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UN Report Finds NSA Mass Surveillance Likely Violated Human Rights

An anonymous reader writes A top United Nations human rights official released a report Wednesday that blasts the United States' mass surveillance programs for potentially violating human rights on a worldwide scale. U.N. High Commissioner for Human Rights Navi Pillay also praised whistleblower Edward Snowden and condemned U.S. efforts to prosecute him. "Those who disclose human rights violations should be protected," she said. "We need them." In particular, the surveillance programs violate Article 12 of the Universal Declaration of Human Rights.

37 of 261 comments (clear)

  1. So now that the UN said it, by digsbo · · Score: 5, Interesting

    does that mean I'm no longer an extremist for demanding my Constitutional rights be respected?

    1. Re:So now that the UN said it, by Anonymous Coward · · Score: 5, Insightful

      No. That means that the UN is now a terrorist organization and US will no longer give a shit about resolutions passed by it.

    2. Re:So now that the UN said it, by Anonymous Coward · · Score: 5, Insightful

      Remember when the UN complained about Guantanamo Bay? Well, this is similar.

    3. Re:So now that the UN said it, by JMJimmy · · Score: 5, Insightful

      No, it just means that your country has more in common with countries like Iran or Soviet era Russia than you'd like to admit.

      Did you know that the US is one of only 3 countries that haven't ratified the UN Convention on the Rights of the Child? The other two are Somalia and South Sudan.

    4. Re:So now that the UN said it, by Anonymous Coward · · Score: 4, Insightful

      No. (...) US will no longer give a shit about resolutions passed by it.

      The US never did give a shit about UN resolutions. It only cares that other countries do.

    5. Re:So now that the UN said it, by Anonymous Coward · · Score: 5, Insightful

      No, it just means that your country has more in common with countries like Iran or Soviet era Russia than you'd like to admit.

      You haven't seen my anti-US-government rants, have you?

      These days the U.S. Constitution would count as an anti-US-government rant so that's not exactly a distinguishing feature.

    6. Re:So now that the UN said it, by TheGratefulNet · · Score: 5, Interesting

      wrong. the US now does not care about anything but itself.

      rights belong to the highest bidder or power holder.

      that means: not you or me and certainly not some powerless speech-giving org.

      the US is out of control. we all know this now and we all see it.

      the question is: who has enough power to control the current top-dog and put him back in his dog-house?

      THAT is the question. the US is not going to give in willingly.

      I guess its at last a tiny half-step - having the ROW realize that the US is out of control and is violating the rights of, pretty much, anyone who dares try have a private thought or conversation.

      --

      --
      "It is now safe to switch off your computer."
    7. Re:So now that the UN said it, by Solandri · · Score: 2

      Remember when the UN complained about Guantanamo Bay? Well, this is similar.

      Guantanamo Bay was (and is) a legal black hole. Past U.S. Supreme Court decisions held that not only U.S. Citizens but also foreigners on U.S. soil have Constitutional protection. So housing Taliban prisoners in U.S. prisons would've automatically granted them U.S. Constitutional rights, including the right to a speedy trial, the right to know what they're accused of, and a guarantee of legal counsel. Well guess what? Guantanamo Bay isn't on U.S. soil. It's on land leased from Cuba. Thus it falls outside the jurisdiction of that pesky SCotUS decision, and allowed the U.S. government to detain foreign nationals without following its own Constitution. That's the entire reason Bush chose it for the prison.

      Most of the International and UN arguments against Guantanamo rested on International treaties concerning the treatment of prisoners of war. The problem is the preface for almost all those treaties defines combatants as people who don a uniform and wear a distinguishing emblem. The reason they make a big deal about this is to provide an incentive for soldiers to distinguish themselves from non-combatants (civilians), so as to reduce civilian casualties due to misidentification. If your soldiers want all those juicy protections for prisoners of war, they have to wear a uniform and emblems designating them as soldiers thus making it impossible for them to blend in among civilians.

      Unfortunately, most if not all the prisoners in Guantanamo Bay never wore a uniform. The people drafting those treaties on the rules of war never really considered what would happen if a fighting force chose not to abide by the uniform requirement. They kinda assumed the protections were a big enough carrot that everyone would do it. This also makes it a bad idea to expand the protection for prisoners in those treaties to cover non-uniformed combatants, like many who are opposed to Guantanamo have naively advocated. If you do that then unless he's got an overdeveloped sense of honor, no soldier in his right mind would ever wear a uniform - it just makes him an easy target. And we'd devolve back to the pre-imperial chaos where wars were fought between two masses of people with no discrimination between combatants and civilians. Thus the Guantanamo prisoners fall through a crack in International law.

