Issue of Corporate Responsibility

order to build robust systems. Taking in a DFM methodology in building these protocols has potential to create highly robust and secure systems with real life experiences. It seems logical to consider the worst-case scenario first. Yet, most of those developing these tools or protocols do not do this and are not aware of the decentered cases that need to be considered. We can identify the larger holes and gaps in our systems by building them for those most marginalized, criminalized, who are the most likely targets for the weaponization of tech.

Designing and developing tools with an understanding of potential harms and human rights abuses is not about optimization or increased revenue (though the byproduct can lead to that), it is also about corporate responsibility. Corporations as a whole – and not only the legal and policy teams – have a responsibility to create safe products for those who rely on their products. The burden of protection should not be solely on users: UN standards make clear that companies have human rights responsibilities.94 Companies must make the concerted effort to understand their users’ environments and experiences, especially those most marginalized and impacted. As these technologies expand in use and importance, recognition of human rights responsibilities is critical. Businesses have an obligation to provide proactive protective, security, and safety measures to their users. Proper planning and assessment of how technologies are used might help mitigate some of the negative impact on users: while it is certain that there will still be some unforeseen consequences, there are initiatives, standards, and efforts which can and should be put in place to predict and minimize threats to users.95 Providers therefore have a responsibility to protect the users of their products by implementing prevention and mitigation strategies. They must practice due diligence and make proactive efforts to support users in staying safe: Designing

94 For example, the UN Guiding Principles on Business and Human Rights Ohchr.org. 2021. [online] Available at: <https://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf> [Accessed 22 December 2021].

95 The framework established in the UN Guiding Principles on Business and Human Rights (UNGPs) provides a valuable starting point and a minimum baseline for understanding the human rights responsibilities of business enterprises in the ICT sector. Team, O., 2022. ODS HOME PAGE. [online] Documents-dds-ny. un.org. Available at: <https://documents-dds-ny.un.org/doc/UNDOC/GEN/G16/095/12/PDF/G1609512. pdf?OpenElement> [Accessed 6 April 2022].