Surveillance

GNI members believe that freedom of expression and privacy are critical to fostering stability, inclusiveness, and security. As such, government surveillance activities must comply with principles of rule of law and democratic governance, as well as human rights principles such as legality, necessity, and proportionality.

Our framework of principles and guidelines provide companies with specific guidance on how to address government demands for access to data in a manner consistent with internationally recognized laws and standards. Our shared learning facilitates greater understanding of the specific challenges that surveillance activities can present. And our policy approach advocates for expanded transparency, oversight, and accountability of laws, regulations, and actions related communications surveillance.

Our policy work has also focused on identifying and calling out newer approaches to surveillance that take intermediaries out of the loop, thereby limiting opportunities for transparency and accountability over government access to user data. In 2021, after significant research and internal discussion, we launched a statement and landing page dedicated to “direct access.”

Defining Direct Access: GNI calls for greater transparency and dialogue around mandatory, unmediated government access to data

June 3, 2021|feature, Issues, issues highlight, surveillance|

This web page calls attention to legal and technical arrangements that allow government authorities to access data streams directly – that is, without having to request data from, or even notify, the service providers that collect and/or transmit the data. Read more for the full GNI statement, "defining direct access", plus a one-page visual explainer and related resources.

Privacy and Artificial Intelligence: GNI Input to UN Human Rights Thematic Report

May 28, 2021|intermediary liability, Issues, issues highlight, media releases, surveillance|

GNI welcomes this opportunity to provide input to UN Human Rights on the preparation of the thematic report on artificial intelligence and the right to privacy. In our submission, we outline risks and opportunities for human rights, recommended safeguards, and legal and regulatory considerations to ensure the increasing adoption of AI technologies contributes to the promotion and protection of the right to privacy.

GNI Analysis: Information Technology Rules Put Rights at Risk in India

March 30, 2021|feature, intermediary liability, Issues, issues highlight, media releases, Publication, surveillance|

Recently notified IT Rules in India, which follow a previous draft GNI commented on in early 2019, continue to pose significant risks for freedom of expression and privacy. Read GNI's letter to the Ministry of Electronics and Information Technology and corresponding analysis of the Rules.

GNI Statement of Concern on Proposed Cybersecurity Law in Myanmar

February 12, 2021|feature, intermediary liability, Issues, issues highlight, media releases, network disruptions, surveillance|

Given the severe social, economic, and human rights consequences that the draft cybersecurity law is likely to have on both users and companies inside the country, GNI calls on the Myanmar military to withdraw and reconsider the law.

GNI Expresses Concern About Proposed ‘Fake News’ Law in Brazil

June 29, 2020|feature, intermediary liability, Issues, issues highlight, surveillance|

Several provisions of the proposed "Law of Freedom, Responsibility, and Transparency on the Internet” in Brazil would be counterproductive to the stated intent of the bill and pose risks for freedom of expression and privacy. Brazil’s legislature should heed calls from international experts and civil society and take care to respect the rights enshrined in Marco Civil by rejecting the bill and engaging in meaningful and transparent multi-stakeholder consultation to find a truly rights-respecting way forward.

GNI Expresses Serious Concern Regarding Pakistan’s Rules Against Online Harm

February 26, 2020|feature, intermediary liability, Issues, issues highlight, Jurisdictional Assertions & Limits, media releases, surveillance|

The Citizens Protection (Rules Against Online Harm) 2020, approved by the Government of Pakistan on 21 January 2020, creates significant risks for the privacy and free expression rights of ICT users both within and outside of Pakistan.

GNI Letter to Independent National Security Legislation Monitor of Australia

December 20, 2019|Issues, issues highlight, surveillance|

GNI wrote to the Australian INLSM, Dr. James Renwick, to underscore critical considerations for fit-for-purpose, human rights-oriented oversight mechanisms and maxium transparency and accountability in the Assistance and Access Bill. The letter followed a recent consultation with Dr. Renwick and GNI non-company members and other partners, informing the INSLM's legislative review.

Enhancing Understanding of Legal Trends Impacting Freedom of Expression and Privacy in the ICT Sector

September 19, 2019|feature, issues highlight, network disruptions, surveillance|

The new and improved GNI Country Legal Frameworks Resource (CLFR) is Live! The CLFR centralizes and facilitates search and comparison across a repository of more than 50 country-specific reports on governments' authorities to access user data or restrict communications.

GNI Joins Call for U.S. Senate to Swiftly Consider Nominees to the Privacy and Civil Liberties Oversight Board

August 30, 2018|surveillance|

31 organizations sent a letter to the Senate Judiciary Committee urging them to consider the final two PCLOB nominees as quickly as possible. PCLOB has not been able to perform its critical duties in reviewing U.S. federal counterterrorism programs and ensuring they provide adequate safeguards for privacy and civil liberties for over 19 months.