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US against most of world again’
 
US officials’ plan to destroy an international effort at the United Nations for promoting a universal human right to online privacy shows “the US is against most of the world again,” says an American political analyst.


Diplomatic sources and an internal US government document have shown that US diplomats are seeking to kill a provision of a draft resolution submitted by Brazil and Germany to the UN General Assembly, which seeks to place constraint on online spying by the US National Security Agency and other spy agencies, Foreign Policy’s The Cable reported on Wednesday. 

“Obviously, the US has been rather embarrassed by the exposure of all their surveillance and this has led to a general outcry by many different nations including many of our very good allies that the US had pulled the wool over their eyes,” said Bill Jones of Executive Intelligence Review in a phone interview with Press TV on Tuesday. 

“What’s happening at the UN now is that they’re really taking the question up there and want to have some kind of control, some kind of legislation which would prevent these kinds of things from happening. Obviously, the United States, which is concerned with maintaining that capability and being able to legally also continue doing this kind of surveillance, is very much opposed to it and will probably try and defeat it,” he added. 

The proposal by Brazil and Germany says collecting “certain sensitive information” must be in “full compliance” with international human rights laws because privacy rights are “not to be subjected to arbitrary or unlawful interference.” 

US officials are publicly endorsing the proposal. However, in private, US diplomats are working on a secret plan to kill a provision of the proposal that states “extraterritorial surveillance” and interception of people’s personal information and metadata anywhere in the world constitute a violation of their human rights. 

FM

UN surveillance resolution goes ahead despite attempts to dilute language

Failed attempt by US, UK and Australia shows increased isolation of 'Five-Eyes' nations amid international controversy

â€Ē UN draft resolution: the right to privacy in the digital age – full document 
NSA debate GermanyAngela Merkel speaks at an NSA debate in Berlin. Germany and Brazil were co-sponsors of the resolution. Photograph: Reynaldo Paganelli/NurPhoto/Rex

The US, UK and their close intelligence partners have failed in their efforts to water down a United Nations draft resolution expressing deep concern about “unlawful or arbitrary” surveillance and calling for protection for the privacy of citizens worldwide.

The attempt to soften the language in the draft resolution was almost exclusively confined to the US, Britain and Australia, members of the ‘Five-Eyes’ intelligence-sharing partnership at the heart of the international controversy over mass surveillance and revelations about spying on allies. 

The draft resolution shows the extent to which the three countries have been left isolated on the issue.

Diplomats involved in the negotations have told the Guardian that the US was reluctant to be seen as leading the opposition publicly and instead orchestrated from the sidelines, leaving Australia in the forefront. 

Australia’s role is sensitive, coming in a week in which its government has been forced on the defensive over revelations that it attempted to listen in on the private cellphone of the Indonesian president and the first lady. 

The co-sponsors of the draft resolution, Brazil and Germany, have managed to keep intact almost all of the original version apart from a few minor concessions.

Crucially, the draft retains language which says the right to privacy should apply no matter the citizenship of the individual. US citizens currently have greater protections from NSA surveillance than foreign nationals. 

The final draft agreed on Wednesday after more than a week of negotiation says the UN general assembly is “deeply concerned at the negative impact that surveillance and/or interception of communications, including extraterritorial surveillance and/or interception of communications, as well as the collection of personal data, in particular when carried out on a mass scale, may have on the exercise and enjoyment of human rights”.

The resolution, titled ‘The right to privacy in the digital age’, was hammered out at a committee open to all 193 UN members. It represents the biggest show of international opinion yet in response to the revelations about mass surveillance exposed by whistleblower Edward Snowden. 

Brazil and Germany co-sponsored the resolution following disclosure that the the NSA eavesdropped on Brazil’s president Dilma Rousseff and German chancellor Angela Merkel. 

Other sponsors include: Austria, Bolivia, North Korea, Ecuador, France, Indonesia, Lichtenstein, Peru, Switzerland, Spain, Luxembourg and Uruguay.

A vote at the UN general assembly on the resolution is scheduled for Tuesday but only if a member state calls for one. Otherwise it will pass automatically as a consensus measure. The US may decide against calling for a vote rather than find itself, as diplomats and officials based at the UN predict, in a tiny, embarrassing minority.

“There is a head of steam building up behind this draft resolution. It is a basic rights issue and these attract a lot of support,” a UN official said. 

The main sticking point in the negotiations was over “extra-territoriality”. The US, Britain and Australia argued that the rights to privacy were internal matters for states alone. Brazil and Germany argued that all citizens enjoyed such rights.

JosÃĐ Luis Díaz, head of Amnesty’s office at the UN, welcomed the final draft. “[Brazil and Germany] got most of what they wanted. It is compromise language but it still includes the important line about extraterritoriality”.

