Why Mass Surveillance Violates International Law

By Joel Simon – Around the world repressive governments are trying to stop Internet users from either posting anonymously or using encryption to communicate securely.

David Kaye, the U.N.’s special rapporteur for the freedom of expression, has determined that such actions violate international law.

The legal reasoning that Kaye uses to conclude encryption and anonymity are necessary to the exercise of freedom of expression leads pretty much in a straight line to the conclusion that mass surveillance violates international law.

“The right to hold opinions without interference also includes the right to form opinions,” Kaye notes. “Surveillance systems, both targeted and mass, may undermine the right to form an opinion.” more> http://tinyurl.com/ozfw9o4

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