Sunday, February 26, 2017

Dangerous Practice of Surveillance Must Be Subject to Independent Checks

                     This post is a summary of two articles. The first with the incomplete title above was published in 2014 at http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14875. The second was published in 2016 at https://www.expressvpn.com/blog/why-you-should-care-about-privacy/

            U.N. High Commissioner for Human Rights Navi Pillay warned Wednesday that studies by her office and other have revealed a "disturbing" lack of transparency about governmental surveillance policies and practices, "including coercion of private companies to provide sweeping access to information and data relating to private individuals without the latter's knowledge. She said, "this is severely hindering efforts to ensure accountability for any resulting human rights violations, or even to make us aware that such violations are taking place, despite a clear international legal framework laying down governments' obligations to protect our right to privacy, and other related human rights." Pillay said her office has been working for over a year on the complex web of issues relating to the right to privacy in the face of modern digital technology and surveillance measures. It has examined existing national and international legislation, a number of recent court judgments, and compiled information from a broad range of sources, including via questionnaire sent to governments, international and national organisations, national human rights institutions, NGOs and private sector. As part of this ongoing process, Pillay's office published a report requested by U.N. General Assembly in December 2013, which stresses the need for vigilance and procedural against governmental surveillance programmes. The report, entitled "The Right to Privacy in the Digital Age" warns that governmental mass surveillance is "emerging as a dangerous habit rather than an exceptional measure and that practices in many government reveal a lack of adequate national legislation, weak procedural safeguards, and ineffective oversight. The existence of a mass surveillance programme... creates an interference with privacy. The onus is on the state to demonstrate that such interference is neither arbitrary nor unlawful," Pillay said, noting that article 17 of the International Covenant on Civil and Political Rights states that " no one shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation." The Covenant, a binding treaty ratified by 167 States, also says that "everyone has the right to the protection of the law against such interference or attacks." The report states that while judicial involvement can help assess whether such surveillance meets the standards by international human rights law, "judicial involvement in oversight should not be viewed as a panacea." It calls for governments to establish independent institutions to monitor such sutveillance. In several countries, judicial warranting or review of the digital surveillance activities of intelligence and/or law enforcement agencies have amounted effectively to an exercise in rubber-stamping," it states. "Jurisprudence at the regional level has emphasised the utility of an entirely independent oversight body, particularly to monitor the execution of approved measures." The law governing such surveillance must also be publicly accessible. The laws must be sufficiently precise and provide for effective safeguards against abuse. "Any captures of communications data is an interference with privacy and, further, the collection and retention of communications data amounts to an interference with privacy whether or not those data are subsequently consulted or used," it states. While the report focused on the right to privacy, it notes that other rights are at risk due to surveillance, the interception of digital communications and the collection of personal data. These include the right of opinion and expression, the freedom of peaceful assembly and association, the right to a family and family life and the right to health. "The constant stream of new revelations shows how disturbingly little we really know about the precise nature of surveillance, and the extent to which our human rights are being violated, and responsibility for those violations is being evaded," Pillay said. "This report is a useful outline of the international framework concerning these issues, and points to some alarming gaps in implementation. As immediate measure, governments should review their own practices to ensure full conformity with human rights law. "The complexity of the challenges to the right to privacy in this digital age is going to require constant scrutiny and dialogue between all key sectors, including governments, civil society, technical experts, the private sector, academics and human rights specialists. Some incredibly important principles are at stake which go right to the core of every individual's rights." Pillay added.
               In 2015, acclaimed journalist and privacy advocate Glenn Greenwald gave a spectacular talk on the importance of privacy. He showed us how the Internet has changed from a tool of liberation to a tool of compliance. Everyone should care about their privacy. Here is why. 1) Everyone has something to hide. "Arguing that you do not care about the right to privacy because you have nothing to hide is not different than saying you do not care about free speech beacuse you have nothing to say" said Edward Snowden. We all have something to hide, even if we do not realize it. Here is an example: In a 2009 documentary, then Google CEO Eric Schmidt said: "if you are doing something you do not want anyone to know, maybe you should not be doing it in the first place." He was referring to how Google records users' search inquires. Yet when a magazine published an article containing private information about Eric, including his income, his address, and his political donations, he condemned the site for invading his privacy and under Google's control publicly blacklisted the site. Though Eric was not breaking any laws, he was still subject to exposure and so felt the sting of having parts of his privacy exposed. 2) Surveillance is conditioning you to act differently. "A society in which people can be monitored at all times is a society that breeds conformity, obedience, and submission." said, Glenn Greenwald. Shame is a powerful motivator, which is why people often act differently when they believe they are being watched. In the 1950s, psychologist Solomon Asch conducted a series of now famous experiments on the psychological effects of a surveillance state. The results were staggering. He was able to prove how people were so ingrained in social conformity that they were willing to follow the crowd, even when they knew the crowd was wrong. Even worse, when people knew they were being surveilled, they were found to have higher levels of stress, anxiety, and doubt. 3) The very meaning of privacy is changing. "Privacy is no longer a 'social norm' ." said, Mark Zuckerberg. The fundamental meaning of privacy is evolving. Some people would even like to make you think it is not even a right anymore. These people are very wrong. The truth is, the Internet is changing what it means to be private. When you post something on social media, you are choosing what you want to share. We all have that friend who posts excruciatingly private information about themselves on a daily basis, but it is their information, and therefore, their choice to post. But what about all the information you do not want to be made public? 4) Surveillance is evolving. The fact that Internet giants like Facebook and Google collect zettabytes of highly personal data is one thing. The myriad other sites that collect your browsing habits and track your whereabouts behind the scenes is another. If you have used an anti-blocking , then you have seen just how much 'muck' there is online. And that is just scratching the surface. What about the sites that use the information they learn about you to determine how much they should charge? On 2012, travel site Orbitz received a lot of negative attention for charging Mac users more for hotel options than PC users. Legal? Maybe. Ethical? No way. This is just one example of what happens when companies have more information than they rightfully should. Imagine when that information goes deeper than just what browser you are using or when you bought your last jeans. 5) When it comes to privacy, your actions today may haunt you tomorrow. "Privacy is an inherent human right, and a requirement for maintaining the human condition with dignity and respect." said, Bruce Schneier. The concept of liberty is intrinsic to privacy. When someone, whether it is a hacker who is stolen your identity or a company that has records of every site you visit, has enough information in you, it makes it exponentially easier for them to be able to manipulate you. Who would want everything they have done to be recorded? Every remark ready to be used against you when and if the needs arises? Imagine the repercussions if that were to happen in our day-to-day lives. The fence in your yard, the locks on your door, the curtains on your windows, these are all attempts to protect your privacy, your personal space. So why would not you want that same protection online. 6) What you do is your business. The problem with the current state of surveillance is that it is evolving. If people do not wake up and realize how their civil liberties are blatantly being violated, things will get worse. It is becoming more than just the cookies that track which websites you visited ir the NSA who compile the audio of your phone conversations; it is becoming a bleak future where we are being forced to conform to a new normality most never saw coming. This issue is important to us, and we are sick and tired of seeing people claiming they are indifferent to one of the greatest issues facing us today. Privacy is a fundamental right. When it comes down to it, anyone who says they have nothing to hide is either  a liar or misinformed. What you do online is your business, not ours, not the company you bought your jeans from, and certainly not your government.

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