He added that this is only the start of UN involvement. “The resolution is going to kick off a very important discussion about surveillance,” he said.

The long-term significance of the draft resolution may be its call for the UN high commissioner for human rights, based in Geneva, to conduct an inquiry and present a report next year on “the protection and promotion of the right to privacy in the context of domestic and extraterritorial surveillance and/or interception of digital communications and collection of personal data”.

Brazil’s foreign affairs minister, Luiz Alberto Figueiredo, asked earlier this week by the Guardian about attempts by the US and Britain to water down the draft, said he would not comment on specific countries. “But what I would like to say is that the privacy, the right to privacy, is a well established right. It's a human right, it's a basic right in democracy.”

Figueiredo expressed hope that countries that placed a priority on human rights “will support our movement for making sure the internet is kept as a very democratic and free area so that it will benefit everybody”. 

The British position expressed at the start of the negotiations was that it had no overwhelming objection to the draft resolution and its concerns were primarily legalistic: that it might create new rights not in existing international treaties. Like the US, it was also concerned about the issue of extra-territoriality. 

British ambassador, Sir Mark Lyall Grant, responding to a question from the Guardian last week at the start of the negotiating process, said: “We have seen the first draft of the resolution and there are certainly some amendments that we will be looking to secure. But we are basically engaging constructively and hoping that it will be a consensus resolution. 

“We are not talking major changes here. We want to make sure the resolution is consistent with human rights law.”

But a diplomat at the UN closely involved in the negotiations and supportive of the draft resolution accused the US and Britain of creating a smokescreen in claiming their concerns were purely legalistic. 

copy of the US negotiating position, leaked to the foreign policy website Cable, set out its red lines.

It said that the right to privacy is already contained in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The US expressed concern that the early drafts of the resolution went beyond these. 

The leaked US paper says: “As reads, it suggests that states have international human rights obligations to respect the privacy of foreign nationals outside the US, which is not the US view of the ICCPR.”

The paper says that as the US government does not consider its surveillance activities illegal, it does not have a problem with condemning illegal surveillance. “Recall that the USG’s collection activities that have been disclosed are lawful collections done in a manner protective of privacy rights, so a paragraph expressing concern about illegal surveillance is one with which we would agree.”

During the negotiations, countries such as Venezuela and Cuba pushed for more explicit language on alleged extra-territorial human rights violations. Russia expressed concern, according to one diplomat, over the possible expansion of language on freedom of expression.

Revelations of the prominent role taken by Australia in trying to water down the draft resolution comes in a week that its government has faced calls from a privacy group to support Brazil and Germany. 

The position on the draft resolution of the two remaining members of the Five Eyes partnership, New Zealand and Canada, is not known.

FM

Exclusive: Inside America's Plan to Kill Online Privacy Rights Everywhere
Posted By Colum Lynch Wednesday, November 20, 2013 - 6:10 PM Share

The United States and its key intelligence allies are quietly working behind the scenes to kneecap a mounting movement in the United Nations to promote a universal human right to online privacy, according to diplomatic sources and an internal American government document obtained by The Cable.

Angela Merkel and Dilma Russef

The diplomatic battle is playing out in an obscure U.N. General Assembly committee that is considering a proposal by Brazil and Germany to place constraints on unchecked internet surveillance by the National Security Agency and other foreign intelligence services. American representatives have made it clear that they won't tolerate such checks on their global surveillance network. The stakes are high, particularly in Washington -- which is seeking to contain an international backlash against NSA spying -- and in Brasilia, where Brazilian President Dilma Roussef is personally involved in monitoring the U.N. negotiations.

The Brazilian and German initiative seeks to apply the right to privacy, which is enshrined in the International Covenant on Civil and Political Rights (ICCPR), to online communications. Their proposal, first revealed by The Cable, affirms a "right to privacy that is not to be subjected to arbitrary or unlawful interference with their privacy, family, home, or correspondence." It notes that while public safety may "justify the gathering and protection of certain sensitive information," nations "must ensure full compliance" with international human rights laws. A final version the text is scheduled to be presented to U.N. members on Wednesday evening and the resolution is expected to be adopted next week.

A draft of the resolution, which was obtained by The Cable, calls on states to "to respect and protect the right to privacy," asserting that the "same rights that people have offline must also be protected online, including the right to privacy." It also requests the U.N. high commissioner for human rights, Navi Pillay, present the U.N. General Assembly next year with a report on the protection and promotion of the right to privacy, a provision that will ensure the issue remains on the front burner.

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Publicly, U.S. representatives say they're open to an affirmation of privacy rights. "The United States takes very seriously our international legal obligations, including those under the International Covenant on Civil and Political Rights," Kurtis Cooper, a spokesman for the U.S. mission to the United Nations, said in an email. "We have been actively and constructively negotiating to ensure that the resolution promotes human rights and is consistent with those obligations."

