Human Rights Protocol Considerations Research Group A-M. Rutkowski
INTERNET-DRAFT Netmagic Associates LLC
Intended status: Informational
Expires: January 19, 2019 July 18, 2018
Human Rights as a Service (HRaaS)
draft-rutkowski-hrpc-hraas-00
Abstract
The establishment of Human Rights as a Service (HRaaS) has
significant potential benefits. Although the generic expressions of
human rights in legal instruments largely precludes definitive HRaaS
specification, the establishment of a measurable objective is
compelling in the global marketplace for internet capabilities made
available to the public, including new virtualised NFV-SDN based
implementations and protocols. This HRaaS draft provides a
structured enumeration of human rights found in the principal global
legal instruments against which standards bodies can evaluate their
specifications, vendors can differentiate their offerings, and users
can compare those offerings and make informed decisions.
Status of this Memo
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Table of Contents
1. Introduction...................................................2
2. Human Rights as a Service in existing and evolving internets...4
3. Structured enumerations of human rights........................4
3.1. The Universal Declaration of Human Rights - Enumeration
[UDHR].....................................................4
3.2. The International Covenant on Civil and Political Rights
Enumeration [ICCPR]........................................8
3.3. The International Covenant on Economic, Social and Cultural
Rights - Enumeration [CESCR]..............................10
3.4. Additional human rights instrument - enumerations... .....11
4. Security Considerations.......................................11
5. IANA Considerations...........................................11
6. Research Group Information....................................11
7. References....................................................12
7.1. Informative References....................................12
Appendix A. Additional Human Rights Instruments..................15
A.1. Additional Protocol to the Convention on Cybercrime,
concerning the criminalisation of acts of a racist and
xenophobic nature committed through computer systems -
enumeration [COEETS189]...................................15
Acknowledgments..................................................16
Authors' Addresses...............................................16
1. Introduction
Seventy years ago, the first of multiple legal instruments -The
Universal Declaration of Human Rights -was adopted setting forth
global human rights. [UDHR][HRI-DOCS] It contained 30 different
rights and freedoms. Forty years ago, the author of some of those
rights headed the first major international commission created to
consider how new communication technologies were advancing or
impeding those rights. [MACBRIDE] At the time, multiple data
networking technologies were proliferating, Louis Pouzin had
developed the internet concept seven years earlier and being
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implemented in multiple initiatives. [POUZIN] Senior technical
representatives to the Commission were projecting the developments
of internets over the next decade with a view to furthering human
rights. [MACBRIDE81]
Thirty years ago in 1988, the world's Nation=State representatives
convened at Melbourne to sign a treaty enabling the implementation
of internet public access capabilities globally subject to certain
constraints following the first major internet cyberattack a few
weeks before. [WATTC88] Twenty years ago in 1998, the U.S.
government initiated - CRISP -the first significant work on adverse
internet security and human rights challenges. [CRISP] At about the
same time, a trio of international actions occurred at the U.N.
Geneva Office of the High Commission on Human Rights which convened
series of conferences on emerging adverse internet human rights
problems, the EU Council of Ministers established the European
Monitoring Centre on Racism and Xenophobia, and the Heads of State
and Government of the Council of Europe at their Second Summit met
to seek common responses to the developments of new information
technologies. [OHCHR]
About fifteen years ago in 2003, thirty nations adopted "The
Additional Protocol to the Convention on Cybercrime, concerning the
criminalisation of acts of a racist and xenophobic nature committed
through computer systems" through the Council of Europe. [T-CY-AP]
In past several years, as internet human rights abuses have scaled
dramatically, a number of additional aggregate human rights have
evolved to deal with continuing, large-scale human rights abuses
such as cyberviolence, internet hate crime, and exploitation of
children. [WISENTHAL] [COE-CYBERVIOLENCE]
There is also an increasing recognition that while large enterprises
and knowledgeable may possess the resources to prevent or mitigate
most human rights abuses, large classes of people subject to those
abuses at the network edges do not possess those resources -
especially when manifested by nation-state actors. [DTRA-MASS]
Exacerbating the challenges is the use of the internet to pursue
pursuit of racism, xenophobia, and election manipulation agendas
today by national leaders as part of their political agendas.
