Activities of Marietje SCHAAKE related to 2014/2232(INI)
Plenary speeches (1)
Human rights and technology in third countries (short presentation)
Reports (1)
REPORT on ‘Human rights and technology: the impact of intrusion and surveillance systems on human rights in third countries’ PDF (162 KB) DOC (113 KB)
Amendments (40)
Amendment 2 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the report of the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism of 23 September 2014 (A/69/375)1a, __________________ 1ahttp://daccess-dds- ny.un.org/doc/UNDOC/GEN/N14/545/19/ PDF/N1454519.pdf?OpenElement
Amendment 3 #
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
- having regard to the report of the UN Special Rapporteur on the right to freedom of expression and opinion of 17 April 2013 (A/HRC/23/40) on the implications of states' surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression,
Amendment 18 #
Motion for a resolution
Recital D
Recital D
D. whereas the context in which ICTs are designed and used determines, to a great extent, the impact they can have as a force to advance or to violate human rights, information technology, especially software is rarely single-use and usually dual-use as far as their potential to violate human rights is concerned, while software also is a form of speech;
Amendment 20 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the assessment of the context is determined by the strength of national and regional legal frameworks to regulate the use of technologies and the ability of political and judicial institutions to oversee such use;
Amendment 21 #
Motion for a resolution
Recital E
Recital E
E. whereas in the digital domain, private actors play an increasingly significant role in all spheres of social activities, but safeguards are still not in place to prevent them from imposing excessive restrictions on fundamental rights and freedoms; as a result, private actors play a more active role in assessing the legality of content and in developing cyber security systems and surveillance systems, which can have a detrimental impact on human rights all over the world;
Amendment 23 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas encryption is an important method that helps to secure communications and the people using them;
Amendment 24 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas internet governance has benefitted from a multistakeholder decision making model; a process ensuring meaningful, inclusive and accountable participation of all stakeholders, governments, civil society, technical and academic communities, private sector, and users;
Amendment 25 #
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas intelligence agencies have systematically undermined cryptographic protocols and products in order to be able to intercept; whereas the US National Security Agency has collected vast numbers of so called 'zero-day exploits' – IT security vulnerabilities that are not yet known to the public or the product vendor; whereas such activities undermine global efforts to improve IT security;
Amendment 26 #
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas EU-based intelligence services have engaged in activities that harm human rights;
Amendment 27 #
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas in light of rapid technological developments, judicial and democratic oversight and safeguards are largely underdeveloped;
Amendment 47 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the role of ICTimpact of technologies on the improvement of human rights should be mainstreamed in all EU policies and programmes to advance human rights protection;
Amendment 50 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the active development and dissemination of technologies that help protect human rights and facilitate people´s digital freedoms and securityrights and freedoms as well as their security, along with promoting best practices and appropriate legislative frameworks;
Amendment 53 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the EU to increase its support for actors, those who work on strengthening security and privacy protection standards in ICTs on all levels, including hardware, software and communication standards as well as the development of the hardware and software in privacy-by-design frameworks;
Amendment 54 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls for a human rights and technology fund to be established under the European Instrument for Democracy and Human Rights;
Amendment 55 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Urges the EU itself, and in particular the EEAS, to use encryption in its communications with human rights defenders, to avoid putting defenders at risk and to protect its own communications with outsiders from surveillance;
Amendment 56 #
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls on the EU to adopt free and open source software as well as to encourage other actors to do so, as such software provides for better security and for greater respect for human rights;
Amendment 75 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for the inclusion of conditionality clauses in all agreements with third countries which explicitly refer to the need to guarantee and respect digital freedoms, net neutrality and unrestricted access to the internet;
Amendment 78 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the EU to counter the criminalisation of human rights defenders' use of encryption, censorship- bypassing and privacy tools, by refusing to limit the use of encryption within the EU and challenge third country governments which use such charges against defenders;
Amendment 82 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that an effective EU development and human rights policy will require the mainstreaming of ICTs and the bridging of the digital divide, by providing basic technological infrastructure and by facilitating access to knowledge and information to promote digital literacy and the use of open standards in documents as well as the use of free and open source software (especially by public institutions) all over the world;
Amendment 106 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Urges Member States to promote full democratic scrutiny over the operations of intelligence services in third countries, and that these services operate in full respect of the rule of law, and to hold to account those who are responsible for operating in unlawful ways;
