'The Israeli Digital Rights Movement's campaign for privacy' by Efrat Daskal in (2017) 6(3)
Internet Policy Review [
PDF]
explores the persuasion techniques used by the Israeli Digital Rights Movement in its campaign against Israel’s biometric database. The research was based on analysing the movement's official publications and announcements and the journalistic discourse that surrounded their campaign within the political, judicial, and public arenas in 2009-2017. The results demonstrate how the organisation navigated three persuasion frames to achieve its goals: the unnecessity of a biometric database in democracy; the database’s ineffectiveness; and governmental incompetence in securing it. I conclude by discussing how analysing civil society privacy campaigns can shed light over different regimes of privacy governance.
Daskal comments
The digital era has expanded the boundaries and meanings of basic human rights such as
freedom of expression, the right to privacy, and the right to information. These changes have
triggered constant deliberations between national governments, global internet corporations,
inter- and nongovernmental entities over the scope of these rights (Benedek, 2008; Kay, 2014).
This paper focuses on one of these actors: civil society organisations which advocate for digital rights, also known as digital rights advocates. These organisations advocate for computer and
internet-related civil liberties on parallel tracks: on the one hand, they confront governments
and internet corporations in the constitutional, political, and judicial arenas, and on the other,
educate the public about their rights. Thus, they are among the few social actors with the
potential to challenge and sometimes even change the rules decided upon by powerful social
actors (Breindl, 2011; Postigo, 2008).
In order for them to achieve their goals, digital rights advocates have to persuade other
stakeholders, including the public. Yet such persuasion is not easy and usually requires them to
reframe issues to their advantage. This is why, for example, the American Electronic Frontier
Foundation (EFF) frames copyright issues as issues of fair use in order to legitimize expanding
consumer privileges in copyrighted works (Postigo, 2008). This is also why, when dealing with
net neutrality digital rights advocates worldwide have recently framed their campaigns as
essential to saving the internet (Fernández Pérez, 2015; Kosoff, 2017; Panwar, 2015). Yet, only
few studies explored in depth the persuasion techniques used by digital rights advocates,
especially concerning the right for privacy (Bennett, 2008). This study wishes to contribute to
the literature in the field by asking: “what are the persuasion techniques employed by Israel’s
Digital Rights Movement
organisation (DRM) in its campaign for privacy and against the
biometric database in Israel?”
To do so, I have analysed the organisation’s textual products and involvement in legislation
initiatives, judicial rulings, and public discourse in 2009-2017. This research sheds light on the
role civil society organisations can play in constructing the boundaries of digital rights. Second,
it contributes to the literature dealing with the right to privacy in a specific sociocultural context.
Finally, it deepens our understanding of the global issue of privacy governance.
In what follows, I will elaborate on the role civil society organisations play in protecting digital
rights, especially the right to privacy. I will then address the Israeli case, and present the
research questions and methods. My findings will describe the main activities of the DRM
against the biometric database, as well as the persuasion techniques employed thereby. I will
conclude by discussing how the study of civil society privacy campaigns can assist in
conceptualising and understanding issues of privacy governance.
The Executive Summary of the national Government's
Australia's International Cyber-Engagement Strategy document states
Australia’s international cyber engagement champions
an open, free and secure cyberspace. Through
comprehensive and coordinated engagement on cyber
affairs, we will maximise opportunities for economic
growth and prosperity through digital trade. Australia will
cooperate internationally to reduce the risk of cybercrime
and promote peace and stability in cyberspace. We will
advocate for multi-stakeholder Internet governance and
respect for human rights and democratic principles online.
We will partner to foster good cyber security practices
and encourage the use of digital technologies to achieve
sustainable development, particularly in our region.
The digital technology revolution is
fundamentally a story of prosperity.
Increasingly, cyberspace acts as an
economic enabler. Connectivity helps
improve productivity and provides
customers and the private sector
with greater access to the global
marketplace. Shaping an enabling
environment for digital trade will deliver
increased prosperity for Australia
and enhance realisation of economic
opportunity globally.
This progress is only possible if
underpinned by sound cyber security.
