Posts Tagged ‘Digital’

The big issues for Indian web users

April 15th, 2013

Some of India’s most prominant internet writers, researchers and policy analysts came together in Bangalore on 9 April to discuss “Strengthening Freedom of Expression on the Internet in India”, organised by the Internet Democracy Project.

The subject has been intermittently making headlines in India, with a number of politically motivated arrests made under the Information Technology Act’s controversial Section 66a. Causing more confusion, in 2011, the Minister for Communications & Information Technology, Kapil Sibal, made headlines by asking social media intermediaries to take down “objectionable” content.

At the time, the content in question seemed to be mainly objectionable to to the government itself. The content in question seemed to be mainly objectionable to the government alone.

This caused a huge public uproar, and since then Sibal has exercised more caution, though still maintaining that “the country must have an enabling framework — rules and regulations must not come in the way of the growth of the net.”

As well as Index on Censorship, the roundtable in Bangalore brought together a number of actors, including analysts from social media giants Facebook and Google, as well as Change.org, Wikimedia India Foundation, Medianama, Digital Empowerment Foundation, Open Governance India, Knowledge Commons, Alternative Law Forum, Center for Internet and Society, Tactical Tech, researchers from IIM Bangalore and Aziz Premji University. Journalists from The Hindu, Hindustan Times, DNA and smaller media organisations like Oorvani Media, Mahiti and The Alternative also took part in the debate.

The overall discussion centered around a few key issues, the first being whether the law “protects” free speech as it stands today. Many of those present felt that while Section 66a of The Information Technology Act 2000, which protects against “annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will…” has been misused in the past, it needs to be examined from different angles, such as protecting women from online abuse.

While some writers have outright rejected this argument, the Internet Democracy Project released a draft paper on the subject. In it, they revealed that women think of the internet — social media — as “the street” where they can be taunted and abused in a similar manner to real life. In fact, drawing on the experiences of writer Meena Kandasamy and singer Chinmayi Sripada, who have faced violent abuse on social networks, the panel discussed ways to fend off misogyny that did not involve the law. These included using humour, blocking people, ignoring the comments, and even asking or waiting for others to come to your defence.

Interestingly, many women who were questioned for the study revealed that they prefer not to go to their families to report the abuse, for fear that they would be told to stop spending so much time online. The women and their families also said they had little confidence in going to the police with the same complaints.

This led the panel to discuss beyond the validity of the law — and question the role and capacity of the police in enforcing controversial measures like Section 66a. Some felt that 95 per cent of police on the front lines were not even aware of free speech issues, or the law in question, while others believed that police reforms are the way forward.

Some were unsure if they wanted the police to be tech savvy in the future, suggesting that it could lead to more arrests than there are today. It was agreed that there needs to be more research on the law as it functions today, to understand the crucial role the police will play in upholding it, particularly regarding the role the judiciary currently plays.

The question of defamation was also raised, with some panelists believing that there needs to be a distinction between those who have a small number of followers versus those who have a large following. Can the punishment be the same, if the effect of their status update or tweet is not?

Other discussions assessed challenges to freedom of speech at state level rather than national level and whether or not the mainstream media is forcefully supportive of free speech on the internet. The panelists debated the issue of anonyminity, and whether it is the cause or the solution to some of the free speech issues we see today.

An issue was raised surrounding how internet users are not a core constituency for the government right now; a fact reflected in the budget of the Ministry of Information and Technology, which chooses to focus areas such as computer hardware.

Another question circulating the room was whether strict laws such as Section 66a were designed with the intention to shape the internet a certain way, so that future users simply fall into line. The government’s perspective on the internet’s purposes was also explored, examining whether the National Broadband Network, currently being laid out to connect rural India, was viewed simply as a delivery service platform or for two-way communication.

Two questions that prompted considerable debate were “what is the role — actual or desired — of non legal actors such as intermediaries, pressure groups; the public at large” and “what non-legal strategies can we develop to protect free speech and who should implement such strategies?”

