idnits 2.17.1 draft-rutkowski-hrpc-hraas-00.txt: Checking boilerplate required by RFC 5378 and the IETF Trust (see https://trustee.ietf.org/license-info): ---------------------------------------------------------------------------- No issues found here. Checking nits according to https://www.ietf.org/id-info/1id-guidelines.txt: ---------------------------------------------------------------------------- No issues found here. Checking nits according to https://www.ietf.org/id-info/checklist : ---------------------------------------------------------------------------- No issues found here. Miscellaneous warnings: ---------------------------------------------------------------------------- == The copyright year in the IETF Trust and authors Copyright Line does not match the current year -- The document date (July 18, 2018) is 2108 days in the past. Is this intentional? Checking references for intended status: Informational ---------------------------------------------------------------------------- No issues found here. Summary: 0 errors (**), 0 flaws (~~), 1 warning (==), 1 comment (--). Run idnits with the --verbose option for more detailed information about the items above. -------------------------------------------------------------------------------- 2 Human Rights Protocol Considerations Research Group A-M. Rutkowski 3 INTERNET-DRAFT Netmagic Associates LLC 4 Intended status: Informational 5 Expires: January 19, 2019 July 18, 2018 7 Human Rights as a Service (HRaaS) 8 draft-rutkowski-hrpc-hraas-00 10 Abstract 12 The establishment of Human Rights as a Service (HRaaS) has 13 significant potential benefits. Although the generic expressions of 14 human rights in legal instruments largely precludes definitive HRaaS 15 specification, the establishment of a measurable objective is 16 compelling in the global marketplace for internet capabilities made 17 available to the public, including new virtualised NFV-SDN based 18 implementations and protocols. This HRaaS draft provides a 19 structured enumeration of human rights found in the principal global 20 legal instruments against which standards bodies can evaluate their 21 specifications, vendors can differentiate their offerings, and users 22 can compare those offerings and make informed decisions. 24 Status of this Memo 26 This Internet-Draft is submitted in full conformance with the 27 provisions of BCP 78 and BCP 79. 29 Internet-Drafts are working documents of the Internet Engineering 30 Task Force (IETF). Note that other groups may also distribute 31 working documents as Internet-Drafts. The list of current Internet- 32 Drafts is at https://datatracker.ietf.org/drafts/current/. 34 Internet-Drafts are draft documents valid for a maximum of six months 35 and may be updated, replaced, or obsoleted by other documents at any 36 time. It is inappropriate to use Internet-Drafts as reference 37 material or to cite them other than as "work in progress." 39 This Internet-Draft will expire on January 19, 2019. 41 Copyright Notice 43 Copyright (c) 2018 IETF Trust and the persons identified as the 44 document authors. All rights reserved. 46 This document is subject to BCP 78 and the IETF Trust's Legal 47 Provisions Relating to IETF Documents 48 (https://trustee.ietf.org/license-info) in effect on the date of 49 publication of this document. Please review these documents 50 carefully, as they describe your rights and restrictions with respect 51 to this document. Code Components extracted from this document must 52 include Simplified BSD License text as described in Section 4.e of 53 the Trust Legal Provisions and are provided without warranty as 54 described in the Simplified BSD License. 56 Table of Contents 58 1. Introduction...................................................2 59 2. Human Rights as a Service in existing and evolving internets...4 60 3. Structured enumerations of human rights........................4 61 3.1. The Universal Declaration of Human Rights - Enumeration 62 [UDHR].....................................................4 63 3.2. The International Covenant on Civil and Political Rights 64 Enumeration [ICCPR]........................................8 65 3.3. The International Covenant on Economic, Social and Cultural 66 Rights - Enumeration [CESCR]..............................10 67 3.4. Additional human rights instrument - enumerations... .....11 68 4. Security Considerations.......................................11 69 5. IANA Considerations...........................................11 70 6. Research Group Information....................................11 71 7. References....................................................12 72 7.1. Informative References....................................12 73 Appendix A. Additional Human Rights Instruments..................15 74 A.1. Additional