[bestbits] Fwd: [RedLatAm] Fwd: [EDRi-members] NSA Spying at the UN (Concluding Remarks from the Human Rights Committee)

[Carolina Rossini]

---------- Forwarded message ----------
From: Katitza Rodriguez <katitza at eff.org>
Date: Thu, Mar 27, 2014 at 9:01 AM
Subject: [RedLatAm] Fwd: [EDRi-members] NSA Spying at the UN (Concluding
Remarks from the Human Rights Committee)
To: redlatam at lists.accessnow.org



Human Rights Committee Concluding Remarks -- Here is my Dispatch from
Geneva.


NSA surveillance
22.     The Committee is concerned about the surveillance of communications
in the interests of protecting national security, conducted by the
National Security Agency (NSA) both within and outside the United States
through the bulk phone metadata program (Section 215 of the PATRIOT Act)
and, in particular, the surveillance under Section 702 of Amendments to
the Foreign Intelligence Surveillance Act (FISA) conducted through PRISM
(collection of the contents of communications from U.S.-based companies)
and UPSTREAM (tapping of fiber-optic cables in the U.S. that carry
internet traffic) programs and their adverse impact on the right to
privacy. The Committee is concerned that until recently, judicial
interpretations of FISA and rulings of the Foreign Intelligence
Surveillance Court (FISC) have largely been kept secret, thus not
allowing affected persons to know the law with sufficient precision. The
Committee is concerned that the current system of oversight of the
activities of the NSA fails to effectively protect the rights of those
affected. While welcoming the recent Presidential Policy Directive
(PPD-28) that will now extend some safeguards to non-US persons Â"to the
maximum extent feasible consistent with the national securityÂ", the
Committee remains concerned that such persons enjoy only limited
protection against excessive surveillance. Finally, the Committee is
concerned that those affected have no access to effective remedies in
case of abuse (arts. 2, 5(1), and 17).
The State party should:
        (a)     take all necessary measures to ensure that its surveillance
activities, both within and outside the United States, conform to its
obligations under the Covenant, including article 17; in particular,
measures should be taken to ensure that any interference with the right
to privacy complies with the principles of legality, proportionality and
necessity regardless of the nationality or location of individuals whose
communications are under direct surveillance;
        (b)     ensure that any interference with the right to privacy,
family,
home or correspondence be authorized by laws that (i) are publicly
accessible; (ii) contain provisions that ensure that collection of,
access to and use of communications data are tailored to specific
legitimate aims; (iii) are sufficiently precise specifying in detail the
precise circumstances in which any such interference may be permitted;
the procedures for authorizing; the categories of persons who may be
placed under surveillance; limits on the duration of surveillance;
procedures for the use and storage of the data collected; and (iv)
provide for effective safeguards against abuse;
        (c)     reform the current system of oversight over surveillance
activities
to ensure its effectiveness, including by providing for judicial
involvement in authorization or monitoring of surveillance measures, and
considering to establish strong and independent oversight mandates with
a view to prevent abuses;
        (d)     refrain from imposing mandatory retention of data by third
parties;
        (e)     ensure that affected persons have access to effective
remedies in
cases of abuse.













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-- 
*Carolina Rossini*
*Project Director, Latin America Resource Center*
Open Technology Institute
*New America Foundation*
//
http://carolinarossini.net/
+ 1 6176979389
*carolina.rossini at gmail.com*
skype: carolrossini
@carolinarossini
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