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Reconciling Human Rights With Ubiquitous Online Surveillance

Max_W writes "Here is the text of Article #12 of the Universal Declaration of Human Rights: 'No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.' U.N. human rights chief Navi Pillay said yesterday 'While concerns about national security and criminal activity may justify the exceptional and narrowly-tailored use of surveillance programs, surveillance without adequate safeguards to protect the right to privacy actually risks impacting negatively on the enjoyment of human rights and fundamental freedoms.' Is it realistic to expect the compliance with this article from the world's major players in the age of large storage disks, fast networks and computers? Or are we entering a new brave world, a new phase of human civilization, where quaint notions of privacy and traditional moral principles are becoming ridiculous? Then what to do with the Article #12? Shall it be 'intentionally left blank'? Shall it be updated to a new wording? What words could they be?" In the U.S. and the EU, government bodies are fond of coming up with domain-specific bills of rights, not so big on publicly striking out the various guarantees.

31 of 133 comments (clear)

  1. Two way street by fustakrakich · · Score: 5, Interesting

    They want to make our lives transparent. We have to do the same to theirs. The state must live by the same rules as its subjects.

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:Two way street by JesseMcDonald · · Score: 3, Insightful

      The state must live by the same rules as its subjects.

      Not that I'm disagreeing in any way, but if the state actually lived by the same rules as its subjects, there would be no state.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    2. Re:Two way street by jcr · · Score: 2

      if the state actually lived by the same rules as its subjects, there would be no state.

      So, what's the down side?

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    3. Re:Two way street by icebike · · Score: 2

      if the state actually lived by the same rules as its subjects, there would be no state.

      So, what's the down side?

      -jcr

      One World Government = One World Tyranny.

      We are closer to that than you think.

      --
      Sig Battery depleted. Reverting to safe mode.
    4. Re:Two way street by Seumas · · Score: 5, Insightful

      Yeah . . . No. I don't think the solution is to stab everyone in the eye so we're *all* blind. What we have to do is fight the invasion of privacy and blackmail.

      Also, what the fuck is up with all of these assholes talking about how we have to focus on properly balancing surveillance and privacy with the need for security? That's the most utterly bullshit line I've been hearing from people (especially the president) during the last few months. There are no concessions to be made. Yes, some times bad shit will still happen. That doesn't justify just wiping out everything that society (at least American society and government) is supposedly founded on. Sacrificing your principals to protect your principals is fucking asinine. Further, the president keeps spewing this bullshit about how his "number one job" is to "protect the american people" and "keep the country safe". The FUCK it is.

      Presidential oath of office:
      I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

      His sole job is to preserve (not change) and protect and defend the Constitution. Period. Not to change it. Not to violate it. Not to push programs that spit in the face of it. . . . but to uphold it.

      Yet, I have never seen or heard one reporter or one talking head anywhere under any circumstances raise this in response to the bullshit he spews.

    5. Re:Two way street by khallow · · Score: 2

      One world government != no state. I don't buy that a really transparent state means no state. You need certain mundane tasks performed such as law enforcement and disaster recovery. Even if you don't want the state doing those things directly, it makes a good coordinator for such efforts.

    6. Re:Two way street by icebike · · Score: 3, Interesting

      No Government = Tyranny as well.

      A situation of "No Government" can not exist, except perhaps in the plant world.

      Whether its hives of ants, packs of wild animals, or bands of humans, some form of organization and regulation will come into being.

      Because there is no other way on this planet. We have not evolved, and probably never will, to a state where there need never be some form of government if for no other reason than to manage infrastructure and to keep people from being at the total mercy of the biggest bully.

      My point is that One World Government is a horrible idea. Alternatives are good. Being able to vote with your feet is the last refuge.
      But as horrible as that might be, no government is worse. Even anarchists appeal to the law when their lives are threatened.

      --
      Sig Battery depleted. Reverting to safe mode.
    7. Re:Two way street by meta-monkey · · Score: 5, Insightful

      Well gee, "no government" seems to be a bad idea, and "total government" seems to be a bad idea, I wonder if there might be something in the middle?

      Perhaps, I don't know, a constitutional republic that exists to provide for the common defense, the peaceful mediation of disputes, and holds only limited and specifically enumerated powers derived from the consent of the governed such that it may not infringe upon the unalienable rights of the people?

      I know, crazy talk. Let's go back to flailing widely between equally intolerable extremes.

      --
      We don't have a state-run media we have a media-run state.
    8. Re:Two way street by tqk · · Score: 2

      Perhaps, I don't know, a constitutional republic that exists to provide for the common defense, the peaceful mediation of disputes, and holds only limited and specifically enumerated powers derived from the consent of the governed such that it may not infringe upon the unalienable rights of the people?