      This isn't to say the prison at Guantanamo Bay is ok. I've never supported it and have called for it to be shut down since the beginning. I'm just saying both U.S. and International law don't quite cover the situation at Guantanamo (kinda like the guy stuck at an airport for 18 years because of the way International laws regarding entry visas and citizenship work). That makes it completely the opposite of this case, where there are laws protecting privacy in both U.S. (4th Amendment protection against warrantless searches) and UN (Article 12) that would appear to prohibit the NSA blanket surveillence.

    8. Re:So now that the UN said it, by jeIIomizer · · Score: 2

      Well guess what? Guantanamo Bay isn't on U.S. soil.

      This seems like one of those 'clever' loopholes that aren't really loopholes at all if you take into account the spirit of the constitution. Then it is a clear constitutional violation, just like the TSA, free speech zones, and all the other things the government tried to 'justify' using awful, awful logic.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    9. Re:So now that the UN said it, by digsbo · · Score: 2

      >

      I love what my country used to stand for. but now, its nothing that I would recognize as my own homeland, anymore.

      and I give fuck-all who thinks what of me, for I am speaking the truth, here. and everyone with half a mind knows it.

      I could not possibly agree more. I'm tired of being polite to the soccer moms of both sexes who raise eyebrows when I do something as simple as point out how easily some TSA directive can be defeated, and who roll their eyes when I complain about my government violating my rights. Thank God my wife sees the value in saying the truth out loud, and hasn't demanded I go along to get along with all this horse shit.

  2. Agreed. by Anonymous Coward · · Score: 5, Insightful

    The single greatest evil that mankind ever unleashed upon the world was a corrupt government.

    We need more people like Snowden. And when they pop up, we should step up and defend them.

    (Of course, all *I* am brave enough to do is post an AC comment on a geek forum....but....maybe somebody else will be brave enough to do what needs to be done).

    1. Re:Agreed. by Impy+the+Impiuos+Imp · · Score: 5, Insightful

      To agents in the NSA: It doesn't matter if 999 of 1000 of you are honest. All it takes is one G. Gordon Liddy type who ignores requirements for warrants to listen in on political opponents, and the whole thing is worthless. Possibly that is also the real intent, easy obfuscation of ultimate corruption.

      Known historical democracies collapse when they "temporarily" give emergency powers to someone. Greece, Rome, Germany 80 years ago.

      And you're participating in this modern panopticon as a rube while someone, maybe next to you, spies for a party or powerful faction.

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    2. Re:Agreed. by jeIIomizer · · Score: 4, Insightful

      To agents in the NSA: It doesn't matter if 999 of 1000 of you are honest.

      If they were honest, they wouldn't be collecting everyone's data to begin with. That in itself is a violation of people's liberties.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    3. Re:Agreed. by gstoddart · · Score: 3, Insightful

      If they were honest, they wouldn't be collecting everyone's data to begin with. That in itself is a violation of people's liberties.

      Except that the response you get from Americans is "well, fuck it, as long as it's someone else's rights, who cares?".

      Which more or less forces the rest of the world to decide that the rights of Americans isn't their damned problem. Because the rest of the world doesn't see their rights as secondary to those of Americans.

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      Lost at C:>. Found at C.
    4. Re:Agreed. by bigpat · · Score: 4, Insightful

      Except that the response you get from Americans is "well, fuck it, as long as it's someone else's rights, who cares?".

      Actually, the NSA is actively violating the constitutional rights of every single American by ordering all the companies we do business with to hand over all their records on us. It matters because when the rule of law, especially our fundamental rights, are not respected by those with the highest responsibility to uphold them, then the rule of law breaks down and then we get the rule of the strongest factions and the elimination of freedom for all. We might already be there, but I hope it is not too late to restore the rule of law without a new civil war or a new revolution.

  3. What made them decide to do this now? by timrod · · Score: 4, Insightful

    I can understand very well why the UN might not have done this earlier - the US government would want to quash any positive PR for a man they consider to be a traitor, and I'm sure they can exert enough force on the UN to ensure this happens. I would not be at all surprised if that was why this report hadn't come out until now.