The spread of digital technologies
creates profound economic opportunities
but, at the same time, creates new
vulnerabilities. Individuals, the private
sector and governments around the
world face an evolving array of cyber
threats. Governments and the private
sector working together to develop
a strong cyber security posture is an
essential prerequisite to ensuring we
can all safely capitalise on the benefits
of increasing connectivity. As part of this
effort, Australia will encourage innovative
cyber security solutions and deliver
world leading cyber security advice.
Improving cyber security is an important
way of mitigating the risk of cybercrime.
Left unchecked, criminal use of the
Internet threatens to undermine the
economic opportunity offered by
the digital domain. Like cyberspace,
cybercrime is not confined by
geographic borders.
As such, Australian individuals, the
private sector and government can be
exposed to threats emanating from
other countries. Working collaboratively
with international partners and helping
countries in our region improve their
capacity to address cybercrime will
improve prevention and prosecution of
cybercrime worldwide.
It is not only criminals who threaten the
online environment. Developments in
cyberspace have created a new arena
in which states can exert influence.
The increasingly complex nature of the
international landscape means that
more and more actors now pursue
strategic goals in the digital domain;
some challenging the international
rules-based order in the process.
Australia is committed to a peaceful and
stable cyberspace. We will cooperate
with international partners to deter
and respond to malicious cyber activity
that endangers international peace,
security and stability. Reaffirming
the application of international law
to cyberspace, adhering to norms of
responsible behaviour in cyberspace
and implementing confidence-building
measures will shape cyberspace as a
landscape for international cooperation
and mutual benefit.
The private sector, civil society,
academia, individuals and government
are all important stakeholders in
cyberspace. A multi-stakeholder
approach to Internet governance, which
places all stakeholders on an equal
footing in Internet governance debates,
best facilitates an open, free and secure
Internet. Better multi-stakeholder
cooperation domestically, regionally
and internationally will preserve
decentralised control of the Internet,
allowing all voices to be heard when
decisions over the policy and technical
management of the Internet are made.
The promotion and protection of human
rights and democratic principles online
is crucial; human rights apply online as
they do offline. The Internet itself has
provided an unparalleled opportunity
for online democratic participation and
the promotion, protection and fulfilment
of human rights. This contributes to
lasting peace, security, freedom and
dignity for all. Governments, the private
sector, civil society and academia must
continue to work together to uphold and
defend human rights online, just as they
do offline.
Beyond the realisation of human rights,
connectivity and the uptake of digital
technologies also act as a profound
enabler of sustainable development and
inclusive economic growth. Innovative
uses of technology, entrepreneurial
activities and the digital upskilling
of workforces have seen economies
transform and societies make great leaps
in development. However, dividends of
the digital age are currently not evenly
experienced. Increasing connectivity and
harnessing digital technologies safely will
accelerate the attainment of sustainable
development objectives, especially in
regions, countries and populations where
digital journeys are only just beginning.
Australia’s International Cyber
Engagement Strategy addresses the
full breadth of these issues, from trade
to cybercrime, from international
security to international cooperation,
and from human rights to sustainable
development. Australia has adopted
a comprehensive and coordinated
approach to cyber affairs. We will achieve
our objectives in cyberspace through
cooperation, creative partnerships and
practical action.
