Regulating the practice of digital and cyber-surveillance

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Concordia International School Shanghai Model United Nations ◆ Seventh Annual Session
Forum:
The Ad Hoc Commission on Society and Governance in the
Information Age
Issue:
Regulating the practice of digital and cyber-surveillance on civilians
by government
Student Officer: Sarah Park
Position:
Chair
Introduction
"Today, this global surveillance system continues to grow. It now collects so much digital
detritus — e-mails, calls, text messages, cellphone location data and a catalog of computer viruses - that
the N.S.A. is building a 1-million-square-foot facility in the Utah desert to store and process it." — The
New York Times (August 2012)
Surveillance allows governments and other agencies to maintain social control, recognise and
monitor threats, and prevent and investigate criminal activity. Through laws and programs, governments
now possess the ability to monitor the activities of the citizens. However, many civil rights, and privacy
groups oppose cyber-surveillance and expressed their concerns that with increasing surveillance,
citizens will end up with limited personal freedoms and privacy, leading to numerous lawsuits.
Privacy is a fundamental human right recognised by the UN Declaration of Human Rights, the
International Covenant on Civil and Political Rights, and many other international and regional treatise.
The increasing sophistication of information technology with its capacity to collect, and analyse
information on individuals has introduced a sense of urgency to the demand for legislation.
Definition of Key Terms
Communications Assistance for Law Enforcement Act
A United States wiretapping law, which forced telephone companies to redesign their network
architectures to make it easier for law enforcements to wiretap digital telephone calls.
Cybersecurity Information Sharing Act
A proposed law to improve cybersecurity in the United States through enhanced sharing of
information about cybersecurity threats and for other purposes.
Cyber-surveillance
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Concordia International School Shanghai Model United Nations ◆ Seventh Annual Session
The gathering of data by means of technological tools and surveillance software programs.
Digital privacy
Protection of the information of private citizens who use digital mediums.
ECHELON
A global system for the interception of private and commercial communications.
UKUSA Agreement
A multilateral agreement for cooperation in signals intelligence between the United Kingdom, and
the United States, Canada, and New Zealand.
History
The Beginning of cyber-surveillance
Mass surveillance executed by the government in the mid-20th century has always existed as a
form of necessary system that fights terrorism, protects national security, and prevent social unrest.
However, whether or not this system infringes privacy rights or freedom to expression has also been in
question. Following the advances of the information age in the past few years, cyber-surveillance has
been greatly facilitated through new technologies. Cyber-surveillance now encompasses everyday emails, texts, location data from all over the world. In 2013, the UN had recognised the negative impact of
mass surveillance on human rights, but are still seeking actions to prevent this problem.
Key Issues
Vulnerability of cyber-surveillance
Many citizens oppose the Cybersecurity Information Sharing Act due to the violation on their
privacy. Through this act, companies are allowed to share any information with the government,
including significant amounts of personal information, and the NSA and FBI can automatically get all the
shared information and use it for any number of reasons. It also allows hack-backs that could damage
3rd party networks. Also, it was found that in 2015, the risks of cyber attacks being carried out through
these cyber-surveillances have increased compared to prior years.
Major Parties Involved and Their Views
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Concordia International School Shanghai Model United Nations ◆ Seventh Annual Session
United States
Since the September 11, 2001 terrorist attack, a vast domestic intelligence agencies have been
built to collect information such as the National Security Agency (NSA), and the Federal Bureau of
Investigation (FBI). These intelligence agencies collects, analyses, and stores information relating to
millions of American citizens.
China
Mass surveillance in China is a widespread practice throughout the country. The Chinese
government published a draft of a new Internet security law, which contained, “Powers to require online
surveillances, remove content, block foreign web sites and shut down parts of the network.” Beyond
censorship and Web blocking, Article 50 of the draft law also lays out mechanisms for complete
shutdowns of parts of China's network: "To fulfil the need to protect national security and social public
order, and respond to major social security incidents, the State Council, or the governments of
provinces, autonomous regions and municipalities with approval by the State Council, may take
temporary measures regarding network communications in certain regions, such as restricting it.”
Iran
Iran is one of the 5 countries whose governments are involved in active and intrusive
surveillance, resulting in violations of freedom of information and human rights. The government controls
almost all of the country’s institutions for regulating, managing or legislating on telecommunications.
Timeline of Relevant Resolutions, Treaties and Events
Date
Description of event
1972
Central Security Service (CSS) established
1994
Communications Assistance for Law Enforcement Act established
2007
PRISM(surveillance program) launched
2013
UN adopts “The Right to Privacy in the Digital Age” resolution
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Concordia International School Shanghai Model United Nations ◆ Seventh Annual Session
Protecting Individuals From Mass Surveillance Act established and the
2015
Cybersecurity Information Sharing Act is passed
Evaluation of Previous Attempts to Resolve the Issue
Some previous attempts include: The full UN General Assembly adopted the resolution regarding
“The Rights to Privacy in the Digital Age” in December of 2013. In this resolution, the UN took their first
step in addressing the negative impact of mass surveillance on human rights, and the establishment of
the Protecting Individuals From Mass Surveillance Act in 2015.
Possible Solutions
Some possible solutions may include: establishing active partnerships and cooperation between
private sectors, which a confidential relationship in which information can be exchanged for investigative
and intelligence purposes, and information security organisations. Also enforcing laws protecting a
citizen’s personal freedom and privacy. Not only this, but collaboration particularly with the information
technology sector is crucial and law enforcement agencies must work in partnership with citizens so that
all concerned can improve any surveillance abuse or misuse.
Bibliography
"CALEA." Communications Assistance for Law Enforcement Act. FBI, n.d. Web. 14 Nov. 2015.
https://askcalea.fbi.gov/
Cesaris, Marco De. "Internet And The Surveillance Society." Linked In, n.d. Web.
https://www.linkedin.com/pulse/20140614072242-13998576-internet-and-the-surveillance-society-whois-watching-you-how-and-why
"ECHELON." Wikipedia. Wikimedia Foundation, n.d. Web. 14 Nov. 2015.
https://en.wikipedia.org/wiki/ECHELON
"Finding Solutions. Together." To Tackle Cybercrime Effectively, Establish... Global Economic
Symposium, n.d. Web. 14 Nov. 2015. http://www.global-economic-symposium.org/knowledgebase/the-
global-polity/cybercrime-cybersecurity-and-the-future-of-theinternet/solutions/To_tackle_cybercrime_effectively_establish…
"Government Internet Surveillance." Electronic Frontier Foundation, n.d. Web.
https://www.eff.org/deeplinks/2011/09/government-internet-surveillance-starts-eyes-built
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Concordia International School Shanghai Model United Nations ◆ Seventh Annual Session
Moody, Glyn. "China’s New Internet Law Introduces Stricter Censorship, Surveillance Powers."
China’s New Internet Law. Arstechnica UK, n.d. Web. 14 Nov. 2015. http://arstechnica.co.uk/tech-
policy/2015/07/chinas-new-internet-law-formalises-stricter-censorship-surveillance-powers/
"Stop Cyber Spying." Stop Cyber Surveillance. StopCISA, n.d. Web. 12 Nov. 2015.
https://stopcyberspying.com/
"UKUSA Agreement." Wikipedia. Wikimedia Foundation, n.d. Web. 13 Nov. 2015.
https://en.wikipedia.org/wiki/UKUSA_Agreement
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