Q1 2020 Issue: COVID-19 and Freedom of Expression and Privacy | Six New GNI-Internews Fellows | Concerns About Pakistan's Rules Against Online Harm | Domestic Cases Asserting Global Internet Jurisdiction | Network Disruptions in India | Dangerous Speech Project Joins GNI | GNI is Hiring!
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Freedom of Expression and Privacy in the COVID-19 Pandemic
On 26 and 31 March, the Global Network Initiative hosted two learning calls on the implications of the novel Coronavirus, or COVID-19, on freedom of expression and privacy in the ICT sector. More than 100 individuals joined the calls, representing 54 GNI participants located in 26 countries around the world.
As COVID-19 spreads around the world, ICT company data may be useful to governments to aid public health efforts. At the same time, some government measures are impacting the flow of important health information. The conversations were structured around the following areas:
- Opportunities and risks of using ICT data to respond to COVID-19
- Using aggregated and anonymized data for virus tracking
- Using individual location data for contact tracing, including data volunteered with user consent or compelled by a government entity
- Government responses from around the world
- Updates on data-sharing initiatives
- Impacts of network disruptions on health information
- Threats to press freedom
- Future areas for GNI collaboration
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Six Digital Rights Organizations Begin GNI-Internews Fellowships
Six civil society organizations based in Africa, Latin America, and South Asia were selected to participate in the 2020 GNI-Internews Fellowship program. Fellows receive specialized support to contribute to GNI policy and learning activities, attend meetings and engagements, build connections with GNI members, and produce policy analyses. In addition, mentors from the civil society constituency will provide fellows with guidance on maximizing their GNI engagement. Learn more about Hiperderecho (Peru), Internet Freedom Foundation (India), KICTANet (Kenya), Management and Resources Development Initiative (Bangladesh), TEDIC (Paraguay), and Women of Uganda Network (Uganda) in the welcome announcement.
This is the second year of the GNI-Internews Fellowship. In a recent blog post, GNI Program and Policy Officer Nikki Bourassa reflected on the first year of the fellowship and the significance of GNI’s progress toward a more global membership for protecting and advancing freedom of expression and privacy rights in the ICT sector.
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GNI Expresses Serious Concerns About Pakistan’s Rules Against Online Harm
Concerned about the lack of public consultation and the broad scope of the “Citizens Protection (Rules Against Online Harm) 2020,” approved by the Government of Pakistan on 21 January 2020, GNI released a statement identifying aspects of the rules that create significant risks to privacy and freedom of expression. As drafted, the rules give unilateral powers to the telecommunications authority to make legal determinations on and censor broad categories of content, and include requirements for all social media platforms — defined broadly and without exceptions for smaller platforms — to store user data locally and facilitate government access, endangering privacy.
GNI acknowledges the government’s decision to hold further consultations, but we encourage the government to withdraw these Rules and ensure any consultative process features broad, transparent consultation with legislators, civil society, social media companies, and other relevant stakeholders. Without due process and proper consultation, the legitimacy of the rules has been called into question.
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GNI Raises Concerns About Domestic Cases Asserting Global Jurisdiction over the Internet
When countries assert legal jurisdiction over Internet content beyond their territorial boundaries, they broach well-established and traditionally respected concepts related to sovereignty, conflict of law, and international comity. Orders to ICT companies to remove or restrict access to content globally limit the right of domestic users to impart information and the right of foreign users to receive information regardless of frontiers. The multiple and overlapping assertions of jurisdiction by requesting governments also make it more difficult for ICT companies to avoid liability and protect the rights of global users.
Two cases from the Court of Justice of the European Union earlier this year — Google v. Commission Nationale de l'informatique et des libertés (National Commission on Informatics and Liberty or CNIL), relating to the global applicability of the European right to be forgotten, and Glawischnig-Piesczek v. Facebook, related to the territorial scope of removal orders — represent missed opportunities to identify and circumscribe the risks associated with possible jurisdictional overreach. In a statement, GNI outlined the implications of these cases and encouraged authorities around the world to refrain from imposing global removal orders. GNI calls for global standards, rooted in international law, for the appropriate scope of application for domestic legal orders for global companies.
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GNI Statement on Network Disruptions in India
International human rights law requires states to ensure that communications restrictions are imposed pursuant to clear, precise, and transparent legal frameworks and are strictly necessary and proportionate to the legitimate purposes invoked to justify them. In late 2019, GNI expressed deep alarm over reports of widespread protests throughout India occurring alongside mass protests, affecting several regions, including the capital, New Delhi. While there have been numerous network disruptions in India over the last several years, these disruptions were particularly concerning given the geographical scope.
GNI also expressed concern about the communications restrictions in the Jammu and Kashmir region, which appear to continue despite the urgent need for access to sound information and digital services.
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Dangerous Speech Project Joins GNI
GNI is pleased to announce that the civil society organization Dangerous Speech Project (DSP) has become a GNI member. DSP works to understand speech that increases the risk of intergroup violence and to diminish its harmful effects. DSP Director of Operations Tonei Glavinic noted, “We use our research to advise the tech industry, governments, and civil society on how to anticipate, minimize, and respond to harmful discourse in ways that prevent violence while also protecting freedom of expression.”
“GNI welcomes DSP’s experience engaging with different actors to reduce harmful online content and promoting international human rights law,” said GNI Executive Director Judith Lichtenberg. Read the announcement.
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GNI Job Opportunity: Operations Associate
GNI is seeking an energetic and engaged Operations Associate to join our team. This is an entry level position based in Washington, DC, focused on administrative and operational duties. It provides opportunities to work with a small, dedicated staff and engage with leading practitioners at the intersection of technology policy, human rights, and corporate responsibility.
We are looking for candidates who have strong organizational skills; an eye for detail; experience working in a fast-paced environment and on small teams; a desire for professional growth; and a demonstrated interest in human rights and/or technology policy. Learn more and apply.
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