Some suggestions were to try out a “naming and shaming” site or Tumblr account for hate speech, although there were doubts as to how effective it would be. Other panelists advised that intermediaries could reveal more data that could save the government from taking drastic measures — for example, if a certain video was not being heavily viewed from within India, then the government would not feel the need to censor/block a website as it does now.

It was clear that civil society members and even the intermediaries are grappling with the same questions as the government. While a section of Indian society is firmly opposed to laws like Section 66a, there are discussion platforms to help understand how to operate within the constraints of the law.

What Russia censored in February

March 27th, 2013

It became clear in February that internet censorship in Russia could be expanded to include sites with gay content. The State Duma voted for a bill banning “propaganda” for homosexuality involving minors, the second reading of which is scheduled for 25 May.

Many commentators believe that by then the bill will include amendments extending the list of conditions for blocking websites to include those containing information about homosexuality, which could be blocked without a court order. Current laws on protection of children could be similarly amended.

Duma deputy Elena Mizulina stated: “No adult has the right to impose their sexual preferences on a person under 18 years of age. Propaganda for homosexuality should be considered information inappropriate for children.” The League for Internet Safety, which is backed by the Kremlin and was behind the introduction of the register of banned websites in Russia, supports the initiative.

Schools, students, libraries and a post office

Tuva prosecutor demands school filters
On 22 February it was reported by the Ulug-Khem district prosecutor’s office of the Tuva republic that computers in a school that had been discovered in an inspection last October to allow unfettered access to extremist websites were still lacking filtering software. The computers, in a school in the town of Shagonar, allowed access to Islamist, anti-Semitic and fascist videos and books. The prosecutor demanded that the republic’s minister of education penalise the school’s principal and ensure that the school end the violations.

Stavropol attack on “harmful” advertising
On 26 February it was reported that a prosecutor’s audit of the Stavropol region in January had found that internet service providers were placing ads for pornographic materials and films featuring scenes of cruelty on school websites hosted on portals narod.ru and ukoz.ru. On 9 January, the prosecutor’s office told the head of the Stavropol city education office to cease violating legislation on the rights of minors. Ten school principals now face disciplinary action.

Restrictions on student access in Vologda
On 28 February it was reported that the Vologda city prosecutor had found websites containing extremist and pornographic materials and alcohol advertising to be accessible from computers in five schools. The prosecutor told the schools to block students’ access.

Rural school told: block “damaging” information
On 18 February it was reported that the Kalininskii district prosecutor in the Saratov region had found that computers in the Simonovka village secondary school provided access to websites “that could damage the health and moral and spiritual development of children”. The prosecutor told the school administration to cease the violations.

Library must restrict access to explosives sites
On 18 February it was reported that the Khanty-Mansiysk autonomous district prosecutor had found that Beloyarsk library computers provided access to websites with information on manufacturing explosives. The library was told to cease the violations and to bring charges against those responsible.

Surgut prosecutor hits at school porn
On 22 February it was reported that the Surgut district prosecutor had found that computers in the Lyaminsk high school allowed access to pornographic material. The prosecutor demanded that the school install content-filtering software to restrict students’ access to harmful websites.

Amur school instructed to block violence
On 11 February it was reported that the Bureya district prosecutor of the Amur region had found that computers in Rodionovo secondary school allowed access to sites promoting violence and brutality, drugs, pornography and anti-social behaviour. The school principal was ordered to cease the violations and bring disciplinary action against those responsible.

Kostroma post office fined
On 13 February the Kostroma region prosecutor reported that an inspection by the Mezhevsky district prosecutor had revealed that a computer in the Georgievskoe village post office allowed access to extremist materials and information on the manufacturing and use of tobacco and illegal drugs. After a court case, the post office was fined 20,000 rubles (£425).

Bashkortostan court orders school filters
On 13 February it was announced that Dyurtyuli interdistrict prosecutor in Bashkortostan had found that computers in schools provided access to websites with information on narcotics. The prosecutor demanded that the schools install filtering software and limit access to these sites, demands that were backed by a court.