[TTWEETS]
Notwithstanding the somewhat dire contemporary developments,
evolving new virtualised internets are emerging that could lead to
human rights improvements in the protocols, architectures, and
offerings to the public. NFV-SDN based virtualised internets are
rapidly emerging = especially for 5G environments. They make use of
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a broad array of protocols instantiated as service functions on
demand. [NFVRG] In conjunction with this virtualisation, internets
are witnessing a major paradigm shift of intelligence from the
network edges to network cores and gateways. [MBOX-INNOVATE] A
concept of Human Rights as a Service that provides structured
enumerations of human rights in global legal instruments can enable
standards bodies evaluating their specifications, vendors
differentiating their offerings, and users can compare those
offerings and making informed decisions.
2. Human Rights as a Service in existing and evolving internets
Although the generic expressions of human rights in legal
instruments largely precludes definitive HRaaS specification. In
addition to the typically unstructured language and often vague
terminology found in these instruments, they fall into the conundrum
of "the fog of more." There are dozens of intergovernmental bodies
involved, and even more in individual countries at varying
governmental levels. All of these bodies have promulgated human
rights. It has resulted in a significant body of human right law
that is manifested in legal systems, law schools, and institutes
distributed worldwide.
Notwithstanding these challenges, the creation of structured
enumerations for human rights found in the principal legal
instruments, has potential value under the aegis of "Human Rights as
a Service." Such enumerations would further the objective of
furthering cognizance, respect, implementation, and statistical
monitoring of those rights in the global marketplace of internet
protocols, virtual functions, applications, management, practices,
and services offered to the public.
3. Structured enumerations of human rights
The following subclauses provide an initial set of enumerations
which can be extended via a registry to encompass any legal
instrument of human rights.
3.1. The Universal Declaration of Human Rights - Enumeration [UDHR]
UDHR01 All human beings are born free and equal in dignity and
rights
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UDHR02 Everyone is entitled to all the rights and freedoms set
forth in this Declaration, without distinction of any kind, such as
race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status; no
distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory
to which a person belongs
UDHR03 Everyone has the right to life, liberty and security of
person
UDHR04 No one shall be held in slavery or servitude
UDHR05 No one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment
UDHR06 Everyone has the right to recognition everywhere as a
person before the law.
UDHR07 All are equal before the law and are entitled without any
discrimination to equal protection of the law
UDHR08 Everyone has the right to an effective remedy by the
competent national tribunals for acts violating...fundamental rights
UDHR09 No one shall be subjected to arbitrary arrest, detention or
exile
UDHR10 Everyone is entitled in full equality to a fair and public
hearing by an independent and impartial tribunal, in the
determination of his rights and obligations and of any criminal
charge against him
UDHR11 Everyone charged with a penal offence has the right to be
presumed innocent until proved guilty according to law in a public
trial at which he has had all the guarantees necessary for his
defence
UDHR12 No one shall be subjected to arbitrary interference with
his privacy, family, home or correspondence, nor to attacks upon his
honour and reputation
UDHR13 Everyone has the right to freedom of movement and residence
within the borders of each State...to leave any country, including
his own, and to return to his country
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UDHR14 Everyone has the right to seek and to enjoy in other
countries asylum from persecution.
UDHR15 Everyone has the right to a nationality...[nor] arbitrarily
deprived of his nationality nor denied the right to change his
nationality.
UDHR16 Men and women of full age, without any limitation due to
race, nationality or religion, have the right to marry and to found
a family...are entitled to equal rights as to marriage, during
marriage and at its dissolution
UDHR17 Everyone has the right to own property alone as well as in
association with others...no one shall be arbitrarily deprived of
his property.