    The question is, though, what made them decide to release it?

  4. The United States Voted For That Declaration by TrollstonButterbeans · · Score: 5, Informative

    In 1948, the United States voted for that declaration.

    "n 10 December 1948, the Universal Declaration was adopted by the General Assembly by a vote of 48 in favor, none against"

    This was the West announcing their idea of human rights.

    (see Wikipedia)

    --
    Priest: "Universe from nothing, no laws of physics, sped up time"+ huge discrepancies. Creationism? No. Big Bang Theory
    1. Re:The United States Voted For That Declaration by Blue+Stone · · Score: 4, Insightful

      The founders of the Universal Declaration of Human Rights had, at the time, just faced down a global fascist hegemony, which made those rights seem just and proper and self-evident for great peace and wellbeing.

      Now those founding states are becoming a global fascists hegemony ... they're not so keen on them.

      Quelle suprise! :)

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  5. Re:Ah, yes--the UN Declaration of Human Rights by Impy+the+Impiuos+Imp · · Score: 2, Insightful

    The first 10 or so are noble, a rough analog of US rights. After that, it starts turning into this bizarre amalgam of a socialist wish list and rules deliberately violating the first 10 fir the purpose of preserving the status quo of those in power.

    This item 12 is itself a great example, stating a right not to have one's reputation harmed. Intention: censorship of things which are true but which embarrass politicians, a concept foreign in a land with free speech.

    Before downmodding me in quasi-censorship of censorship talk, go look up many examples...from nominally free democracies, forget about dictatorships.

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    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  6. Re:The U.N. Finds... by Anonymous Coward · · Score: 5, Insightful

    And not a single flying fuck was given. U.N., what a joke...

    Ah, the typical asshole American response.

    The US helped form the UN. The US alternates between using the UN to further own ends, and decrying the UN if people refuse to blindly follow what the US wants.

    Face it, the US has actively become the enemies of human rights and liberties over the last bunch of years.

    The fact that you're a bunch of whiny, self-entitled cock-suckers who think you run the world is your problem.

    The UN is a framework for countries to try to resolve issues diplomatically. Yes, it can be ineffective as blocs of countries drag their heels on stuff. But it's all we've got.

    The US talks about international justice, but refuses to be a signatory to the ICC -- so that they can continue to commit war crimes and answer to nobody.

    Fuck America. Fuck you.

    You've become a banana republic with delusions of being the champions of rights and freedoms.

    What a deluded bunch of assholes.

  7. Hypocrites by Ralph+Wiggam · · Score: 3, Insightful

    Let's take a look at the membership of the UN Human Rights Commission-

    China
    Kuwait
    Pakistan
    Russia
    Saudi Arabia
    UAE
    Venezuela

    Clearly these folks are qualified to tell other people about how important civil rights are.

    1. Re:Hypocrites by DigitalSorceress · · Score: 3, Informative

      You're not listing the entire group membership

      And you're mixing the human rights commission with the human rights council and cherrypicking from the bottom

      http://en.wikipedia.org/wiki/U...

      http://en.wikipedia.org/wiki/U...

      Just because some nations with less than stellar reputations themselves are on the council and/or commission does not automatically invalidate their mission or what the UN commission / council have to say.

      I understand the worry of "putting the fox in charge of the hen house" but one could put it another way: Even these countries see we (the US) is being hypocritical and violating human rights.

      --

      The Digital Sorceress
    2. Re:Hypocrites by Megol · · Score: 2

      Ah you are in the group S5: "UN is a socialistic terror organization supporting those dirty Arab scum". Less common compared with group B3: "UN is a socialistic terror organization under the control of ZOG".

      Personally I'm in group F8: "UN is a dynamically balanced structure, weak, old world nostalgic and generally bad. But it is still better than the alternative".

  8. Re: The U.N. Finds... by C0R1D4N · · Score: 2, Insightful

    Become? Read your history. The federal govt was a force for good during a four year period 1942-45. Every other point in our history we have been bad guys. And even at our height of valor we nuked two cities.

  9. Re:Gimme a f 'ing break by Sique · · Score: 4, Informative

    It does. It routinely condemns it.

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    .sig: Sique *sigh*
  10. Re:The U.N. Finds... by kuzb · · Score: 2, Insightful

    Except you don't run your country. He's angry at the people who do and I can't say that I blame him too much.