Protocol to the Convention on Cybercrime, 75 concerning the criminalisation of acts of a racist and 76 xenophobic nature committed through computer systems - 77 enumeration [COEETS189]...................................15 78 Acknowledgments..................................................16 79 Authors' Addresses...............................................16 81 1. Introduction 83 Seventy years ago, the first of multiple legal instruments -The 84 Universal Declaration of Human Rights -was adopted setting forth 85 global human rights. [UDHR][HRI-DOCS] It contained 30 different 86 rights and freedoms. Forty years ago, the author of some of those 87 rights headed the first major international commission created to 88 consider how new communication technologies were advancing or 89 impeding those rights. [MACBRIDE] At the time, multiple data 90 networking technologies were proliferating, Louis Pouzin had 91 developed the internet concept seven years earlier and being 92 implemented in multiple initiatives. [POUZIN] Senior technical 93 representatives to the Commission were projecting the developments 94 of internets over the next decade with a view to furthering human 95 rights. [MACBRIDE81] 97 Thirty years ago in 1988, the world's Nation=State representatives 98 convened at Melbourne to sign a treaty enabling the implementation 99 of internet public access capabilities globally subject to certain 100 constraints following the first major internet cyberattack a few 101 weeks before. [WATTC88] Twenty years ago in 1998, the U.S. 102 government initiated - CRISP -the first significant work on adverse 103 internet security and human rights challenges. [CRISP] At about the 104 same time, a trio of international actions occurred at the U.N. 105 Geneva Office of the High Commission on Human Rights which convened 106 series of conferences on emerging adverse internet human rights 107 problems, the EU Council of Ministers established the European 108 Monitoring Centre on Racism and Xenophobia, and the Heads of State 109 and Government of the Council of Europe at their Second Summit met 110 to seek common responses to the developments of new information 111 technologies. [OHCHR] 113 About fifteen years ago in 2003, thirty nations adopted "The 114 Additional Protocol to the Convention on Cybercrime, concerning the 115 criminalisation of acts of a racist and xenophobic nature committed 116 through computer systems" through the Council of Europe. [T-CY-AP] 118 In past several years, as internet human rights abuses have scaled 119 dramatically, a number of additional aggregate human rights have 120 evolved to deal with continuing, large-scale human rights abuses 121 such as cyberviolence, internet hate crime, and exploitation of 122 children. [WISENTHAL] [COE-CYBERVIOLENCE] 124 There is also an increasing recognition that while large enterprises 125 and knowledgeable may possess the resources to prevent or mitigate 126 most human rights abuses, large classes of people subject to those 127 abuses at the network edges do not possess those resources - 128 especially when manifested by nation-state actors. [DTRA-MASS] 129 Exacerbating the challenges is the use of the internet to pursue 130 pursuit of racism, xenophobia, and election manipulation agendas 131 today by national leaders as part of their political agendas. 132 [TTWEETS] 134 Notwithstanding the somewhat dire contemporary developments, 135 evolving new virtualised internets are emerging that could lead to 136 human rights improvements in the protocols, architectures, and 137 offerings to the public. NFV-SDN based virtualised internets are 138 rapidly emerging = especially for 5G environments. They make use of 139 a broad array of protocols instantiated as service functions on 140 demand. [NFVRG] In conjunction with this virtualisation, internets 141 are witnessing a major paradigm shift of intelligence from the 142 network edges to network cores and gateways. [MBOX-INNOVATE] A 143 concept of Human Rights as a Service that provides structured 144 enumerations of human rights in global legal instruments can enable 145 standards bodies evaluating their specifications, vendors 146 differentiating their offerings, and users can compare those 147 offerings and making informed decisions. 149 2. Human Rights as a Service in existing and evolving internets 151 Although the generic expressions of human rights in legal 152 instruments largely precludes definitive HRaaS specification. In 153 addition to the typically unstructured language and often vague 154 terminology found in these instruments, they fall into the conundrum 155 of "the fog of more." There are dozens of intergovernmental bodies 156 involved, and even more in individual countries at varying 157 governmental levels. All of these bodies have promulgated human 158 rights. It has resulted in a significant body of human right law 159 that is manifested in legal systems, law schools, and institutes 160 distributed worldwide. 