      It's been tried, and even that reasonable form of it failed miserably. If you concentrate any power at all in a gov't, no matter how many checks and balances you put in place to keep it honest, the criminal class will gravitate towards it and twist it to their advantage. It always happens. Not only that but even if you explicitly insist that the citizenry have a right and a duty to revolt against tyranny, most people won't want to believe the situation's deteriorated enough to need to. They just want to be left alone to live their lives in relative peace.

      Sucks, but what can you do? You can try to keep gov't small enough to be effective and accountable but when a big enough bully rears his head, they'll need to band together to defeat him. Presto, big gov't.

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    9. Re:Two way street by fustakrakich · · Score: 2

      We have not evolved...

      Correct

      ...and probably never will...

      Let's hope there's life after biology. It's our only escape...

      ...at the total mercy of the biggest bully.

      This is already the case. We are under an anarchy of authority that it limited in size only by internal bickering, but the corp/state is the bully.

      --
      “He’s not deformed, he’s just drunk!”
    10. Re:Two way street by Sabriel · · Score: 4, Insightful

      I had modded up the post you replied to. I was going to mod you up as well. I feel that both of you have a point. Then I re-read one line in particular:

      "If Americans are ever asked to give up voting and elections, or freedom on speech or religion, or many others, you will know that things have gone too far."

      Your voting laws deny universal adult suffrage and your elections are rigged (or at very least involve such incompetence as to be difficult to distinguish from malice). You have "free speech zones" and systemic electronic surveillance of the population. You have people being deprived of their effects, properties and liberties without due and Constitutional process of law, you have government officials publicly committing felonies without being charged, never mind tried, and you have a higher rate of civilian incarceration than China and Russia combined.

      Things have gone too far. Not ammo box far, not yet, but your soap, ballot, jury and moving boxes are all partially compromised. Yes, "cold fjord", you are correct that the President has not one but two primary mission objectives. However, "Seumas" is correct that the President is failing in one of them, and I would argue, per your statement, that he is failing in both:

      "he is responsible for seeing that the law is carried out, and that the government functions"

      The President needs to clean house. If you think I'm being overly dramatic, the US is the 800 pound gorilla in the room. I'm in that room, there's no exits, and I've seen what happens to those who upset the gorilla. They're fugitives or dead, and their neighbours are often "acceptable collateral damage". The consequences should the gorilla turn rabid, of that last box being opened, that ordinary people are even discussing opening that last box, should be on the minds of everyone.

      As an emigrant from the old USSR once posted (paraphrased): people rarely think about freedom when they have it.

  2. No. by Anonymous Coward · · Score: 2, Interesting

    US tortures people, and you expect them to provide basic human rights? We have a long way to do before our government isn't just providing basic rights on a convenience basis.

    Maybe we can aim for some point in the future where maybe there is a chance that basic rights will generally be given to everyone (no exceptions!), but I don't see it happening here anytime soon.

  3. Ah, Utopia! by some+old+guy · · Score: 4, Insightful

    Poor Timothy and Max seem to remain under the illusion that governments, any governments, really rule and act based on their bodies of laws.

    Governments have always, and always will, do as they damned well please till the next revolution. Then guess what? In no time the new boss is the same as the old boss.

    Why? Easy: money. Pure and simple. Just money. Power is a means to acquire and control wealth.

    Universal Declarations and Bills of Rights don't amount to jack diddly fuck if the wrong well-heeled toe gets stepped on.

    --
    Scruting the inscrutable for over 50 years.
    1. Re:Ah, Utopia! by khallow · · Score: 2

      Money only goes so far. You can rent power, but you can't buy it.

    2. Re:Ah, Utopia! by AHuxley · · Score: 2

      A soft military takeover could work if you zone up the country and focus on trouble areas/people and buy off larger zones with comforts like clean running water, power, gas, heating, food, the internet, medical care, timely unemployment benefits and dont go after drug use.
      Even the offer of been "good" for ongoing property protection from looters can work wonders.
      Stay home and you keep your arms as a hunter/collection with a new license - no problem at all.
      Found outside its a death squad and if you survive sedition changes for you and your helpers/family.
      Any home or ranch holding 'out' would be reported as hoarding, having an “arsenal”, not playing nice under the new colour of law.
      Its a simple matter of burning out/shake and bake the person or people per private block of property.
      Finding people with weapons in use via sounds been triangulated is not too hard ~10 to 12 audio sensors per square mile, files or local informants..
      Domestic 24/7 drone use would give great map support too. Hollow points, white phosphorus, thermobaric weapons, sonic weapons, chemicals in water cannons might only be under questionable under international law.
      For domestic use its just local policing as normal.
      A successful night raid two doors down can also be chilling to anyone wishing to turn up at a First Amendment Zone ever again.
      If a region keeps on been naughty, its Fallujah time- special ID cards and layers of identity checks.
      Mercs and NATO special forces units would also be for support - no questions from them during any raid, just more overtime pay.

