Introduction

Information and Communications Technologies, particularly inexpensive mobile technologies, have not been fully exploited to help address the problems of inadequate authentication and documentation. The "It's Real" Project would foster cheap and simple experiments in third-party authentication to apply voicemail/SMS/MMS/email/online technologies to authenticate documents and agreements.  The “It’s Real” Project would focus on creating trusted third-party relationships, using appropriate technology.

An example of human rights documentation

Let's take a simple example.  To successfully prosecute an alleged war criminal, victim testimony is crucial.  The ideal testimony is from someone with first-hand knowledge, shortly after the event.  Oral, in court testimony is sometimes not technically feasible, and always runs the risk of the victim dying or forgetting before testifying.  Authenticated written affidavits traditionally require a notary, which may not be available shortly after an atrocity.  A human rights researcher who presents a ten-year old transcript of second-hand statement risks being ignored by a court, due to a lack of authentication.  If the same human rights researcher had emailed the statement to a trustworthy third party, and the witness sent an sms authenticating the statement to a trustworthy third party, that statement is much more likely to be considered reliable.  The SMS and email can leave traces regarding the date, time, source and location of the statement.  The end result: the court finds that an atrocity has occurred, beyond a reasonable doubt.  Impunity is lessened.  Helped by a simple SMS and email.

History

Historically, authentication of documents was literally in the hands of the powerful.  A seal, stamp, ribbon, or placement in an officially restricted location showed that a document had legal force.  The logic was in part based on the difficulty of replicating these indicia of reliability, and in part on keeping the power of documentation under tight control.  These documents are not only the basis of traditional history, but the building blocks of the reality backed by the law.  Complex structures of power need documentation to function.  Over time, for the sake of efficiency, many indicia of reliability fell into disuse.  But authentication remains a problem for many.

A flexible approach to appropriate technology

A simple example of documenting human rights abuse was detailed above.  Of course, depending on the technology available, the authentication could vary.  For example, it could also include a MMS documenting physical evidence or the presence of those involved (e.g. the researcher and the survivor).  On the other end, for survivors who are not literate or who are uncomfortable with technology, a system for archiving voicemail may be helpful.  For those with the appropriate technology and need, attachments can be authenticated with the appropriate checksum.  An SMS can indicate an index number for a separate document as well as a brief description, without having to recapitulate the entire document.  The purpose is not to create a single perfect authentication system, but to use appropriate technology to cheaply and simply increase the authentication options available to those currently underserved.

Relationships and institutionalization

Technology will change with the time and place, but a common need will be reliable relationships between people and institutions.  These relationships would be the primary focus of the “It’s Real” project.  An institution that derives its institutional meaning from being a reliable third-party, which can reliably keep a record of communications sent to it, is an important part of a sustainable authentication/documentation solution.  While ad hoc, entirely decentralized solutions may serve some needs, creating a “center of gravity” for documentation can be helpful for efficiency, reliability, and sustainability.  Such an institution may be called a “digital documentation center,” a “registry,” an “archive,” or something else, but the “It’s Real” project will assist experiments in setting up such institutions, or augmenting existing institutions.  This function can be largely automated, and almost free, but it does need to be maintained.  Under certain circumstances, privacy concerns will require ongoing policy development and proper management.

The many uses of authenticating human rights evidence

Those on the margins of society often have the most difficult time authenticating documents, even if they have an urgent need to document human rights abuses they have survived, physical property they have title to, intellectual property they own, contracts they’ve entered,.  Examples of authenticating evidence of human rights abuses have already been described.  Such evidence is important not only in criminal trials, but also potentially in civil trials, truth commissions and inquiries, memorials, scholarship, activism, governmental reform, and the whole panoply of transitional justice tools.  This is particularly useful for those interested in civil society and governance, gender-based violence, international justice, refugees, war crimes, and crisis documentation.

Other uses: Title, patent, copyright, and contract documentation

The uses of such a system go well beyond documentation of atrocity.  With regards to documenting ownership of physical and intellectual property, this authentication can be extremely important for the protection of individuals and communal social, economic, and cultural rights (human rights which are often neglected).  A seminal work on the importance of equalizing access to “title,” recognized documents which allow an individual to maximize the use of physical property, is The Mystery of Capital by Hernando De Soto.  He proved titling can happen cheaply in the global south, and that titling effort can address economic human rights.  While property ownership in the sense of a socially recognized set of rights with response to property is often widespread in the informal economy, those that lack title to the property cannot invest in that property with assurance.  Similarly, MMS/email/online forms could help document the intellectual property of marginalized individuals (from use of natural remedies, to design, to music, to invention) that might otherwise be expropriated by more privileged actors.  Similarly, contracts can empower individuals, but only if those contracts are enforceable.  Authenticating an agreement at a minimal cost can help empower individuals.  These uses are particularly important for those interested in agriculture and food security, economic growth, housing, titling, and intellectual property.

Conclusion

If new techniques of mobile authentication in the global south are shown to work, the demonstration effect could be enormous.  The tools for self-empowerment may literally already be in the hands of those who have access to mobile phones.  With over 4 billion mobile subscriptions worldwide, that is a lot of potential empowerment. In addition:

This is a complicated area, which includes law, field work, IT, and archival work.

I am an attorney, currently practicing international criminal law in The Hague.  I deal with evidence of war crimes and crimes against humanity every day.  I helped file on behalf of the former Prime Minister of Haiti before the Inter American Commision on Human Rights. 

I have worked in the field in Cambodia, Haiti, and elsewhere on human rights documentation and training since the mid-1990s. 

I helped to develop databases to document the atrocities of the Khmer Rouge for the Documentation Center of Cambodia and the Cambodian Genocide Program at Yale University.  I have consulted with human rights groups on information technology and outreach strategies. 

I have worked at the Beinecke Rare Book and Manuscript Library and developed archival solutions using ISIS and UNIDOCS standards.