Surveillance technology: Different levels of accountability | IGF 2023 Networking Session #186

Knowledge Graph of Debate

Session report

Audience

The panel discussion explored various important topics concerning the connection between gender and human rights defenders. Stephanie Mickelson, representing the UNFPA, highlighted the importance of considering gender when analysing reports on human rights defence. Mickelson posed a question about whether the gendered element of human rights defenders is adequately examined in these reports and how progress in this area is monitored.

Another significant point raised during the discussion was the issue of digital attacks on women and human rights defenders. These attacks were identified as a form of gender-based violence, with limited research conducted on their psychological impact. Specific examples, such as Abdessam Saag in Bahrain and Hala Ahed in Jordan, who have experienced digital attacks, were given. It was also noted that these attacks have a negative impact on family life.

The fear of surveillance and the potential release of personal data were identified as factors that compel women to adapt their activism. This adaptation was seen as another form of oppression that women face. The panel highlighted that women, particularly those involved in activism, are significantly affected by the constant threat of surveillance. It was argued that this fear not only hinders their activities but also violates their rights.

Surveillance was also examined in terms of its secondary effects on journalism. The panel discussed how the publication of articles revealing surveillance technologies like Pegasus has led journalists, even in the Western world, to feel intimidated and fearful of contacting human rights activists and other journalists. Some journalists expressed hesitation in covering certain activities or organizations due to prevailing surveillance practices.

In conclusion, the panel stressed the importance of considering gender in reports on human rights defence and addressing the gendered aspect of human rights defenders. It shed light on the impact of digital attacks on women and the lack of research on the psychological consequences. Additionally, it highlighted the fears and constraints imposed on women’s activism in the face of surveillance and the resulting intimidation of journalists. This comprehensive discussion provided valuable insights into the complexities surrounding gender, human rights defenders, and the harmful effects of surveillance in modern society.

Marwa Fatafta

Access Now and the Gulf Center for Human Rights have collaborated to establish the MENA Coalition at Rights Con 2021. This coalition aims to address the widespread use of spyware and digital surveillance in the MENA region, particularly targeting human rights defenders, journalists, lawyers, and civil society. The negative sentiment surrounding this issue stems from the fact that surveillance technology from democratic countries often ends up in the hands of authoritarian regimes.

One of the main challenges in holding the surveillance industry accountable lies in its lack of transparency and accountability. Companies involved in these activities often operate under hidden identities and conceal information about their investors. Additionally, the transfer and sale of surveillance technologies are shrouded in secrecy, making it difficult to attribute responsibility on an individual level. This lack of accountability is further exacerbated by the absence of robust rule of law and law enforcement in the home countries of the victims.

Targeted surveillance of women represents a significant concern and a gendered dimension in this issue. Women are disproportionately affected by privacy violations resulting from surveillance. Adversarial governments exploit personal information to discredit and tarnish the reputation of women. Women also become targets of doxing campaigns, where personal information is shared without consent, leading to various forms of harm. Moreover, women may face increased risks during protests, as authorities can confiscate their devices, potentially exposing them to danger if personal information falls into the wrong hands. Recognizing this, international norms should acknowledge the intersection between gender-based violence and targeted surveillance.

To effectively address these challenges, there is an urgent need for democratic countries to regulate their surveillance industries and enforce human rights due diligence. Such regulation would help prevent the export of surveillance technologies to authoritarian regimes and ensure that human rights principles are upheld. It is also crucial for these countries to prioritize the protection of individuals and communities impacted by targeted surveillance.

The ultimate purpose of surveillance, particularly in the MENA region, appears to be the suppression of dissent and independent media reporting. Surveillance serves as a tool for authoritarian regimes to silence activists, journalists, and other individuals critical of the status quo, allowing them to maintain control over information and prevent the exposure of human rights abuses.

On a positive note, the awareness of surveillance issues has prompted more people, including journalists, to prioritize their digital security. Individuals are seeking assistance from digital security helplines to have their devices checked and scanned, recognizing the importance of safeguarding their data and communications.

Exposing and holding spyware companies accountable is seen as a crucial step in safeguarding journalists and uncovering the truth. Digital security has become paramount for journalists working with limited resources, and efforts should be made to ensure their protection.

The MENA Coalition aims to map surveillance technologies and spyware in the region, prioritizing advocacy campaigns. By shedding light on the surveillance industry and promoting accountability, the coalition aims to protect the rights and privacy of individuals and communities across the MENA region.

