Human Rights Commission Questions NSA Surveillance
Members of the Inter-American Commission on Human Rights ask about the limits of NSA spying
Mon, October 28, 2013
IDG News Service (Washington, D.C., Bureau) — The U.S. government needs to answer for human rights abuses related to the National Security Agency's massive worldwide surveillance of Internet communications and telephone records, privacy advocates told an international human rights board Monday.
The NSA is conducting surveillance on "hundreds of millions" of people worldwide, said Steven Watt, a senior staff attorney with the American Civil Liberties Union's Human Rights Program, speaking to the Inter-American Commission on Human Rights (IACHR), part of the Organization of American States (OAS).
"The government has sought to justify this mass surveillance on national security grounds, yet official reports indicate that the NSA has conducted surveillance of the communications of world leaders , of allied foreign powers, U.N. and E.U. offices, foreign corporations and endless numbers of innocent Americans and foreign nationals," Watt continued.
Press reports this year on the surveillance programs raise questions about unchecked authority and the effect on freedom of speech, added Frank La Rue, special rapporteur on the freedom of expression at the United Nations. Secret surveillance programs will "inevitably" lead to abuses, he said.
"What is not permissible, from a human rights point of view, is that those who hold political power or those who are in security agencies ... decide by themselves, for themselves, what is going be the scope of breaching the right to privacy," La Rue said.
Members of the IACHR asked pointed questions of a U.S. delegation, but Lawrence Gumbiner, deputy permanent representative of the U.S. to the OAS, said the U.S. did not have time to prepare a response for the board. A half-month partial government shutdown earlier in October prevented U.S. officials from gathering the needed materials after they were given notice of the hearing in late September, he said.
The U.S. will respond to the commission's questions in writing, Gumbiner said.
IACHR Commissioner Rodrigo Escobar Gil of Colombia chided Gumbiner for using the government shutdown as an excuse for not responding to the hearing, which was initiated by an ACLU request. The U.S. delegation missed an "important opportunity" to explain its surveillance programs and provide transparency, he said.
Escobar Gil also questioned the scope of the NSA surveillance. Nations have the right to conduct surveillance to project themselves, but they should not have "absolute power to do so," he said. "It must be subject to restrictions, rules, procedures."
Some estimates have the NSA conducting surveillance on 1 billion people, Escobar Gil said. "What are the limits?" he said. "The first question is whether there is actually such broad leeway to be able to surveil such a wide range of people, or are there limits? What are the restraints on that power?"