Friday, 14 December 2012

US and UK refuse to sign UN's communications treaty ,US and UK refuse to sign UN's communications treaty

US and UK refuse to sign UN's communications treaty

ITU conference 
 
The UN's telecommunications treaty will not be ratified by the US, UK or Canada
The US, Canada, Australia and UK have refused to sign an international communications treaty at an conference in Dubai.
The countries had objected to calls for all states to have equal rights to the governance of the internet.
But the breaking point was the addition of text relating to "human rights".
It marks a setback for the UN's International Telecommunication Union (ITU) which had said it was sure it could deliver consensus.
"It's with a heavy heart and a sense of missed opportunities that the US must communicate that it's not able to sign the agreement in the current form," said Terry Kramer the US ambassador to the World Conference on International Telecommunications (Wcit).
"The internet has given the world unimaginable economic and social benefit during these past 24 years."
Negotiators from Denmark, Italy, the Czech Republic, Sweden, Greece, Portugal, Finland, Chile, the Netherlands, New Zealand, Costa Rica and Kenya have said they would need to consult with their national governments about how to proceed and would also not be able to sign the treaty as planned on Friday.
In total 89 countries have signed the treaty and 55 have either reserved the right to do so later or ruled out ratifying it altogether.
Censorship claims The ITU had organised the 12-day conference in order to revise a communications treaty last overhauled 24 years ago.
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Telecoms analyst Dr Jerry Sanders says reducing spam was one of the things the treaty was hoping to tackle
It said the document would help nations co-ordinate efforts against spam and widen access to the web.
However, much of the discussions ended up focusing on whether or not countries should have equal rights to the development of the internet's technical foundations.
In particular many attendees believed it was an anachronism that the US government got to decide which body should regulate the net's address system as a legacy of its funding for Arpanet - a precursor to the internet which helped form its technical core.
However, the US said this allowed it to ensure that technical experts could make "agile, rapid-fire decisions" about the net's development as part of multi-stakeholder organisations.
It added that other references to net might also be used to legitimise censorship and other interference in the operation of internet service providers (ISPs) and cloud-based operations, such as Google and Facebook.
Its view was supported by the internet and web pioneers Vint Cerf and Tim Berners-Lee who warned any changes posed a "disruptive threat to the stability of the system".
Russian proposals A proposal from Russia, China, Saudi Arabia, Algeria and Sudan calling for equal rights for all governments to manage "internet numbering, naming, addressing and identification resources" was eventually shelved.
Terry Kramer The US's Terry Kramer had pushed for minimal mention of the internet in the agreement
But there was fresh controversy on Wednesday night after an alternative non-binding resolution was debated which suggested the UN agency's leadership should "continue to take the necessary steps for ITU to play an active and constructive role in the development of broadband and the multi-stakeholder model of the internet."
This was opposed by the US and European nations who repeated their argument that the treaty's regulations should not stretch to internet governance.
As debate continued into the early hours of Thursday morning the conference's chairman, Mohammed Nasser al-Ghanim asked for a "feel of the room" noting afterwards that the resolution had majority support, while stressing that this was not a formal "vote".
Matters were also complicated by an African bloc of countries calling for a paragraph to be added to the treaty's preamble relating to human rights which stated that: "These regulations recognise the right of access of member states to international telecommunication services."
The US and its allies suggested this as an attempt to extend the treaty's regulations to cover internet governance and content.
'Bad agreement' After a break for sleep, Iran called for a vote on the African proposal which was carried by 77 votes to 33. This was in spite of the ITU's earlier pledge that disputed issues would only be resolved by consensus and not a majority vote.
Iran delegation  
 
Iran brought matters to a head by calling for a vote on the treaty's preamble text
The organisation's secretary-general attempted to salvage discussions, but soon after the US, Canada and UK said they could no longer ratify the treaty.
"My delegation came to work for revised international telecommunication regulations, but not at any cost," said the head of the UK delegation Simon Towler.
"We prefer no resolution on the internet at all, and I'm extremely concerned that the language just adopted opens the possibility of internet and content issues."
Despite this setback, the ITU's secretary-general Dr Hamadoun Toure insisted that those countries which did sign the treaty would benefit from other achievements including " increased transparency in international mobile roaming charges and competition".
Stopping spam At a press conference on Friday the ITU said it was "puzzled" as to why countries had objected to the human rights text and denied there was an attempt to "hijack the internet".
It highlighted a section that had been added to the treaty explicitly stating that it did not address content-related telecommunications.
Dr Hamadoun Toure  
 
The ITU's Dr Toure declared the treaty a "success" despite the fact some countries were not signing it
The final document published on Friday does refer to an aspiration that "all governments should have an equal role and responsibility for international internet governance".
But the ITU stressed that this text was non-binding and only featured in the treaty's appendices following the US's efforts to exclude it from the main regulations.
It also reflected on the fact that the main text does say that "member states should endeavour to take necessary measures to prevent the propagation of unsolicited bulk electronic communications," a reference to email spam and other unwanted messages.
The ITU said that this was about finding technical solutions to parties sending "a million emails and flooding the pipes" rather than deciding what content should and should not be allowed to get through.