UDHR18 Everyone has the right to freedom of thought, conscience
and religion; this right includes freedom to change his religion or
belief, and freedom, either alone or in community with others and in
public or private, to manifest his religion or belief in teaching,
practice, worship and observance
UDHR19 Everyone has the right to freedom of opinion and
expression;...includes freedom to hold opinions without interference
and to seek, receive and impart information and ideas through any
media and regardless of frontiers
UDHR20 Everyone has the right to freedom of peaceful assembly and
association...[nor] compelled to belong to an association
UDHR21 Everyone has the right to take part in the government of
his country, directly or through freely chosen representatives;...to
equal access to public service in his country;...[and] the will of
the people shall be the basis of the authority of
government...expressed in periodic and genuine elections which shall
be by universal and equal suffrage and shall be held by secret vote
or by equivalent free voting procedures
UDHR22 Everyone, as a member of society, has the right to social
security and is entitled to realization, through national effort and
international co-operation and in accordance with the organization
and resources of each State, of the economic, social and cultural
rights indispensable for his dignity and the free development of his
personality
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UDHR23 Everyone has the right to work, to free choice of
employment, to just and favourable conditions of work and to
protection against unemployment [and] without any discrimination,
has the right to equal pay for equal work...to just and favourable
remuneration ensuring for himself and his family an existence worthy
of human dignity, and supplemented, if necessary, by other means of
social protection...[and] to join trade unions for the protection of
his interests
UDHR24 Everyone has the right to rest and leisure, including
reasonable limitation of working hours and periodic holidays with
pay
UDHR25 Everyone has the right to a standard of living adequate for
the health and well-being of himself and of his family, including
food, clothing, housing and medical care and necessary social
services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood
in circumstances beyond his control...[and] motherhood and childhood
are entitled to special care and assistance [where] all children,
whether born in or out of wedlock, shall enjoy the same social
protection
UDHR26 Everyone has the right to education [and] education shall
be free, at least in the elementary and fundamental stages [and]
elementary education shall be compulsory [and] technical and
professional education shall be made generally available and higher
education shall be equally accessible to all on the basis of
merit...[where] education shall be directed to the full development
of the human personality and to the strengthening of respect for
human rights and fundamental freedoms [and] promote understanding,
tolerance and friendship among all nations, racial or religious
groups, and shall further the activities of the United Nations for
the maintenance of peace [and] parents have a prior right to choose
the kind of education that shall be given to their children
UDHR27 Everyone has the right freely to participate in the
cultural life of the community, to enjoy the arts and to share in
scientific advancement and its benefits, [and] to the protection of
the moral and material interests resulting from any scientific,
literary or artistic production of which he is the author
UDHR28 Everyone is entitled to a social and international order in
which the rights and freedoms set forth in this Declaration can be
fully realized
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UDHR29 Everyone has duties to the community in which alone the
free and full development of his personality is possible [and] in
the exercise of his rights and freedoms, everyone shall be subject
only to such limitations as are determined by law solely for the
purpose of securing due recognition and respect for the rights and
freedoms of others and of meeting the just requirements of morality,
public order and the general welfare in a democratic society
UDHR30 Nothing in this Declaration may be interpreted as implying
for any State, group or person any right to engage in any activity
or to perform any act aimed at the destruction of any of the rights
and freedoms set forth herein
3.2. The International Covenant on Civil and Political Rights
Enumeration [ICCPR]
ICCPR01 All peoples have the right of self-determination
[including]...political status and freely pursue their economic,
social and cultural development
ICCPR06 Every human being has the inherent right to life [nor]
arbitrarily deprived of his life
ICCPR07 No one shall be subjected to torture or to cruel, inhuman
or degrading treatment or punishment...[or] subjected without his
free consent to medical or scientific experimentation.
ICCPR08 No one shall be held in slavery [and]...no one shall be
held in servitude
ICCPR09 Everyone has the right to liberty and security of person
[or] subjected to arbitrary arrest or detention
ICCPR10 All persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human
person
ICCPR11 No one shall be imprisoned merely on the ground of
inability to fulfil a contractual obligation
ICCPR12 Everyone lawfully within the territory of a State shall,
within that territory, have the right to liberty of movement and
freedom to choose his residence [and] free to leave any country,
including his own [or] arbitrarily deprived of the right to enter
his own country
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ICCPR13 An alien lawfully in the territory of a State Party to the
present Covenant may be expelled therefrom only in pursuance of a
decision reached in accordance with law
ICCPR17 No one shall be subjected to arbitrary or unlawful
interference with his privacy, family, home or correspondence, nor
to unlawful attacks on his honour and reputation
ICCPR18 Everyone shall have the right to freedom of thought,
conscience and religion [and] include freedom to have or to adopt a
religion or belief of his choice, and freedom, either individually
or in community with others and in public or private, to manifest
his religion or belief in worship, observance, practice and teaching
ICCPR19 Everyone shall have the right to hold opinions without
interference [and] to freedom of expression
ICCPR20 Any propaganda for war shall be prohibited by law [and] any
advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be
prohibited
ICCPR21 The right of peaceful assembly shall be recognized
ICCPR22 Everyone shall have the right to freedom of association
with others, including the right to form and join trade unions for
the protection of his interests
ICCPR23 The right of men and women of marriageable age to marry and
to found a family shall be recognized
ICCPR24 Every child shall have, without any discrimination as to
race, colour, sex, language, religion, national or social origin,
property or birth, the right to such measures of protection as are
required by his status as a minor, on the part of his family,
society and the State.
