[governance] Fwd: CCIA Calls for Disclosure of Government Surveillance, Praises Bill To Declassify Some FISA Court Rulings

[Adam Peake]

http://www.internetsociety.org/news/internet-society-statement-importance-open-global-dialogue-regarding-online-privacy

Internet Society Statement on the Importance of Open Global Dialogue Regarding Online Privacy
12 June 2013

[Washington, D.C. and Geneva, Switzerland]  The Internet Society has noted recent revelations regarding the apparent scope of U.S. government efforts to gather large amounts of end user information from U.S. Internet and telecom service providers for intelligence purposes. We are deeply concerned that the unwarranted collection, storage and potential correlation of user data will undermine many of the key principles and relationships of trust upon which the global Internet has been built. The impact of this action is not limited to U.S. users or companies, but has implications for Internet users around the globe.

While government plays an important role in protecting its citizens and there is a need for better approaches to address online security, the Internet Society strongly believes that real security can only be realized within a broader context of trust and the respect of fundamental rights, such as privacy. The Internet Society, along with many other organizations and individuals around the world, expect governments to respect and protect the basic rights of their citizens – including the right to privacy both offline and online – as enshrined in the Universal Declaration of Human Rights.

The U.S. Government has previously taken an active role in championing these rights in the international sphere. For example, the U.S. played a leadership role in the adoption of the Human Rights Council Resolution A/HRC/RES/20/8, which re-affirmed that fundamental rights are applicable to individuals’ activities in the online environment as well, including privacy and freedom of expression. This means that restrictions of rights should be exceptional and conform to internationally accepted criteria such as: provision by law; pursuing a legitimate purpose; proven as necessary and the least restrictive means required to achieve the purported aim. Users naturally have higher expectations of governments who have adopted these international standards.

The Internet must be a channel for secure, reliable, private communication between entities and individuals. Consensus for internationally recognized data protection standards has been formed through agreements constituting key building blocks of online trust, including the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data, the Council of Europe Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data, the EU Data Protection framework, and the APEC Privacy Framework and Cross Border Privacy Rules system.

Emerging revelations about alleged U.S. programs to gather information about Internet users raise clear questions about the extent to which individuals’ expectations of privacy have been compromised. This kind of collection of user information is at odds with the commitments governments around the world have made with respect to protection of personal data and other human rights. We would expect any government signing onto these principles to fully engage with its citizens in an open dialogue when seeking to achieve both the protection of individual rights and national security. We also need to challenge the view that there always has to be a trade-off between ensuring security and protecting users’ rights.

The Internet Society is also deeply concerned that alleged programs and similar efforts by other governments will have a chilling effect on the deployment and adoption of technical solutions for establishing trusted connections online. This kind of trust-enabled infrastructure is needed to maintain global interoperability and openness.  The Internet is global – the impact of programs like these is not limited to the specific country in question but rather reverberates across the globe to users everywhere.

The revelations of recent days underscore the importance of an open global dialogue regarding online privacy in the realm of national security and the need for all stakeholders to abide by the norms and principles outlined in international agreements on data protection and other fundamental rights. Trusted interactions in cyberspace are critical not only for the future of the Internet, but also for continued innovation, economic and political progress and a vibrant global community.  Users need clear and realistic expectations of online privacy that are respected by governments and enterprises alike, so that they can continue to use the Internet in ways that enhance all of society.

About the Internet Society

The Internet Society is the trusted independent source for Internet information and thought leadership from around the world. With its principled vision and substantial technological foundation, the Internet Society promotes open dialogue on Internet policy, technology, and future development among users, companies, governments, and other organizations. Working with its members and Chapters around the world, the Internet Society enables the continued evolution and growth of the Internet for everyone. For more information, visit www.internetsociety.org

Media Contact: Wende Cover, cover at isoc.org, +1-703-439-2773



On Jun 12, 2013, at 5:26 PM, michael gurstein wrote:

