Re: [hrpc] Protocol/Architecture consideration of Attribution & right of legal remedy (was: Re: I-D Action: draft-irtf-hrpc-guidelines-03.txt)

Frankly, John, what you are suggesting is outrageous.

You don't have to always attribute the wrongdoing to a "person" or even a
"location" to be able to establish jurisdiction and have access to a legal
remedy and even preserve security. What you are suggesting will do more
harm than good for human rights.

Farzaneh

On Wed, Jun 12, 2019 at 7:06 AM John Curran <jcurran@istaff.org> wrote:

> On 12 Jun 2019, at 6:13 AM, Amelia Andersdotter <amelia@article19.org>
> wrote:
> > ...
> > Normally, human rights are obligations on governments and duties on
> > companies to respect individuals.
>
> You use the term “normally”, where perhaps you meant “typically”?  All
> human rights are normal, but I concur that the typical considerations
> regarding human rights implementation involve preventing otherwise
> impacting government or business activity.
>
> > The attribution problem, however,
> > seems to me to arise when governments or companies find that individuals
> > have not respected their rights, or when individuals have not respected
> > other individuals.
>
> Correct.
>
> > Because the attribution problem in this sense occurs
> > in a "reverse setting" (individual -> individual or individual ->
> > government/company settings rather than government/company -> individual
> > settings), I'd be cautious to include it in RFC8280.
>
> I don’t following how the atypical nature of the "legal remedy” human
> right makes it any less important than other human rights or warrants its
> exclusion from aspects that need to be considered by protocol/architecture
> designers.  In fact, the less obvious relationship between attribution and
> ability to support the legal remedy human right would argue that it’s
> likely more important that it be included, less it be readily overlooked by
> designers when striving to strike an appropriate balance in these areas.
>
> Thanks!
> /John
>
> p.s. Disclaimer:  my views alone - this message composed of 100% recycled
> electrons.
>
>
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