#dontspyonus: The fight against mass surveillance

Index on Censorship had a Google Hangout on how to protect yourself from mass surveillance, and what you can do to demand the right to privacy from your government.

Jim Killock, Executive Director at Open Rights Group, Mike Rispoli, Communications Manager at Privacy International, and Mike Harris, Campaign Director for Don’t Spy On Us share their thoughts on the unfolding fight to restrict mass surveillance.

Davos must address secret mass surveillance scandal

Leading free speech and privacy organisations call on the world’s elite assembled at Davos to tackle the challenge of global mass surveillance of electronic communications.

ARTICLE 19, English PEN, Index on Censorship and Open Rights Group are urging global leaders to discuss how states ensure security measures do not undermine rights and individual liberties, following revelations that the security agencies have been conducting secret mass surveillance of the digital communications of millions of people around the world.

The organisations said:

“The mass surveillance of our communications by the NSA, GCHQ and others undermines the right to privacy, free speech and media freedom. As such it is an assault on democracies and our societies. The leaders assembled at Davos must take a stand against surveillance – stop spying on us now.”
Secret mass surveillance is a threat to democracy and the rule of law.
If people are unable to know about the extent of government surveillance, we are unable to protect our fundamental rights.

When private communications are monitored by the state in secret, confidence in digital communications technology is unacceptably compromised, which has a severe chilling effect on freedom of expression and dangerously risks restricting the free flow of information.
Online surveillance programmes threaten to weaken the general security and privacy of communications systems and undermines trust in digital services. This has economic implications, as well as compromising the ability of people to express themselves.

We believe that:

Surveillance is only legitimate when it is targeted, authorised by a warrant, and when it is necessary and proportionate.

Mass population-wide surveillance is never justified.

Secret agreements that sanction mass surveillance undermine democracy. Citizens need a clear legal framework that governs state surveillance, in order to protect their rights.

All surveillance should be sanctioned by an independent judge on a case-by-case basis.

There must be effective, independent oversight of surveillance to command public confidence that such surveillance is not being abused.

For further information or interviews please contact:

Jo Glanville, Director, English PEN – tel 0771 302 0971
Kirsty Hughes, CEO, Index on Censorship – tel 07577 483 815
Jim Killock, Executive Director, Open Rights Group – tel 0789 449 8127
ARTICLE 19 – tel 0207 324 2510
Liberty

Debating digital rights at OrgCon North

Digital rights activists from around the UK met in Manchester for Open Rights Group’s first ever ORGCon North on Saturday.

John Buckman, chair of the San Francisco-based Electronic Frontier Foundation (EFF), delivered the keynote speech: “Britain, under the thumb of…”

He filled in the blank with references to the copyright industry, the new Royal Charter on press regulation, overreaching child protection restrictions, the EU, the US, and private web companies, all of which pose significant challenges to digital freedom of expression in the UK.

The rest of the day was split between four panel sessions and eight impromptu “unconference” sessions for which participants pitched ideas and convened small groups to discuss them.

I spoke on a panel about the right to offend, alongside ORG’s Peter Bradwell and The Next Web’s Martin Bryant. Overly broad and outdated legislation, most notably Section 5 of the 1986 Public Order Act and Section 127 of the 2003 Communications Act, are regularly used to criminalise freedom of expression both online and offline in the UK. Despite a successful campaign to drop “insulting” words from the grounds on which someone can be prosecuted for offence under Section 5, the fact that neither of these provisions address the speaker’s (or tweeter’s) intentions continues to chill freedom of expression in the UK.

Also troubling is the fact that other states, India and the UAE for example, point to these and other British laws as justification to prosecute offensive expression in their own jurisdictions. I argued that protecting everyone’s fundamental right to freedom of expression is more important than protecting the feelings of a few people who might take offense to satirical, blasphemous or otherwise unsavoury views. For freedom of expression to be preserved in society, potentially offensive expression requires the utmost protection.

Another panel addressed the proposed EU General Data Protection Regulation, which intends to strengthen existing privacy principles set out in 1995 and harmonise individual member states’ laws on data protection. Provisions in the proposal around consent, data portability and the “right to be forgotten” aim to give users greater control of their personal data and hold companies more accountable for their use of it. Many companies that rely on user data oppose the regulation and have been lobbying hard against it with the UK government on their side whereas some privacy advocates argue it does not go far enough.

