[IRPCoalition] [bestbits] Re: CS statement: DNI releases Fact Sheet on PRISM, but the damage is already done
Matthias C. Kettemann
matthias.kettemann at gmail.com
Tue Jun 11 16:50:29 EDT 2013
Happy to work on the international law side of things. Perhaps we can
gather ideas at the Flash Session during EuroDIG ...
Kind regards
Matthias
On Tue, Jun 11, 2013 at 10:43 PM, Anriette Esterhuysen <anriette at apc.org>wrote:
>
> Dear Deborah
>
> Count APC in. Keep in mind that the Geneva-based HR groups are not all
> on these lists.. but we can contact them once we know who else wants to
> be involved.
>
> Anriette
>
> On 11/06/2013 20:29, Deborah Brown wrote:
> > Dear all,
> >
> > The HRC statement (which is continuing to attract sign on) makes three
> > requests to the Human Rights Council (pasted below). Is anyone interested
> > in starting a separate thread (on- or off-list) about taking these
> requests
> > forward? In particular it would be good to have Geneva-based people and
> > those with experience in advocacy at the HRC involved, but of course all
> > are welcome. I think it would be good to do coordinated outreach to
> > governments and to follow up with OHCHR, which already provided some
> advice
> > on crafting the recommendations.
> >
> > - convening a special session to examine this case
> > - supporting a multistakeholder process to implement the
> recommendation
> > of Mr La Rue that the Human Rights Committee develop a new General
> Comment
> > 16 on the right to privacy in light of technological advancements,
> and,
> > - requesting the High Commissioner to prepare a report that:
> > - formally asks states to report on practices and laws in place on
> > surveillance and what corrective steps will they will take to meet
> human
> > rights standards, and,
> > - examines 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.
> >
> > Warm regards,
> > Deborah
> >
> >
> > On Tue, Jun 11, 2013 at 1:03 PM, shaila mistry <shailam at yahoo.com>
> wrote:
> >
> >> ++1
> >> This is excellent
> >> Shaila
> >>
> >> *The journey begins sooner than you anticipate !*
> >> *..................... the renaissance of composure !
> >> *
> >>
> >> ------------------------------
> >> *From:* Anriette Esterhuysen <anriette at apc.org>
> >> *To:* Deborah Brown <deborah at accessnow.org>
> >> *Cc:* bestbits at lists.bestbits.net; "
> >> irp at lists.internetrightsandprinciples.org" <
> >> irp at lists.internetrightsandprinciples.org>
> >> *Sent:* Monday, June 10, 2013 3:56 AM
> >> *Subject:* Re: [IRPCoalition] [bestbits] Re: CS statement: DNI releases
> >> Fact Sheet on PRISM, but the damage is already done
> >>
> >> 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.
> >>>>>>
> >>>>>>
> >>>>>>
> >>>>>>>>> --
> >>>>>>>>> You received this message because you are subscribed to
> >>>>>> the Google Groups "Web We Want working group" group.
> >>>>>>>>> To unsubscribe from this group and stop receiving emails
> >>>>>> from it, send an email to webwewant+unsubscribe at googlegroups.com
> >>>>>> <mailto:webwewant+unsubscribe at googlegroups.com>.
> >>>>>>>>> For more options, visit
> >>>>>> https://groups.google.com/groups/opt_out.
> >>>>>>
> >>>>>>
> >>>>>>>>
> >>>>>>>>
> >>>>>>>> --
> >>>>>>>> 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
> >>
> >>
> >> _______________________________________________
> >> 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
>
>
--
Univ. Ass. Dr. Matthias C. Kettemann, LL.M. (Harvard)
Institut für Völkerrecht und Internationale Beziehungen
Karl-Franzens-Universität Graz
Universitätsstraße 15/A4, 8010 Graz, Österreich
T | +43 316 380 6711
M | +43 676 701 7175
E | matthias.kettemann at uni-graz.at
Blog <http://internationallawandtheinternet.blogspot.com/> |
SSRN<http://ssrn.com/author=1957909> |
Google Scholar <http://scholar.google.ch/citations?user=8jRGt2QAAAAJ> | Amazon
Authors' Page <http://www.amazon.de/-/e/B00DBT3K36>
Twitter <http://twitter.com/#%21/MCKettemann> |
Facebook<http://www.facebook.com/matthias.kettemann>
| Google+ <https://plus.google.com/u/0/116310540881122884114/posts>
Jüngste Veröffentlichungen:
The Future of Individuals in International Law
(2013)<http://www.elevenpub.com/law/catalogus/the-future-of-individuals-in-international-law>,
Grenzen im Völkerrecht (2013,
Hrsg)<http://www.jan-sramek-verlag.at/Buchdetails.455.0.html?buchID=139&cHash=e856a8a762>
--
Dr Matthias C. Kettemann, LLM (Harvard)
Institute of International Law and International Relations
University of Graz
Universitätsstraße 15/A4, 8010 Graz, Austria
T | +43 316 380 6711
M | +43 676 701 7175
E | matthias.kettemann at uni-graz.at
Blog <http://internationallawandtheinternet.blogspot.com/> |
SSRN<http://ssrn.com/author=1957909>
| Google Scholar
<http://scholar.google.ch/citations?user=8jRGt2QAAAAJ> | Amazon
Authors' Page <http://www.amazon.de/-/e/B00DBT3K36>
Twitter <http://twitter.com/#%21/MCKettemann> |
Facebook<http://www.facebook.com/matthias.kettemann>
| Google+ <https://plus.google.com/u/0/116310540881122884114/posts>
Recent publications:
The Future of Individuals in International Law
(2013)<http://www.elevenpub.com/law/catalogus/the-future-of-individuals-in-international-law>
,
Grenzen im Völkerrecht (2013,
ed.)<http://www.jan-sramek-verlag.at/Buchdetails.455.0.html?buchID=139&cHash=e856a8a762>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.igcaucus.org/pipermail/bestbits/attachments/20130611/4be53fb1/attachment.htm>
More information about the Bestbits
mailing list