School head sued on access to extremism
On 6 February it was reported that the Umetskii district prosecutor in the Tambov region had found a computer in a local high school that allowed access to extremist materials. The principal of the school was ordered to cease allowing access, and the prosecutor recommended disciplinary charges against the responsible parties.

“Students need protection” in Kineshima
On 6 February the Ivanovo regional prosecutor reported that the Kineshma prosecutor had found that computers in the city’s schools provided access to extremist materials. The schools were ordered to cease violations of anti-extremism legislation.

Salekhard school must install internet filters
On 6 February it was reported that the Salekhard city prosecutor had found that students of a secondary school were inadequately protected from harmful information: computers at the school could be used to access pornographic material, information about manufacturing explosives, and texts with foul language. The principal was ordered to install working internet filters.

Prosecutor demands protection from poetry
On 8 February it was reported that Omsukchan district prosecutor in Magadan had established that filtering software in the Omsukchan village high school was failing to prevent access to extremist materials, including Vladimir Shcherbina’s poem “Progonite zhida” (Chase Away the Jew). The school was ordered to restrict access to the extremist websites.

Extremism

Altai court orders block on 29 websites
On 25 February the Gorno-Altaisk city court upheld the demand of the Altai Republic prosecutor that the regional branch of the ISP Mobil’nye TeleSystemy limit access to 29 websites. The materials include songs on the Federal List of Extremist Materials published on 12 websites, and a book also on the list published on 17 sites. The court ordered the ISP to limit access to these materials. The decision has not yet entered into force.

Saratov prosecutor demands restrictions
On 26 February it was reported that the Leninskii district prosecutor in Saratov had identified several sites “containing public calls for extremist activities, terrorism, incitement of hatred or enmity, as well as humiliation of human dignity”. The prosecutor has ordered the regional branch of the ISP MTS to restrict access to these sites by installing IP-address filtering on its routers.

Extremist sites blocked in Smolensk
On 27 February it was reported that two websites containing extremist material had been blocked in response to a demand from the Roslavl prosecutor in the Smolensk region.

Yekaterinburg authorities block sites
On 27 February the Sverdlovsk regional appeal court considered the regional prosecutor’s appeal against the decision of the Upper Iset Yekaterinburg district court to dismiss the request of Zheleznodorozhnyi district prosecutor in Ekaterinburg to block access to four extremist websites. The appeal court overturned the original decision and ordered the ISP Telnet Service to restrict access to websites on the Federal List of Extremist Materials.

Omsk oppositionist added to register
On 27 February it was reported the administration of LiveJournal.com had blocked the account of Mikhail Yakovlev, the Omsk opposition leader. The author was notified that his page had been added to the Register of Banned Sites. According to Yakovlev, the ban could be related either to his criticism of the Sverdlovsk governor Yevgeniy Kuyvashev or to his liberal position on soft drugs.

Altai demands restrictions
On 18 February the Altai regional prosecutor announced that the Zarinsk prosecutor had identified several websites containing extremist materials and demanded that two ISPs use IP-address filtering to block them.

Kirov action against ISPs
On 18 February the Kirov district prosecutor in Samara filed 10 legal suits against ISPs demanding blocks on websites that contain extremist materials. The suits are currently being considered.

Extremist website accessed from college
On 20 February it was reported that the counterpropaganda officers of the Centre for Extremism Prevention of the Karachay-Cherkessia’s Ministry of Internal Affairs had discovered that computers at the Karachay-Cherkessia College of International Tourism and Hospitality Management in the village of Uchkeken, provided unfettered access to a website included on the Federal List of Extremist Materials. The audit results have been forwarded to the prosecutor’s office.

ISP blocks sites in Smolensk
On 11 February it was reported that in the city of Gagarin in the Smolensk region the ISP Orbit Plus partially blocked access to several sites that published Adolf Hitler’s Mein Kampf and other pro-Nazi texts. Last November the regional prosecutor demanded that the ISP cease violating the Law on Combating Extremist Activity.

