[bestbits] Surveillance paragraph of netmundial document

[Lorena Jaume-Palasí]

indeed, it is a national security-law problem and as you stated, Nick,
it has a digital dimension. Issues with a digital dimension and about
regulation are not in the focus of internet governance? I do think that
this is an internet governance issue -however not exclusively since it
affects other political dimensions too.
Kind regards,
Lorena

Am 17.04.2014 12:31, schrieb Nick Ashton-Hart:
> I think the key issue here is: how do countries treat non-nationals in pursuit of their national
security and law enforcement activities.
>
> This is not actually an ‘Internet problem’ or an Internet governance
issue to my mind, it is a surveillance problem that affects the Internet
because the Internet is the tool being used.
>
> On 17 Apr 2014, at 12:09, Lorena Jaume-Palasí <lorena at collaboratory.de
<mailto:lorena at collaboratory.de>> wrote:
>
>> Hmm, no word on extraterritoriality there... and since the nation
states have to apply the principles towards their own citizens, within
their own national borders and since national intelligence agencies
goals and infractions affect third parties, the legal hole remains...
>> From the enforcement point of view, this is going to be a tough
cookie. It makes more sense (but would take longer) to think about
international standards and limits on cyber-spionage.
>> Kind regards,
>> Lorena
>>
>> QUOTE FROM PATRIK
>>>
>>>     
>>>     Although I can understand the interest for more detailed
language, and support us trying to get that, it is already known that
States that have signed up to the Human Rights Treaty can not sign up to the
>>>     necessaryandproportionate.org
<http://necessaryandproportionate.org/> principles, so such negotiations
will fail. A counter proposal has been released by the Swedish Foreign
Minister Carl Bildt that reads:
>>>     
>>>     <http://www.regeringen.se/sb/d/17280/a/226590>
>>>     
>>>     To this objective, let me propose seven principles I believe
should be observed.
>>>     
>>>     1. First, legality.
>>>     
>>>     Surveillance needs to be based on laws.
>>>     
>>>     These laws must be adopted in a transparent manner through a
democratic process.
>>>     
>>>     The implementation of these laws should be reviewed periodically
to ensure that the expansion of surveillance capabilities due to, for
instance, technological advances is properly debated.
>>>     
>>>     2. Second, legitimate aim.
>>>     
>>>     Surveillance must be conducted on the basis of a legitimate and
well-defined aim.
>>>     
>>>     Surveillance measures may never be carried out in a
discriminatory or discretionary manner and only by specified state
authorities.
>>>     
>>>     3. Third, necessity and adequacy.
>>>     
>>>     The law should justify that surveillance is necessary and
adequate to achieve the legitimate aim.
>>>     
>>>     4. Fourth, proportionality.
>>>     
>>>     A sound proportionality judgment must be made, to carefully
assess whether the benefits of surveillance outweigh its negative
consequences.
>>>     
>>>     5. Fifth, judicial authority.
>>>     
>>>     Decisions on the use of communications surveillance should be
taken by a competent authority.
>>>     
>>>     As a general rule, an independent court should take such decisions.
>>>     
>>>     6. Sixth, transparency.
>>>     
>>>     States should be as transparent as possible about how they carry
out surveillance.
>>>     
>>>     They should provide information on how the surveillance
legislation works in practice.
>>>     
>>>     7. Seventh, public oversight of parliamentary or other credible
institutions.
>>>     
>>>     We need to scrutinise how the laws work, to create transparency
and build trust and legitimacy.
>>>     
>>>     Our obligation as governments is to provide security and to
respect human rights - not either or.
>>>     
>>>        Patrik
>>>     
>>>     END QUOTE
>>>     
>>>
>>
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