<html><head><meta http-equiv="content-type" content="text/html; charset=utf-8"></head><body dir="auto"><div>Ah! </div><div>So, you probably should also stand against free flow of information language that is present in ALL recent trade agreements.</div><div>Including Korus, and in the TPP...</div><div>Btw... I would love to see more debate around trade agreements in this list.</div><div>Tons of biding language regarding Internet governance - jurisdiction, IP, ISP liability, access to K, free flow, servers placement etc etc etc</div><div><br>Sent from my iPhone</div><div><br>On Jul 6, 2013, at 3:48 PM, Simon Ontoyin <<a href="mailto:exigencygh@gmail.com">exigencygh@gmail.com</a>> wrote:<br><br></div><blockquote type="cite"><div><p>Yes. I was discussing with a friend of mine this evening and we came to a conclusion that the servers should be outside US territory and legislation.</p>
<div class="gmail_quote">On Jun 30, 2013 7:23 AM, "parminder" <<a href="mailto:parminder@itforchange.net">parminder@itforchange.net</a>> wrote:<br type="attribution"><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
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<div>On Saturday 29 June 2013 01:09 AM,
David Sullivan wrote:<br>
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<blockquote type="cite">
<div>With apologies for cross-posting... </div>
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<a href="http://globalnetworkinitiative.org/news/transparency-national-security-and-protecting-rights-online" target="_blank">http://globalnetworkinitiative.org/news/transparency-national-security-and-protecting-rights-online</a><br clear="all">
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<p><b><font size="4">Transparency, National Security,
and Protecting Rights Online</font></b></p>
<p><b>Date: </b>Friday, June 28, 2013 </p>
<p>In light of recent events, the Global Network
Initiative calls on the United States and other governments to
increase the transparency, oversight, and accountability of
laws, regulations, and actions concerning communications
surveillance. </p>
<p><b>GNI Principles and the rule of law </b></p>
<p>GNI’s <a href="http://globalnetworkinitiative.org/principles/index.php" target="_blank"><span>Principles on Freedom of Expression and Privacy</span></a>
are rooted in international human rights law, while also
recognizing that companies are compelled to obey domestic law
in countries where they operate. <br>
</p>
</div>
</blockquote>
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One is still unsure about how much was it a 'compulsion' and how
much was it voluntary..... See for instance slide number 5 in this
news item
<a href="http://www.washingtonpost.com/wp-srv/special/politics/prism-collection-documents/" target="_blank">http://www.washingtonpost.com/wp-srv/special/politics/prism-collection-documents/</a>
<br>
<br>
to quote<br>
<br>
"The seal of Special Source Operations,
the NSA term <i><b>for alliances with trusted U.S. companies</b></i>.
" (emphasis added)<br>
<br>
Now, "trusted US companies" looks like more than compelled US
companies.... isnt it. And this is from official slides, and so
obviously there are deeper US gov - US compaines connections than
mere compulsion to obey domestic laws ...<br>
<br>
Also, I had asked, why when these companies can shift their
accounting purpose headquarters outside US to avoid taxes, why cant
they take their servers outside US to avoid FISA etc. for the sake
of us, non US isans...<br>
<br>
parminder <br>
<br>
<br>
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<br>
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<blockquote type="cite">
<div>
<p>GNI does not underestimate the challenge
governments face in finding the appropriate balance between
security and privacy and free expression. But international
human rights standards set out narrowly defined circumstances
under which governments may restrict the rights to free
expression and privacy.<span>1</span> </p>
<p>GNI is particularly concerned by surveillance
programs that restrict the right to privacy in the context of
inadequate legal safeguards. This is a global problem. Recent
statements by U.S. authorities make clear the need for
informed public debate on whether legislative and judicial
oversight of surveillance that occurs entirely in secret is
consistent with international human rights standards and the
rule of law. The lack of transparency in the United States
around the Foreign Intelligence Surveillance Court (FISC)
interpretations of the FISA Amendments Act and Section 215 of
the USA PATRIOT Act, as well as the inability of companies to
report on the requests they are receiving, make it difficult
for companies operating in the United States to be transparent
regarding their efforts to protect free expression and
privacy. </p>
<p>In light of this we call for three specific
