[DRAFT] Protecting Online Anonymity

[Charax]

Anonymous Communications Compact

Category: Civil Rights | Strength: Mild

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The World Assembly,

Acknowledging the significant role played by internet communications in facilitating the sharing of ideas and information both within and across national borders,

Asserting that anonymity is a vital component of this process, allowing individuals to express themselves without fear of retaliation from states, private organisations or other individuals,

Celebrating the work of whistleblowers and activists who use online anonymity to hold governments and private organisations alike accountable for human rights abuses, violations of national and international law, et cetera,

Resolving to protect the right to online anonymity from being undermined at the national level,

The General Assembly,

1. Defines “the internet” as the global network of interconnected servers facilitating the transfer of information via services including, but not limited to, the world wide web, email, file sharing and telephony.

   
2. Defines “online anonymity” as using the internet while concealing one’s identity from other internet users, internet service providers, statutory bodies and miscellaneous third parties.
   
3. Recognises online anonymity as a human right.

   
4. Prohibits member states from seeking to undermine an individuals right to online anonymity except in the following circumstances:
   
   
   1. Law enforcement bodies have been issued a warrant to do so by a judge
      
   2. Doing so is necessary to address an imminent threat to the life of a specific individual
5. Instructs private organisations that they may not require individuals to verify their identity to gain access to their platform, including via mobile phone verification, except:
   
   
   1. Where the organisation holds personal information relevant to the physical, economic or other wellbeing of the individual, such as educational or financial institutions.
      
      
      1. . Member states may recognise such organisations via whichever mechanism they chose, making the excepted organisations and their reason for being granted an exception publicly available and free to access for all citizens.

This definitely requires more work, but I wanted to share this germinal version because I want to hear your thoughts on the core idea.

I was considering adding a portion specifically protecting consumer-end encryption software but I'm unsure whether that would be covered by implication in the text as it currently stands.

[Kenmoria]

“Clause 5 seems simply silly. A private school should definitely verify pupil’s or parent’s identities before allowing them onto certain aspects of a school website. This also applies for any secure private entity like a prison or national defence service.”

[Charax]

“Clause 5 seems simply silly. A private school should definitely verify pupil’s or parent’s identities before allowing them onto certain aspects of a school website. This also applies for any secure private entity like a prison or national defence service.”

Thank you for your feedback, I agree this was an oversight with the text and I have amended it to allow for states to exempt banks, schools and similar organisations from the regulations.

In the case of employers, intranets and similar systems are rarely made publicly available and most companies will carefully manage who has access to those resources via the issuance of corporate email accounts and so on, which would fall outside the scope of this proposal.

[Araraukar]

3. Recognises online anonymity as a human right.


IC: "Never."

OOC: You realize you're basically writing a pedophile's dream law? Or a terrorist's.

EDIT: Also, check the existing resolutions on networks and Internet and free speech and such - there are some bits in those that are likely relevant here too.

Oh and why would you want to be untraceable if you're doing nothing wrong?

[Picairn]

3. Recognises online anonymity as a human right.


IC: "Never."

OOC: You realize you're basically writing a pedophile's dream law? Or a terrorist's.

EDIT: Also, check the existing resolutions on networks and Internet and free speech and such - there are some bits in those that are likely relevant here too.

Oh and why would you want to be untraceable if you're doing nothing wrong?

OOC: Pretty sure a verified pedophile or a terrorist will have arrest warrants issued to them by judges, which will allow the government to revoke their right to privacy, as provided by Clause 4.

[Grays Harbor]

Recognises online anonymity as a human right

No, online anonymity is most certainly Not a “human right”, and I find it perplexing how anybody could think it is.

[Picairn]

Recognises online anonymity as a human right

No, online anonymity is most certainly Not a “human right”, and I find it perplexing how anybody could think it is.

I'm not sure about that... See McIntyre v. Ohio Elections Commission, for example.

[Charax]

3. Recognises online anonymity as a human right.


IC: "Never."

OOC: You realize you're basically writing a pedophile's dream law? Or a terrorist's.