Videos barred in Altai
On 13 February the Gorno-Altaisk city court considered a suit filed in January by the Altai republic’s prosecutor against the ISP Rostelecom demanding restrictions on access to extremist videos published via the online social network VKontakte. In the course of the trial it was established that access to the videos had been restricted prior to the start of the trial. The case was subsequently dismissed.

Islamist videos banned in Kursk
On 13 February it was reported that the Zheleznodorozhnyi district prosecutor in Kursk had found extremist materials accessible online including anti-Russian Islamist video clips and other materials aimed at undermining the constitution and justifying murders of law enforcement officers. The ISPs Aksinet and Comstar-Regiony were told to restrict access to the relevant sites and complied with the demand.

Audit of websites in Karachay-Cherkessia
On 5 February the Centre for Extremism Prevention and the FSB of the Karachay-Cherkessia republic identified a publicly accessible website containing extremist material. The audit results have been forwarded to the republic’s prosecutor.

ISP warned in Krasnodar
On 7 February the Krasnodar regional prosecutor reported that the Temryukskii district prosecutor had identified a publicly accessible website, Vilayat Dagestan – maintained by Imarat Kavkaz (“Caucasus Emirate”) organisation – publishing extremist materials. The director of the regional branch of the ISP MTS was warned about about the impermissibility of extremist activity.

Gambling and online casinos

Khanty-Mansiysk court blocks gambling
On 25 February it was reported that the Urai prosecutor in Khanty-Mansiysk autonomous district had been granted court backing to ensure that the ISP Rostelecom block access to gambling websites.

Tula prosecutor goes for pyramid scheme

On 26 February the Sovetskii district prosecutor in Tula sued the ISPs Altair Tula, MTS, RadioPeydzh-T, Tulskii Gosudarstvennyi Universitet and ER-Telecom Holding, demanding that they restrict access to sites of the MMM pyramid scheme.

Ufa prosecutor demands restrictions
On 25 February it was announced that the Sovetskii district prosecutor in Ufa had sued the ISP Ufanet demanding that it block access to 26 gambling websites.

Gambling targeted in Surgut
On 27 February the Khanty-Mansiysk autonomous district prosecutor reported that the Surgut city prosecutor had identified several illegal gambling websites. The prosecutor demanded that six ISPs restrict access.

Tula casino access barred
On 27 February it was reported that the Tsentralnyi district prosecutor in Tula had filed 33 writs against ISPs demanding restrictions on access to online casinos. The Tsentralnyi district court ordered the ISPs to comply.

Pyramid-scheme sites banned in Yamal-Nenets
On 1 March the Yamal-Nenets autonomous district prosecutor reported that the Gubkinskiy city prosecutor had identified pyramid-scheme advertising on 18 websites and that Gubkinskiy city court had accepted the prosecutor’s demand that the ISP Pursatkom restrict access to the sites.

Chita court order ISP to block pyramid schemes
On 19 February it was reported that the central district court of Chita had granted a prosecutor’s request to order the local branch of the ISP Rostelecom to restrict access to the sites of Sergei Mavrodi, the creator of pyramid schemes. The decision has not yet entered into force.

Samara bars gambling ads
On 19 February it was reported that the Neftegorsk interdistrict prosecutor in the Samara region had identified 10 sites that provided information about a pyramid scheme. The Leninskii district court of Samara accepted the prosecutor’s demand that the ISP Rostelecom limit access to these sites. The court’s decisions have not yet entered into force.

Casino sites blocked in Kaliningrad
On 20 February it was announced that the Moscovskii district prosecutor in Kaliningrad had identified two gambling websites. The ISP TIS-Dialogue agreed voluntarily to its demand that it limit access to these sites.

Computer club told to clamp down
On 21 February it was reported that Kurganinskii district prosecutor in Krasnodar had found a pyramid-scheme website to be accessible via a computer club. The prosecutor’s demands that the owner of the club restrict access were accepted by the district court.