actions:</p>
<p><b>1) Create a declassification process for
significant legal opinions to inform public debate and
enable oversight of government actions. </b></p>
<p>GNI supports recently proposed legislation to
facilitate declassification of significant legal decisions by
the FISC and the FISC Court of Review. We recognize that
unclassified summaries of FISC opinions may be necessary in
some cases but believe that greater declassification will
enable informed public debate as well as improve public
oversight of the nature and the scope of the government’s use
of FISA authorities. </p>
<p><b>2) Revise the provisions that restrict
discussion of national security demands. </b></p>
<p>While understanding the need for confidentiality
in matters of national security, GNI is deeply concerned by
the nondisclosure obligations imposed on companies who receive
FISA orders and National Security Letters (NSLs). These
letters effectively and perpetually prohibit companies from
reporting even in general terms, after the fact, on the
national security demands they receive. Policymakers should
seriously consider reforms that would require government
authorities to make a factual showing to the court to
demonstrate that harm would result from disclosure, before
issuance or renewal of gag orders, or placing a specific time
limit on those orders.</p>
<p><b>3) Governments—especially those already
committed to protecting human rights online—should lead by
example and report on their own surveillance requests.</b></p>
<p>GNI commends the 21 governments of the <a href="http://freedomonline.tn/Fr/about-the-freedom-online-coalition_11_50" target="_blank"><span>Freedom Online Coalition</span></a> for their
commitment to protecting free expression and privacy online
and urges other governments to follow their lead. </p>
<p>However, the credibility of their efforts
ultimately rests on the example they set through their own
domestic laws and policies. Contradictions between countries’
domestic surveillance policies and practices and their foreign
policy positions on Internet freedom and openness
fundamentally undermine their ability to advocate for other
governments to support Internet freedom. </p>
<p>GNI urges the governments in the Freedom Online
Coalition to report on the requests they make for electronic
communications surveillance. We also urge them to make it
legally possible for companies to report regularly to the
public on the government requests that they receive from law
enforcement as well as national security authorities. Annual
reports, such as the U.S. Wiretap Report and the U.K.
Government report of the Interception of Communications
Commissioner offer a starting point for more comprehensive
disclosure of information about the number of national
security surveillance orders made and the number of persons
affected. </p>
<p><b>Next steps</b></p>
<p>GNI will advocate strongly with all governments,
including the U.S., on behalf of these reforms, which are a
prerequisite for informed global public debate on the balance
between national security and privacy and freedom of
expression rights. We view such transparency reforms as
necessary first steps in examining whether domestic law
adequately protects the rights to privacy and freedom of
expression. All governments have a responsibility to work
together with the private sector and civil society to
determine the narrowly defined circumstances (based on
internationally recognized human rights laws and standards)
under which surveillance can take place. We will continue to
push for this dialogue and press governments to meet their
obligation to protect the rights of freedom of expression and
privacy for people all over the world.</p>
<p> 1. Guidance on these circumstances can be found
in Articles 17 and 19 of the <a href="http://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx" target="_blank"><span>International Covenant on Civil and political
Rights (ICCPR)</span></a>. Further specific guidance is
available in the <a href="http://www.article19.org/data/files/pdfs/standards/joburgprinciples.pdf" target="_blank"><span>Johannesburg Principles on National Security,
Freedom of Expression and Access to Information</span></a>.</p>
</div>
<div><br>
</div>
-- <br>
David Sullivan<br>
Policy and Communications Director<br>
<a href="http://www.globalnetworkinitiative.org" target="_blank">Global
Network Initiative</a><br>
Office: +1 202 741 5048<br>
Mobile: +1 646 595 5373
<div>
PGP: 0x60D244AA</div>
<div><a href="https://twitter.com/David_MSullivan" target="_blank">@David_MSullivan</a><br>
<div><font color="#888888"><br>
</font>GNI has moved, please note our new address:</div>
</div>
<div>1200 18th St. NW, Suite 602</div>
<div>Washington, DC 20036</div>
<div><br>
</div>
</blockquote>
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