[bestbits] Re: [IRPCoalition] CS statement: DNI releases Fact Sheet on PRISM, but the damage is already done
Deborah Brown
deborah at accessnow.org
Mon Jun 10 09:29:23 EDT 2013
Dear all, we just got confirmation that HRW has a speaking slot to make the
intervention. They're towards the list, so it's not guaranteed.
The session appears to be running a bit behind, but here's the direct link
to the webstream again so you have it handy.
http://webtv.un.org/live-now/watch/23rd-regular-session-of-the-human-rights-council-27-may-14-june-2013/2178978643001/
Best,
Deborah
On Mon, Jun 10, 2013 at 6:56 AM, Anriette Esterhuysen <anriette at apc.org>wrote:
> Dear all
>
> Here is the version that will be read. We had to shorten it so that it
> is within the 2 minutes space we have.
>
> Anriette
>
>
> On 10/06/2013 12:36, Deborah Brown wrote:
> > Thanks Joana!
> > Just a quick note to explain that the statement will be made on behalf of
> > APC because as an ECOSOC accredited org they are able to make
> interventions
> > and have graciously facilitated and contributed this intervention. We
> have
> > asked the speaker from HRW to take a look at the the Best Bits link for
> the
> > current list of signatories before reading it at the afternoon session
> 1500
> > Geneva time, so she will be able to say that she is making the statement
> on
> > behalf of xx orgs from around the world. So please make sure you endorse
> > the statement at http://bestbits.net/prism-nsa/
> >
> > I will begin adding those of you who already endorsed it, so look for a
> > confirmation email and click the link.
> >
> > Jeremy, can you fix the layout and footnotes when you have a chance?
> >
> > Thanks to all of you for helping to make this happen in less than 24
> hours
> > across many time zones.
> >
> > Best,
> > Deborah
> >
> >
> > On Mon, Jun 10, 2013 at 6:30 AM, Joana Varon <joana at varonferraz.com>
> wrote:
> >
> >> Dear Anriette and all,
> >>
> >> Thanks a lot for all the work that has been made in such a short period
> of
> >> time. This was amazing!
> >> Here is the link for the next endorsements:
> http://bestbits.net/prism-nsa/
> >> Please, let's spread it!
> >> best
> >> joana
> >>
> >> --
> >>
> >> Joana Varon Ferraz
> >> Centro de Tecnologia e Sociedade (CTS-FGV) <
> http://direitorio.fgv.br/cts/>
> >> @joana_varon
> >>
> >>
> >> On Mon, Jun 10, 2013 at 11:19 AM, Anriette Esterhuysen <
> anriette at apc.org>wrote:
> >>
> >>> Dear all
> >>>
> >>> Thanks for all the inputs. We have tried to include them all.
> >>>
> >>> Here is the final text that will be uploaded to the HRC site and read
> >>> later today by Human Rights Watch on APC's behalf. We have included
> >>> signatories as available now. Deborah will coordinate adding further
> >>> names.
> >>>
> >>> Best
> >>>
> >>> Anriette
> >>>
> >>>
> >>> On 10/06/2013 11:40, Marianne Franklin wrote:
> >>>> Dear all
> >>>>
> >>>> +1 from me.
> >>>>
> >>>> MF
> >>>>
> >>>> On 10/06/2013 10:37, parminder wrote:
> >>>>> I support this text by Joy...
> >>>>>
> >>>>> On Monday 10 June 2013 02:56 PM, joy wrote:
> >>>> 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:
> >>>>
> >>>> "We call on the Human Rights Council to act swiftly to prevent
> >>>> creation of a global Internet based surveillance system by:
> >>>> 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.
> >>>>
> >>>> Joy
> >>>>
> >>>>
> >>>>
> >>>> On 10/06/2013 8:47 p.m.,
> >>>> Joana Varon wrote:
> >>>>> Sure, Parminder. Lets remove company names.
> >>>>> And thanks for the comprehension.
> >>>>
> >>>>> On Mon, Jun 10, 2013 at 9:38 AM, parminder
> >>>> <parminder at itforchange.net <mailto:parminder at itforchange.net>> wrote:
> >>>>
> >>>>> Hi All
> >>>>> 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?.)
> >>>>
> >>>>> 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?
> >>>>
> >>>>> Best, parminder
> >>>>
> >>>>> On Monday 10 June 2013 10:07 AM, Deborah Brown wrote:
> >>>>>> Dear all,
> >>>>>>
> >>>>>> 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.
> >>>>>> 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.
> >>>>>> 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.
