[bestbits] [IP] DNI releases Fact Sheet on PRISM, but the damage is already done

parminder parminder at itforchange.net
Mon Jun 10 04:38:05 EDT 2013


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
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>
>
>
>
> -- 
> Deborah Brown
> Policy Analyst
> Access | AccessNow.org
> E. deborah at accessnow.org <mailto:deborah at accessnow.org>
> @deblebrown
> PGP 0x5EB4727D

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