162 Notwithstanding these challenges, the creation of structured 163 enumerations for human rights found in the principal legal 164 instruments, has potential value under the aegis of "Human Rights as 165 a Service." Such enumerations would further the objective of 166 furthering cognizance, respect, implementation, and statistical 167 monitoring of those rights in the global marketplace of internet 168 protocols, virtual functions, applications, management, practices, 169 and services offered to the public. 171 3. Structured enumerations of human rights 173 The following subclauses provide an initial set of enumerations 174 which can be extended via a registry to encompass any legal 175 instrument of human rights. 177 3.1. The Universal Declaration of Human Rights - Enumeration [UDHR] 179 UDHR01 All human beings are born free and equal in dignity and 180 rights 181 UDHR02 Everyone is entitled to all the rights and freedoms set 182 forth in this Declaration, without distinction of any kind, such as 183 race, colour, sex, language, religion, political or other opinion, 184 national or social origin, property, birth or other status; no 185 distinction shall be made on the basis of the political, 186 jurisdictional or international status of the country or territory 187 to which a person belongs 189 UDHR03 Everyone has the right to life, liberty and security of 190 person 192 UDHR04 No one shall be held in slavery or servitude 194 UDHR05 No one shall be subjected to torture or to cruel, inhuman 195 or degrading treatment or punishment 197 UDHR06 Everyone has the right to recognition everywhere as a 198 person before the law. 200 UDHR07 All are equal before the law and are entitled without any 201 discrimination to equal protection of the law 203 UDHR08 Everyone has the right to an effective remedy by the 204 competent national tribunals for acts violating...fundamental rights 206 UDHR09 No one shall be subjected to arbitrary arrest, detention or 207 exile 209 UDHR10 Everyone is entitled in full equality to a fair and public 210 hearing by an independent and impartial tribunal, in the 211 determination of his rights and obligations and of any criminal 212 charge against him 214 UDHR11 Everyone charged with a penal offence has the right to be 215 presumed innocent until proved guilty according to law in a public 216 trial at which he has had all the guarantees necessary for his 217 defence 219 UDHR12 No one shall be subjected to arbitrary interference with 220 his privacy, family, home or correspondence, nor to attacks upon his 221 honour and reputation 223 UDHR13 Everyone has the right to freedom of movement and residence 224 within the borders of each State...to leave any country, including 225 his own, and to return to his country 226 UDHR14 Everyone has the right to seek and to enjoy in other 227 countries asylum from persecution. 229 UDHR15 Everyone has the right to a nationality...[nor] arbitrarily 230 deprived of his nationality nor denied the right to change his 231 nationality. 233 UDHR16 Men and women of full age, without any limitation due to 234 race, nationality or religion, have the right to marry and to found 235 a family...are entitled to equal rights as to marriage, during 236 marriage and at its dissolution 238 UDHR17 Everyone has the right to own property alone as well as in 239 association with others...no one shall be arbitrarily deprived of 240 his property. 242 UDHR18 Everyone has the right to freedom of thought, conscience 243 and religion; this right includes freedom to change his religion or 244 belief, and freedom, either alone or in community with others and in 245 public or private, to manifest his religion or belief in teaching, 246 practice, worship and observance 248 UDHR19 Everyone has the right to freedom of opinion and 249 expression;...includes freedom to hold opinions without interference 250 and to seek, receive and impart information and ideas through any 251 media and regardless of frontiers 253 UDHR20 Everyone has the right to freedom of peaceful assembly and 254 association...[nor] compelled to belong to an association 256 UDHR21 Everyone has the right to take part in the government of 257 his country, directly or through freely chosen representatives;...to 258 equal access to public service in his country;...