A resolution for Seattle: encryption and anonymity as moral imperatives

Published: 2015-Sep-19
Updated: 2015-Sep-19, revision 17


CITY OF SEATTLE
RESOLUTION _________________

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A RESOLUTION affirming the human right to encryption and anonymity as consistent with the findings of the United Nations report on encryption, anonymity, and the human rights framework, advancing previously adopted human rights resolutions.

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WHEREAS, in December 2012, the Seattle City Council adopted Resolution 31420 proclaiming Seattle to be a Human Rights City, endorsing the human rights set forth in the Universal Declaration of Human Rights, recognizing the importance of using the international human rights framework for cities to work on their commitment to protecting, respecting, and fulfilling the full range of universal human rights; and

WHEREAS, in July 2015, the Seattle City Council adopted Resolution 31598 affirming privacy as a human right and aligning the work of the City’s privacy initiative with the right to privacy as described in the Universal Declaration of Human Rights; and

WHEREAS, in May 2015, the United Nations report on encryption, anonymity, and the human rights framework was published and finds that encryption and anonymity, and the security concepts behind them, provide the privacy and security necessary for the exercise of the right to freedom of opinion and expression in the digital age; and

WHEREAS, with respect to encryption and anonymity, the City of Seattle should adopt policies of non-restriction or comprehensive protection: (1) only adopt restrictions on a case-specific basis and that meet the requirements of legality, necessity, proportionality and legitimacy in objective, (2) require court orders for any specific limitation, and (3) promote security and privacy online through public education; and

WHEREAS, potential criminality and emergency situations do not relieve the City of its obligation to ensure respect for international human rights law; and

WHEREAS, legislative proposals for the revision or adoption of restrictions on individual security or privacy online should be subject to public debate and adopted according to regular, public, informed and transparent legislative process; and

WHEREAS, the City must promote effective participation of a wide variety of civil society actors and minority groups in such debate and processes and avoid adopting such legislation under accelerated legislative procedures; and

WHEREAS, all Seattle organizations should not block or limit the transmission of encrypted communications and should permit anonymous communication; and

WHEREAS, all Seattle organizations should support secure technologies for websites and software applications, develop widespread end-to-end encryption, and employ anonymity-preserving software to support privacy-sensitive populations; and

WHEREAS, the City’s laws must recognize that individuals are free to protect the privacy of their communications by using encryption technology and tools that allow anonymity online; and

WHEREAS, the City’s legislation and regulations protecting human rights defenders and journalists must include provisions enabling access and providing support to use the technologies to secure their communications; and

WHEREAS, the City must avoid all measures that weaken the security that individuals may enjoy online, such as backdoors, weak encryption standards and key escrows; and

WHEREAS, the City must refrain from making the identification of users a condition for access to digital communications and online services and requiring SIM card registration for mobile users; and

WHEREAS, all Seattle organizations should consider their own policies that restrict encryption and anonymity (including through the use of pseudonyms); and

WHEREAS, all Seattle organizations should follow internationally and regionally accepted principles for conducting business in accordance with human rights law; and

WHEREAS, court-ordered decryption, subject to domestic and international law, may only be permissible when it results from transparent and publicly accessible laws applied solely on a targeted, case-by-case basis to individuals (i.e., not to a mass of people) and subject to judicial warrant and the protection of due process rights of individuals; and

WHEREAS, all Seattle organizations will not conduct any manner of intentional or unintentional mass tracking, monitoring, or surveillance of person-linkable information or metadata without strict anonymization processes during collection, transfer, and storage processes; and

WHEREAS, if strict anonymization processes during person-linkable information or metadata collection, transfer, and storage cannot be performed, then those tracking, monitoring, or surveillance technologies will not be used; and

WHEREAS, given the relevance of new communication technologies in the promotion of human rights and development, all those involved should systematically promote access to encryption and anonymity without discrimination; and

WHEREAS, given the threats to freedom of expression online, corporate actors should review the adequacy of their practices with regard to human right norms; and

WHEREAS, Seattle companies should adhere to principles such as those laid out in the Guiding Principles on Business and Human Rights (PDF), the Global Network Initiative’s Principles on Freedom of Expression and Privacy (PDF), the European Commission’s ICT Sector Guide on Implementing the UN Guiding Principles on Business and Human Rights, and the Telecommunications Industry Dialogue Guiding Principles; NOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE, THE MAYOR CONCURRING, THAT:

Section 1. In accordance with the findings of the UN Report on encryption, anonymity, and the human rights framework, the City Council affirms the human right to encryption and anonymity are foundational to human dignity, intellectual freedom, and democratic governance in the digital age.

Section 2. The City Council implores that all City of Seattle past, present, and future technology projects maximize person anonymity during the collection, transference, and storage of person-linkable data and information.

Section 3.