In conclusion, the establishment of the MENA Coalition is a critical step in combating spyware and digital surveillance in the MENA region. By addressing the targeted surveillance of human rights defenders, journalists, and civil society, regulating the surveillance industry, and prioritizing the protection of women, the coalition seeks to promote peace, justice, and strong institutions in line with the relevant UN Sustainable Development Goals.

Samuel Jones

Investors have the potential to significantly contribute to advancing corporate accountability by encouraging rights-respecting behavior from companies. This can be achieved through direct engagement with companies to improve their policies, practices, and governance. By doing so, investors can send a strong public signal that certain sectors, such as surveillance technologies, should be considered toxic asset classes.

One area of concern is spyware, which presents high risks to companies and their shareholders. Potential regulatory enforcement, litigation, operational disruptions, and brand damage pose material financial risks. For instance, the Israeli spyware maker NSO Group faced strategic litigation and regulatory blacklisting, resulting in massive financial and reputational costs. Other companies, including Google, Nokia, Thales Group, and Sun Corporation, have also made contentious business decisions regarding surveillance technologies.

To address these risks, it is recommended to designate spyware as a toxic asset class among public and private equity investors. This would involve developing investment exclusionary criteria and releasing a white paper highlighting the severe human rights and financially material risks associated with the technology. Collaboration with investors and companies would be crucial in tackling the threats posed by spyware.

Integrating grassroots civil society experts on targeted surveillance into investor-led company engagements would strengthen efforts to address the risks associated with spyware. Collaborating with partners to map out the spyware ecosystem is also essential. In addition, organizing a global gathering that integrates experts on targeted surveillance into investor-led company engagements would further enhance accountability in this area.

Engaging tech industry leaders in private collaborative discussions is another important step in addressing surveillance-related risks. This collaboration, in partnership with a coalition of North American and European investors, would focus on various ways to address surveillance-related risk. This includes better market entry analysis, improved harm-value chain monitoring, and implementing contractual and operational human rights guardrails.

It is crucial to shift the focus from high-level policy discussions to the operational impacts of technologies on people on the ground. Understanding the direct consequences of tech companies’ technologies is key to ensuring accountability. By doing so, investors can mitigate potential harm and promote responsible practices.

Investors should exercise caution when considering spyware investments, especially in light of the controversies surrounding NSO Group. Education is necessary to help investors recognize how spyware may manifest in different forms within their portfolios. Spyware, often marketed under the rubric of law enforcement or counterterrorism, requires a deeper understanding of its true nature and implications.

To gain a comprehensive understanding of the impact of their investments, investors need to rely on information from human rights defender organizations. These organizations provide critical insights that help investors assess the human rights implications of their investments and make informed decisions.

There is optimism about ending the unaccountable cooperation between companies and democracies in the near future. A collective effort, including the involvement of investors, is expected to lead to increased corporate responsibility and accountability.

Overall, investors have a significant role to play in advancing corporate accountability in relation to surveillance technologies. Through engagement with companies, designation of spyware as a toxic asset class, collaboration with experts and industry leaders, and a focus on operational impacts and human rights, investors can contribute to a more responsible and accountable corporate culture.

Asya Abdelkarim

The ANSIM Network in Iraq plays a crucial role in supporting and empowering internet activists who advocate for human rights and digital security. They provide comprehensive training on digital security and privacy, equipping activists with the necessary skills and knowledge to navigate the online landscape safely. Additionally, they document and report on cases of surveillance and digital attacks, shedding light on the extent of these threats and ensuring they are not overlooked.

One of the main challenges faced by activists in Iraq is the risk of threats and attacks from pro-government groups, including militias. These groups exploit online platforms to intimidate, harass, and even arrest activists, leading to severe consequences. Despite the importance of digital security and privacy, activists still face significant risks and challenges.

The ANSIM Network recognizes the urgent need to protect internet activists against surveillance and digital attacks. They actively advocate for policies and laws that safeguard digital rights, ensuring legal frameworks that support and preserve the rights of activists. Moreover, they provide crucial support to activists who come under attack, serving as a reliable source of assistance and guidance.

However, it is important to note that accountability for digital rights in Iraq is still in its early stages. The ANSIM Network engages in discussions with members of parliament concerning cyber crimes, data protection, and access to information. Nevertheless, the government has been slow to pass and implement laws that effectively protect digital rights, posing a hurdle for activists seeking justice and accountability.