[and] the will of 259 the people shall be the basis of the authority of 260 government...expressed in periodic and genuine elections which shall 261 be by universal and equal suffrage and shall be held by secret vote 262 or by equivalent free voting procedures 264 UDHR22 Everyone, as a member of society, has the right to social 265 security and is entitled to realization, through national effort and 266 international co-operation and in accordance with the organization 267 and resources of each State, of the economic, social and cultural 268 rights indispensable for his dignity and the free development of his 269 personality 270 UDHR23 Everyone has the right to work, to free choice of 271 employment, to just and favourable conditions of work and to 272 protection against unemployment [and] without any discrimination, 273 has the right to equal pay for equal work...to just and favourable 274 remuneration ensuring for himself and his family an existence worthy 275 of human dignity, and supplemented, if necessary, by other means of 276 social protection...[and] to join trade unions for the protection of 277 his interests 279 UDHR24 Everyone has the right to rest and leisure, including 280 reasonable limitation of working hours and periodic holidays with 281 pay 283 UDHR25 Everyone has the right to a standard of living adequate for 284 the health and well-being of himself and of his family, including 285 food, clothing, housing and medical care and necessary social 286 services, and the right to security in the event of unemployment, 287 sickness, disability, widowhood, old age or other lack of livelihood 288 in circumstances beyond his control...[and] motherhood and childhood 289 are entitled to special care and assistance [where] all children, 290 whether born in or out of wedlock, shall enjoy the same social 291 protection 293 UDHR26 Everyone has the right to education [and] education shall 294 be free, at least in the elementary and fundamental stages [and] 295 elementary education shall be compulsory [and] technical and 296 professional education shall be made generally available and higher 297 education shall be equally accessible to all on the basis of 298 merit...[where] education shall be directed to the full development 299 of the human personality and to the strengthening of respect for 300 human rights and fundamental freedoms [and] promote understanding, 301 tolerance and friendship among all nations, racial or religious 302 groups, and shall further the activities of the United Nations for 303 the maintenance of peace [and] parents have a prior right to choose 304 the kind of education that shall be given to their children 306 UDHR27 Everyone has the right freely to participate in the 307 cultural life of the community, to enjoy the arts and to share in 308 scientific advancement and its benefits, [and] to the protection of 309 the moral and material interests resulting from any scientific, 310 literary or artistic production of which he is the author 312 UDHR28 Everyone is entitled to a social and international order in 313 which the rights and freedoms set forth in this Declaration can be 314 fully realized 315 UDHR29 Everyone has duties to the community in which alone the 316 free and full development of his personality is possible [and] in 317 the exercise of his rights and freedoms, everyone shall be subject 318 only to such limitations as are determined by law solely for the 319 purpose of securing due recognition and respect for the rights and 320 freedoms of others and of meeting the just requirements of morality, 321 public order and the general welfare in a democratic society 323 UDHR30 Nothing in this Declaration may be interpreted as implying 324 for any State, group or person any right to engage in any activity 325 or to perform any act aimed at the destruction of any of the rights 326 and freedoms set forth herein 328 3.2. The International Covenant on Civil and Political Rights 329 Enumeration [ICCPR] 331 ICCPR01 All peoples have the right of self-determination 332 [including]...political status and freely pursue their economic, 333 social and cultural development 335 ICCPR06 Every human being has the inherent right to life [nor] 336 arbitrarily deprived of his life 338 ICCPR07 No one shall be subjected to torture or to cruel, inhuman 339 or degrading treatment or punishment...[or] subjected without his 340 free consent to medical or scientific experimentation. 