Tag: Internet Governance

Yesterday, a U.S. Appeals Court invalidated the U.S. Federal Communication Commission’s (FCC) net neutrality rules. In its ruling, the court stated that the FCC lacked the authority to prevent internet service providers from discriminating among certain types of traffic — effectively allowing providers to make pay-to-play a reality online. This ruling is a significant blow to net neutrality, in the United States and elsewhere. The Court’s ruling creates a dangerous global precedent places the unique character of the internet — its boldness, creativity, and diversity — at risk. And yet, by ruling selectively on the merits of the case, the Court has left the door open for possible reforms, at least in the United States.

Access welcomes today’s report by the Global Network Initiative on its assessments of the three founding GNI members: Google, Microsoft, and Yahoo!. The Public Report on the Independent Assessment Process addresses how the companies in question respond to government requests “implicating freedom of expression or privacy rights” and describes the assessment of these processes against the GNI Principles. According to the report, all three companies were found to be in compliance with the Principles, as per a case review by independent assessors.

Access commends the opinion by the Advocate General, as it confirms the serious concerns repeatedly raised by civil society (see here, here and here, for example) and other institutions on the necessity and proportionality of mandatory blanket data retention in the EU. The mass retention of the activities of citizens, outside of the context of any criminal investigation, poses significant challenges to the very foundations of the rule of law and international human rights, including Article 7 of the Charter of Fundamental Rights of the EU.

Access welcomes today’s news that Verizon Communications has broken ranks with telcos globally by announcing that it will issue a transparency report. It will be the first telco to do so. We call on all telcos to release regular, detailed transparency reports: Anything less is a failure of their human rights obligations and their investors’ expectations.

Sir Tim Berners-Lee’s speech at the Office of the High Commissioner on Human Rights in Geneva says the internet is under threat and calls for action.

The revelations of mass government surveillance and pervasive monitoring of communications that broke earlier this year have led to an erosion of trust among internet users. So much so that organizations responsible for coordination of the internet’s technical infrastructure globally were compelled to release the Montevideo Statement on the “Future of Internet Cooperation.”

With the European Parliamentary elections in May rapidly approaching, the European Commission’s proposal for a Regulation on a single market for electronic communications is on the fast track. The Regulation, which will be binding on all 28 member states, includes rules on net neutrality, however, they suffer from several dangerous loopholes. Problematically, given the current legislative timeline, fundamental rights concerns may not be given sufficient attention.

Even before Edward Snowden began leaking documents detailing the scale and scope of the NSA and other intelligence agencies’ violations with our privacy, Access had been working with civil society organizations (like Privacy International and EFF), as well as international law experts, and human rights scholars to draft the International Principles on the Application of Human Rights to Communications Surveillance (“the Principles”).

Net neutrality gets at the heart of many of the rights enshrined in the Universal Declaration of Human Rights, whose 65th anniversary we celebrate today. While freedom of expression and access to information are often mentioned in the same breath as net neutrality, net neutrality also has an important privacy component. Recently proposed legislation in the EU offers the opportunity to enshrine net neutrality into law, potentially adding important protections for user communications.

On the 65th anniversary of the signing of the Universal Declaration of Human Rights and the celebration of UN Human Rights day, we would like to take this opportunity to reflect upon the importance of privacy and data protection as key pillars of healthy societies.