Surgut blocks pyramid sites
On 12 February it was reported that the Surgut city prosecutor had successfully moved to restrict access to pyramid-scheme websites.

Online casinos blocked in Samara
On 13 February the Leninskii district court in Samara accepted nine demands from the Chapaevsk prosecutor for restrictions on access to online casinos. The decisions of the court have not yet entered into force.

Tula orders online casino ban
On 15 February it was reported that the Sovetskii district court of Tula had accepted prosecutors’ demands that ISPs Altair Tula, MTS, and ER-Telecom Holding block access to gambling websites.

Casinos blocked in Komi Republic
On 14 February it was reported that the Ukhta city prosecutor had been given court approval for its demand that the ISP GSP restrict access to nine gambling websites.

Drugs

Samara court blocks drug promotion
On 20 February it was announced that the Oktiabrskii district prosecutor in Samara had filed 70 writs demanding restrictions on access to websites promoting illegal drugs. Of these, 43 have been accepted by the local court and the rest are pending. Previously, on 5 February, the Kirov district prosecutor on Samara had successfully demanded restrictions on access to seven sites promoting drugs.

Cannabis sites blocked in Voronezh

On 13 February the Voronezh ISP Votek Mobile was ordered by a district court to limit access to the online cannabis seed distributor Semyanych, kacheli.my1.ru and ganzhaman.tut.by. Votek Mobile closed access to these sites.

And the rest

Move on fake diplomas site
On 8 February the Zhigulevsk city court in Samara backed the city prosecutor’s demand for restrictions on access to a website offering fake diplomas from various educational institutions. The court’s decision has not yet come into force.

Chechnya ban on Islamist TV channel
On 12 February the Leninskii district court of Grozny declared the internet TV channel Imam TV extremist. The site carries Musa Yandyrhanov’s video Napominaniie (Reminder) and talks by other members of illegal armed groups. The court said these materials promoted terrorism, contained incitement to violence against government representatives and incited hatred on religious grounds.

Block on sites giving bribery tips
On 12 February the Bashkortostan republic prosecutor announced that Sharanskii district prosecutor had identified several websites containing tips on giving bribes. The ISP Bashinformsvyaz was made to restrict access to these sites.

User group banned in St Petersburg
On 15 February it was reported that the Centralnyi district prosecutor in St Petersburg had ordered the social network VKontakte to block the user group Childfree. The prosecutor found that the group’s posts contained material violating the rights of minors. The VKontakte administration blocked the user group and deleted all its posts and blocked one user’s account.

ISP sued for posting bribery tips
On 4 February the Nefteyugansk interdistrict prosecutor identified sites containing bribery tips and filed a writ against the ISP Elektrosviazi demanding that it restrict access to these sites.

Orel blocks bribery sites
On 7 February it was reported that the Orel city prosecutor had identified several websites with tips on bribery and had been granted its demand for restrictions on access to the sites.

Post by designer added to banned list
On 5 February the popular designer Artemy Lebedev reported that the ISP Roskomnadzor had added his blog post containing an animated movie, Dumb Ways to Die, to the Register of Banned Sites. Roskomnadzor interpreted the video — a public service announcement by Metro Trains Melbourne in Australia — as promoting suicide.

Andrei Soldatov is a Russian journalist, and together with Irina Borogan, co-founder of the Agentura.Ru website. Last year, Soldatov and Borogan co-authored The New Nobility: The Restoration of Russia’s Security State and the Enduring Legacy of the KGB (PublicAffairs)

Threats to online free speech are a civil society defeat, says Internet Bill of Rights sponsor

March 27th, 2013

Brazil’s constitution protects free speech, but antiquated local laws often threaten this fundamental right in digital spaces.

The latest statistics from Google’s Transparency Report show that Brazil issues the third most court orders for content removal behind the US and Germany. Recent cases, including the arrest of a Google executive for refusing to take down a video from YouTube, highlight the growing need for reform.

