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the problem and want to increase their security,they have few funds to spend on prevention or donot know where to start. There is a lack of technicalknowledge and skills in the human rights andmedia community.and establish some protocols and proceduresin case you are targeted. If you think you are sufferinga digital attack, turn to a trusted technicalexpert or international organisation or make aself-assessment. 22Intermediary liability and state surveillanceHow can you mitigate the threatsand where do you find support?There are a number of ways to be more preparedfor a digital emergency as an individual or organisation.Prevention is key: try to increase the overalldigital security awareness and practices of yourorganisations, 21 establish a relationship with atechnical person you trust and can turn to for immediateadvice, make a thorough threat analysis,21 Tactical Tech Collective and Front Line Defenders, Security in a Boxhttps://securityinabox.org/ and Electronic Frontier Foundation,Surveillance Self-Defense https://ssd.eff.org/riskConclusionThe field of digital emergency support for humanrights defenders, journalists and bloggers aroundthe world is still emergent. The intangible natureand rapidly changing technical environment makesit difficult to mitigate digital threats. It is crucial tounderstand what the different threats are and workon prevention. If you are in the midst of a digitalattack, turn to a trusted technical expert or internationalorganisation for support.22 Digital First Aid Kit digitaldefenders.org/wordpress/launch-ofthe-digital-first-aid-kitor on GitHub https://github.com/RaReNet/DFAKElonnai HickokCentre for Internet and Society (CIS) Indiawww.cis-india.orgIntroductionOn 30 June 2014, The Right to Privacy in the DigitalAge: Report of the Office of the United NationsHigh Commissioner for Human Rights (OHCHR) waspublished. 1 The Report recognises the relationshipbetween service providers and surveillance and theincreasing trend of privatised surveillance, noting:There is strong evidence of a growing relianceby Governments on the private sector to conductand facilitate digital surveillance. On everycontinent, Governments have used both formallegal mechanisms and covert methods to gainaccess to content, as well as to metadata. Thisprocess is increasingly formalized: as telecommunicationsservice provision shifts from thepublic sector to the private sector, there hasbeen a “delegation of law enforcement andquasi-judicial responsibilities to Internet intermediariesunder the guise of ‘self-regulation’ or‘cooperation’”. 2This report will explore how legal requirements,practices and policies pertaining to intermediary liabilityare feeding into this growing trend throughthe incorporation of requirements for intermediariesthat facilitate surveillance. In doing so, thisreport will explore aspects of intermediary liabilitypolicies and practices, and how these pertain to andenable state surveillance. Lastly, the report will lookat gaps that exist in policies pertaining to privacy,surveillance and intermediary liability.Intermediaries and privacyOnline communications, interactions and transactionsare an integral component of our everydaylives. As such, intermediaries – including, thoughnot limited to, search engines, social networks,1 www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session27/Documents/A.HRC.27.37_en.pdf2 Ibid.cyber cafés, and internet and telecommunicationservice providers – play a critical role with respectto user privacy. As individuals utilise intermediaryplatforms on a daily and routine basis, from searchingfor information on the internet, to postingupdates to a social media account, to using voiceover-internet-protocol(VoIP) services to connectwith friends and colleagues, or using the servicesof a cyber café, intermediaries host, retain and haveaccess to vast amounts of personal data of theirusers across the world, irrespective of jurisdiction.In this context, company practices and a country’slegal regulations have a far-reaching impact on therights – specifically privacy and freedom of expression– of both national and foreign users.Intermediaries, governmentsand surveillanceThe Right to Privacy in the Digital Age also notesthat the internet and associated technologies allowgovernments to conduct surveillance on anunprecedented scale. This was highlighted by therevelations by Edward Snowden, which demonstratedthe scope of access that the United States(US) government had to the data held by internetcompanies headquartered in the US. The revelationsalso underscore the precarious position thatcompanies offering these services and technologiesare placed in. Though the scope and quantityof data collected and held by an intermediary varydepending on the type of intermediary, the servicesoffered and the location of its infrastructure, governmentshave recognised the important role ofintermediaries – particularly in their ability to assistwith state surveillance efforts by providing efficientaccess to vast amounts of user data and identifyingpotentially harmful or threatening content. Withinthis, there is a shift from reactive government surveillancethat is based on a request and authorisedorder, to partially privatised surveillance, with companiesidentifying and reporting potential threats,retaining information, and facilitating access tolaw enforcement. Indeed, the OHCHR in the Rightto Privacy in the Digital Age notes that the surveillancerevealed by Snowden was facilitated in part44 / Global Information Society Watch Thematic reports / 45