[bestbits] Re: [IRPCoalition] CS statement: DNI releases Fact Sheet on PRISM, but the damage is already done

Viktor Szabados vikszabados at gmail.com
Mon Jun 10 06:55:30 EDT 2013


Hello

thanks a lot!

IRP and BB will be not mentioned in supporters´ list?

thanks,your
vik

2013/6/10, Anja Kovacs <anja at internetdemocracy.in>:
> Many thanks from my side as well to all of you for for making this happen.
> I think the final version of the statement is excellent!
>
> Warmly,
> Anja
>
>
> On 10 June 2013 16:06, Deborah Brown <deborah at accessnow.org> 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
>>>>
>>>>
>>>
>>>
>>> --
>>>
>>>
>>>
>>
>>
>> --
>> Deborah Brown
>> Policy Analyst
>> Access | AccessNow.org
>> E. deborah at accessnow.org
>> @deblebrown
>> PGP 0x5EB4727D
>>
>
>
>
> --
> Dr. Anja Kovacs
> The Internet Democracy Project
>
> +91 9899028053 | @anjakovacs
> www.internetdemocracy.in
>


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SZABADOS Viktor
vikszabados at gmail.com
+36 30 8535388
Budapest, HU


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