The Action Plan for that engagement includes -
Digital Trade
Shape an enabling environment for digital trade including through trade agreements,
harmonisation of standards, and implementation of trade facilitation measures
1.01 Advocate for further digital trade liberalisation and facilitation
through free trade agreements and through Australia’s participation
in the WTO, OECD, APEC and G20
1.02 Support capacity building projects in the Indo-Pacific to encourage
the harmonisation of international standards for digital goods,
building trust and confidence in digital trade
1.03 Oppose barriers to digital trade and advocate for implementation
of the WTO Trade Facilitation Agreement through bilateral
representations and involvement with WTO committees and
councils, APEC and the G20
1.04 Design and trial an electronic Secure Trade Lane with New Zealand
to provide benefits for trusted traders in both countries
1.05 Promote regulatory cooperation and coherence through Australia’s
bilateral exchanges, the Australian free trade agreement agenda,
Aid for Trade activities, and engagement in the G20 and APEC
1.06 Support public-private engagement on emerging digital trade issues
in multilateral forums, including the Business 20, G20, and the APEC
Business Advisory Council
1.07 Support the G20, OECD and other international research to improve
digital trade measurement and develop policy responses
1.08 Encourage transparency from bilateral partners on domestic
legislation that could restrict trade, including through cyber policy
dialogues
Promote trade and investment opportunities for Australian digital goods and services
1.09 Develop a guide to exporting in the digital economy, providing
practical advice for maximising international opportunities for
Australian businesses
1.10 Develop a national digital economy strategy, which will position
Australia to embrace the opportunities presented by digital trade
Cyber Security
Maintain strong cyber security relationships with international partners
2.01 Strengthen and expand Australia’s international cyber security
information sharing partners and trusted networks
2.02 Strengthen and expand Australia’s network of CERT relationships,
especially in the Indo-Pacific
2.03 Be a prominent contributor to the APCERT community
Encourage innovative cyber security solutions and deliver world leading cyber
security advice
2.04 Promote cyber security as a fundamental input in the design and
delivery of ICT products, systems and services
2.05 Support the development of international standards that improve
cyber security and encourage harmonisation of standards for digital
products
2.06 Publish translations of ASD’s Essential Eight strategies and
companion implementation documents in the official languages of
ASEAN members
Develop regional cyber security capability
2.07 Work with regional partners in the Pacific to establish the Pacific
Cyber Security Operational Network (PaCSON)
Promote Australia’s cyber security industry
2.08 Showcase Australia’s cyber security capabilities to international
customers and investors, including through delivery of an annual
Australian Cyber Week
2.09 Promote and encourage cyber security start-ups through Landing
Pads
2.10 Partner with the private sector to host a workshop to co-design how
Australia promotes its cyber security industry internationally
Cybercrime
3.01 Deliver cybercrime awareness training across the Indo-Pacific
through public-private partnerships and the refreshed Cyber Safety
Pasifika program
Assist Indo-Pacific countries to strengthen their cybercrime legislation
3.02 Promote the Budapest Convention as a best practice model for
legislative responses to cybercrime and support accession to the
Convention across the Indo-Pacific
3.03 Be active in the negotiation of an Additional Protocol to the
Budapest Convention on trans-border access to information
3.04 Work with the Pacific Islands Law Officers’ Network to help
strengthen cybercrime legislation in the region
Deliver cybercrime law enforcement and prosecution capacity building in the
Indo-Pacific
3.05 Provide cybercrime training to law enforcement officers,
prosecutors and judges across the Indo-Pacific
Enhance diplomatic dialogue and international information sharing on cybercrime
Seek further opportunities to participate in strategic-level
engagement on combatting transnational cybercrime
3.07 Share cybercrime threat information and enhance operational
collaboration with international partners to fight transnational crime
International Security and cyberspace
Set clear expectations for state behaviour in cyberspace
4.01 Periodically publish Australia’s position on the application of
relevant international law to state conduct in cyberspace
4.02 Facilitate advanced policy development and promote informed
public discussion on acceptable state behaviour in cyberspace
through engagement with academics and experts in this field
4.03 Seek high-level reaffirmations from states that they will act
in accordance with international law and identified norms of
responsible state behaviour in cyberspace
4.04 Partner with countries in the Indo-Pacific to advance our combined
understanding of how international law and norms of responsible
state behaviour apply in cyberspace through bilateral engagement
and regional and multilateral forums
Implement practical confidence building measures to prevent conflict
4.05 Develop a framework to exchange policy and diplomatic contacts,
including bilaterally, to facilitate communication in times of crisis
or tension arising from significant cyber incidents that have the
potential to threaten international peace, security and stability
4.06 Work with regional organisations to conduct risk reduction
workshops to enhance our capacity to manage and respond to cyber