> With the commercial sector weighing in in a useful way, is it just me or is there not deafening silence from the "technical community" either through their "official" representative organization(s) or even unofficially through contributions from elders and notables?
>  
> Mike
>  
> From: governance-request at lists.igcaucus.org [mailto:governance-request at lists.igcaucus.org] On Behalf Of Riaz K Tayob
> Sent: Wednesday, June 12, 2013 2:43 AM
> To: governance at lists.igcaucus.org
> Subject: Re: [governance] Fwd: CCIA Calls for Disclosure of Government Surveillance, Praises Bill To Declassify Some FISA Court Rulings
>  
> Nick
> 
> While I have some issues, from the perspective of an industry association, this is a fabulous enlightened self-interest statement. This seems even better than what some civil society reps have put out - which is just remarkable. 
> 
> Thanks for sharing it as I suspect that non-US companies will be cashing in getting out of the US orbit of technology dependence, especially now that this it is so well known. It remains to be seen however how some companies handle their complicity in obeying the law but violating the constitution in 'sharing' access given the sophistry that that says there is access but not direct access. Also, Snowden is on record as saying that it is just not metadata of Americans that was collected, or capable of being collected. 
> 
> Riaz
> 
> 
> On 2013/06/12 09:12 AM, Nick Ashton-Hart wrote:
> Dear subscribers,
>  
> As you know, I'm Geneva Representative of CCIA in my day job - this press release from us would, I thought, be of interest to many of you.
> 
> 
> FOR IMMEDIATE RELEASE:
> June 11, 2013
>  
> CCIA Calls for Disclosure of Government Surveillance, Praises Bill To Declassify Some FISA Court Rulings
> Washington – Recent reports regarding NSA access to phone call metadata and online communications and data have highlighted the continued importance of government transparency. The Computer & Communications Industry Association commends the specific requests of both senators and companies today that would help.
> CCIA shares the grave concerns expressed about the allegations in these disclosures.  The Association supports recently proposed legislation to declassify the legal decisions providing the basis for government surveillance, and joins industry in calling for transparency in the frequency which the government seeks data from U.S. business.
> Without knowledge about how the law is being interpreted and used, proper debate about practices is impossible. A group of Senators have realized this fact, and introduced a bill today that would require the Department of Justice to declassify a large number of Foreign Intelligence Surveillance Court opinions. CCIA supports this effort, led by Senators Merkley and Lee and joined by 6 other Senators.
> CCIA has advocated against these sections of FISA for years and testified before the Senate in 2007 that we had concerns about accountability and transparency.
>  
> The following can be attributed to CCIA President & CEO Ed Black:
>  
> “To make appropriate decisions about security in a free society, the public should be informed about the legal principles governing surveillance in America. Transparency is essential; secret law is antithetical to democracy.”
> “A top concern to consider is whether a secret executive branch program using secret courts with oversight by lawmakers briefed secretly can provide the adequate checks and balances intended by our founders. What is missing is accountability and public scrutiny as part of the checks and balances. That can only come with more transparency about what our nation is doing so we can discuss as a nation whether it’s worth it.
> “We join industry in calling on the US government to enable companies to report aggregate national security data requests it receives from the government. Google issued such a request today in a letter to the attorney general and FBI director and Facebook issued a similar request. In addition to important transparency goals, there are serious First Amendment issues with such gag orders.
> “As the industry that provides Internet services and communications tools, we disagree with the notion that the scope of government surveillance or how frequently these tools are used should be classified.
> “In this effort to gather security data, the broader picture of the damage to the Internet was lost. Somehow the Internet as a global tool, a trade tool and a trusted communication tool for people around the world was not adequately weighed into the cost benefit analysis.
> “There are broad costs to our nation’s diplomatic, economic and trade goals if the millions of people around the world using Internet services to communicate are worried about how their information and data is being used by the US government.”
> About CCIA:
> CCIA is a 40 year-old international, nonprofit association of computer and communications and Internet industry firms, representing a broad cross section of the industry. CCIA is dedicated to preserving full, fair and open competition throughout our industry. Our members employ more than 600,000 workers and generate annual revenues in excess of $200 billion.
>  
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