> >>>>>> Best,
> >>>>>> Deborah
> >>>>>>
> >>>>>> Agenda item 8:/General Debate/
> >>>>>>
> >>>>>> Civil Society Statement to the Human Rights Council on the
> >>>> impact of State Surveillance on Human Rights addressing the PRISM/NSA
> >>> case
> >>>>>> 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.
> >>>>>> 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]
> >>>>>> 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.
> >>>>>> 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.
> >>>>>> 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.
> >>>>>> 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.
> >>>>>> 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
> >>>>>> [1]
> >>>
> http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/G12/153/25/PDF/G1215325.pdf?OpenElement
> >>>>>> [2]
> >>>
> http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session23/A.HRC.23.40_EN.pdf
> >>>>>> ENDS
> >>>>>>
> >>>>>>
> >>>>>> On Sun, Jun 9, 2013 at 9:16 PM, Gene Kimmelman
> >>>> <genekimmelman at gmail.com <mailto:genekimmelman at gmail.com>> wrote:
> >>>>>> 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.
> >>>>>> On Jun 9, 2013, at 8:50 PM, Jeremy Malcolm wrote:
> >>>>>>
> >>>>>>> On 10/06/2013, at 12:47 AM, Deborah Brown
> >>>> <deborah at accessnow.org <mailto:deborah at accessnow.org>> wrote:
> >>>>
> >>>>>>>> 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.
> >>>>
> >>>>>>> Would it be OK if we copy it from the pad to a sign-on
> >>>> statement on bestbits.net <http://bestbits.net/> 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.
> >>>>
> >>>>>>> --
> >>>>>>> *Dr Jeremy Malcolm
> >>>>>>> Senior Policy Officer
> >>>>>>> Consumers International | the global campaigning voice for
> >>>> consumers*
> >>>>>>> Office for Asia-Pacific and the Middle East
> >>>>>>> Lot 5-1 Wisma WIM, 7 Jalan Abang Haji Openg, TTDI, 60000
> >>>> Kuala Lumpur, Malaysia
> >>>>>>> Tel: +60 3 7726 1599 <tel:%2B60%203%207726%201599>
> >>>>
> >>>>>>> WCRD 2013 -- Consumer Justice Now! | Consumer Protection
> >>>> Map: https://wcrd2013.crowdmap.com/main | #wcrd2013
> >>>>
> >>>>
> >>>>>>> @Consumers_Int | www.consumersinternational.org
> >>>> <http://www.consumersinternational.org/> |
> >>>> www.facebook.com/consumersinternational
> >>>> <http://www.facebook.com/consumersinternational>
> >>>>
> >>>>>>> Read our email confidentiality notice
> >>>> <http://www.consumersinternational.org/email-confidentiality>. Don't
> >>>> print this email unless necessary.
> >>>>
> >>>>
> >>>>
> >>>>>>> --
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> >>>>
> >>>>
> >>>>>>
> >>>>>>
> >>>>>>
> >>>>>> --
> >>>>>> Deborah Brown
> >>>>>> Policy Analyst
> >>>>>> Access | AccessNow.org
> >>>>>> E. deborah at accessnow.org <mailto:deborah at accessnow.org>
> >>>>>> @deblebrown
> >>>>>> PGP 0x5EB4727D
> >>>>
> >>>>
> >>>>
> >>>>> --
> >>>>> --
> >>>>> Joana Varon Ferraz
> >>>>> Centro de Tecnologia e Sociedade (CTS-FGV)
> >>>>> @joana_varon
> >>> --
> >>> ------------------------------------------------------
> >>> anriette esterhuysen anriette at apc.org
> >>> executive director, association for progressive communications
> >>> www.apc.org
> >>> po box 29755, melville 2109
> >>> south africa
> >>> tel/fax +27 11 726 1692
> >>>
> >>>
> >>> _______________________________________________
> >>> IRP mailing list
> >>> IRP at lists.internetrightsandprinciples.org
> >>>
> http://lists.internetrightsandprinciples.org/cgi-bin/mailman/listinfo/irp
> >>>
> >>>
> >>
> >> --
> >>
> >>
> >>
> >
>
> --
> ------------------------------------------------------
> anriette esterhuysen anriette at apc.org
> executive director, association for progressive communications
> www.apc.org
> po box 29755, melville 2109
> south africa
> tel/fax +27 11 726 1692
>
>
--
Deborah Brown
Policy Analyst
Access | AccessNow.org
E. deborah at accessnow.org
@deblebrown
PGP 0x5EB4727D
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