Calling on African governments to protect and promote human rights through internet freedom and digital integration for all citizens across the continent of Africa.

IV 116TH CONGRESS 1ST SESSION H. RES. 768 Calling on African governments to protect and promote human rights through internet freedom and digital integration for all citizens across the con- tinent of Africa. IN THE HOUSE OF REPRESENTATIVES DECEMBER 17, 2019 Ms. BASS (for herself and Mr. SMITH of New Jersey) submitted the following resolution; which was referred to the Committee on Foreign Affairs RESOLUTION Calling on African governments to protect and promote human rights through internet freedom and digital inte- gration for all citizens across the continent of Africa. Whereas access to information and freedom of expression are pillars of an open, free, and democratic society; Whereas open and secure access to the internet enables the exercise of human rights and freedom of expression, al- lowing people to connect, access information, and partici- pate in a global society; Whereas according to Access Now, there were 21 instances of partial or total internet shutdowns in Africa in 2018, compared with only 4 in 2016; Whereas governments, including those of Chad, Cameroon, Ethiopia, Uganda, Sudan, and Zimbabwe, have restricted VerDate Sep 11 2014 22:40 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HR768.IH HR768 kjohnson on DSK79L0C42 with BILLS 2 •HRES 768 IH access to the internet and disrupted networks, online ap- plications, and services to censor and interfere with the flow of information during politically sensitive moments, including elections, political protests, and mass dem- onstrations, when unfettered journalism, public oversight, and political participation are crucial to bolster demo- cratic processes and the rule of law; Whereas governments often attempt to justify partial or total internet shutdowns for purposes of security or to stop the spread of false information; Whereas the frequency of internet shutdowns has increased across Africa, levying broad economic costs and directly violating citizens rights to freedom of expression and ac- cess to information; Whereas African whistleblowers, journalists, bloggers, and other media workers often lack legal protection and suf- fer harassment and detention at the hands of government authorities, often facilitated by invasive and unauthorized surveillance, with the encouragement, technical expertise, and financial support of foreign entities and govern- ments; Whereas some African governments have introduced taxes to discourage citizens from sharing and accessing informa- tion in the digital space, and have imposed laws and reg- ulations that often target journalists, bloggers, activists, and others, banning speech and discouraging expression in the digital space; Whereas those operating independent news websites and blogs are obstructed through blocking and censorship, burdensome licensing requirements, and regulatory meas- VerDate Sep 11 2014 22:40 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HR768.IH HR768 kjohnson on DSK79L0C42 with BILLS 3 •HRES 768 IH ures that effectively limit their audience and their liveli- hoods; Whereas many African governments lack robust data protec- tion and privacy laws, and the systems to implement such laws, leaving the privacy of citizens exposed and suscep- tible to infringement; Whereas the Communist government in China, through the desire to build a ‘‘digital Silk Road’’, has increased cyber activity in Africa through telecommunications contracts and fiber optic networks which can expose individuals to greater monitoring and surveillance, and has exported technology and training to authoritarian officials that have made it easier to restrict internet access in many African countries; Whereas Huawei Technologies has reportedly sold products and services to African governments that have been used to support spying on political opponents; and Whereas Russia has been testing new disinformation tech- niques and tactics through a series of online networks linked to Yevgeny Prigozhin, a Russian oligarch indicted by the United States for meddling in the United States Presidential election in 2016, in African countries that include Sudan, Cameroon, Libya, and Mozambique: Now, therefore, be it Resolved, That the House of Representatives— 1 (1) strongly condemns the restriction or disrup- 2 tion of the internet through methods including net- 3 work shutdowns, disruptions, use of ‘‘kill switches’’, 4 bandwidth throttling, high taxes, and the blocking of 5 applications and services across Africa, and any ef- 6 VerDate Sep 11 2014 22:40 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HR768.IH HR768 kjohnson on DSK79L0C42 with BILLS 4 •HRES 768 IH forts by foreign governments to facilitate such activ- 1 ity; 2 (2) urges African governments to— 3 (A) promote inclusive and meaningful par- 4 ticipation by all stakeholders in the development 5 of policies on telecommunications, internet gov- 6 ernance, information and communications tech- 7 nologies, and infrastructure; 8 (B) prevent the use of broad and invasive 9 surveillance technologies that violate privacy 10 and discourage the freedom of expression of all 11 users, particularly journalists, bloggers, and 12 their sources, and to ensure accountability for 13 crimes against them; 14 (C) actively pursue laws and policies that 15 protect and promote human rights online and 16 offline and review laws that criminalize free 17 speech that are used to harass and prosecute 18 those who offer dissenting views and informa- 19 tion; 20 (D) resist new contracts with authoritarian 21 states, like China, and avoid digital governance 22 models that enable technoauthoritarianism and 23 invasive surveillance capabilities that undermine 24 VerDate Sep 11 2014 22:40 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HR768.IH HR768 kjohnson on DSK79L0C42 with BILLS 5 •HRES 768 IH human rights and restrict fundamental free- 1 doms; and 2 (E) work closely with technology compa- 3 nies and social media services to prevent or 4 take down disinformation, including 5 disinformation disseminated by Russia and 6 other actors; 7 (3) urges telecommunications providers and 8 internet platforms to employ legal, operational, and 9 technical measures to promote and facilitate the ex- 10 ercise of human rights online, and disclose requests 11 from governments or other parties to hand over user 12 data and to disrupt networks, and their responses 13 thereto; 14 (4) urges businesses operating in Africa to fa- 15 cilitate open and secure access to the internet, and 16 work with stakeholders to prevent, mitigate, and 17 remedy harms from internet shutdowns and other 18 disruptions to the free flow of information online; 19 and 20 (5) urges businesses operating in Africa to af- 21 firm the United Nations Guiding Principles on Busi- 22 ness and Human Rights, and adhere to best prac- 23 tices, scrutinizing government or other third-party 24 requests to interfere with networks, applications, 25 VerDate Sep 11 2014 22:40 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\HR768.IH HR768 kjohnson on DSK79L0C42 with BILLS 6 •HRES 768 IH services, and personal data for any potential human 1 rights impacts. 2 Æ VerDate Sep 11 2014 22:40 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\HR768.IH HR768 kjohnson on DSK79L0C42 with BILLS