Wednesday, November 9, 2011

The Silicon Standard for Human Rights

The Silicon Valley Human Rights Conference put forth a statement of 15 principles this past October for guiding the behavior of ICT companies in relation to human rights. According to the organizers at Access, "The document is designed to complement other existing frameworks and uses the international human rights framework as its foundation." There's a lot to chew on here. I'll let the principles speak for themselves:
1. Technology and Revolutions: Technology companies play an increasingly important role in enabling and supporting the end user's capacity to exercise his or her rights to freedom of speech, access to information, and freedom of association. ICT companies should respect those rights in their operations and also encourage governments to protect human rights through appropriate policies, practices, legal protections, and judicial oversight.

2. On Human Rights: In both policy and practice, technology companies should apply human rights frameworks in developing best practices and standard operating procedures. This includes adhering to John Ruggie's Protect, Respect, and Remedy framework outlined in the UN Guiding Principles on Business and Human Rights.

3. Frontline Lessons from Other Sectors: Technology companies should look to the innovative examples and incorporate important lessons from other sectors, such as the apparel and extractive industries. The experiences of these sectors can and should guide them as they develop their human rights policies. These must be reflected in their operating practices in a transparent and accountable manner.

4. On Internet Regulation: To ensure innovation and the protection of human rights, internet regulation should only take place where it facilitates the ongoing openness, quality, and integrity of the internet and/or where it enables or protects users' ability to freely, fully, and safely participate in society. To achieve this end, it is critical that ICT corporations engage in multistakeholder dialogue.

5. Human Rights by Design: During the research, development, and design stages, technology companies should anticipate how and by whom their products and services will be used. Developing a human rights policy and engaging in due diligence at the earliest stages helps companies prevent crises, limit risk, and enable evidence-based assessment of company activities and reporting.

6. Encryption of Web Activity: Effective internet security is essential to ensuring freedom of speech, privacy, and the right to communicate. Technology companies must provide a basic level of security (e.g., HTTPS and its improvements) to their users by default and resist bans and curtailments of the use of encryption.

7. Getting Practical: Technology companies should implement human rights-respecting policies and practices in their day-to-day operations. These companies should utilize multi-stakeholder and cross-sector dialogues to review challenges faced within their markets with a view to improve their best practices.

8. Coding for Human Rights: Recognizing the human rights implications in code, engineers, developers, and programmers should ensure that technology is used in the exercise of fundamental freedoms, and not for the facilitation of human rights abuses. Technology companies should facilitate regular dialogue between engineers, executive leadership, and civil society to ensure that all parties are informed of the potential uses and abuses of their technologies.

9. Social Networking: Social networking platforms are both increasingly important to their users' capacity to communicate and associate online and are most used when customers trust the service's providers. When companies prioritize the rights of their customers, it is good for the long-term sustainability of their business, their brand, and their bottom line.

10. Intermediary Liability: In an era of computer-mediated communications, freedom of speech, association, and commerce increasingly depend on internet intermediaries (e.g., broadband service providers, web hosting companies). These intermediaries should not be required to determine the legality of, or held liable for, the content they host.

11. Legal Jurisdiction in a Borderless Virtual World: To foster the continued growth of an open and interconnected internet, technology companies should work alongside governments and civil society to ensure that users' rights are protected to the fullest extent possible. Governmental mandates that infringe upon freedom of expression and other human rights should be interpreted so as to minimize the negative impacts of these rules and regulations.

12. Visual Media and Human Rights: Technology companies should pay special attention to the unique human rights challenges of visual media technologies and content—especially on issues such as privacy, anonymity, consent, and access.

13. Social Media in Times of Crisis: Technology companies should resist efforts to shut down services and block access to their products, especially during times of crisis when open communications are critical. Blanket government surveillance of corporate networks should be resisted. Moreover, the burden of proof for privacy-invasive requests should lie with law enforcement authorities, who should formally, through court processes based on probable cause and rule of law, request a warrant for each individual whose information they would like to access.

14. Privacy: Technology companies should incorporate adequate privacy protections for users by default. Furthermore, technology companies should resist over-board requests from governments to reveal users' information, disclose no more information about their users than is legally required, and inform their users so that they can choose to legally respond to these requests. Furthermore, technology companies should be transparent about how user data is collected, processed, and protected—including disclosures of unauthorized access to user data.

15. Mobile and Telcos: Telecommunications companies must protect their users' fundamental human rights, including support for the protection of human rights in their operating licenses, and ensure that the free flow of communication is not curtailed or interfered with, even in times of crisis.

The big thing missing here is the subtext: While it's incredibly important to ensure that human rights are fulfilled in the use of information and communication technologies, it does us no good to simultaneously ignore abuses in their manufacture. My hope going forward is that this framework can be deepened to explicitly include the supply chains and labor rights problems associated with the ICT sector. The freedoms these magical gadgets enable must extend all the way down to the minerals.

Monday, November 7, 2011

What Does Accountability Mean to You?

There was plenty of finger pointing last Tuesday morning as WNYC's talk show host Brian Lehrer led a spirited discussion with a live audience on the subject of "Occupy New York." The most contentious topics were accountability for U.S. income disparity, and the causes of our financial crisis. Former New York governor Eliot Spitzer accused the Federal Reserve of lack of oversight; New York Federal Reserve Deputy Chairwoman Kathryn Wylde blamed international economic pressures; and Occupy Wall Street protester Jesse LaGreca blamed a non-representative democracy.

Yet despite their bickering, the panelists agreed that the income disparity in America is unacceptable; that the economy needs to improve; and that accountability is lacking. Amid the rapid-fire disagreements, there was a common struggle to grapple with the complex, systemic causes of our country's wobbly moment.

In an effort to poke a hole in LaGreca's arguments, business columnist Greg David asked, "What does accountability mean to you?" It's a fair question. Accountability is often vaunted as the unimpeachable principle missing from our country's response to recurring recessions and the widening income gap. And when we look at past bailouts of "black swan" level crashes and the moral hazard inherent in having institutions that are "too big to fail," it's clear that our system of accountability needs to be reconfigured. But how? In the heat of the debate, LaGreca defined accountability as investigations of bankers and corporate leaders, rather than a more global approach.

When Lehrer drew out LaGreca on the decision-making process underway at Occupy Wall Street, it became clear that LaGreca envisions the movement as a testing ground for a new form of accountable government. LaGreca is looking for a unicameral legislature (similar to Occupy Wall Street's General Assembly) where a 51 percent majority would be enough to pass a bill, thus ending the filibuster. He wants to eliminate political parties entirely and convert our system into a direct democracy.

With such a system, LaGreca contends, we would cut out the problems of campaign finance, party platforms, and special interests that stand in the way of true democratic consensus. Without party platforms or corporate interests to consider, he says, leaders would be accountable to their voters. With this new idea on the table, the meaning of accountability and its place in society has shifted.

LaGreca's plan is idealistic, and maybe impractical. Still, while parsing blame is a necessary step towards injecting accountability into the political-economic climate of the United States, it is clearly insufficient. We need more of the big-picture discussion that Lehrer was able to spark on Tuesday in order to truly confront and deal with the systemic lack of accountability.

[PHOTO CREDIT: Timothy Krause (CC).]