<div dir="ltr">Please find the Access response to the GNI Report here and copied below<br><br><a href="https://www.accessnow.org/blog/2014/01/08/access-welcomes-the-first-round-of-gni-assessments" target="_blank">https://www.accessnow.org/blog/2014/01/08/access-welcomes-the-first-round-of-gni-assessments</a><br>
<p>Access welcomes today’s report by the Global Network Initiative on
its assessments of the three founding GNI members: Google, Microsoft,
and Yahoo!. The <a href="http://www.google.com/url?q=http%3A%2F%2Fglobalnetworkinitiative.org%2Fsites%2Fdefault%2Ffiles%2FGNI%2520Assessments%2520Public%2520Report.pdf&sa=D&sntz=1&usg=AFQjCNGMMZxmxlNjN463UOAnA81uq--Xzw" target="_blank">Public Report on the Independent Assessment Process</a>
addresses how the companies in question respond to government requests
“implicating freedom of expression or privacy rights” and describes the
assessment of these processes against the GNI Principles. According to
the report, all three companies were found to be in compliance with the
Principles, as per a case review by independent assessors.</p>
<p>We recognize the GNI’s sector-leading efforts and note their progress
in working to advance freedom of expression, privacy, and other human
rights. Today’s report is another step forward for the founding
companies, and towards realizing the promise of the GNI. However, we
believe that significant information is still missing, and that
improvements must be made before the next round of assessments.</p>
<p>The assessments detailed in the report represent the culmination of
the GNI’s three-phase process: The first is a self-reporting stage,
while the second looks at policies and procedures. This process is
intended as an innovative way for diverse stakeholders to monitor
corporate efforts to respect the privacy and free expression rights of
users.</p>
<p>The Phase III assessments look at case studies of human rights risk
scenarios involving government requests that the companies have
received, and the implementation of the GNI Guiding Principles in those
instances. The case studies are a window into some of the pressing human
rights issues faced by companies on a regular basis. However, the fact
that the case studies to be reviewed were proposed by the companies
themselves, from a set of relevant instances known only by the
companies, raises some questions about the rigor of the assessment
process.</p>
<p>Moreover, the report notes that the assessors -- KPMG,
PricewaterhouseCoopers, and Foley Hoag -- struggled to obtain all of the
necessary information about the companies’ policies and practices.
Externally, the assessors faced constraints such as legal limits on
disclosure of national security related requests and user privacy
considerations. Internally, the companies chose to withhold certain
information by asserting attorney-client privileges and claims of
protection of trade secrets (the full assessments are presented to the
GNI Board, which is made up of representatives of other, competing
companies).</p>
<p>While the legal limits on what the companies can say about national security-related requests they receive <a href="https://www.accessnow.org/blog/2013/08/30/obama-administration-continues-to-thwart-meaningful-transparency-on-nsa-sur" target="_blank">are well documented</a>,
the absence of substantial discussion on this issue in this report is a
particularly critical omission, even as the GNI and its member
companies have been <a href="https://www.accessnow.org/blog/2013/12/09/access-welcomes-internet-companies-announcement-in-fight-for-surveillance-r" target="_blank">outspoken on the issue of mass surveillance</a>.</p>
<p>The GNI has made a commitment to reviewing its assessment process now
that its three founding members have gone through a full cycle (and
before new members begin the process). This review is an opportunity to
institute a more robust process in the future. Specifically, we
recommend:</p>
<ul><li>The assessors need full and unfettered access to company data and personnel, to the extent legally permitted;</li><li>Assessor recommendations should be made public for each GNI member.
The lack of detailed recommendations broken down by company makes it
difficult for groups outside the GNI to hold the companies accountable;</li><li>Non-company members of GNI should be more fully involved in the
assessment process. In particular, the assessors must give greater
consideration to the case studies proposed by academics, investors, and
civil society stakeholders. These stakeholders should also be more fully
involved in the case study selection process; and</li><li>The companies must transparently and publicly communicate on their
progress implementing the recommendations, based on a public timeline,
with appropriate consequences for non-compliance.</li></ul>
<p>On the final point about transparency and public timelines: The
reports’ recommendations include calls for greater human rights due
diligence, more granular transparency reporting, and improving
stakeholder and user engagement, and promise a six month timeline for
doing so. This is a welcome step. However, unless the companies publicly
report the actions they are taking to address these gaps, they can’t be
effectively held accountable to the recommendations. It’s also not
clear what sanctions, if any, the companies may face if they fail to
deliver.</p>
<p>Overall, we see this public report as an innovative advance toward a
more transparent and accountable tech sector, and congratulate those who
were involved. We look forward to working alongside the GNI and its
member companies to further extend and defend the digital rights of
users around the world. Access will soon release a deeper analysis of
the report’s substantive recommendations to the companies.</p><br></div><div class="gmail_extra"><br clear="all"><div><div dir="ltr">Brett Solomon<br>Executive Director | Access<br><a href="http://accessnow.org" target="_blank">accessnow.org</a> <br>
+1 917 969 6077 | skype: brettsolomon | @accessnow<br>Key ID: 0x312B641A<i><br><br><b>RightsCon Silicon Valley,</b> March 3-5, 2014. <a href="http://www.rightscon.org" target="_blank">Register interest now</a>!</i><br><br>
</div></div>
<br><br><div class="gmail_quote">On Thu, Jan 9, 2014 at 9:55 AM, McTim <span dir="ltr"><<a href="mailto:mctimconsulting@gmail.com" target="_blank">mctimconsulting@gmail.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
FYI, <a href="http://globalnetworkinitiative.org/news/gni-report-finds-google-microsoft-and-yahoo-compliant-free-expression-and-privacy-principles" target="_blank">http://globalnetworkinitiative.org/news/gni-report-finds-google-microsoft-and-yahoo-compliant-free-expression-and-privacy-principles</a><br>
<br>
Enjoy,<br>
<br>
McTim<br>
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