Kyiv 1 October 2014 State of play of the answers to Ed Snowden revelations TIME OF REPORTS USA National EU CoE regional and UN HCHR by Marie GEORGES Council of Europe expert ID: 793543
Download The PPT/PDF document "UKRAINIAN INTERNET GOVERNANCE FORUM" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
UKRAINIAN INTERNET GOVERNANCE FORUMKyiv 1 October 2014
State of play of the answers to Ed. Snowden revelations:TIME OF REPORTS USA National, EU, CoE regional, and UN HCHR by Marie GEORGES, Council of Europe expert
Slide2The revelations- since June 2013(ECHELON end 1990s“Passenger Name Record” since 2003)2001 and on: NSA and its private contractors: 800 000 individualsSeveral programs- PRISM: 97 Millions/month Data collected from Microsoft 2007, Yahoo! 2008, Google 2009, Facebook 2009, PalTalk 2009, Youtube 2010, Skype,2010, AOL 2011, Apple 2012Gateways Google’s network InfiltratedSubmarines cablesMetadata shared (ICReach + Boundless Informant)
FBI, CIA,5 EYES USA (non American)+ UK (American and TEMPORA) +Australia+ Canada+ NZ14 EYES Fairview, (Mexico, …others from Latin America), Sweden (eastern countries), Germany….Back doorsCryptographic tools ruined
Spying directly people for political or economic purpose
France (a small one)
Slide3National, regional, global reportsUSA - The expert committee ’s report January 2014 + Obama speech on January 17 To review FISA and Patriot ACT : FISA COURT with independent persons, - more power,- transparency + to protect non Americans non in USA - Draft law senator LEHARY « US FREEDOM ACT » + supported by 18 000 Signatures => Will it be adopted before elections in November? What about non Americans, stopping political and economic spying? Obama said January 17, 2014 « same protection as American » but the decision is not public….
Slide4National, regional, global reportsEuropean Parliament : Report adopted in plenary on March 12, 2014 Massive surveillance = against HR, only tailored is acceptable -> Security plan for EU institutions in EU and outside (Wash. NY.) - To develop secure IT, European Cloud services, cryptography end to end - To impose restriction on the export of surveillance tools -> Appeal to involved Member States to revise their legal framework on surveillance activities for national securityEx ante independent control, surveillance including on international agreementsEx post controlTransparency - Appeal to Council to adopt with EP DP proposed Regulation and directive law enforcement” end of 2014 (DPA’s authorization in case of transfer to US authorities) - CE to suspend/renegotiate Agreements with USA on PNR and on SWIFT -> To protect whistleblowers - EU DP non negotiable within the Transatlantic economic current negotiation ->
To take international initiative for a global legal instrument including an UN Agency to monitor new surveillance technology, to investigate/control uses
Slide5National, regional, global reportsCouncil of Europe: - Convention 108 current modernisation (CAHDATA) ->Will article 9 on limitations for « National Security » be developed? - Parliamentary Assembly : a working group, many hearings, report is awaited - Venezia Commission : is updating its report of 2008 on mechanism of democratic control of surveillance for national security purpose - European Court of Human Rights : its jurisprudence + the complain from UK and other European NGOs for HR against UK for “massive surveillance”
Slide6National, regional, global reportsONU - the Council of HR is discussing this month the HCHR0’s report of 30.6.14 (following the resolution of the GA adopted in November on the initiative of Brazil and Germany) then it will be discuss/adopted (?) by the GAThe HCHR0’s report of 30.6.14 Massive collection of data is an intrusion in privacy even if not used States must insure the protection of nationals and non nationals no matter where they are in relation with their jurisdictionSurveillance when Necessary for public order and for national security BUTEstablished by law , With an independent control of the necessity and of the proportionality (a judge or another other structure, independent and impartial Private enterprises should keep vigilance Judicial recourse /concerned persons1st Oct, 8 US NGOs urge the UN Council of HR to review US spying programs in the context of the US Universal Periodic Review of the HR of 2015