342 ICCPR08 No one shall be held in slavery [and]...no one shall be 343 held in servitude 345 ICCPR09 Everyone has the right to liberty and security of person 346 [or] subjected to arbitrary arrest or detention 348 ICCPR10 All persons deprived of their liberty shall be treated with 349 humanity and with respect for the inherent dignity of the human 350 person 352 ICCPR11 No one shall be imprisoned merely on the ground of 353 inability to fulfil a contractual obligation 355 ICCPR12 Everyone lawfully within the territory of a State shall, 356 within that territory, have the right to liberty of movement and 357 freedom to choose his residence [and] free to leave any country, 358 including his own [or] arbitrarily deprived of the right to enter 359 his own country 360 ICCPR13 An alien lawfully in the territory of a State Party to the 361 present Covenant may be expelled therefrom only in pursuance of a 362 decision reached in accordance with law 364 ICCPR17 No one shall be subjected to arbitrary or unlawful 365 interference with his privacy, family, home or correspondence, nor 366 to unlawful attacks on his honour and reputation 368 ICCPR18 Everyone shall have the right to freedom of thought, 369 conscience and religion [and] include freedom to have or to adopt a 370 religion or belief of his choice, and freedom, either individually 371 or in community with others and in public or private, to manifest 372 his religion or belief in worship, observance, practice and teaching 374 ICCPR19 Everyone shall have the right to hold opinions without 375 interference [and] to freedom of expression 377 ICCPR20 Any propaganda for war shall be prohibited by law [and] any 378 advocacy of national, racial or religious hatred that constitutes 379 incitement to discrimination, hostility or violence shall be 380 prohibited 382 ICCPR21 The right of peaceful assembly shall be recognized 384 ICCPR22 Everyone shall have the right to freedom of association 385 with others, including the right to form and join trade unions for 386 the protection of his interests 388 ICCPR23 The right of men and women of marriageable age to marry and 389 to found a family shall be recognized 391 ICCPR24 Every child shall have, without any discrimination as to 392 race, colour, sex, language, religion, national or social origin, 393 property or birth, the right to such measures of protection as are 394 required by his status as a minor, on the part of his family, 395 society and the State. 397 ICCPR25 Every citizen shall have the right and the opportunity... 398 without unreasonable restrictions...to take part in the conduct of 399 public affairs, directly or through freely chosen representatives... 400 [and] vote and to be elected at genuine periodic elections which 401 shall be by universal and equal suffrage and shall be held by secret 402 ballot, guaranteeing the free expression of the will of the electors 403 [and]...have access, on general terms of equality, to public service 404 in his country. 406 ICCPR26 All persons are equal before the law and are entitled 407 without any discrimination to the equal protection of the law...and 408 effective protection against discrimination on any ground such as 409 race, colour, sex, language, religion, political or other opinion, 410 national or social origin, property, birth or other status. 412 ICCPR27 In those States in which ethnic, religious or linguistic 413 minorities exist, persons belonging to such minorities shall not be 414 denied the right, in community with the other members of their 415 group, to enjoy their own culture, to profess and practise their own 416 religion, or to use their own language 418 3.3. The International Covenant on Economic, Social and Cultural Rights 419 - Enumeration [CESCR] 421 CESCR01 All peoples have the right of self-determination 422 [including] ...political status and freely pursue their economic, 423 social and cultural development 425 CESCR06 the right to work, which includes the right of everyone to 426 the opportunity to gain his living by work which he freely chooses 427 or accepts 429 CESCR07 the right of everyone to the enjoyment of just and 430 favourable conditions of work 432 CESCR08 The right of everyone to form trade unions and join the 433 trade union of his choice 435 CESCR09 the right of everyone to social security 437 CESCR10 The widest possible protection and assistance should be 438 accorded to the family [including]...special measures of protection 439 and assistance...on behalf of all children and young persons without 440 any discrimination for reasons of parentage or other conditions... 441 [and] protected from economic and social exploitation 443 CESCR11 the right of everyone to an adequate standard of living for 444 himself and his family, including adequate food, clothing and 445 housing, and to the continuous improvement of living conditions 446 CESCR12 right of everyone to the enjoyment of the highest 447 attainable standard of physical and mental health [including] 448 environmental and industrial hygiene...prevention, treatment and 449 control of epidemic, endemic, occupational and other diseases...the 450 creation of conditions which would assure to all medical service and 451 medical attention in the event of sickness. 