      --
      Domestic spying is now "Benign Information Gathering"
    3. Re:Ah, Utopia! by AHuxley · · Score: 2

      A local propaganda layer would turn the "protests" into a few people in the next valley, town, suburb, street been brought to justice.
      The public is rather desensitised to troops and tanks due to mil surplus been gifted to cities, towns, states and been in use.
      Troops and mercs "help" at larger events - would anyone really notice anything different?
      The optics of a Tiananmen Square can avoided with the round up of protest leaders, need for a permit and undercover work to spoil the event on the day.
      Video work uploaded would become unavailable with the help of a few big brands :)

      --
      Domestic spying is now "Benign Information Gathering"
  4. only solution: take back the internet by Anonymous Coward · · Score: 3, Insightful

    We need to work towards making it technically infeasible to achieve the present level of surveillance. Strong end-to-end encryption needs to be ubiquitous. Real end to end, not via some intermediate web-based key holder. Emails, instant messages, and texts should be encrypted by default, no cleartext ever sent. Ideally, some onion-router way to hide origin and destination from the man in the middle should also be default, but I'm not sure how to make that work.

    We need to make 1984 harder for the fuckers. Right now, there's nobody fighting back, so they win by default.

  5. Re:Limitations of technology, not ethics by gl4ss · · Score: 2

    States have been constrained in their surveillance by technology, not by ethics.

    What reason is there for this to change now?

    you can go pretty far without technology. usa could have started going through _all_ mail(you know, opening it with a letter opener and seeing if you're dating a black dude) and not just prison mail a long time ago if ethics department didn't say no. so ethics does affect it, even in usa.

    why do you think they took to making the surveillance in secret? because it's a tactical advantage? heck no, it's because public morality could have struck it down.

    even gitmo exists because they have some ethic rules they comply to(us soil, different rules). sure, they use defective thought but still..

    --
    world was created 5 seconds before this post as it is.
  6. "Shall it be updated to a new wording?" by PolygamousRanchKid+ · · Score: 2

    No, just stamp "[deprecated]" on it.

    Why did I have to spend so much time in elementary school learning about The Constitution, when they were just going to deprecate it later on?

    It would also be interesting to hear an new version of The Gettysburg Address, updated to reflect recent events. I'm not convinced that this "Of the people, by the people, for the people" stuff is really quite accurate these days.

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    1. Re:"Shall it be updated to a new wording?" by digitig · · Score: 2

      Why did I have to spend so much time in elementary school learning about The Constitution, when they were just going to deprecate it later on?

      Because they didn't expect you to find out.

      --
      Quidnam Latine loqui modo coepi?
  7. Re:human rights by icebike · · Score: 2

    How can an international treaty mandate freedom? The mandate itself is tyrrany.

    It isn't a treaty. Its merely a resolution with no force of law.

    --
    Sig Battery depleted. Reverting to safe mode.
  8. We must choose. by Let's+All+Be+Chinese · · Score: 3, Interesting

    We're full of "universal" rights and whatnot... but fail to live up to them. Or rather, our politicians. The bureaucrats... play their little games. Or not so little, as the case may be.

    If we don't want them to run rampant, we as the world's peoples need to take a stance. Do we want ubiquitous surveillance? Then do nothing. Do we want to have something of a private live left? Well, there's work to do. And some very unpalatable questions to find suitable answers to.

    Our technology is so powerful that "because we can" is no longer a valid reason. We must choose what we want our technology to do. And to choose, we must understand the consequences of what our technology can do, and what it means to willingly forego some or all of the things it might have done. In extreme cases you can even portray this as trading saved lives, caught terrorists, convicted child pornographers, agains having some privacy left.

    And so we must come up with answers to questions like, how many lives is privacy for all worth? How many abducted little girls may be allowed to die for not having to justify every step you take? Because, again, that is how the snoopers will portray it. And so we must answer, or find more reasonable ways to frame the same question. That, or lose the fight before it started. In a sense, we already lost while we were ignorant and we must now claw back what was once rightfully ours. From the jaws of those who claim to protect us (from privacy and liberty, but I digress). How much is it worth to you?

  9. Re:Worker #7567483 by robably · · Score: 2

    No they won't. In the future there will be superintelligent ants and they'll have ant passports and ant driving licences and ant credit cards and they'll be tied in to the same mortgages and travel restrictions and limits on their freedom as we have now. And the ant queen will be a figurehead and the real power will lie with the spiders.

    So be nice to your spiders.