Asya Abdelkarim, a human rights defender, is actively involved in efforts to safeguard human rights in Iraq. She maintains direct communication with the Iraqi political leadership, regularly sending reports of violations to the Media and Communication Commission and the Ministry of Communication. Asya also organizes meetings to highlight the importance of recognizing and preserving digital human rights.

Recognizing the power of international pressure, Asya Abdelkarim utilizes international press releases to put pressure on the Iraqi authorities. This approach can be effective, particularly given the influence of external political interference in Iraq. By bringing attention to human rights violations through international channels, Asya seeks to hold the authorities accountable and push for change.

In Iraq, women face significant challenges and digital violence. Asya conducted research that revealed a majority of Iraqi women have experienced digital violence, yet many are afraid to report these incidents due to fear of backlash. Tragically, there have been cases where women who reported threats have faced dire consequences, such as the case of Youtuber Thiba Ali who was found dead after reporting threats from her father. Even sharing an image of a woman without her hijab is considered a violation and can attract threats.

To address this pressing issue, Asya and her team have launched a hotline helpdesk that aims to assist women facing digital blackmail and related issues. This platform provides a safe and secure channel for women to report incidents and seek support, emphasizing the need to create a supportive environment that encourages reporting and addresses the prevalence of digital violence.

Asya Abdelkarim stresses the importance of collaboration in addressing the threats faced by human rights defenders, activists, and journalists. She expresses concern over the shared challenges of threats and surveillance and calls for collective action to confront these issues. By working together, they can develop effective strategies and mechanisms to protect human rights and foster a more secure environment for activists and journalists.

In conclusion, the ANSIM Network’s efforts in supporting and empowering internet activists in Iraq are commendable. Through training, advocacy, and documentation, they equip activists with the necessary tools to navigate the challenges of the digital landscape. However, there is still a need for increased accountability for digital rights in Iraq. Asya Abdelkarim’s work in engaging with political leadership and utilizing international channels showcases the importance of collective action in addressing threats and advocating for change.

Moderator-Khalid Ibrahim

Concerns have been raised regarding the misuse of surveillance technology in the Middle East and North Africa (MENA) region, particularly in relation to oppressive spyware tools. Authoritarian governments in the region have obtained and used these tools without transparency or accountability, leading to serious human rights violations. Examples of this misuse include the murder of Saudi journalist Jamal Khashoggi and the case of Ahmed Mansour. The Israeli software company NSO has come under scrutiny for its role in these violations, with the Gulf Center for Human Rights filing a complaint against them.

To combat the sale of surveillance tools to repressive governments, the MENA Coalition to Combat Surveillance (MCCS) was established. This coalition advocates for accountability and action against the misuse of digital surveillance tools. The Gulf Center for Human Rights has taken legal action by filing a complaint in France against NSO.

Marwa Fatafta emphasizes the need for a united front among civil society organizations in the MENA region to combat the proliferation of digital surveillance strategies. Activists and human rights defenders face challenges, as the surveillance industry operates across borders, allowing their home countries to target them abroad. Access Now and other partners have formed a forensic analysis team to investigate whether the devices of these individuals have been infected or targeted.

However, the victims of surveillance face obstacles in seeking justice. The lack of rule of law and enforcement in their home countries prevents them from pursuing legal action against responsible parties. Efforts are underway to find alternative ways to enable victims to seek remedy, including the initiation of lawsuits against surveillance companies like Dark Matter.

The targeting of women through digital attacks is a significant concern. Research in Iraq has revealed cases of digital violence against over 100 Iraqi women, including blackmail, hate speech, and even instances where victims have been killed after reporting threats. Recognizing these attacks as gender-based violence is essential to provide appropriate support and protection to the affected women.

The psychological impact on women who have been victims of spyware attacks also requires further investigation. Cases in Bahrain and Jordan have shown negative impacts on family life. More research is needed to fully understand the psychological consequences and develop suitable interventions.

Respecting the right to privacy is crucial, as it is a fundamental human right. Any infringements should be addressed, and action should be taken against companies and governments involved in such activities. Journalists play an essential role in exposing the illegal activities of companies supporting oppressive governments and should continue to shed light on these issues.

Despite the challenges posed by surveillance, tools are available to ensure privacy when communicating sensitive information. It is vital to explore and utilize these tools to safeguard individuals’ privacy rights in the digital age.

In conclusion, addressing the misuse of surveillance technology in the MENA region requires cooperation between governments, civil society organizations, and individuals. Holding accountable those responsible for human rights violations and establishing robust mechanisms to protect the right to privacy is of utmost importance.

Speakers