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[PASSED] Prohibition Of Unwarranted Digital Surveillance

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Greater Cesnica
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Postby Greater Cesnica » Thu Feb 04, 2021 12:15 pm

Araraukar wrote:
Greater Cesnica wrote:OOC: This does not apply to security cameras in its present state. The first draft did, yes. I'm going to try to tackle more broad surveillance methods in another draft.

OOC: Yet "any surveillance of digital devices ... where the scope of such surveillance is beyond that of targeting specific individuals" does catch digital security cameras, which in RL are the vast majority these days.

OOC: Surveillance of means that digital devices are being surveilled here. It does not mean that digital devices are being used to carry out surveillance necessarily.

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Araraukar
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Postby Araraukar » Thu Feb 04, 2021 12:26 pm

Greater Cesnica wrote:
Araraukar wrote:OOC: Yet "any surveillance of digital devices ... where the scope of such surveillance is beyond that of targeting specific individuals" does catch digital security cameras, which in RL are the vast majority these days.

OOC: Surveillance of means that digital devices are being surveilled here. It does not mean that digital devices are being used to carry out surveillance necessarily.

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Somiens-et-Haveras
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Postby Somiens-et-Haveras » Thu Feb 04, 2021 12:27 pm

Greater Cesnica wrote:
Araraukar wrote:OOC: Yet "any surveillance of digital devices ... where the scope of such surveillance is beyond that of targeting specific individuals" does catch digital security cameras, which in RL are the vast majority these days.

OOC: Surveillance of means that digital devices are being surveilled here. It does not mean that digital devices are being used to carry out surveillance necessarily.


"Ambassadors, perhaps a small amendment could clear up the confusion."

any surveillance of privately owned or operated digital devices ... where the scope of such surveillance is beyond that of targeting specific individuals

"We may have to change the definition in order to clarify what constitutes a privately owned or operated digital device, but that should clearly exclude the use of state CCTV."
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Greater Cesnica
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Postby Greater Cesnica » Thu Feb 04, 2021 12:29 pm

Araraukar wrote:
Greater Cesnica wrote:OOC: Surveillance of means that digital devices are being surveilled here. It does not mean that digital devices are being used to carry out surveillance necessarily.

Image

You keep fixating on an incorrect interpretation of the wording. The man is not surveilling digital devices in that photo, he is surveilling real-life locations via digital cameras.

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Somiens-et-Haveras
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Postby Somiens-et-Haveras » Thu Feb 04, 2021 12:31 pm

"An amendment excluding the use of CCTV as being part of the definition of digital mass surveillance for the purposes of this legislation would also do the trick. As long as there is perceived ambiguity it is better to be as clear as possible Ambassador."
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Araraukar
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Postby Araraukar » Thu Feb 04, 2021 12:36 pm

Somiens-et-Haveras wrote:"An amendment excluding the use of CCTV as being part of the definition of digital mass surveillance for the purposes of this legislation would also do the trick. As long as there is perceived ambiguity it is better to be as clear as possible Ambassador."

IC: "This has been pointed out to them several times but they still have not acted on it for some reason."

OOC: If digital cameras being linked digitally via the internet and their continued stream of data being interpreted through computers and then monitored by a human being on a monitor is NOT digital surveillance, then nothing done to anyone's phone or home computer is either, because it's the exact same thing (digital devices and their data being monitored).
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Somiens-et-Haveras
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Postby Somiens-et-Haveras » Thu Feb 04, 2021 12:50 pm

Araraukar wrote:
Somiens-et-Haveras wrote:"An amendment excluding the use of CCTV as being part of the definition of digital mass surveillance for the purposes of this legislation would also do the trick. As long as there is perceived ambiguity it is better to be as clear as possible Ambassador."

IC: "This has been pointed out to them several times but they still have not acted on it for some reason."


"Ambassador McCooley, you do wish to see this legislation pass, Non?
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- Chief Justice of the Supreme Court: Mitsu Suzukaze
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Greater Cesnica
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Postby Greater Cesnica » Thu Feb 04, 2021 2:08 pm

OOC: A clarification wouldn't hurt. It has been added.

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Somiens-et-Haveras
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Postby Somiens-et-Haveras » Thu Feb 04, 2021 2:36 pm

Greater Cesnica wrote:
Clarifies that:
  1. The particular suspicion of unlawful activities needed to perform targeted digital surveillance on specific individuals shall not be primarily based on the basis of an individual's religion, sexuality, race, nationality, gender identity, or any other arbitrary, reductive categorization, and that
  2. The use of closed-circuit television cameras for surveillance in public spaces does not constitute "digital mass surveillance".


"That should put to rest any concerns over the use of CCTV, Ambassador McCooley. Our delegation thanks you for your diligence in this matter. You have our continued support on this resolution."
All posts made in solidarity.
- Ambassador Grégoire Baillairgé
Unitary quasi-one-party socialist republic
- PRS General Secretary: Auguste Besnard head of state
- Premier of the Executive Directory: Jean-François Boulet head of gov.
- Presiding Speaker of the People's Congress: Marie-Noëlle Marchand
- Chief Justice of the Supreme Court: Mitsu Suzukaze
*Views expressed IC not necessarily my own

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Greater Cesnica
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Postby Greater Cesnica » Thu Feb 04, 2021 8:22 pm

Somiens-et-Haveras wrote:
Greater Cesnica wrote:
Clarifies that:
  1. The particular suspicion of unlawful activities needed to perform targeted digital surveillance on specific individuals shall not be primarily based on the basis of an individual's religion, sexuality, race, nationality, gender identity, or any other arbitrary, reductive categorization, and that
  2. The use of closed-circuit television cameras for surveillance in public spaces does not constitute "digital mass surveillance".


