[governance] Surveillance paragraph of netmundial document

Thu Apr 17 12:30:59 EDT 2014

will this paper be presented at the German-Brazil meeting on the 22nd
Katitza?!

On Thu, Apr 17, 2014 at 11:05 AM, Katitza Rodriguez <katitza at eff.org> wrote:

> Thank you, Ian.
>
> We must keep pushing for the principles. They are a guiding principles
> that explain to States how to implement their international human rights
> obligations in the context of communication surveillance. The Principles
> are firmly rooted in international law and jurisprudence.
> EFF and Article 19 will be releasing next week the Legal Background and
> Analysis of where the language of the Principles are coming from.
>
> We need a country that take the lead in implementing the Principles into
> national law, and that needs to come from the Parliament
> There is a lack of trust in the Executive Power within the mass
> surveillance debate. I don't think we will get much from a
> multi-stakeholder dialogue where even the Executive Power has no real
> knowledge of the scope and scale of mass surveillance. WE also hope the
> litigation advance, and we hope to see more judges applying those
> principles in the jurisprudence or more concluding observations from the
> Human rights Committee applying them (whether they cited or they barrow
> the language, which is also good to my eyes).
>
> Brazil and Germany are two States that are our last hope to get them to
> do something useful and meaningful. NetMundial as minimum need a firm
> rejection that mass surveillance is inherently a disproportionate measure.
>
> Mass surveillance, is the indiscriminate collection and retention of
> communications and metadata without any form of targeting or reasonable
> suspicion.
>
> By its very nature, mass surveillance does not involve any form of
> targeting or selection,  let alone any requirement on the authorities to
> show reasonable suspicion or probable cause. Accordingly, mass
> surveillance is inevitably disproportionate as a matter of simple
> definition. The Principles reflect the above international standards
> under the headings “necessity,” “adequacy,” "legitimate aim" and
> “proportionality.”
>
> People have begun to realise that the current laws of their own country
> provide only ineffective protection against mass surveillance and the
> laws of other countries provide them with no protection at all. The
> world is waking up to the reality that most governments treat the
> private communications of non-residents and foreign nationals as fair
> game. The UN Human Rights Committee has for the first time remonstrated
> the US government for failing to provide extra-territorial protection
> for the privacy of non-citizens and legal challenges are being brought
> against bulk surveillance of foreign communications around the world.
>
> And definitely, the extraterritorial application of human rights law in
> the context of national security is an internet governance issue.
>
> Given the extraordinary capabilities and programs of States (and a few
> states more than others) to monitor global communications, the right to
> privacy must apply to the communication the NSA scans or collect. To
> accept otherwise, it defeat the purpose and objective of the ICCPR.
>
> You can read in EFF and Human rights Watch Submission to the Human
> Rights Committee,
>
> https://www.eff.org/document/eff-and-human-rights-watch-joint-submission-human-rights-committee
>
> and our joint submission with Privacy International, APC, Human rights
> Watch and others ot hte Office of the High commissioner on Human Rights
>
> https://www.eff.org/document/ohchr-consultation-connection-general-assembly-resolution-68167-right-privacy-digital-age
>
> While this is an internet governance issue too, I don't think we will
> solve this problem via a multi-stakeholder dialogue, though we should
> keep open the channel of communications with States and try to get some
> States to actually take the lead taking strong steps against the mass
> collection of data of innocent individuals, while we keep litigating in
> courts at national level or internationally on this issue.
>
>
> Katitza
>
>
>
>
>
> You can barrow some languages from the submissions we have made in both
> Human Rights Committee and the next report of the Office of the High
> Commissioner on Human Rights.
>
> But this issue is not only a matter of domestic law. As we seen,
>
>
>
>
>
>
>
>
>
>
>
>
> On 04/16/2014 06:38 PM, Ian Peter wrote:
> > Hi everyone,
> >
> > To me one of the weakest sections of the document is the paragraph
> > dealing with surveillance issues (para 35 of the Roadmap) which reads
> > “ Internet surveillance – Mass and arbitrary surveillance undermines
> > trust in the Internet and trust in the Internet governance ecosystem.
> > Surveillance of communications, their interception, and the collection
> > of personal data, including mass surveillance, interception and
> > collection should be conducted in accordance with states’ obligations
> > under international human rights law. More dialogue is needed on this
> > topic at the international level using forums like IGF and the Human
> > Rights Council aiming to develop a common understanding on all the
> > related aspects”.
> >
> > This fairly weak language and action line (more dialogue) is not
> > surprising given the governmental input (including US Government) into
> > the drafting. So far the only comment on this is from me, where I
> > suggest  reference to the necessaryandproportionate.org principles.
> >
> > I think it would be useful if others commented as individuals. Perhaps
> > what we need is some better wording (which perhaps governments would be
> > embarrassed not to include), and which would strengthen the response
> > here. In any case, some wording and indication of level of concern to
> > ensure that this is discussed on the floor of the meeting rather than
> > simply passed by as an adequate wording would be useful!
> >
> >
> > Ian Peter
> >
> > The site for entering responses is
> >
> http://document.netmundial.br/2-roadmap-for-the-future-evolution-of-the-internet-governance/
>
> --
> Katitza Rodriguez
> International Rights Director
> Electronic Frontier Foundation
>
>
> ____________________________________________________________
> You received this message as a subscriber on the list:
>      governance at lists.igcaucus.org
> To be removed from the list, visit:
>      http://www.igcaucus.org/unsubscribing
>
> For all other list information and functions, see:
>      http://lists.igcaucus.org/info/governance
> To edit your profile and to find the IGC's charter, see:
>      http://www.igcaucus.org/
>
> Translate this email: http://translate.google.com/translate_t
>
>

-- 
*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
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.igcaucus.org/pipermail/governance/attachments/20140417/b8cd027a/attachment.htm>
-------------- next part --------------
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.igcaucus.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.igcaucus.org/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t