In 2014, the UN Human Rights Committee published its Concluding Observations on the United States’ fourth periodic report on the progress of the implementation of the International Covenant on Civil and Political Rights (UN Doc CCPR/C/SR/3061), in which also the US surveillance practices are criticised. The Committee’s insistence on the right to privacy and its exterritorial effect is an important first step, but it is not comprehensive, as by remaining within the individual rights framework the UN Human Rights Committee fails to sufficiently take into account the systemic challenges in play. Developing a constitution of the Internet would necessitate not only protecting individual fundamental rights against state interference, but protecting communicative spheres by guaranteeing institutional autonomies and subjecting all social spheres to democratic control; this also requires opening up spaces for a critical public, including whistleblowers, and establishing a right to cryptography – a crucial refraction in the polycentric panoptic schema.
