This document discusses privacy and civil rights protections in the digital society. It covers several topics: - The basic elements that control data, networks, computation, and interfaces and the opportunities and challenges they present regarding issues like big data, identity, algorithms, and more. - Protection mechanisms like access control, algorithm auditing, and oversight boards. - How public policy around online content regulation has shifted control deeper into networks and infrastructure, with unintended consequences. - The shifting power dynamics between states, companies, and individuals as relationships change from citizens to consumers. - International principles and business/multistakeholder initiatives around these issues.

1. PRIVACY AND CIVIL
RIGHTS PROTECTION IN
THE DIGITAL SOCIETY
Panel discussion on “Learn from the Giants, How They
Lift Cybersecurity and Privacy Obstacles”
#DigitalThailand2016 — Bangkok, 27 May 2016
@bact
Arthit Suriyawongkul

2. BASIC ELEMENTS / POINTS OF CONTROL
Data
Network
(go across national borders)
Computation
Interface

3. OPPORTUNITIES AND CHALLENGES
Data
Network
(go across national borders)
Computation
Net neutrality
(which activities are
prioritised?)
Infrastructure ownership
(who can get connected?)
Sensory
citizenship
(whose ‘votes’ got
counted?)
Big Data
(Volume, Variety,
Velocity)
LinkabilityIdentity
(do/how you exist?)
Citizen
science
Metadata
Bias / Discrimination
“Precrime”
(Predictive crime control,
systemic prejudgement,
algorithmic bias)
Anonymity
Peer-to-peer
network
Cloud
storage
Cloud
computing
Consumer rights
as Civil rights
Media
convergence
Behavior
Re-identification
Interface
Accessibility
Multicultural
environment

4. PROTECTION MECHANISM
User Access Control
Algorithm auditing
Oversight
Board Design for
Clarity+Consent
Privacy Impact
Assessment
Software validation
and verification
Social engineering
prevention
Cryptography
Firewall
Hardening
Physical Security

5. PUBLIC POLICY AND ITS CONSEQUENCES TO CYBERSECURITY AND PRIVACY
➤ Example: Online
content regulation
➤ Web 2.0: Lots of
content creators —
govt can’t afford to
control at Content level
➤ Intermediary liability
introduced — but it
only works within
jurisdiction
➤ The control is moving
towards Network level
(online intermediary)
(transmission/hardware level)
(individual content providers—users)
The deeper layer the control digging down,
the more unintended consequences
and the more people got affected.

6. SHIFTING POWER-RELATIONS / PUBLIC-PRIVATE
Pre-Digital Digital
Infrastructure providers State Companies
Contract Social contract Terms of services
National regulatory
frameworks
Bill of Rights, Constitution Trade and consumer laws
Int’l regulatory
frameworks
ICCPR, UN mechanisms Int’l trade agreements
Intent expression Voting Buying
(or selling out yourself*)
Population records by Census
(every 5-10 years)
Sensor
(Real-time)
Population activities
space
Within Nation-State border Cross-border
Types of space Public and Private Almost All Private
Relationship Citizens Consumers
(or products*)

7. INTERNATIONAL PRINCIPLES
➤ Manila Principles on Intermediary Liability
➤ Necessary and Proportionate: International Principles on the
Application of Human Rights to Communications
Surveillance
➤ UN Guiding Principles on Business and Human Rights
➤ A/HRC/17/27 — Challenges to receive and impart information and ideas online
➤ A/HRC/23/40 — Implications of surveillance on privacy and to freedom of expression
➤ A/HRC/27/37 — The right to privacy in the digital age
➤ A/HRC/29/32 — Encryption, anonymity, and the human rights framework

8. BUSINESS ALLIANCES / MULTISTAKEHOLDERS DIALOGUE
➤ Telecommunication Industry Dialogue
➤ AT&T, Telefonica, Orange, Telenor (DTAC), etc.
➤ Global Network Initiative
➤ Facebook, Microsoft, Google, LinkedIn, universities, etc.
➤ Asia Internet Collation
➤ Apple, Twitter, Yahoo, Facebook, Google, LinkedIn, etc.
➤ Internet Governance Forum (IGF)
➤ Asia-Pacific Regional IGF

9. INITIATIVES TO MAKE CONSUMERS/CITIZENS MORE INFORMED
➤ Transparency Report / Law Enforcement Requests Report
➤ Ranking Digital Rights — Corporate Accountability Index

10. INITIATIVES
➤ Thai Netizen
Network
studies on
privacy
policy and
technological
security
measures of
45 websites
in 2014

11. FOLLOW @THAINETIZEN
Thai Netizen Network
Foundation for Internet and Civic Culture
This “Privacy and Civil Rights Protection in the Digital Society” presentation by Thai Netizen
Network is licensed under a Creative Commons Attribution 4.0 International License.