incidents that threaten international peace, security and stability,
including exercising national and regional responses to severe
cyber incidents
4.07 Hold cyber policy dialogues to discuss and work with partners
to achieve priority goals on international cyber issues, including
international law, norms of responsible state behaviour and
confidence building measures
4.08 Foster recognition through diplomatic outreach and defence
engagement that military offensive cyber capabilities are subject to
the same limitations and obligations as any other military capability
Deter and respond to unacceptable behaviour in cyberspace
4.09 Review Australia’s range of options to deter and respond to
unacceptable behaviours in cyberspace, particularly those involving
state actors and their proxies
4.10 Undertake diplomatic action to support an international cooperative
architecture that promotes stability and responds to and deters
unacceptable behaviour in cyberspace
Internet Governance and Cooperation
Advocate for a multi-stakeholder approach to Internet governance that is inclusive,
consensus-based, transparent and accountable
5.01 Advocate for an open, free and secure Internet, underpinned by a
multi-stakeholder approach to Internet governance and cooperation
5.02 Support an annual community-led Australian Internet governance
and cooperation forum
5.03 Outline Australia’s strong commitment to fostering fair and
effective competition online, emphasising a preference for general
competition law
Oppose efforts to bring the management of the Internet under government control
5.04 Oppose efforts to bring the management of the Internet under
government control
Raise awareness across the Indo-Pacific of Internet governance issues and encourage
engagement of regional partners in Internet governance and cooperation discussions
5.05 Build the capacity of Indo-Pacific partners to engage in regional and
international discussion on Internet governance and cooperation
Human rights and democracy online
Advocate for the protection of human rights and democratic principles online
6.01 Advocate to uphold and protect human rights and democratic
freedoms online
6.02 Share concerns about, and aim to prevent, undue restrictions
of human rights online as well as cyber-enabled interference in
democratic processes
6.03 Fund capacity building in the Indo-Pacific to raise awareness of
states’ human rights obligations online
Support international efforts to promote and protect human rights online
6.04 Support non-government organisations that defend human rights
online
Ensure respect for and protection of human rights and democratic principles online
are considered in all Australian aid projects with digital technology components
6.05 Provide guidance to ensure that human rights online are protected
in Australian aid and non-government projects with digital
technology components
Technology for development
Improve connectivity and access to the Internet across the Indo-Pacific, in collaboration
with international organisations, regional governments and the private sector
7.01 Partner with international organisations, regional governments,
development banks and the private sector to improve Internet
accessibility in the Indo-Pacific
7.02 Work with partner countries in the Indo-Pacific to develop domestic
regulatory, legal and institutional frameworks that support
competitive telecommunications sectors
7.03 Promote digital inclusion across the Indo-Pacific through
educational programs, leadership initiatives and strategic
partnerships
Encourage the use of resilient development-enabling technologies for e-governance
and the digital delivery of services
7.04 Work with partner governments, the private sector and financial
institutions across the Indo-Pacific to promote e-governance, online
service delivery and innovative uses of technology for enhanced
economic opportunity and sustainable development
7.05 Provide guidance to ensure that digital technologies used in, or
provided to, Australian aid and non-government projects are safe
and resilient
Support entrepreneurship, digital skills and integration into the global marketplace
7.06 Work with public and private sector partners to encourage
businesses and entrepreneurs to find solutions to regional
development challenges using innovative technologies
7.07 Partner with regional governments, multilateral forums and
educational institutions to build digital-ready workforces and
support digital upskilling across the Indo-Pacific
7.08 Support new technologies and tools for developing countries
to facilitate digital trade, including improvements in policy and
customs practices and better access to trade finance
7.09 Focus Australian Aid for Trade efforts on connecting small
businesses and women entrepreneurs in developing countries to
digital economy opportunities and global supply chains
Comprehensive and coordinated cyber affairs
Enhance understanding of Australia’s comprehensive cyber affairs agenda
8.01 Promote Australia’s vision of comprehensive cyber affairs through
ongoing diplomatic engagement
8.02 Create a Cyber Affairs Curriculum for Australia’s international
representatives through DFAT’s Diplomatic Academy
Increase funding for Australia’s international cyber engagement activities
8.03 Fund new international cyber engagement projects in the
Indo-Pacific through the Cyber Cooperation Program
Coordinate and prioritise Australia’s international cyber engagement activities
8.04 Establish a quarterly whole-of-Government meeting, convened
by the Ambassador for Cyber Affairs, to coordinate and prioritise
Australia’s international cyber activities
8.05 Establish an Industry Advisory Group that meets biannually to
facilitate public-private collaboration on Australia’s international
cyber engagement
