Julian Assange – epic failure of the international human rights system?

Over the coming weeks and months, international lawyers and commentators will no doubt be falling over themselves to write about the issues raised by Julian Assange’s stalled extradition process and dramatic receipt of diplomatic asylum.  Who could blame us when this case raises so many unusual and complex issues of international law and politics? What interests me most is the fact that the Government of Ecuador has effectively declared its distrust of the human rights protections offered by the extradition and criminal justice processes of three countries.  Not just any countries, mind you; Sweden, the United Kingdom and the United States.  While no country’s justice system is perfect, these three countries arguably have some of the world’s most advanced legal systems for extradition and human rights protection and yet we have seen Ecuador invoke the laws of diplomatic asylum to protect Assange where these systems have allegedly fallen short. Continue reading Julian Assange – epic failure of the international human rights system?

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What is the greatest risk to online rights – government, companies or anarchy?

Nick Merrill is building an internet service provider called Calyx. Calyx will be designed to encrypt user’s data in such a way that it’ll be inaccessible to anyone but that user. Which means that if the government asks for your browser history or emails, Calyx will be technologically unable to hand them over.’.

When I stumbled across this, I was horrified.  As a civil servant and government lawyer, I bridled at the blatant attempt to undermine the criminal justice process.  But then I read on and watched videos of Nick Merrill telling his story of fighting a national security letter requiring him to disclose details about one of the clients of his ISP company.  It is quite compelling to hear of his 6 year battle for recognition of his entitlement to speak with his attorney and his right to tell others that he was issued with a national security letter.  So Nick Merrell’s encrypted ISP project started to sound less like paranoia and more like a rational reaction.

Just this week, I read that at the recent Black Hat Conference, when the room full of internet and security professionals was asked who they trusted less, Google or the government, the majority raised their hands for Google.  This surprised me, given the deeply ingrained distrust of big government and led me to wonder whether we were sliding into a situation in which the public will not trust anyone with regulation of online activities.  Is the web to become a wild west of anarchy because we are too afraid to trust anyone with any form of monitoring or enforcement? Continue reading What is the greatest risk to online rights – government, companies or anarchy?