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Paul Merrell

UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - ... - 0 views

firstlook.org/...ort-condemns-mass-surveillance

surveillance state UN-report digital-privacy

shared by Paul Merrell on 16 Oct 14 - No Cached
  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
Paul Merrell

M of A - Assad Says The "Boy In The Ambulance" Is Fake - This Proves It - 0 views

www.moonofalabama.org/...lance-is-fake-we-show-why.html

surveillance state CloudFlare censorship

shared by Paul Merrell on 25 Oct 16 - No Cached
  • Re: Major net hack - its not necessarily off topic. .gov is herding web sites into it's own little DNS animal farms so it can properly protect the public from that dangerous 'information' stuff in time of emergency. CloudFlare is the biggest abattoir... er, animal farm. CloudFlare is kind of like a protection racket. If you pay their outrageous fees, you will be 'protected' from DDoS attacks. Since CloudFlare is the preferred covert .gov tool of censorship and content control (when things go south), they are trying to drive as many sites as possible into their digital panopticons. Who the hell is Cloudflare? ISUCKER: BIG BROTHER INTERNET CULTURE On top of that, CloudFlare’s CEO Matthew Prince made a weird, glib admission that he decided to start the company only after the Department of Homeland Security gave him a call in 2007 and suggested he take the technology behind Project Honey Pot one step further… And that makes CloudFlare a whole different story: People who sign up for the service are allowing CloudFlare to monitor, observe and scrutinize all of their site’s traffic, which makes it much easier for intel or law enforcement agencies to collect info on websites and without having to hack or request the logs from each hosting company separately. But there’s more. Because CloudFlare doesn’t just passively monitor internet traffic but works like a dynamic firewall to selectively block traffic from sources it deems to be “hostile,” website operators are giving it a whole lotta power over who gets to see their content. The whole point of CloudFlare is to restrict access to websites from specific locations/IP addresses on the fly, without notifying or bothering the website owner with the details. It’s all boils down to a question of trust, as in: do you trust a shady company with known intel/law enforcement connections to make that decision?
  • And here is an added bonus for the paranoid: Because CloudFlare partially caches websites and delivers them to web surfers via its own servers, the company also has the power to serve up redacted versions of the content to specific users. CloudFlare is perfect: it can implement censorship on the fly, without anyone getting wise to it! Right now CloudFlare says it monitors nearly 1/5 of all Internet visits. [<-- this] An astounding claim for a company most people haven’t even heard of. And techie bloggers seem very excited about getting as much Internet traffic routed through them as possible! See? Plausable deniability. A couple of degrees of separation. Yet when the Borg Queen wants to start WWIII next year, she can order the DHS Stazi to order outfits like CloudFlare to do the proper 'shaping' of internet traffic to filter out unwanted information. How far is any expose of propaganda like Dusty Boy going to happen if nobody can get to sites like MoA? You'll be able to get to all kinds of tweets and NGO sites crying about Dusty Boy 2.0, but you won't see a tweet or a web site calling them out on their lies. Will you even know they interviewed Assad? Will you know the activist 'photographer' is a paid NGO shill or that he's pals with al Zenki? Nope, not if .gov can help it.
Gonzalo San Gil, PhD.

Freedom on the Net 2013 | Freedom House - 0 views

www.freedomhouse.org/...freedom-net-2013

freedom internet net 2013 report awarreness repression censorship activism

shared by Gonzalo San Gil, PhD. on 07 Oct 13 - No Cached
  • Gonzalo San Gil, PhD. on 07 Oct 13
     
    "Freedom on the Net 2013 is the fourth report in a series of comprehensive studies of internet freedom around the globe and covers developments in 60 countries that occurred between May 2012 and April 2013. Over 60 researchers, nearly all based in the countries they analyzed, contributed to the project by researching laws and practices relevant to the digital media, testing the accessibility of select websites, and interviewing a wide range of sources, among other research activities. This edition's findings indicate that internet freedom worldwide is in decline, with 34 out of 60 countries assessed in the report experiencing a negative trajectory during the coverage period. Broad surveillance, new laws controlling web content, and growing arrests of social-media users drove this overall decline in internet freedom in the past year. Nonetheless, Freedom on the Net 2013 also found that activists are becoming more effective at raising awareness of emerging threats and, in several cases, have helped forestall new repressive measures."
Paul Merrell

Internet Freedom Expected to Further Decline in 2015 | nsnbc international - 0 views

nsnbc.me/...-freedom-expected-decline-2015

internet-censorship digital surveillance press-freedom freedom-of-speech

shared by Paul Merrell on 05 Jan 15 - No Cached
  • According to a study from Freedom House, the decline of internet freedom kicked into high-gear in 2014 and is expected to suffer further this year because of opinions derived from 65 nations who have access to the World Wide Web. Since 2010, internet freedom has been eroded with restrictive applications enacted by governments and censoring of content, website filters and surveillance of user’s online behavior.
  • In 2015, predictions assume that the internet will be further restricted with an estimated “41 countries had either proposed or passed legislation to penalize legitimate forms of speech online.”
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