"That should put to rest any concerns over the use of CCTV, Ambassador McCooley. Our delegation thanks you for your diligence in this matter. You have our continued support on this resolution."

"Thank you, Ambassador Baillairgé."

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Araraukar
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Postby Araraukar » Fri Feb 05, 2021 9:16 am

IC: "The addition made to exclude security cameras is sufficient. Still officially opposed to the whole idea in general, but we have no more concerns on CCTV necessary for the continued safety of the public and law enforcement."

OOC: The official opposition to the general idea is because in IC Araraukar is a police state dictatorship (utopia if you're lawabiding, dystopia if you're not), not because the draft had glaring issues. Just a clarification.
- Linda Äyrämäki, acting ambassador in the absence of miss Leveret
Araraukar's RP reality is Modern Tech solarpunk. In IC in the WA.
Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
Coronavirus related. This too. And this. These are all jokes. This isn't. This is, again, but it's also the last one.
Apologies for absences, non-COVID health issues leave me with very little energy at times.

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Greater Cesnica
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Postby Greater Cesnica » Fri Feb 05, 2021 9:18 am

Araraukar wrote:IC: "The addition made to exclude security cameras is sufficient. Still officially opposed to the whole idea in general, but we have no more concerns on CCTV necessary for the continued safety of the public and law enforcement."

OOC: The official opposition to the general idea is because in IC Araraukar is a police state dictatorship (utopia if you're lawabiding, dystopia if you're not), not because the draft had glaring issues. Just a clarification.

OOC: Alright, makes sense!

IC: "Alright Ambassador, we appreciate your feedback."

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Greater Cesnica
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Postby Greater Cesnica » Mon Feb 08, 2021 2:15 pm

OOC: Have re-structured the definitions so they're less wordy and awkward.

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American Pere Housh
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Postby American Pere Housh » Mon Feb 08, 2021 2:35 pm

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Greater Cesnica
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Postby Greater Cesnica » Mon Feb 08, 2021 2:43 pm

American Pere Housh wrote:"We are a dictatorship so we would be voting no just on principle."

"Understandable, Ambassador."

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Greater Cesnica
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Postby Greater Cesnica » Sat Feb 13, 2021 6:00 pm

So now that this is at vote, I can focus on this.
Last edited by Greater Cesnica on Sat Feb 13, 2021 6:00 pm, edited 1 time in total.

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Aredita
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Postby Aredita » Sun Feb 14, 2021 4:37 pm

It's a nice, well-written proposal that didn't take me a billion years to read. Phew!

I wish you were a bit clearer on what you meant by "surveillance." Are you talking about security cameras or something else? Other than that, I'd support it.
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Greater Cesnica
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Postby Greater Cesnica » Sun Feb 14, 2021 4:44 pm

Aredita wrote:It's a nice, well-written proposal that didn't take me a billion years to read. Phew!

I wish you were a bit clearer on what you meant by "surveillance." Are you talking about security cameras or something else? Other than that, I'd support it.

In this case, the term "surveillance" is to be used interpreted literally: so a watch, monitoring, and/or observation of a subject, device, person, location, etc. etc.

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Greater Cesnica
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Postby Greater Cesnica » Wed Feb 17, 2021 8:13 pm

So this is pretty much ready to submit pending the repeal of Digital Network Defense
Last edited by Greater Cesnica on Wed Feb 17, 2021 8:19 pm, edited 1 time in total.

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Rhino-Lions
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Postby Rhino-Lions » Fri Feb 19, 2021 10:57 am

My nation would absolutely support this proposal and would like to see it officially submitted! great work!


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Junitaki-cho
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Postby Junitaki-cho » Thu Mar 11, 2021 1:00 pm

What prevents a member state from contracting a non-government firm to carry out the surveillance and skirt this requirement?
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Greater Cesnica
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Postby Greater Cesnica » Thu Mar 11, 2021 1:02 pm

Junitaki-cho wrote:What prevents a member state from contracting a non-government firm to carry out the surveillance and skirt this requirement?

IC: "Oh! Good catch! Thank you, Ambassador. I will fix that loophole."

UPDATE: aaaand fixed.
Last edited by Greater Cesnica on Thu Mar 11, 2021 1:14 pm, edited 2 times in total.

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Greater Cesnica
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Postby Greater Cesnica » Wed Mar 17, 2021 5:42 am

"While re-reading this draft last night lying in bed on my laptop, I discovered a loophole that would have permitted member states to use the services of foreign governments, specifically non-WA states, to circumvent the ban on mass digital surveillance. As such, I patched that loophole. Looks good now."

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Bears Armed
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Postby Bears Armed » Wed Jun 02, 2021 9:21 am

OOC: '1.b' appears so wide in scope that it would bar member nations from carrying out ELINT operations against foreign nations, even in wartime.
Last edited by Bears Armed on Wed Jun 02, 2021 9:22 am, edited 2 times in total.
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