ICCPR25 Every citizen shall have the right and the opportunity...
without unreasonable restrictions...to take part in the conduct of
public affairs, directly or through freely chosen representatives...
[and] vote and to be elected at genuine periodic elections which
shall be by universal and equal suffrage and shall be held by secret
ballot, guaranteeing the free expression of the will of the electors
[and]...have access, on general terms of equality, to public service
in his country.
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ICCPR26 All persons are equal before the law and are entitled
without any discrimination to the equal protection of the law...and
effective protection against discrimination on any ground such as
race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
ICCPR27 In those States in which ethnic, religious or linguistic
minorities exist, persons belonging to such minorities shall not be
denied the right, in community with the other members of their
group, to enjoy their own culture, to profess and practise their own
religion, or to use their own language
3.3. The International Covenant on Economic, Social and Cultural Rights
- Enumeration [CESCR]
CESCR01 All peoples have the right of self-determination
[including] ...political status and freely pursue their economic,
social and cultural development
CESCR06 the right to work, which includes the right of everyone to
the opportunity to gain his living by work which he freely chooses
or accepts
CESCR07 the right of everyone to the enjoyment of just and
favourable conditions of work
CESCR08 The right of everyone to form trade unions and join the
trade union of his choice
CESCR09 the right of everyone to social security
CESCR10 The widest possible protection and assistance should be
accorded to the family [including]...special measures of protection
and assistance...on behalf of all children and young persons without
any discrimination for reasons of parentage or other conditions...
[and] protected from economic and social exploitation
CESCR11 the right of everyone to an adequate standard of living for
himself and his family, including adequate food, clothing and
housing, and to the continuous improvement of living conditions
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CESCR12 right of everyone to the enjoyment of the highest
attainable standard of physical and mental health [including]
environmental and industrial hygiene...prevention, treatment and
control of epidemic, endemic, occupational and other diseases...the
creation of conditions which would assure to all medical service and
medical attention in the event of sickness.
CESCR13 the right of everyone to education
CESCR15 the right of everyone...to take part in cultural life...to
enjoy the benefits of scientific progress and its applications...the
protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the
author...the development and the diffusion of science and culture
CESCR25 the inherent right of all peoples to enjoy and utilize
fully and freely their natural wealth and resources
3.4. Additional human rights instrument - enumerations
See Appendix A.
4. Security Considerations
As this draft concerns a research document, there are no security
considerations.
5. IANA Considerations
This document has no actions for IANA.
6. Research Group Information
The discussion list for the IRTF Human Rights Protocol
Considerations proposed working group is located at the e-mail
address hrpc@ietf.org. Information on the group and information on
how to subscribe to the list is at
https://www.irtf.org/mailman/listinfo/hrpc
Archives of the list can be found at:
https://www.irtf.org/mailarchive/web/hrpc/current/index.html.
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7. References
7.1. Informative References
[UDHR] U.N., "The Universal Declaration of Human Rights," 1948.
<https://www.ohchr.org/EN/UDHR/Documents/UDHR_Translations
/eng.pdf>
[HRI-DOCS]
UCONN, Human Rights Institute, Human Rights Documents,
<https://humanrights.uconn.edu/human-rights-documents/>.
See also, Human Rights Organizations,
<https://humanrights.uconn.edu/human-
rightsorganizations/>.
[MACBRIDE]
UNESCO, International Commission for the Study of
Communication Problems, <http://www.undocuments.
net/macbride-report.pdf>
[POUZIN] L. Pouzin, "Presentation and major design aspects of the
CYCLADES computer network," in Proc. 3rd Data
Communications Symp., 1973.
<https://dl.acm.org/citation.cfm?id=811034>. See also,
<https://en.wikipedia.org/wiki/CYCLADES>
[MACBRIDE81]
A. Rutkowski, et al, Communication technologies of the
1980s, UNESCO, International commission for the study of
communication problems, Doc. 81.
<http://unesdoc.unesco.org/images/0004/000491/
049100eb.pdf>
[WATTC88] World Administrative Telegraph and Telephone Conference
(Melbourne, 1988).
