UKRAINIAN INTERNET GOVERNANCE FORUM Kyiv 1 October 2014 State of play of the answers to Ed. Snowden revelations: TIME OF REPORTS USA National, EU, CoE regional, and UN HCHR by Marie GEORGES, Council of Europe expert

The revelations- since June 2013 (ECHELON end 1990s “Passenger Name Record” since 2003) 2001 and on: NSA and its private contractors: individuals Several programs - PRISM: 97 Millions/month Data collected from Microsoft 2007, Yahoo! 2008, Google 2009, Facebook 2009, PalTalk 2009, Youtube 2010, Skype,2010, AOL 2011, Apple Gateways Google’s network Infiltrated -Submarines cables -Metadata shared ( ICReach + Boundless Informant) - FBI, CIA, -5 EYES USA (non American)+ UK (American and TEMPORA) +Australia+ Canada+ NZ -14 EYES Fairview, (Mexico, …others from Latin America), Sweden (eastern countries), Germany…. -Back doors -Cryptographic tools ruined -Spying directly people for political or economic purpose France (a small one)

National, regional, global reports USA - The expert committee ’s report January Obama speech on January 17 To review FISA and Patriot ACT : FISA COURT -with independent persons, -- more power, -- transparency + to protect non Americans non in USA - Draft law senator LEHARY « US FREEDOM ACT » + supported by Signatures => Will it be adopted before elections in November? What about non Americans, stopping political and economic spying? Obama said January 17, 2014 « same protection as American » but the decision is not public….

National, regional, global reports European Parliament : Report adopted in plenary on March 12, 2014 Massive surveillance = against HR, only tailored is acceptable -> Security plan for EU institutions in EU and outside (Wash. NY.) - To develop secure IT, European Cloud services, cryptography end to end - To impose restriction on the export of surveillance tools -> Appeal to involved Member States to revise their legal framework on surveillance activities for national security Ex ante independent control, surveillance including on international agreements Ex post control Transparency - Appeal to Council to adopt with EP DP proposed Regulation and directive law enforcement” end of 2014 (DPA’s authorization in case of transfer to US authorities) - CE to suspend/renegotiate Agreements with USA on PNR and on SWIFT -> To protect whistleblowers - EU DP non negotiable within the Transatlantic economic current negotiation -> To take international initiative for a global legal instrument including an UN Agency to monitor new surveillance technology, to investigate/control uses

National, regional, global reports Council of Europe: - Convention 108 current modernisation (CAHDATA) ->Will article 9 on limitations for « National Security » be developed? - Parliamentary Assembly : a working group, many hearings, report is awaited - Venezia Commission : is updating its report of 2008 on mechanism of democratic control of surveillance for national security purpose - European Court of Human Rights : its jurisprudence + the complain from UK and other European NGOs for HR against UK for “massive surveillance”

National, regional, global reports ONU - the Council of HR is discussing this month the HCHR0’s report of (following the resolution of the GA adopted in November on the initiative of Brazil and Germany) then it will be discuss/adopted (?) by the GA The HCHR0’s report of Massive collection of data is an intrusion in privacy even if not used - States must insure the protection of nationals and non nationals no matter where they are in relation with their jurisdiction -Surveillance when Necessary for public order and for national security BUT -Established by law, -With an independent control of the necessity and of the proportionality (a judge or another other structure, independent and impartial -Private enterprises should keep vigilance -Judicial recourse /concerned persons 1 st Oct, 8 US NGOs urge the UN Council of HR to review US spying programs in the context of the US Universal Periodic Review of the HR of 2015