But privately, American diplomats are pushing hard to kill a provision of the Brazilian and German draft which states that "extraterritorial surveillance" and mass interception of communications, personal information, and metadata may constitute a violation of human rights. The United States and its allies, according to diplomats, outside observers, and documents, contend that the Covenant on Civil and Political Rights does not apply to foreign espionage.

In recent days, the United States circulated to its allies a confidential paper highlighting American objectives in the negotiations, "Right to Privacy in the Digital Age -- U.S. Redlines." It calls for changing the Brazilian and German text so "that references to privacy rights are referring explicitly to States' obligations under ICCPR and remove suggestion that such obligations apply extraterritorially." In other words: America wants to make sure it preserves the right to spy overseas.

The U.S. paper also calls on governments to promote amendments that would weaken Brazil's and Germany's contention that some "highly intrusive" acts of online espionage may constitute a violation of freedom of expression. Instead, the United States wants to limit the focus to illegal surveillance -- which the American government claims it never, ever does. Collecting information on tens of millions of people around the world is perfectly acceptable, the Obama administration has repeatedly said. It's authorized by U.S. statute, overseen by Congress, and approved by American courts.

"Recall that the USG's [U.S. government's] collection activities that have been disclosed are lawful collections done in a manner protective of privacy rights," the paper states. "So a paragraph expressing concern about illegal surveillance is one with which we would agree."

The privacy resolution, like most General Assembly decisions, is neither legally binding nor enforceable by any international court. But international lawyers say it is important because it creates the basis for an international consensus -- referred to as "soft law" -- that over time will make it harder and harder for the United States to argue that its mass collection of foreigners' data is lawful and in conformity with human rights norms.

"They want to be able to say ‘we haven't broken the law, we're not breaking the law, and we won't break the law,'" said Dinah PoKempner, the general counsel for Human Rights Watch, who has been tracking the negotiations. The United States, she added, wants to be able to maintain that "we have the freedom to scoop up anything we want through the massive surveillance of foreigners because we have no legal obligations."

The United States negotiators have been pressing their case behind the scenes, raising concerns that the assertion of extraterritorial human rights could constrain America's effort to go after international terrorists. But Washington has remained relatively muted about their concerns in the U.N. negotiating sessions. According to one diplomat, "the United States has been very much in the backseat," leaving it to its allies, Australia, Britain, and Canada, to take the lead.

There is no extraterritorial obligation on states "to comply with human rights," explained one diplomat who supports the U.S. position. "The obligation is on states to uphold the human rights of citizens within their territory and areas of their jurisdictions."

The position, according to Jamil Dakwar, the director of the American Civil Liberties Union's Human Rights Program, has little international backing. The International Court of Justice, the U.N. Human Rights Committee, and the European Court have all asserted that states do have an obligation to comply with human rights laws beyond their own borders, he noted. "Governments do have obligation beyond their territories," said Dakwar, particularly in situations, like the Guantanamo Bay detention center, where the United States exercises "effective control" over the lives of the detainees.

Both PoKempner and Dakwar suggested that courts may also judge that the U.S. dominance of the Internet places special legal obligations on it to ensure the protection of users' human rights.

"It's clear that when the United States is conducting surveillance, these decisions and operations start in the United States, the servers are at NSA headquarters, and the capabilities are mainly in the United States," he said. "To argue that they have no human rights obligations overseas is dangerous because it sends a message that there is void in terms of human rights protection outside countries territory. It's going back to the idea that you can create a legal black hole where there is no applicable law." There were signs emerging on Wednesday that America may have been making ground in pressing the Brazilians and Germans to back on one of its toughest provisions. In an effort to address the concerns of the U.S. and its allies, Brazil and Germany agreed to soften the language suggesting that mass surveillance may constitute a violation of human rights. Instead, it simply deep "concern at the negative impact" that extraterritorial surveillance "may have on the exercise of and enjoyment of human rights." The U.S., however, has not yet indicated it would support the revised proposal.

The concession "is regrettable. But it’s not the end of the battle by any means," said Human Rights Watch’s PoKempner. She added that there will soon be another opportunity to corral America's spies: a U.N. discussion on possible human rights violations as a result of extraterritorial surveillance will soon be taken up by the U.N. High commissioner.

FM
Originally Posted by Bruddaman:

The women taking action. Dilma and Angela. Wonder how much hair pulling would take place if Hilary were President?

Hilary asked for a brief on Argentine Christina Kitchner's phone conversations  before meeting her after the death of her husband...it made relationships within US and Argentina even worse as well

FM

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