[governance] Russia demands Internet users show ID to access public Wifi

Norbert Bollow nb at bollow.ch
Sat Aug 9 05:48:54 EDT 2014


On Sat, 9 Aug 2014 14:16:04 +0530
Chaitanya Dhareshwar <chaitanyabd at gmail.com> wrote:

> I don't see why this would be a human rights violation

You need to look at the measure in its context. There is no way that
the intention behind this measure and the human right to freedom of
speech could possibly be reconciled. In this case, the goals clearly
include an intention to reduce legitimate but critical political speech,
and to gain information on critics.

That said, it wouldn't hurt to think deeply and honestly about whether
similar identification requirements are really acceptable in contexts
where the objectives are legitimate law enforcement goals.

As the United Nations High Commissioner for Human Rights has recently
noted:

  19. In a similar vein, it has been suggested that the interception or
  collection of data about a communication, as opposed to the content of
  the communication, does not on its own constitute an interference with
  privacy. From the perspective of the right to privacy, this
  distinction is not persuasive. The aggregation of information
  commonly referred to as “metadata” may give an insight into an
  individual’s behaviour, social relationships, private preferences and
  identity that go beyond even that conveyed by accessing the content
  of a private communication. As the European Union Court of Justice
  recently observed, communications metadata “taken as a whole may
  allow very precise conclusions to be drawn concerning the private
  lives of the persons whose data has been retained.” Recognition of
  this evolution has prompted initiatives to reform existing policies
  and practices to ensure stronger protection of privacy.

  20. It follows that any capture of communications data is potentially
  an interference with privacy and, further, that the collection and
  retention of communications data amounts to an interference with
  privacy whether or not those data are subsequently consulted or used.
  Even the mere possibility of communications information being
  captured creates an interference with privacy, with a potential
  chilling effect on rights, including those to free expression and
  association. The very existence of a mass surveillance programme thus
  creates an interference with privacy. The onus would be on the State
  to demonstrate that such interference is neither arbitrary nor
  unlawful.

Source:
http://www.ohchr.org/EN/Issues/DigitalAge/Pages/DigitalAgeIndex.aspx

Note in particular the last sentence. It is true that many states
have some kinds of ID requirements in relation to electronic
communications, but they are currently not even attempting to fulfill
this responsibility “to demonstrate that such interference is neither
arbitrary nor unlawful.”

Greetings,
Norbert


On Sat, 9 Aug 2014 14:16:04 +0530
Chaitanya Dhareshwar <chaitanyabd at gmail.com> wrote:

> I don't see why this would be a human rights violation (speaking from
> India pov) given the fact that:
> 
> 1. You need to submit ID proof when you take an internet connection
> at your residence/office
> 2. You need to product ID proof while using a cyber cafe
> 
> So since this regulatory aspect is already put in place one would
> naturally expect that if there's some form of public wifi the service
> provider would ask for ID proof...?
> 
> Best,
> 
> *Chaitanya Dhareshwar*
> 
> Linkedin <http://in.linkedin.com/in/chaitanyabd> | Blog
> <http://cbd.vcio.in> | Skype: chaitanyabd
> Mobile: +91.9820760253
> 
> 
> On Sat, Aug 9, 2014 at 1:58 PM, Norbert Bollow <nb at bollow.ch> wrote:
> 
> > Reuters:
> >
> > Russia demands Internet users show ID to access public Wifi
> >
> >
> > http://www.reuters.com/article/2014/08/08/us-russia-internet-idUSKBN0G81RV20140808
> >
> > In my view this is a clear human rights violation and something
> > that I would expect us all to be able to agree to condemn.
> >
> > May I request the IGC coordinators to coordinate some action in
> > regard to this matter?
> >
> > Greetings,
> > Norbert
> >
> >
> > ____________________________________________________________
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