[bestbits] Re: [governance] Surveillance paragraph of netmundial document
Katitza Rodriguez
katitza at eff.org
Thu Apr 17 14:41:32 EDT 2014
I have no idea what happened on the 22nd Carolina. I haven't been able
to track netmundial. But my colleague Danny O'brien and Gabrielle
Guillermin (with whom we work on the paper) will be in Sao Paulo for net
mundial.
If the 22nd is a good date, we might be able to launch the paper there.
I'll coordinate internally.
On 04/17/2014 12:30 PM, Carolina Rossini wrote:
> 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
> <mailto: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
> <http://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
>
>
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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 <mailto:carolina.rossini at gmail.com>*
> skype: carolrossini
> @carolinarossini
>
--
Katitza Rodriguez
International Rights Director
Electronic Frontier Foundation
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