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Computer spyware violates human rights guidelines watchdog

from: Paul Andrew Mitchell, B.A., M.S. <supremelawfirm@gmail.com>
reply-to: supremelaw@googlegroups.com
to: Kyle R Bennett <kyle@hardocp.com>,
Ryan Shrout <rshrout@pcper.com>
cc: SupremeLaw <supremelaw@googlegroups.com>
date: Sat, Feb 28, 2015 at 11:30 AM
subject: FYI: Watchdog says computer spyware violates human rights guidelines
mailing list: supremelaw.googlegroups.com Filter messages from this mailing list
http://supremelaw.org/ref/treaty/
http://supremelaw.org/ref/treaty/covenant.htm
http://supremelaw.org/ref/treaty/reservations.htm

Declarations:

"(1) That the United States declares that the provisions of
articles 1 through 27 of the Covenant are not self-executing.

See also:

http://supremelaw.org/cc/hill/civil/iccpr/


---------- Forwarded message ----------
From: Paul Andrew Mitchell, B.A., M.S. <supremelawfirm@gmail.com>
Date: Sat, Feb 28, 2015 at 8:22 AM
Subject: Re: Watchdog says computer spyware violates human rights guidelines
To: SupremeLaw


My Comment:

SupremeLaw 4 minutes ago

Privacy is a fundamental Right, and that Right is recognized in at least 2 Human Rights Treaties, which are elevated to supreme Law of the Land by the Supremacy Clause in the U.S. Constitution.  Nevertheless, when the U.S. Senate ratified the International Covenant on Civil and Political Rights, it appended a Declaration rendering that Treaty "not self-executing".  This means that a private Citizen may NOT enforce that Treaty in any American Court at present, and the Department of Justice will not enforce that Treaty withOUT "implementing legislation" enacted by the Congress.  Never mind that more than a dozen Acts of Congress already enable private rights of action for violations of Treaties e.g. Habeas Corpus statutes: 28 USC 2241, 2242 etc.

https://www.law.cornell.edu/uscode/text/28/2241

(c) The writ of habeas corpus shall not extend to a prisoner unless—
(1) He is in custody under or by color of the authority of the United States or is committed for trial before some court thereof; or

(2) He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or

(3) He is in custody in violation of the Constitution or laws or treaties of the United States;

On Sat, Feb 28, 2015 at 8:05 AM, Paul Andrew Mitchell, B.A., M.S. <supremelawfirm@gmail.com> wrote:
http://www.engadget.com/2015/02/26/spyware-maker-violating-human-rights-guidelines/

If you think that commercial software designed to spy on computers is problematic, you're not alone. The Organization for Economic Cooperation and Development's UK contact has determined that Gamma International's approach to selling its FinFisher spyware violates human rights guidelines. The developer not only doesn't have a human rights policy, but doesn't investigate clients for the possibility of abuse -- there's little stopping it from selling FinFisher to an oppressive government. The contact couldn't confirm that Gamma sold its software to Bahrain, which used the surveillance tool to target the political activists who prompted the investigation (shown here). However, the OECD isn't shy about pressing for change. It wants Gamma to take evidence of abuse and government advice into account whenever it sells software, and to cooperate when there are signs that someone is using FinFisher for nefarious purposes.

--
 
All Rights Reserved without Prejudice

___

Related:

http://tekgnosis.typepad.com/tekgnosis/2014/02/paul-andrew-mitchell-has-been-bundled-away-by-the-us-government.html

February 28, 2015 in Current Affairs | Permalink