[bestbits] Call for Submissions for new UN study on use of encryption and anonymity

[Nick Ashton-Hart]

Dear Ian,

I hope we are all wrong in our pessimism. Personally I think the 'other side' will be too clever to go for outlawing encryption. They'll go for a populist conception like a 'front door' to break it when they 'need' access - it will sound great to the vast majority who don't understand there are no front doors, only back doors.

There will be strong opposition from industry, undoubtedly. However, countries are already conflating their use of data and that of the private sector precisely because it puts the private sector on the defensive. 

There is division in the US Reps on this true - however that's far from the only country where this is playing out and in a number of European countries the laws are already pretty bad, and candidly I think there's far too much focus on the US changing its laws when this problem is inherently global, not national, and the fight is being lost, not won, more often than not; the obsession with US reform is sucking in an enormous amount of airtime and energy. I fear, very much, for my country, the UK - everything hangs on the election result.

On 20 Jan 2015, at 04:33, Ian Peter <ian.peter at ianpeter.com> wrote:

> I tend to agree Nick – I thing there may be a strong push to outlaw some sorts of encryption as part of a very strong push to increase surveillance in coming months. However,
> I think many industry voices will side with us in opposition to this. Plus I would suspect republican majority in USA is divided on this. So I think the debate could turn and we should make strong efforts.
>  
> To me there is a strong argument that any steps to control encryption will have no effect on terrorism at all, because new forms of encryption will evolve anyway faster than they can be regulated. Just as any increases in mass surveillance are unlikely to have any effect on terrorism whatsoever (see http://www.newscientist.com/article/dn26801-mass-surveillance-not-effective-for-finding-terrorists.html#.VL2JBEeUdVT) In both the recent Sydney and Paris incidents the people responsible were already well known to police and under surveillance but that did not stop them.
>  
> However, the efforts will create further extensive and widespread distrust in the Internet. That is a serious problem.
>  
> We will have strong allies here in both technical community and among business interests.
>  
>  
> Ian
>  
>  
>  
>  
>  
> From: Nick Ashton-Hart
> Sent: Tuesday, January 20, 2015 9:15 AM
> To: Ian Peter
> Cc: Carolina Rossini ; Joana Varon ; Deborah Brown ; bestbits at lists.bestbits.net
> Subject: Re: [bestbits] Call for Submissions for new UN study on use of encryption and anonymity
>  
> Sadly, though I am not a betting man, I would put money on the premise that far from surveillance reform in 2015 we will actually find we're fighting a pretty desperate battle for things not to go badly wrong the other direction.
>  
> ... and I would very, very much love to be wrong.
> 
> On 19 Jan 2015, at 23:04, Ian Peter <ian.peter at ianpeter.com> wrote:
> 
>> I think a response is extremely important, having just read this.
>> 
>> http://www.nationaljournal.com/tech/obama-announces-new-cyber-war-games-partnership-with-great-britain-20150116
>> 
>> It suggests that Obama may side with UK in trying to outlaw strong encryption
>> 
>> Ian
>> 
>> From: Carolina Rossini 
>> Sent: Tuesday, January 20, 2015 8:25 AM
>> To: Joana Varon 
>> Cc: Deborah Brown ; mailto:bestbits at lists.bestbits.net 
>> Subject: Re: [bestbits] Call for Submissions for new UN study on use of encryption and anonymity
>> 
>> Do we want to send something as BestBits? 
>> Folks from the list, any interest for a collective input?
>> 
>> On Mon, Jan 19, 2015 at 1:42 PM, Joana Varon <joana at varonferraz.com> wrote:
>> 
>> Very important. Thanks for sharing. Will be happy to produce inputs from the Brazilian Perspective. If anyone from Latam also want to do so, please, ping me and we can do something regional. 
>> best
>> jo
>> 
>> 
>> On 19 January 2015 16:09:48 GMT-02:00, Deborah Brown <deborah at apc.org> wrote:
>> -----BEGIN PGP SIGNED MESSAGE-----Hash: SHA512Dear all,In case of interest, the new UN Special Rapporteur David Kaye is lookingat the use of encryption and anonymity in his first report and isencouraging input from civil society. The deadline is 10 Feb.Best,Deborahhttp://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/CallForSubmission.aspx      Special Rapporteur will study the use of encryption and anonymityin digital communications in his 2015 HRC reportThe Special Rapporteur on the protection and promotion of the right tofreedom of opinion and expression, David Kaye, is currently preparing areport on the legal framework governing the relationship between freedomof expression and the use of encryption to secure transactions andcommunications, and other technologies to transact and communicateanonymously online. This report will be presented to the Human RightsCouncil in June, 2015.To prepare his study, Mr. Kaye is gathering information on nationallaws, regulations, policies or practices that permit or limit, directlyor indirectly, the use of encryption technologies and services or theability of individuals to communicate anonymously online. All States arebeing asked called to submit information on their relevant nationalnorms and policies.Similarly, the Special Rapporteur would like to encourage all interestednon-governmental stakeholders – including civil society, corporateactors, international and regional organizations, and national humanrights institutions – to provide their views on the appropriate scope ofthe right to freedom of expression as applied to encryption andanonymity. He would particularly appreciate receiving commentsaddressing this matter from legal, state practice, or technicalperspectives.Any available information should be sent electronically tofreedex at ohchr.org <mailto:freedex at ohchr.org>, *not later than 10February 2015*.-----BEGIN PGP SIGNATURE-----Version: GnuPG/MacGPG2 v2.0.22 (Darwin)Comment: GPGTools - https://gpgtools.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GAJy-----END PGP    SIGNATURE-----
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>> 
>> -- 
>> 
>> -- 
>> 
>> Carolina Rossini 
>> Vice President, International Policy
>> Public Knowledge
>> http://www.publicknowledge.org/
>> 
>> + 1 6176979389 | skype: carolrossini | @carolinarossini
>> 
>> 
>> 
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