  10. Re:Just start killing all the fucks by Anonymous Coward · · Score: 4, Insightful

    perhaps if you Americans quit spying on everyone, quit torturing by redefining the words and moving to offshore bases in order to skirt the law, stop persecuting your own citizens who expose your sickening ethics, killing poor villagers in far off lands by remote control, and the list goes on, and on and on.
    then maybe, just maybe Slashdots international readers wouldnt treat this place as a cesspool of hate to vent at you

    right now the world is pissed with you and we learnt from 9/11 going down that path doesnt do anyone any good.
    vote the bastards out and start prosecuting some of your millionaire "representatives" for their actions.
    vote them back in and you will be held complicit in their crimes, simples really, start playing the nice guys.

  11. Re:Limitations of technology, not ethics by meta-monkey · · Score: 5, Insightful

    Exactly. Technology has nothing to do with this.

    You're not secure in your home because your door is unkickdownable. Pretty sure doors have been kicked down since the invention of doors and kicking.

    You're not free to say what you want because tyrants have never figured out a way to shut people up. "Grrrrrrr those filthy peasants! If only there were a way to make them silent, like a sharp object you could poke them with until they were quiet or dead! Alas, no such 'pointy stick technology' exists, so I will have to suffer their insults instead."

    You have unalienable right to not have these things happen to you, which is why we consent to be governed only in way that does not infringe upon these rights. Hell, we can't even consent to be deprived of our rights. That's what "unalienable" means.

    This is entirely a political problem, and is neither caused by nor solvable with technology.

    --
    We don't have a state-run media we have a media-run state.
  12. Re:Ultimately, The Government Makes The Rules by Jane+Q.+Public · · Score: 2

    "Really it's pretty simple. The people who have the power to make the rules, also have the power to ignore that parts they don't like."

    Sure... until somebody gets mad enough to shoot them through the head. Which someone inevitably does, and always has done.

    Tyranny is self-limiting.

  13. Re:Limitations of technology, not ethics by Anonymous Coward · · Score: 3, Insightful

    Exactly. Technology has nothing to do with this.

    You're not secure in your home because your door is unkickdownable. Pretty sure doors have been kicked down since the invention of doors and kicking.

    You're not free to say what you want because tyrants have never figured out a way to shut people up. "Grrrrrrr those filthy peasants! If only there were a way to make them silent, like a sharp object you could poke them with until they were quiet or dead! Alas, no such 'pointy stick technology' exists, so I will have to suffer their insults instead."

    You have unalienable right to not have these things happen to you, which is why we consent to be governed only in way that does not infringe upon these rights. Hell, we can't even consent to be deprived of our rights. That's what "unalienable" means.

    This is entirely a political problem, and is neither caused by nor solvable with technology.

    That is why anonymity is so important. While a tyrant has the power to burn down the whole village because an anonymous person who might be from there insulted him he can only do that so many times before one of the members of his royal guard assassinates him in revenge for killing his cousin who was a villager.

    Anonymity is the way to embarrass, or even harm, people who have power over you without repercussion. It is the great equalizer and that is why governments everywhere are working so hard to get rid of it.

  14. Safeguards to protect privacy by Macman408 · · Score: 3, Interesting

    The UN chief says that appropriate safeguards are needed to protect privacy - well they WERE doing a great job......until Snowden came around.

    Think about it - what better way to protect your privacy than by not even telling you that they're invading it? If neither you nor anybody else in the public knows that your privacy has been violated, then obviously it hasn't been, because it's being kept private!

    Then Edward Snowden came along and ruined the whole thing - simply knowing that our privacy has been violated means that it IS being violated. If it weren't for him, all our data would still be safely kept private (in the hands of the NSA).

  15. Re:Limitations of technology, not ethics by durdur · · Score: 2

    I think that is true, but there is not any fundamental reason why something that is technologically possible can't be prohibited by law. Nor any reason governments can't be made subject to the law. In the U.S., Nixon was about to be impeached over misuse of federal resources to attack and embarrass his personal enemies.

  16. I'm not seeing any sort of brave new world by evanh · · Score: 2

    The question being posed: "Or are we entering a new brave world, a new phase of human civilization, where quaint notions of privacy and traditional moral principles are becoming ridiculous?"

    I then ask why are these supposed secrets of surveillance so sensitive if public knowledge of them is quaint and ridiculous?

    More like a total lack of bravery and just more of the same old race to the bottom ... and I consider myself an optimist!

  17. Re:Never be fixed with the double standards in pla by davester666 · · Score: 2

    Um, there is no reason to believe there has been a significant difference between the two guys w.r.t. mass surveillance. For example, the need to give the telephone companies retroactive immunity for illegal acts stems from the Bush era.

    Both R & D are happy to sell the rest of us 'commoners' down the river in the name of 'terrorism' and 'child molester'.

    And we are complacent enough to let them.

    --
    Sleep your way to a whiter smile...date a dentist!