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    BeauHD. Worst editor since kdawson.
  11. Re:Big Deal by gstoddart · · Score: 3

    As opposed to the US government, which is a model of competency and the ability to get something done?

    Sorry, but if you have a better system for doing stuff, we're all ears.

    If not ... well, then you have nothing of value to add here.

    --
    Lost at C:>. Found at C.
  12. Re:Ah, yes--the UN Declaration of Human Rights by Anonymous Coward · · Score: 3, Insightful

    Article 12:

    "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."

    it says we are free from attacks to our reputation not that we are free from having our reputation harmed by ourselves and then reported by someone else. harming ones own reputation and then having someone else report on what the individual has done is not an attack on their reputation. Article 12 references the ability for people not to be unjustly attacked not to be able to censor the world from their own mistakes. but i see how some people could interpret it the way you have.

    its simply the difference between reporting events and libel. The truth is not an attack, it is the truth! it is the constant corruption that has been going on for generations that lead people to think backwards on this one.

  13. Re:No by demachina · · Score: 4, Interesting

    The founding fathers weren't exactly the pillars of individual freedom you seem to think they were. They were an American centric elite and plutocracy trying to displace a Britsh centric elite and plutocracy, mostly so they could have a bigger cut of America's growing wealth.

    You can tell because most of those constitutional protections and the Bill of Rights didn't apply to people who weren't affluent(i.e. who didn't own land), women, native American's, blacks/slaves and indentured whites. They applied mostly to white men who had wealth (at least enough to own land).

    They actively prevented people who were not white, male and affluent from voting or holding office. They were mostly slave owners themselves, and they were for the most part very affluent and owners of very large real estate holdings. They were all 1%'ers.

    The Declaration of Independence and Constitution were carefully designed to inspire support from enough people in the colonies for their Revolution to succeed, and to create the illusion of freedom, but they had no intention of relinquishing their power and control over the levers of government when it their Revolution did succeed. That plutocracy has never relinquished that control in the more than 200 years since.

    The NSA along with the DHS, FBI, ATF and IRS are means for maintaining that control.

    The Internet let a genie out of a bottle and created dangerous potentential for the rest of us to organize and try to win some of that power and control back.

    When faced with the twin crises, and excuses, that were 9/11 and the 2008 crash it was nearly inevitable that The Powers That Be in the U.S. and U.K. would exploit every tool at their disposal, mainly computers and networks, to try to put a lid back on their control of their increasingly restless and networked homelands and to try to maintain their domination of the world as a whole in the face of increasing challenges.

    The 2008 crash in particular resulted in widespread global disillusionment with the fact economies and governments are rigged to benefit the ruling elite and screw everyone else. When ruling elites start feeling that heat they trot out their police states, always have, always will.

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    @de_machina
  14. Re:The U.N. Finds... by ElusiveJoe · · Score: 2, Insightful

    the US has actively become the enemies of human rights and liberties over the last bunch of years.

    Every government is the enemy of human rights and liberties.

  15. Re: The U.N. Finds... by aralin · · Score: 2, Informative

    Read your history, they intentionally bled their allies out of all cash to become economic super power after the war and were pissed off they even have to join in 1942 because of the damn public opinion. Even so they delayed any serious military action until 1944, when it was basically over and they just came in the prevent Russia from taking over too much of Europe and protect their own interest and get a free piece of Germany. Not such a good guys the way I see it.

    --
    If programs would be read like poetry, most programmers would be Vogons.
  16. Re:The U.N. Finds... by polar+red · · Score: 2

    bullshit. big money / big corp is, but in the US's case, that's the same. And they're infecting the EU and its members as well now.

    --
    Yes, I'm left. You have a problem with that?
  17. Consttutional government by Immerman · · Score: 4, Insightful

    Does the US Constitution specifically grant the government the power to interfere in X? If not then doing so is unconstitutional, because the constitution explicitly states (repeatedly, in several different ways) that the federal government has *only* those powers granted to it by the constitution. Which is why something as simple as banning alcohol required a constitutional amendment. You can thank legal gymnasts and an apathetic population for the steady expansion of federal powers beyond what has been explicitly granted. For example: despite the fact that Prohibition required a constitutional amendment to implement, the Supreme Court held that a similar ban on on marijuana was constitutional because it could theoretically be sold across state lines, and thus the federal government's legitimately granted power to regulate interstate commerce could be applied, even against individuals growing small quantities for their own consumption. You really want to tell me that's not a load of power-mongering BS? That line of reasoning gives the federal government control over *all* commerce within the US, completely gutting the initial restriction of only regulating interstate commerce without ever having to get a pesky constitutional amendment passed to expand it's powers.

