oversight of the US Foreign Intelligence
Surveillance Court (FISC), that court sits in secret and has no
responsiblity for ensuring the human rights of those not subject
to US jurisdiction.<br>
>><br>
>> The introduction of surveillance mechanisms into the
very heart of the data streams of the globally central service
providers storing and communicating the majority of the world's
digital communications is a backward step for human rights in the
digital age. As La Rue notes: "This raises serious concern with
regard to the extra-territorial commission of human rights
violations and the inability of individuals to know that they
might be subject to foreign surveillance, challenge decisions with
respect to foreign surveillance, or seek remedies." An immediate
response is needed.<br>
>><br>
>> We call on companies that are voluntary and
involuntary parties to the violation of the fundamental rights of
their users globally to immediately suspend this practice. Such
action would uphold the Human Rights Council endorsed United
Nations Guiding Principles on Business and Human Rights, the
“Protect, Respect and Remedy” Framework of A/HRC/RES/17/4.<br>
>><br>
>> We call for protection of those who have made these
violations public. As Mr La Rue notes, laws "must not be used to
target whistleblowers ... nor should they hamper the legitimate
oversight of government action by citizens." We urge States
protect those whistleblowers involved in this case and to support
their efforts to combat violations of the fundamental human rights
of all global citizens. Whistleblowers play a critical role in
promoting transparency and upholding the human rights of all. <br>
>> <br>
>> This recent case is a new kind of human rights
violation specifically relevant to the Internet and one
foreshadowed in the Council's 2012 Expert Panel on Freedom of
Expression and the Internet. We therefore call on the Human Rights
Council to act swiftly to prevent creation of a global Internet
based surveillance system. One action the Council could take would
be to follow up the Expert Panel by convening a multistakeholder
process to support the recommendation of Mr. La Rue that the Human
Rights Committee develop a new General Comment on the right to
privacy in light of technological advancements <br>
>><br>
>> [1]
<a class="moz-txt-link-freetext" href="http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/G12/153/25/PDF/G1215325.pdf?OpenElement">http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/G12/153/25/PDF/G1215325.pdf?OpenElement</a><br>
>><br>
>> [2]
<a class="moz-txt-link-freetext" href="http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session23/A.HRC.23.40_EN.pdf">http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session23/A.HRC.23.40_EN.pdf</a><br>
>><br>
>> ENDS<br>
>><br>
>><br>
>> On Sun, Jun 9, 2013 at 9:16 PM, Gene Kimmelman
<<a class="moz-txt-link-abbreviated" href="mailto:genekimmelman@gmail.com">genekimmelman@gmail.com</a>
<a class="moz-txt-link-rfc2396E" href="mailto:genekimmelman@gmail.com"><mailto:genekimmelman@gmail.com></a>> wrote:<br>
>><br>
>> I'm glad to see everyone diving in on this. I
have only one overarching issue to raise concerning the framing of
whatever groups decide to put out: I believe it would be most
powerful to challenge both the US Gvt. and companies to explain
how what they have done does NOT constitute human rights
violations, with specific details to explain their stance. I
believe all the language people are suggesting can fit within this
framing, and put the burden on others to show how our concerns are
not justified. This has more to do with long-term diplomatic
impact that anything else; the debate will continue and many of
the facts will probably never be made public -- but I think it is
a strategic advantage for civil society to always be calling for
transparency and basing its conclusions on both what facts are
presented, and what concerns are not addressed by the presentation
of convincing arguments/facts.<br>
>> On Jun 9, 2013, at 8:50 PM, Jeremy Malcolm wrote:<br>
>><br>
>>> On 10/06/2013, at 12:47 AM, Deborah Brown
<<a class="moz-txt-link-abbreviated" href="mailto:deborah@accessnow.org">deborah@accessnow.org</a> <a class="moz-txt-link-rfc2396E" href="mailto:deborah@accessnow.org"><mailto:deborah@accessnow.org></a>>
wrote:<br>
>>><br>
>>>> In any case, we could still work on a
statement to be released around this discussion, or later in the
HRC session, which ends this week. Jeremy, have you had the chance
to work on an outline? If not, I'm happy to help start the
drafting process. My main concern is whether we have enough time
for significant participation from a diversity of groups so that
this is coming from a global coalition. <br>
>>><br>
>>> Would it be OK if we copy it from the pad to
a sign-on statement on bestbits.net <a class="moz-txt-link-rfc2396E" href="http://bestbits.net/"><http://bestbits.net/></a> 5
hours before the hearing? Those who are working on the pad can
pre-endorse it there. If 5 hours ahead is not enough, then I'll
need to instruct someone else on how to do it earlier, because
I'll be in the air until then.<br>
>>><br>
>>> -- <br>
>>><br>
>>> *Dr Jeremy Malcolm<br>
>>> Senior Policy Officer<br>
>>> Consumers International | the global
campaigning voice for consumers*<br>
>>> Office for Asia-Pacific and the Middle East<br>
>>> Lot 5-1 Wisma WIM, 7 Jalan Abang Haji Openg,
TTDI, 60000 Kuala Lumpur, Malaysia<br>
>>> Tel: +60 3 7726 1599
<tel:%2B60%203%207726%201599><br>
>>><br>
>>><br>
>>> WCRD 2013 – Consumer Justice Now! | Consumer
Protection Map: <a class="moz-txt-link-freetext" href="https://wcrd2013.crowdmap.com/main">https://wcrd2013.crowdmap.com/main</a> | #wcrd2013<br>
>>><br>
>>><br>
>>> @Consumers_Int |
<a class="moz-txt-link-abbreviated" href="http://www.consumersinternational.org">www.consumersinternational.org</a>
<a class="moz-txt-link-rfc2396E" href="http://www.consumersinternational.org/"><http://www.consumersinternational.org/></a> |
<a class="moz-txt-link-abbreviated" href="http://www.facebook.com/consumersinternational">www.facebook.com/consumersinternational</a>
<a class="moz-txt-link-rfc2396E" href="http://www.facebook.com/consumersinternational"><http://www.facebook.com/consumersinternational></a><br>
>>><br>
>>> Read our email confidentiality notice
<a class="moz-txt-link-rfc2396E" href="http://www.consumersinternational.org/email-confidentiality"><http://www.consumersinternational.org/email-confidentiality></a>.
Don't print this email unless necessary.<br>
>>><br>
>>><br>
>>><br>
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>>> <br>
>>> <br>
>><br>
>><br>
>><br>
>><br>
>> -- <br>
>> Deborah Brown<br>
>> Policy Analyst<br>
>> Access | AccessNow.org<br>
>> E. <a class="moz-txt-link-abbreviated" href="mailto:deborah@accessnow.org">deborah@accessnow.org</a>
<a class="moz-txt-link-rfc2396E" href="mailto:deborah@accessnow.org"><mailto:deborah@accessnow.org></a><br>
>> @deblebrown<br>
>> PGP 0x5EB4727D<br>
><br>
><br>
><br>
><br>
> -- <br>
><br>
> -- <br>
><br>
> Joana Varon Ferraz<br>
> Centro de Tecnologia e Sociedade (CTS-FGV)<br>
> @joana_varon</span><br>
<br>
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