453 CESCR13 the right of everyone to education 455 CESCR15 the right of everyone...to take part in cultural life...to 456 enjoy the benefits of scientific progress and its applications...the 457 protection of the moral and material interests resulting from any 458 scientific, literary or artistic production of which he is the 459 author...the development and the diffusion of science and culture 461 CESCR25 the inherent right of all peoples to enjoy and utilize 462 fully and freely their natural wealth and resources 464 3.4. Additional human rights instrument - enumerations 466 See Appendix A. 468 4. Security Considerations 470 As this draft concerns a research document, there are no security 471 considerations. 473 5. IANA Considerations 475 This document has no actions for IANA. 477 6. Research Group Information 479 The discussion list for the IRTF Human Rights Protocol 480 Considerations proposed working group is located at the e-mail 481 address hrpc@ietf.org. Information on the group and information on 482 how to subscribe to the list is at 483 https://www.irtf.org/mailman/listinfo/hrpc 485 Archives of the list can be found at: 486 https://www.irtf.org/mailarchive/web/hrpc/current/index.html. 488 7. References 490 7.1. Informative References 492 [UDHR] U.N., "The Universal Declaration of Human Rights," 1948. 493 496 [HRI-DOCS] 497 UCONN, Human Rights Institute, Human Rights Documents, 498 . 499 See also, Human Rights Organizations, 500 . 503 [MACBRIDE] 504 UNESCO, International Commission for the Study of 505 Communication Problems, 508 [POUZIN] L. Pouzin, "Presentation and major design aspects of the 509 CYCLADES computer network," in Proc. 3rd Data 510 Communications Symp., 1973. 511 . See also, 512 514 [MACBRIDE81] 515 A. Rutkowski, et al, Communication technologies of the 516 1980s, UNESCO, International commission for the study of 517 communication problems, Doc. 81. 518 521 [WATTC88] World Administrative Telegraph and Telephone Conference 522 (Melbourne, 1988). 523 . See also, A. Rutkowski, The 525 ITU treaty provisions for infrastructure protection, June 526 2005, 527 530 [CRISP] Stanford University, Consortium for Research on 531 Information Security and Policy, 532 535 [OHCHR] OHCHR, Racism and the Internet, 536 ; European Monitoring Centre on Racism 538 and Xenophobia, 539 ; Final Declaration and Action 542 Plan, Second Summit of Heads of State and Government, 543 (Strasbourg, 10-11 October 1997) 545 [T-CY-AP] Council of Europe, "The Additional Protocol to the 546 Convention on Cybercrime, concerning the criminalisation 547 of acts of a racist and xenophobic nature committed 548 through computer systems." 549 552 [WISENTHAL] 553 The Simon Wiesenthal Center, 554 558 [COE-CYBERVIOLENCE] 559 COE, Mapping study on cyberviolence, 9 July 2018. 560 . See also, Cyber hate at the 562 International Network for Hate Studies, 563 566 [DTRA-MASS] 567 S.J. Lukasik, Mass-Effect Network Attacks, Defense 568 Threat Reducation Agency, Jan 2007. See also, See also, 569 572 [TTWEETS] A. Rutkowski, Trump's Tweets Flouting the Cybercrime 573 Treaty Curbs on Racist and Xenophobic Incitement, CircleID 574 July 2018. 575 . See also, 577 USDC, Case 1:18-cr-00215-ABJ, Indictment, U.S. v. Netyksho 578 et al, filed 07/13/18, 579 581 [NFVRG] See Network Function Virtualization Research Group 582 (NFVRG), . 584 [MBOX-INNOVATE] 585 See, e.g., J. Sherry, Middlebox Processing as a 586 Cloud Service, 587 ; V. Sekar et al., The Middlebox 589 Manifesto: Enabling Innovation in Middlebox Deployment, 590 593 [ICCPR] U.N., "The International Covenant on Civil and Political 594 Rights," 1966. 595 598 [CESCR] U.N., "The International Covenant on Economic, Social and 599 Cultural Rights," 1966. 600 603 [COE-ETS189] 604 Council of Europe, ETS No. 189, Additional Protocol 605 to the Convention on Cybercrime, concerning the 606 criminalisation of acts of a racist and xenophobic nature 607 committed through computer systems, Strasbourg, 28.I.2003. 608 611 Appendix A. Additional Human Rights Instruments 613 A.1. Additional Protocol to the Convention on Cybercrime, concerning 614 the criminalisation of acts of a racist and xenophobic nature 615 committed through computer systems - enumeration [COE-ETS189] 617 APCR03 Dissemination of racist and xenophobic material through 618 computer systems 620 APCR04 Racist and xenophobic motivated threat 622 APCR05 Racist and xenophobic motivated insult 624 APCR06 Denial, gross minimisation, approval or justification of 625 genocide or crimes against humanity 627 APCR07 Aiding and abetting 629 Acknowledgments 631 Thanks to Sean MacBride who played a leading role in articulating 632 global human rights in international legal instruments, creating 633 implementing organizations, and leading the first major worldwide 634 body forty years ago to consider the potential for advancing human 635 rights in communication networks. 637 Authors' Addresses 639 Anthony-M. Rutkowski 640 Netmagic Associates LLC 642 Email: trutkowski@netmagic.com