<https://www.itu.int/en/history/Pages/TelegraphAndTelephon
eConferences.aspx?conf=4.33>. See also, A. Rutkowski, The
ITU treaty provisions for infrastructure protection, June
2005,
<https://www.itu.int/osg/spu/cybersecurity/contributions/R
utkowski_contribution.pdf>
[CRISP] Stanford University, Consortium for Research on
Information Security and Policy,
<https://cisac.fsi.stanford.edu/research/consortium_for_re
search_on_information_security_and_policy>
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[OHCHR] OHCHR, Racism and the Internet,
<https://www.ohchr.org/EN/Issues/Racism/IntergovWG/Pages/R
efDocSession4.aspx>; European Monitoring Centre on Racism
and Xenophobia,
<https://www.eurofound.europa.eu/observatories/eurwork/ind
ustrial-relations-dictionary/european-monitoring-centreon-
racism-and-xenophobia>; Final Declaration and Action
Plan, Second Summit of Heads of State and Government,
(Strasbourg, 10-11 October 1997)
[T-CY-AP] Council of Europe, "The Additional Protocol to the
Convention on Cybercrime, concerning the criminalisation
of acts of a racist and xenophobic nature committed
through computer systems."
<https://www.coe.int/en/web/conventions/full-list//
conventions/rms/090000168008160f>
[WISENTHAL]
The Simon Wiesenthal Center,
<https://www.infodocket.com/2018/03/07/the-
simonwiesenthal-center-releases-digital-terrorism-
and-hate2018-report/>
[COE-CYBERVIOLENCE]
COE, Mapping study on cyberviolence, 9 July 2018.
<https://rm.coe.int/t-cy-2017-10-cbg-studyprovisional/
16808c4914>. See also, Cyber hate at the
International Network for Hate Studies,
<http://www.internationalhatestudies.com/topic/hate-
crimeand-technology/>
[DTRA-MASS]
S.J. Lukasik, Mass-Effect Network Attacks, Defense
Threat Reducation Agency, Jan 2007. See also, See also,
<https://scholar.google.com/scholar?hl=en&as_sdt=0%2C47&q=
internet+%2B+xenophobia+%2B+racism&btnG=>
[] A. Rutkowski, Trump's Tweets Flouting the Cybercrime
Treaty Curbs on Racist and Xenophobic Incitement, CircleID
July 2018.
<http://www.circleid.com/posts/20180702_trumps_tweets_flou
ting_the_cybercrime_treaty_curbs_on_racist/>. See also,
USDC, Case 1:18-cr-00215-ABJ, Indictment, U.S. v. Netyksho
et al, filed 07/13/18,
<https://www.justice.gov/file/1080281/download>
[NFVRG] See Network Function Virtualization Research Group
(NFVRG), <https://trac.ietf.org/trac/irtf/wiki/nfvrg>.
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[MBOX-INNOVATE]
See, e.g., J. Sherry, Middlebox Processing as a
Cloud Service,
<https://pdfs.semanticscholar.org/ecb1/3b2c3bdd5d558828cc2
0fccfe75a1d02873a.pdf>; V. Sekar et al., The Middlebox
Manifesto: Enabling Innovation in Middlebox Deployment,
<https://people.eecs.berkeley.edu/~sylvia/papers/hotnets19
-sekar.pdf>
[ICCPR] U.N., "The International Covenant on Civil and Political
Rights," 1966.
<https://www.ohchr.org/Documents/ProfessionalInterest/ccpr
.pdf>
[CESCR] U.N., "The International Covenant on Economic, Social and
Cultural Rights," 1966.
<https://www.ohchr.org/Documents/ProfessionalInterest/cesc
r.pdf>
[COE-ETS189]
Council of Europe, ETS No. 189, Additional Protocol
to the Convention on Cybercrime, concerning the
criminalisation of acts of a racist and xenophobic nature
committed through computer systems, Strasbourg, 28.I.2003.
<https://www.coe.int/en/web/conventions/full-list//
conventions/rms/090000168008160f>
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Appendix A. Additional Human Rights Instruments
A.1. Additional Protocol to the Convention on Cybercrime, concerning
the criminalisation of acts of a racist and xenophobic nature
committed through computer systems - enumeration [COE-ETS189]
APCR03 Dissemination of racist and xenophobic material through
computer systems
APCR04 Racist and xenophobic motivated threat
APCR05 Racist and xenophobic motivated insult
APCR06 Denial, gross minimisation, approval or justification of
genocide or crimes against humanity
APCR07 Aiding and abetting
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Acknowledgments
Thanks to Sean MacBride who played a leading role in articulating
global human rights in international legal instruments, creating
implementing organizations, and leading the first major worldwide
body forty years ago to consider the potential for advancing human
rights in communication networks.
Authors' Addresses
Anthony-M. Rutkowski
Netmagic Associates LLC
Email: trutkowski@netmagic.com
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