Saturday, December 28, 2013

When digital rights are not supported by the law, they must be granted by technology.

"Digital liberty has lost the Lawfare fight. It must win the technical fight."
Former Guardian columnist Greenwald paid rueful due to his own onetime lack of encryption skills, but said that most journalists covering national security had been no different as recently as a year ago.
That has now changed, both among journalists and the interested general public.
“One of most significant outcomes of the last few months has been the increased awareness of the importance of encryption and privacy,” he said. “It’s a remarkable sea change.”
The power of the NSA and the security establishment is too strong, and democratic governments are proving unable to resist the seduction of surveillance-derived knowledge.
Third parties that are vulnerable to being co-opted by national sovereigns cannot be trusted.
No law protection, no trust in third parties, so how to fight the technical war?
No design should ever permit unprotected data to touch third party infrastructure anywhere, anytime, anyway, ever. Period.
Recognize that we now inhabit an environment in which there are effectively no legal protections of any kind against pervasive, omnipresent surveillance.
Build robust, distributed channels.
Make them end-user friendly.
Build systems that MANDATE third party deniability.
Build systems that are (relatively) trivial to audit.
Pillay, the first non-white woman to serve as a high-court judge in South Africa,has been asked by the UN to prepare a report on protection of the right to privacy, in the wake of the former National Security Agency analyst Edward Snowden leaking classified documents about UK and US spying and the collection of personal data.
The former international criminal court judge said her encounters with serious human rights abuses, which included serving on the Rwanda tribunal, did not make her take online privacy less seriously.
"Combined and collective action by everybody can end serious violations of human rights … That experience inspires me to go on and address the issue of internet [privacy], which right now is extremely troubling because the revelations of surveillance have implications for human rights … People are really afraid that all their personal details are being used in violation of traditional national protections."
The same rights that people have offline must also be protected online, including the right to privacy
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