Amendment 110 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that corporate social responsibility principles and human rights by design criteria, which are technological solutions and innovations protecting human rights, should be adopted in EU law to ensure that internet service providers, software developers, hardware producers, social networking services/media, mobile phone carriers and others consider the human rights of end- users globally;
Amendment 112 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges the EU to ensure greater transparency in the relationship between mobile phone carriers or ISPs and governments, and to call for it in its relations with third countries, by demanding that carriers and ISPs publish yearly detailed transparency reports, including reports on requested actions by authorities, as well as financial ties between public authorities and carriers/ISPs;
Amendment 118 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Commission, in this respect, to swiftly to put forward a proposal for smart and effective policies to regulate the export of services regarding the implementation and use of so-called dual- use technologies, addressing potentially harmful exports of ICT products and services to third countries, as agreed in the Joint Statement of the European Parliament, Council and Commission of April 2014;
Amendment 121 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that the Commission should swiftly be able to swiftly and accurately provide companies that are in doubt as to whether to apply for an export licence with up-to- date information on the legality or potentially harmful effects of potential transactions;
Amendment 123 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to submit proposals to review how EU standards on ICTs could be used to prevent the potentially harmful impacts of the export of such technologies or other services to third countries where concepts such as ‘lawful interception’ have different implicatcannot be considered equivalent to those of the European Unions, or for example where the rule of law does not exist;
Amendment 126 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Reaffirms that EU standards, particularly the EU Charter of Fundamental Rights, should prevail when assessing incidents when dual-use technologies are used in a way that may restrict human rights;
Amendment 127 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the development of policies to regulate the sales of zero-day exploits to avoid their being used for cyber-attacks or for unauthorised access to devices leading to human rights violations without such regulations having a meaningful impact on academic and otherwise bona fide security research;
Amendment 133 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Deplores the active involvement of certain European companies, and of international companies which trade dual- use technologies with potential detrimental effects on human rights while operating in the EU, in countries violating human rights;
Amendment 142 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and Council to actively to defend the open internet, multi- stakeholder decision-making procedures, net neutrality and digital freedoms in internet governance fora;
Amendment 146 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Condemns the weakening and undermining of encryption protocols and products, particularly by intelligence services who wish to intercept communications that are encrypted;
Amendment 147 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Warns against the privatization of law enforcement through internet companies and internet service providers;
Amendment 148 #
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Calls for a clarification of norms and standards that private actors use to develop their systems;
Amendment 149 #
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20d. Recalls the importance of assessing the context within which technologies are used, in order to fully appreciate their human rights impact;
Amendment 150 #
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20e. Explicitly calls for promoting tools enabling the anonymous and/or pseudonymous use of the internet and to challenge the one-sided view that such tools are allowing criminal activities, rather than empowering human rights activists beyond and within the EU;
Amendment 151 #
Motion for a resolution
Paragraph 20 f (new)
Paragraph 20 f (new)
20f. Urges the Council, the Commission and the External Action Service to develop smart and effective policies to regulate the export of dual-use technologies, addressing potentially harmful exports of ICT products and services, at international level within multilateral export control regimes and other international bodies;
Amendment 152 #
Motion for a resolution
Paragraph 20 g (new)
Paragraph 20 g (new)
20g. Stresses that any regulatory changes aimed at increasing the effectiveness of export controls vis-à-vis Intangible Technology Transfers must not inhibit legitimate research and access to and exchange of information, and that any potential measures such as the use of EU General Export Authorisations for dual- use research should not have a 'chilling effect' upon individuals and SMEs;
Amendment 153 #
Motion for a resolution
Paragraph 20 h (new)
Paragraph 20 h (new)
20h. Calls on Member States to ensure that existing and future export control policies do not restrict the activities of legitimate security researchers, and that export controls are applied in good faith to only clearly defined technologies intended to be used for mass surveillance, censorship, jamming, interception, monitoring, and the tracing and tracking of citizens and their activities on (mobile) telephone networks;
Amendment 154 #
Motion for a resolution
Paragraph 20 i (new)
Paragraph 20 i (new)
20i. Recalls that mesh-based ad hoc wireless technologies offer a high potential to provide for backup networks in areas where the internet is unavailable or blocked, and can help the advancement of human rights;
Amendment 155 #
Motion for a resolution
Paragraph 20 j (new)
Paragraph 20 j (new)
20j. Calls on the Commission to appoint an independent group of experts who can perform a human rights impact assessment on existing EU standards for ICTs, with the goal of making recommendations for adjustments that will increase the protection of human rights, particularly when systems are exported;
Amendment 159 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines the need to avoid unintended consequences such as restrictions or chilling effects on research, on the exchange of and access to information or on the export of technologies that are in the interest of advancing human rights;