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    --- Most topics have many sides worth arguing, allow me to take one opposite you.
    1. Re:Consttutional government by dnavid · · Score: 3, Informative

      Does the US Constitution specifically grant the government the power to interfere in X? If not then doing so is unconstitutional, because the constitution explicitly states (repeatedly, in several different ways) that the federal government has *only* those powers granted to it by the constitution. Which is why something as simple as banning alcohol required a constitutional amendment.

      Not exactly. For one thing, whether the US Constitution explicitly grants the Federal government to "interfere in X" is subject to interpretation, and has to be because the US Constitution makes a lot of common sense assumptions about how government works: that's why so many early Supreme Court rulings invoked (British) common law. The critical catch-all clause in the Constitution is Article 1 Section 8: "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Even at the time of the drafting and ratification of the Constitution people debated the degree to which this clause expanded the powers of Congress.

      James Madison argued in Federalist 44 that because it would be futile to attempt to anticipate all of the specific powers Congress (and the Federal government) would need for all time, the Constitution *must* grant the federal government any power necessary to fulfill the obligations the Constitution proscribes. He directly stated that trying to enumerate all of the powers the Constitution grants with explicit text would be ridiculous.

      Because the question of what is "necessary and proper" is not an absolutely objective standard and the drafters of the Constitution knew this the Constitution can't be said to express explicitly enumerated powers. Even strict constructionists concede at least some of the power granted by the Constitution is implied by the intent of its text and not explicitly stated. And if you're concerned about any expansion of the Constitution's powers as being power-mongering, consider this: the Bill of Rights does not guarantee anyone in the US actually has those rights: it guarantees that the Federal Government can't intrude on them. Nothing anywhere in the text of the Constitution explicitly prohibits state governments from trampling all over, say, someone's First Amendment rights to free speech. The notion that state governments must honor the same limitations that the Constitution places upon the Federal government is another one of those power-mongering BS interpretations of the Constitution, namely the incorporation doctrine of the Fourteenth Amendment. Read the 14th Amendment: nowhere in the text does it say that States must incorporate the protections of the Bill of Rights, and nowhere in the first ten amendments does it state those protections apply to State governments, only the federal government. The incorporation doctrine of the Supreme Court was created over fifty years after the passage of the 14th Amendment, and argued that the implication of the due process clause of the 14th Amendment implies State governments must incorporate the same protections as the Federal government. But try to find that in the text.

      Incidentally, the eighteenth amendment which prohibited the sale of alcohol doesn't prove that banning alcohol requires a Constitutional Amendment. The opponents of alcohol pushed for a Constitutional Amendment because it was the strongest possible ban they could strive for and they felt it was achievable. Not only could they ban alcohol sales in every State without having to convince every state to ratify the amendment, once ratified the only way to overturn the ban would be to generate enough support to amend the Constitution again: the ban could not be trivially overturned the way any Congressional law can be by successive Congresses. Its also important to note history: t

  18. Re:No by demachina · · Score: 3, Interesting

    Try reading Zinn's A People's History of the United States. It will disillusion you of the comic book U.S. History taught in U.S. school where the founding fathers are all saints and geniuses.

    They were mostly self serving and profiteering. Its fitting Andrew Jackson is on the $20 dollar bill because he was infamous for profiteering off the battles he won, mostly by seizing the lands he took and splitting it up between himself and his friends.

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    @de_machina
  19. Re:No by sgtrock · · Score: 2

    Amendment IX
    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    Amendment X
    The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

    Yep, those damn plutocrats sure did their best that the rest of us would never have a leg up. /sarcasm

    I suggest that you take some time to read the Federalist Papers. I think you'll discover things aren't quite as black and white as you believe.

  20. Re:No by dryeo · · Score: 3, Insightful

    Of course most of them would have tolerated this as long as it was being used against loyalists or any of the sub-human types, read up on how the colonists who were not in favour of revolution were treated. Just like now, what they wouldn't tolerate was this being used on them.

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    https://en.wikipedia.org/wiki/Inverted_totalitarianism