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DEMOCRACY
US warns of global attack on freedom, slams some allies
By Dave Clark
Washington (AFP) April 13, 2016


US could force firms to help break encryption, under new bill
Washington (AFP) April 13, 2016 - Two key US lawmakers Wednesday unveiled legislation to require technology firms to help law enforcement unlock encrypted devices -- prompting a fierce outcry from the industry and privacy activists.

The bill released by Senators Richard Burr and Dianne Feinstein of the Senate Intelligence Committee comes in the wake of a heated legal battle pitting the FBI against Apple as part of an investigation into last year's San Bernardino attacks.

"No entity or individual is above the law," said Feinstein, the top Democrat on the committee chaired by Republican Burr.

"Today, terrorists and criminals are increasingly using encryption to foil law enforcement efforts, even in the face of a court order. We need strong encryption to protect personal data, but we also need to know when terrorists are plotting to kill Americans."

The lawmakers in a joint statement said the proposal was a "discussion draft" and that they would "solicit input from the public and key stakeholders before formally introducing the bill."

"I am hopeful that this draft will start a meaningful and inclusive debate on the role of encryption and its place within the rule of law," Burr said. "Based on initial feedback, I am confident that the discussion has begun."

The use of strong encryption in applications and smartphones, with they keys only available to users, has raised concerns in law enforcement that criminals and others may operate in secrecy, with investigators unable to gain access to data even with a court order.

Legislation similar to the Senate proposal is also being considered in other countries, notably Britain and France, amid concerns that attackers have been using encryption to avoid detection.

But the Senate draft, which was leaked to media earlier this week, sparked intense criticism both from the technology industry and digital rights activities, claiming it would effectively create a "back door" for law enforcement which could be exploited by hackers and other governments.

Kevin Bankston of the New America Foundation's Open Technology Institute said the bill would require "every tech vendor in America to use either backdoored encryption or no encryption at all, even though practically every security expert in the country would tell you that means laying down our arms in the constant fight to secure or data against thieves, hackers, and spies."

Daniel Castro of the Information Technology & Innovation Foundation, a Washington think tank, said the bill "sets up a legal paradox that would further muddy the waters about how and when the government can compel the private sector to assist in gaining access to private information."

Gary Shapiro of the Consumer Technology Association, a trade group representing hundreds of technology firms, called the measure an "overreaction" to fears on encryption.

"There is no consensus in the intelligence community that a requirement to force manufacturers to open encryption is the correct policy," Shapiro said in a statement.

The US government last month withdrew its request to force Apple to help unlock an iPhone used by one of the San Bernardino shooters, saying the FBI had found another means to access the data. But several cases are pending against Apple and other firms.

Last week, Facebook-owned WhatsApp said it had implemented end-to-end encryption for its billion users, so that no other party can read the messages.

Governments around the world are cracking down on basic freedoms, the United States warned Wednesday, in a report that did not spare key US allies like Turkey and Egypt.

Secretary of State John Kerry, writing the preface to his department's annual human rights report, said attacks on democratic values point to a "global governance crisis."

The report complained that Washington's main global rivals Russia and China are cracking down on civil society and pro-democracy groups.

But it also pointed the finger at some US partners, with language that can be expected to rile several authoritarian leaders.

"The norms referred to in these reports are universal norms," Kerry said. "They are not some arbitrary standard of the United States which we seek to impose on people.

"These are universal standards of human rights that have been adopted and accepted and are agreed to by most nations in the world," he said, at the launch of the report.

Kerry argued that respecting human rights does not weaken a government and that repressing citizens opens the door to the growth of violent extremism.

"The government that fails to respect human rights, no matter how lofty its pretensions, has very little to boast about, to teach," he argued.

The report, compiled on a country-by-country basis by US diplomats, has no legal implications for US policy.

A critical writeup does not compel Washington to cut ties or military aid to rights abusers or to impose sanctions upon them.

But Kerry argued that the detailed report -- the 40th his agency has produced -- would strengthen US determination to promote what he called fundamental freedoms.

"Some look at these events and fear democracy is in retreat," he said, writing in the preface to the report.

"In fact, they are a reaction to the advance of democratic ideals, to rising demands of people from every culture and region for governments that answer to them."

As might be expected, the report is critical of US rivals like Russia and China -- where it says civil rights groups face increasing repression -- and of foes like Iran and North Korea, where citizens face extrajudicial killings and torture.

Tom Malinowski, assistant secretary of state for democracy, human rights and labor, said Moscow and Beijing's crackdowns on dissent sent a bad message to other powers.

- Journalism and terrorism -

Referring to Moscow's attempts to close or control civil society groups, Malinowski said "we see determined efforts to legislate and end to freedom of association."

He complained that Moscow treats Russians campaigning against torture or for free elections as if they are traitors and that Chinese law conflates peaceful activism and journalism with terrorism, through legislation.

"That is of particular concern because those practices are much more likely to be copied in other countries," he said.

But the report also paints a grim picture of the situation in some allied countries, including NATO member Turkey, where President Recep Tayyip Erdogan's government has cracked down on opposition media and arrested several leading journalists.

"The government has used anti-terror laws as well as a law against insulting the president to stifle legitimate political discourse and investigative journalism," the report says.

It accuses Turkey of "prosecuting journalists and ordinary citizens and driving opposition media outlets out of business or bringing them under state control."

And, while denouncing the violence of the "PKK terrorist group," the report accuses Turkish security forces of excesses of its own, citing "credible allegations that the government or its agents committed arbitrary or unlawful killings."

The report will anger Erdogan, who visited Washington last month and denied that there had been any crackdown on free expression in his country, even as his security detail tried to expel opposition journalists from the think tank hosting his speech.

Egypt, which receives $1.5 billion in US military aid despite President Abdel Fattah al-Sisi authoritarian style of rule, also faced stern criticism.

"There were instances of persons tortured to death and other allegations of killings in prisons and detention centers," the report says, citing reports from rights groups and the United Nations that hundreds of Egyptians have gone missing since the 2011 revolution.


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