There were also discussions on the open rights implications of copyright legislation and the UK’s Draft Communications Data bill (AKA Snooper’s Charter), which looks set to make a comeback in the Queen’s speech on May 8.

The “unconference” sessions addressed specific causes for concern around digital rights in the UK and abroad. I participated in a session on strategies for obtaining government data in the UK and another on the US Foreign Intelligence Surveillance Act of 1978 (FISA) Amendments Act of 2008. This Act, along with the Protect America Act of 2007 legalised warrantless wiretapping of foreign intelligence targets. Digital rights activists took notice of the laws because the rise of cloud computing means even internal UK and EU data is potentially susceptible to US surveillance mechanisms.

Other “unconference” sessions focused on anonymity, password security, companies’ terms of service, activism and medical confidentiality.

The full OrgCon North agenda is available here. ORG’s national conference will take place on 8 June and will feature EFF co-founder John Perry Barlow who wrote the much circulated and cited “Declaration of the Independence of Cyberspace” in 1996.

Brian Pellot is Digital Policy Adviser for Index on Censorship. Follow him @brianpellot

Debating digital rights at OrgCon North

Digital rights activists from around the UK met in Manchester for Open Rights Group’s first ever ORGCon North on Saturday.

John Buckman, chair of the San Francisco-based Electronic Frontier Foundation (EFF), delivered the keynote speech: “Britain, under the thumb of…”

He filled in the blank with references to the copyright industry, the new Royal Charter on press regulation, overreaching child protection restrictions, the EU, the US, and private web companies, all of which pose significant challenges to digital freedom of expression in the UK.

The rest of the day was split between four panel sessions and eight impromptu “unconference” sessions for which participants pitched ideas and convened small groups to discuss them.

I spoke on a panel about the right to offend, alongside ORG’s Peter Bradwell and The Next Web’s Martin Bryant. Overly broad and outdated legislation, most notably Section 5 of the 1986 Public Order Act and Section 127 of the 2003 Communications Act, are regularly used to criminalise freedom of expression both online and offline in the UK. Despite a successful campaign to drop “insulting” words from the grounds on which someone can be prosecuted for offence under Section 5, the fact that neither of these provisions address the speaker’s (or tweeter’s) intentions continues to chill freedom of expression in the UK.

Also troubling is the fact that other states, India and the UAE for example, point to these and other British laws as justification to prosecute offensive expression in their own jurisdictions. I argued that protecting everyone’s fundamental right to freedom of expression is more important than protecting the feelings of a few people who might take offense to satirical, blasphemous or otherwise unsavoury views. For freedom of expression to be preserved in society, potentially offensive expression requires the utmost protection.

Another panel addressed the proposed EU General Data Protection Regulation, which intends to strengthen existing privacy principles set out in 1995 and harmonise individual member states’ laws on data protection. Provisions in the proposal around consent, data portability and the “right to be forgotten” aim to give users greater control of their personal data and hold companies more accountable for their use of it. Many companies that rely on user data oppose the regulation and have been lobbying hard against it with the UK government on their side whereas some privacy advocates argue it does not go far enough.

There were also discussions on the open rights implications of copyright legislation and the UK’s Draft Communications Data bill (AKA Snooper’s Charter), which looks set to make a comeback in the Queen’s speech on May 8.

The “unconference” sessions addressed specific causes for concern around digital rights in the UK and abroad. I participated in a session on strategies for obtaining government data in the UK and another on the US Foreign Intelligence Surveillance Act of 1978 (FISA) Amendments Act of 2008. This Act, along with the Protect America Act of 2007 legalised warrantless wiretapping of foreign intelligence targets. Digital rights activists took notice of the laws because the rise of cloud computing means even internal UK and EU data is potentially susceptible to US surveillance mechanisms.

Other “unconference” sessions focused on anonymity, password security, companies’ terms of service, activism and medical confidentiality.

The full OrgCon North agenda is available here. ORG’s national conference will take place on 8 June and will feature EFF co-founder John Perry Barlow who wrote the much circulated and cited “Declaration of the Independence of Cyberspace” in 1996.

Brian Pellot is Digital Policy Adviser for Index on Censorship. Follow him @brianpellot