[bestbits] URGENT - statement commenting on draft NETmundial text to be posted 8.5 hours from now

Fri Apr 11 06:53:40 EDT 2014

Surveillance

>
>> "arbitrary or unlawful collection of personal data and surveillance" by
>> States ..
>>
>> States can declare lawful whatever they do. Isn't there a recent UN
>> declaration (dec 2013 ?) that could provide some language here.
>>
>
> For your convience:
>
> 1. Reaffirms the right to privacy, according to which no one shall be
> subjected to arbitrary or unlawful interference with his or her privacy,
> family, home or correspondence, and the right to the protection of the law
> against such interference, as set out in article 12 of the Universal
> Declaration of Human Rights and article 17 of the International Covenant on
> Civil and Political Rights;
> 2. Recognizes the global and open nature of the Internet and the rapid
> advancement in information and communications technologies as a driving
> force in accelerating progress towards development in its various forms;
> 3. Affirms that the same rights that people have offline must also be
> protected online, including the right to privacy;
>
> This is very strong language, agreed upon by the General Assembly. Why
> should civil society be satisfied with less?
>

I think Louis is right: since the rights have to be implemented by the
nation states and the nation states do also authorize intelligence agencies
to mass surveillance, they consider this as lawful interference.
EFF has been trying to introduce a new concept "legitimate aim" - this
could be a new term, that could made the argument even stronger
There is also a proposal focused on the concept of "extraterritoriality"
meaning that nationality and national boundaries shouldn't be a criterium
In all cases Frank la Rue an many scholars are pointing out that
international law on privacy doesn't need more addenda but rather a comment.
Imho we are overseeing at international level what few are beginning to
understand at a national level: mass surveillance affects our privacy -
hence many are addressing the issue as a data protection or privacy law
problem, however, the law regulating intelligence agencies is not in the
privacy field, but in the security field. So it is a privacy issue
politically but a security issue from the legal perspective. Coherently, at
an international level this would mean, that what needs to be issued are
international principals on the limits and obligations of security.

Congrats for the super rapid drafting.
Best regards,
Lorena

>
> What really matters: he right to the protection of the law against such
> interference,
>
> This goes beyond an individual right to privacy, it includes a right to be
> protected of the law and thus may imply a right to the protection of
> privacy.
>
>

>
>
>> Internet Infrastructure
>>
>> Internet is a network of networks and applications using a diversity of
>> infrastructures, not a singular entity. In this context /"unfragmented"/
>>
>> is an undefined term without any precise meaning. Suggestion:
>> /interoperable/.
>>
>
> I support that too. The "threat of fragmentation" seems to have assumed a
> political/ideological meaning over the last year or so.
>
> jeanette
>
>> - - -
>>
>> On Fri, Apr 11, 2014 at 10:39 AM, Andrew Puddephatt
>> <Andrew at gp-digital.org <mailto:Andrew at gp-digital.org>> wrote:
>>
>>     Great work everyone - thanks for putting this together so speedily
>>
>>     Andrew Puddephatt
>>     Global Partners Digital
>>     Andrew at gp-digital.org <mailto:Andrew at gp-digital.org>
>>     Tel mobile +44 (0)771 339 9597 <tel:%2B44%20%280%29771%20339%209597>
>>     Tel office +44 (0)207 549 0350 <tel:%2B44%20%280%29207%20549%200350>
>>
>>
>>     From: Jeremy Malcolm <Jeremy at Malcolm.id.au
>>     <mailto:Jeremy at Malcolm.id.au>>
>>     Reply-To: Jeremy Malcolm <Jeremy at Malcolm.id.au
>>     <mailto:Jeremy at Malcolm.id.au>>
>>
>>     Date: Friday, 11 April 2014 05:09
>>     To: "<bestbits at lists. net>" <bestbits at lists.bestbits.net
>>     <mailto:bestbits at lists.bestbits.net>>
>>
>>     Subject: [bestbits] URGENT - statement commenting on draft
>>     NETmundial text to be posted 8.5 hours from now
>>
>>     Yesterday the Best Bits participants who are helping to organise the
>>     NETmundial civil society pre-meeting on 22 April held a call about
>>     the meeting (more on this later), and also, thought not on the
>>     agenda, there was consensus that it would be strategically important
>>     to post a short statement about the NETmundial text that was leaked
>>     by Wikileaks on Wednesday
>>     (https://wikileaks.org/netmundial-outcome/NETmundial-
>> EMC-Outcome-Document.pdf
>>     <https://wikileaks.org/netmundial-outcome/NETmundial-
>> EMC-Outcome-Document.pdf%29>)
>>
>>     in order to influence the drafting process that is current underway.
>>
>>     The statement is generally supportive of the draft but highlights
>>     the parts that we consider most important to preserve, particularly
>>     considering the points endorsed in previous BestBits submissions.
>>
>>     Unfortunately, *the statement has to be released by 8.5 hours from
>>     now* because that is the next meeting of the Executive
>>
>>     Multistakeholder Committee (EMC) at which the draft will be
>>     considered again. So with our apologies for the very short notice
>>     and limited opportunity to participate by those who were not on the
>>     call, here is a sign-on statement that was composed over the last
>>     few hours (into the late night for some):
>>
>>     http://bestbits.net/netmundial-outcome-comments/
>>
>>     I am also pasting it below.  If you would like to endorse it, please
>>     make sure that if you do so before 10:30am Brazil time, which is
>>     less than 8.5 hours from now.  As usual, you can endorse it from the
>>     website above, not by replying to this email.  The statement will
>>     also be emailed to the Executive Multistakeholder Committee members
>>     to ensure that they receive it before their meeting.
>>
>> [snip]
>>
>
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-- 
Lorena Jaume-Palasí, M.A. * Coordinator of the Global Internet Governance
(GIG) Ohu
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