>>APMG 8119: DIGITAL ENTERPRISE REPORT PREPARED FOR: GCSB (AGAINST) BY KIT ODLIN OLGA SERBINA...

>>APMG 8119: DIGITAL ENTERPRISE

REPORT PREPARED FOR:GCSB (AGAINST)

BY KIT ODLIN

OLGA SERBINASNIGDHO CHAKRAVARTYVINAVANH SVENGSUKSA

ERDENEJARGAL TSOODOL

POSTGRADUATE DIPLOMA IN BUSINESS

APMG 8119: DIGITAL ENTERPRISE2013

FOR DR ROBERT DAVIS


When you hear someone say, “If you’re not doing anything wrong, you have nothing to worry about.” What they’re actually saying is “If I’m not doing anything wrong, I don’t need to have rights.”

-Ben Swann

award-winning American journalist


Human Rights

• Everyone has the right to freedom of opinion and expression without interference; and to seek, receive and impart information and ideas through any media. (The Universal Declaration of Human Rights, n.d.)

• Respect for human rights and fundamental freedom..., transparency and accountability in public administration are essential elements of democracy (UN, 2002).

• A person’s rights must never be violated, no matter how much good is created (Alexander et al, 2007, as cited in Sidenius et al, 2012).

NZ Bill of Rights

It puts limits on the actions of Government to protect civil rights of citizens. Among them:

• Right to freedom of expression

• Right to freedom of thought

• Right not to be subjected to unreasonable search or seizure

The Holy Grail


IS:

• A basic human need

• An establisher of boundaries that fix identity

• A basis for human dignity

• A warrantor of freedom of association and speech

• A root of personal safety

IS NOT:

• Secrecy

• Hiding bad things

• Crime

Privacy


Erosion of democracy, invasion of privacy

• Neither public consultation nor open discussion with ICT industry and affected businesses prior to passing the bill.

• Access to the Internet as no different from access to knowledge (Subramanian, 2012). Internet surveillance is an infringement of rights of access to knowledge.

• GCSB can intercept private communication even though the individual concerned has done nothing wrong.

• GCSB can spy on New Zealanders’ communication with foreign individuals or organisations.

• GCSB is free to use intelligence it has gained “incidentally”.

• GCSB is not required to tell people that they have had their private communication intercepted.

GCSB Bill - facts and flaws


Potential misuse of unrestrained, intrusive power

•No legal constraints on who GCSB can share intercepted private communication with, can be fed into international mass surveillance programmes.

•Class category too broad and vague. An access authorisation grants GCSB access to “class of information infrastructure” which could be the NZ internet and all telco traffic.

•warrant to be issued by either the Prime Minister or the Commissioner of Security Warrants, who is appointed by the Prime Minister. There is no judicial or truly independent oversight for the exercise of these very serious powers.

GCSB Bill - facts and flaws


Telcos and online service providers need to:

• give "surveillance agencies” access to their clients' communications,

• have full intercept capability/intercept ready/intercept accessible,

• allow for equipment to plug into the network, and

• ensure staff are trained and have suitable security clearance.

Increase vulnerability to cyber attack

• Designing encryption systems that allow for interception is difficult. Contrary to GCSB’s intention of cyber protection, it makes our telecommunication systems more vulnerable to attack (Beagle, 2013).

Stifle competition and reduce competitiveness of telcos

• Telcos must also consult with the GCSB when developing new infrastructure and networks to lessen the risk of cyber attacks and espionage.

GCSB Bill’s little brother -Telecommunications Interception Capability Security Bill


• Extremely and suspiciously rushed through

• Government control in disguise

• Lack of debates and discussions, negative feedback completely ignored

• Balance between privacy and security has not been met

• No privacy = no democracy

GCSB and TICS Bills are toxic


The Internet is the primary medium and source of information

• An open communication system (Leiner et al., 2003)

• network of networks

• Has no borders

“Countries with more prevalent state ownership of the media have less free press, fewer political rights for citizens, inferior governance, less developed markets, and strikingly inferior outcomes in the areas of education and health” (Djankov et al., 2001)

Not surprisingly, repressive regimes see the Internet as a threat

Main reasons for control: In the name of protecting commercial, national security and cultural interests or, in minor, protecting from the negative effects of the Internet… (Subramamian, 2012)

Internet censorship – global perspective and implications


• Russia has launched Sputnik, government-owned Internet search engine that is comparable with Google!

• China has its own search engines such as Baidu and Weibo.

Government’s control of the Internet is creating an environment for endless race for the best in hacking, creating viruses, and “defending” its own country.

Not controlling the Internet doesn’t mean no role for laws or regulations that safeguard individual rights, but recognizing the Internet’s transnational nature.

Internet censorship – global perspective and implications


What is Electronic McCarthyism?

• The likely result of the 2011 and early 2012 PIPA (Protect IP Act) and SOPA (Stop Online Piracy Act) legislation. The initial formation of these documents, bankrolled by the MPAA (Motion Picture Association of America) and RIAA (Recording Industry Association of America) industry giants, was intended to stop piracy in yet another venue: online.

• The GCSB bill underlays the same principal in "Piracy Protection Act" (Government Communications Security Bureau and Relate Legislation Amendment Bill, p4)

How does "The Law" work?• The laws were written in such a broad way, and with such ineffective

methodology (DNS blocking), that the impact of the laws on actual piracy would be minimal. Instead, the laws provide for action based on accusation, rather than due process.

