[bestbits] [IP] DNI releases Fact Sheet on PRISM, but the damage is already done
joy
joy at apc.org
Mon Jun 10 02:13:00 EDT 2013
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Exactly Nick- that is why the aim is to be as short as possible.
At this stage also we are not sure that we cn get a slot - so it may be
limited to one para only that is read out - but the whole statement can
still be released
best
Joy
On 10/06/2013 6:05 p.m., Nick Ashton-Hart wrote:
>
> Dear Deborah,
>
> As a point of information, I believe NGO statements are limited to 2
minutes.
>
> On 10 Jun 2013 06:37, "Deborah Brown" <deborah at accessnow.org
<mailto:deborah at accessnow.org>> 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
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>>
>>
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https://wcrd2013.crowdmap.com/main | #wcrd2013
>>
>>
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>
>
>
>
> --
> Deborah Brown
> Policy Analyst
> Access | AccessNow.org
> E. deborah at accessnow.org <mailto:deborah at accessnow.org>
> @deblebrown
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