EDIT: Also, check the existing resolutions on networks and Internet and free speech and such - there are some bits in those that are likely relevant here too.

Oh and why would you want to be untraceable if you're doing nothing wrong?

The text allows suspected criminals, including paedophiles and terrorists, to have their anonymity breached with a judicial warrant. As for why you'd want to be anonymous, any number of reasons — I'm afraid I don't buy into the "if you have nothing to hide you have nothing to fear" line of thinking.

Recognises online anonymity as a human right

No, online anonymity is most certainly Not a “human right”, and I find it perplexing how anybody could think it is.

It is instrumental for citizens seeking to exercise their rights to speech and protest without fear of reprisals in societies with prevalent internet access.

[Maowi]

OOC:

4. Advises member states that they should not seek to undermine individuals’ ability to exercise their right to online anonymity except in the following circumstances:

If you want this clause to be binding - which I suspect you do? - I recommend using stronger language than "advises" and "should", which I think could arguably be taken as not being binding. Maybe "forbids member states from seeking ..." etc., or something similar.

There is an imminent threat to the life of specific individuals

It would probably be bad faith, but taken to the extreme this could mean that if there is an imminent threat to the life of a specific individual anywhere, member states can undermine an individual's right to online privacy. I suggest wording it something like "Doing so is necessary to address an imminent threat to the life of a specific individual".

Also, by the way, to use list code -

Code: Select all

[list=1][*]Here's a numbered list

[*]With many points

[*] And even sub-points ...

[list=a][*]Like this one

[*]And this one

[*][list=i][*]And even more nestedness

[*]Which is beautiful[/list][/list]

[*]Hopefully this helps[/list]

^ That looks like this:

1. Here's a numbered list
   
2. With many points
   
3. And even sub-points ...
   
   
   1. Like this one
      
   2. And this one
      
   3. 1. And even more nestedness
         
      2. Which is beautiful
4. Hopefully this helps

[Araraukar]

OOC: Pretty sure a verified pedophile or a terrorist will have arrest warrants issued to them by judges, which will allow the government to revoke their right to privacy, as provided by Clause 4.

OOC: And exactly how are you going to verify anything, if you're not allowed to find out who they are and what they are up to?

The text allows suspected criminals, including paedophiles and terrorists, to have their anonymity breached with a judicial warrant.

OOC still: Warrants usually need proof first. Which needs a person's activities followed online.

Unless it's up to member nations to decide what justifies a warrant, in which case the clause doesn't actually protect anyone from anything, except in the most rabidly individualistic nations. Authoritarian ones would just rubberstamp any warrant ever requested.

As for why you'd want to be anonymous, any number of reasons

Name one. And do remember that free speech is already protected and most kinds of discrimination banned.

No, online anonymity is most certainly Not a “human right”, and I find it perplexing how anybody could think it is.

It is instrumental for citizens seeking to exercise their rights to speech and protest without fear of reprisals in societies with prevalent internet access.

IC: "So you think that online trolls should be allowed to troll "without fear of reprisal", that bullies should be allowed to cyberbully their victims to suicide, stalkers should be allowed to stalk as long as they do not actually threaten someone's life, that identity thiefs should have free access to other people's bank accounts, and that would-be criminals should be allowed to plan their capers in peace. Exactly who are you trying to protect? The rights of "speech and protest" have already been enshrined in the international law, and any nation in violation with those, is not going to follow this one either."

OOC: Also, title is currently off; there's nothing here about communications, simply about untraceability (of IPs?). Actually, how are Internet service providers going to be able to provide access to Internet, without being aware of who's using their service? Given that most often Internet access costs money, at least in RL.

Oh and GA #378, Digital Network Defense has this: "Reserves the right of member nations to monitor networks for digital security threats, should national law allow them to do so." If they couldn't verify who's who, online, it'd be fairly impossible to "monitor networks for digital security threats". You can't take that monitoring right away without contradicting the resolution.

Also worth checking - when you figure out the missing bits about communication - is GA #436, Protecting Free Expression, especially clause 2. It doesn't say "except when it's online".