GCSB and "Electronic McCarthyism"(EM)


• The GCSB bill has the same underlying principle of stopping piracy. So according to its nature, a website merely has to be reported as having copyrighted material, and the action to shut it down goes into effect - with proof of actual wrongdoing not required.

HOW IS IT TYRANNY? : A Scenario just for you!

• Say A user reports a site"samplesite.com" ,saying it contains copyrighted content. ALL ISP's, according to the bill, need to block the website immediately.

• The Blocked website cannot do anything until and unless they go through the process of providing authenticity of the content.

• If it is a small business website that runs only on web classifieds, i.e. generates revenue only through web clicks, its revenue generation completely stops.With the time it can actually take to prove the content

authentic, the business may completely die.

• This is a classic case of the misuse of the law.

EM : Its all about "Tyranny"


New Zealander of the Year, Dame Anne Salmond, expresses her views on the "Spy" bill and electronic McCarthyism. Let's hear what she has to say...

http://www.3news.co.nz/Speaking-out-against-the-GCSB-bill/tabid/367/articleID/306376/Default.aspx

Something more to "Hear and Think About"..


• Financial damages to telecom companies

• Impact on trading with China

• Threat to attracting inbound investments

• Issues for companies with international partners

Google, Microsoft, Facebook and Yahoo in NZ are in “serious legal conflict” and even considering to withdraw their services from NZ

GCSB Bill cripples businesses


• Detrimental to NZ’s reputation as “the best country for business” (Forbes, 2012).

• Detrimental to NZ’s reputation as “the most free country in the world” (Fraser Institute, 2013)

• Detrimental to NZ’s reputation as “the No.1 country in the world for protecting investors” (World Bank, 2013)

• Unable to attract talent to NZ

• Potential lost opportunity in ICT sector up to $2 billion

GCSB Bill is a costly mistake


Public Outcry

• 89% of New Zealanders are against the GCSB bill (TV3, 2013).

• Thousands marched against it in 11 cities.

• The Human Rights Commission, the Privacy Commission, the Council for Civil Liberties, the Law Society, the former Prime Minister Sir Geoffrey Palmer and the former Head of GCSB are all

against it.


Final Words

• GCSB is about government control, not protection. We need to protect ourselves against government control!

• $65million investment on GSCB snooping technology and resources can be better used elsewhere.

• Key is to strengthen NZ’s ICT capability and competitiveness, and to educate businesses and the public about cyber

security.


Brenkert, G. (2010). Corporate control of information: business and the freedom of expression. Business and Society Review, 115:1, p.121-145

Careers NZ (2013). Labour market situation. Retrieved from http://www.careers.govt.nz/jobs-database/whats-happening-in-the-job-market/labour-market-situation/#c35044

Cooper, J. (2003). Privacy. Sweet and Maxwell, London.

Djanko, S. et al., (2001). Who owns the media?. National Bureau of Economic Research. Retrieved from http://www.nber.org/papers/w8288.pdf?new_window=1

Forbes. (2012). New Zealand tops our list of the best countries for business. Retrieved from http://www.forbes.com/sites/kurtbadenhausen/2012/11/14/new-zealand-tops-list-of-the-best-countries-for-business/

Fraser Institute. (2013). Towards a worldwide index of human freedom. Retrieved from http://www.fraserinstitute.org/research-news/news/display.aspx?id=19171

References


References

Global Internet Liberty Campaign (n.a.). Privacy and Human Rights: an International Survey of Privacy Laws and Practice.

Human Rights Commission (2013). New Zealand Bill of Rights. Retrieved from http://www.hrc.co.nz/human-rights-environment/human-rights-legislation/new-zealand-bill-of-rights-act

Mueller, M., (2013), An Internet ‘free from Government Control:’ A worthy principle. Retrieved from http://www.internetgovernance.org/2013/04/14/an-internet-free-from-government-control-a-worthy-principle/

Sidenius, K.H.R, Jensen, M.S., Jensen, B.H, Fiktus, M.K. and Tommerup, E. (2012). Copyright VS. Megaupload.

Robbins, A. (1993) Personal Power, San Diego, California.

Sophianic Healing (2013). Why we need privacy in the Internet age. Retrieved from: http://www.sophianichealing.com/articles/why_we_need_privacy.html


References

Subramanian, R. (2012). The growth of global internet censorship and circumvention: a survey. Communications of the International Information Management Association.

TV3 (2013, August 19). Campbell Live GCSB roadie, poll end. Retrieved from http://www.3news.co.nz/Campbell-Live-GCSB-roadie-poll-end/tabid/817/articleID/309661/Default.aspx

United Nations. (n.d.) The Universal Declaration of Human Rights. Retrieved from http://www.un.org/en/documents/udhr/index.shtml

United Nations. (2002). Democracy and human rights. Retrieved fromhttp://www.un.org/en/globalissues/democracy/human_rights.shtml

Vance, A. (2013, October 8). Helping spies break through hi-tech barriers. Retrieved from http://www.stuff.co.nz/dominion-post/comment/columnists/9254980/Helping-spies-break-through-hi-tech-barriers


References

World Bank. (2013). Ease of doing business in New Zealand. Retrieved from http://www.doingbusiness.org/data/exploreeconomies/new-zealand/

>>APMG 8119: DIGITAL ENTERPRISE REPORT PREPARED FOR: GCSB (AGAINST) BY KIT ODLIN OLGA SERBINA...

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