Frank La Rue presented a report to the United Nations General Assembly on the twenty-third session of the Human Rights Council. Though it was a late submission, the report was regarding the promotion and protection of the right to freedom of expression and opinion. Generally, the main agenda for the report is the promotion and protection of all human rights such as economic, civil, social and cultural, political, and the right to development. It was presented based on resolution 16/4 of the Human Rights Council of the United Nations. The focus of the submission is analyses of the impacts of States' surveillance of communications in light of human rights to freedom of opinion and expression and privacy. However, the analyses recognize the impact of major technological developments in communications. The need for further study of new surveillance techniques and to amend national legislation regarding these practices based on human rights standards is also highlighted.
Summary of the Article:
The report begins with recognition of the considerable impact of major technological developments on communications. Technological innovations have enhanced the possibilities for communications, speedy information-sharing and multi-cultural conversations, anonymity in communications, and protections of free expression and opinion (Rue, 2013). While these advances have enhanced communications, they have also created new and increased opportunities for surveillance by the State and interventions into people's...
The use of these surveillance techniques has constantly been justified by concerns regarding national and global security and increased criminal activities across borders. Since the inception of the initial form of remote communications, States have developed measures to intercept and supervise private communications between individuals for law enforcement and national security purposes.
One of the major reasons for State surveillance on remote communications is the fact that most personal and intimate information regarding the past and future actions of a person or group are released through communication. Therefore, this channel represents a vital source of evidence through which the State can obtain information that help in preventing and prosecuting crime. Communication is also used as a valuable source for State to deter probable national security threats or emergencies.
In recent years, States have redesigned their networking technologies for monitoring private communications based on the evolution of information and communication technologies. These measures have been geared towards enabling State surveillance through increasing the accessibility and controllability of communication networks. Consequently, States use new means to monitoring communications as well as changing what is monitored. This eventually leads to storage, accessibility, and search of communications data, which is used to support law enforcement and national security…