Hacker Gary McKinnon will not face UK charges

Hacker Gary McKinnon will not face UK charges

Gary McKinnon British computer hacker Gary McKinnon fought extradition to the US for years
Computer hacker Gary McKinnon, whose extradition to the US was blocked, will not face charges in the UK, bringing to an end a 10-year legal battle.
Director of Public Prosecutions Keir Starmer QC said the chances of a successful conviction were "not high".
Janis Sharp, Mr McKinnon's mother, said the news was "amazing" and she was grateful the case was "all over now".
Mr McKinnon, 46, admits accessing US government computers but says he was looking for evidence of UFOs.
The US Department of Justice said it would continue to collaborate with the UK government on a "wide range of shared concerns".
Mr Starmer announced the decision not to prosecute some three months after Home Secretary Theresa May stopped Mr McKinnon's extradition.
Low 'conviction prospects' The US authorities tried to extradite Mr McKinnon to face charges of causing $800,000 (£487,000) worth of damage to military computer systems and he would have faced up to 60 years in prison if convicted.


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Gary McKinnon's mother: ''It's been life destroying, it's difficult to explain how bad it's been, and to have this over is amazing''
Mr McKinnon, who had been fighting extradition since 2002, suffers from Asperger's syndrome.
In October, the Briton was permitted to stay in the UK on human rights grounds after medical reports showed he was very likely to try to kill himself if extradited.
In a statement, Mr Starmer said: "The potential difficulties in bringing a case in England and Wales now should not be underestimated, not least the passage of time, the logistics of transferring sensitive evidence prepared for a court in the US to London for trial, the participation of US government witnesses in the trial and the need fully to comply with the duties of disclosure imposed on the CPS.
"The prospects of a conviction against Mr McKinnon which reflects the full extent of his alleged criminality are not high."
He concluded: "Against this background, the joint CPS/police panel recommended to the Assistant Commissioner of the Metropolitan Police that he should not commence a new criminal investigation into Mr McKinnon. The Assistant Commissioner of the Metropolitan Police has accepted that advice."
End Quote Janis Sharp Gary McKinnon's mother 
 
Following the decision not to bring charges in the UK, Mr McKinnon's mother said: "I'm very pleased and glad Gary's not going to have to go through another long term of trauma.
"I would love more than anything now for Mr Obama to give Gary a Christmas pardon."
She told BBC News: "Gary admitted to the intrusion, he always denied the damage. I feel the 10 years have been gruelling, it's been life-destroying. It's difficult to explain how bad it's been.
"To have this over is amazing. Gary's gone through enough. Other people have been accused of more serious hacking in this country and they've been given a £1,000 fine and a very short community sentence.
"Gary regrets what he's done. He wishes he hadn't done it. He wishes he hadn't upset the Americans. We all regret it. But I'm grateful to Theresa May that this is all over now."
Mr McKinnon's lawyer Karen Todner said she had "mixed feelings" about the decision.
She said: "I am pleased he is not going to be prosecuted because I wouldn't want to think he would ever spend any time in prison given his mental situation.
"But I am disappointed because the extradition warrant is still outstanding because he can't travel anywhere outside of the UK and will have this hanging over him until it's resolved.
"We have discussed approaching president Obama and asking for a pardon."
The US Department of Justice said its "law enforcement relationship between the United States and the United Kingdom has always been predicated on trust, respect, and the common goals of protecting our nations and eliminating safe havens for criminals".
It added: "Notwithstanding the home secretary's decision in the McKinnon case, our extradition treaty serves the interests of both our nations, and the United States values our continuing collaboration with the CPS and British law enforcement authorities on a wide range of shared concerns."
Risk of suicide US authorities have described Glasgow-born Mr McKinnon's actions as the "biggest military computer hack of all time" that was "calculated to influence and affect the US government by intimidation and coercion".
Mr McKinnon lost appeals in the High Court and the House of Lords against his extradition, but two years ago a High Court judge ruled Mr McKinnon would be at risk of suicide if sent away.
Earlier this year Mrs May put the decision on hold, in order that Home Office appointed psychiatrists could conduct an assessment of Mr McKinnon's mental state.
The psychiatrists concluded Mr McKinnon would be likely to take his own life if he was sent to face trial in the US.
Mr McKinnon was arrested in 2002 and again in 2005 before an order for his extradition was made in July 2006 under the 2003 Extradition Act.