The Marco Civil da Internet, a draft bill that’s been in the works for several years, aims to guarantee greater freedom of expression, net neutrality, and the protection of private user data online in Brazil. I recently spoke with Alessandro Molon, a congressman from Brazil’s centre-left Workers’ Party and the bill’s rapporteur, about what many are calling the first Internet Bill of Rights.

marco-civil

The Marco Civil draft bill will be Brazil’s first Internet Bill of Rights — but its progress has slowed significantly

The idea of a Brazilian regulatory framework for internet civil rights first emerged in 2007 when civil society began urging lawmakers to stop prioritising cybercrime over civil rights online. The Ministry of Justice, NGOs and academics joined forces in 2009 to launch the Marco Civil draft bill initiative as a piece of crowdsourced collaborative legislation. Thousands of people have since participated in public consultations online to help shape the bill’s direction.

The word “marco” in Portuguese means framework. “Marco Civil is about the rights of people online, but it should also be seen as a framework for the legislative process,” Molon says. “I think the way it was drafted has shown Brazilian lawmakers that civil society input can create stronger legislation. It’s a medicine to heal the distance between representatives and those they represent, which is a big problem in our democracies today.”

In addition to specific provisions around net neutrality and privacy, Marco Civil addresses basic internet access as fundamental for the advancement of freedom of expression and other civil rights. Only 40 per cent of Brazilians use the internet, meaning more than 100 million still lack access in the country.

Molon sees Marco Civil as an important step in guaranteeing a free, open, democratic and decentralised internet. He also see its collaborative genesis as a legislative model that should be replicated in countries around the world.

Bringing everyone to the table is certainly democratic, but it can also be slow. After nearly coming to vote four times in the Chamber of Deputies, Brazil’s lower house, the bill has been pulled from the docket each time for a variety of reasons including lack of quorum, consent and support.

Marco Civil has also been slowed by private companies interested in strengthening copyright laws and those with business models dependent on user data lobbying for amendments. These efforts mirror the corporate influence that nearly pushed SOPA and PIPA into law in the US and that are stalling the EU’s proposed new data protection regulations.

Voting on Marco Civil was most recently postponed in November after two amendments introduced troubling provisions around net neutrality and copyright infringement. Without adequate safe harbour provisions, which protect internet companies from being held liable for their users’ actions, companies often restrict more content than legally required to stay safely within the confines of the law, thus chilling free speech.

The same day the bill was recently derailed, Brazil approved two cybercrime bills.

“That was a civil society defeat,” Molon said. “We wanted Marco Civil to be the first Brazilian law about the internet. Unfortunately, it’s easier to decide what should be seen as a crime than to guarantee the rights of citizens, but that has to change.”

The new cybercrime laws revise Brazil’s Penal Code, criminalising the use and distribution of security circumvention software in some cases. The controversial Azeredo bill, which Molon says “almost criminalised everything on the internet”, was watered down through legislative changes and presidential vetoes, making it less threatening to freedom of expression than originally intended.

Another blow for Marco Civil came in December when Brazil joined Russia and China in signing on to new regulations at the World Conference on International Telecommunications (WCIT) in Dubai. Opponents of the new regulations worry provisions around spam and security will be used to restrict internet access and freedom of expression online when they come into effect in 2015.

Molon was opposed to the new regulations and says he worked hard to pass Marco Civil before  the Dubai summit so that Brazil would have a clear position at the conference. “I regret that we didn’t have this in Dubai. It shows how urgent passing March Civil will be, giving Brazil a much more pioneering position in internet legislation and regulation in the world.”

Molon suggests that global conversation around Marco Civil is helping the country achieve a leading role in internet governance and free expression even though the bill is not yet law. “Because of the kind of legislation we are discussing on the internet, Brazil is occupying a more important role in the world nowadays. This shows our aspirations, which must be confirmed by turning the bill into law.”

Molon is optimistic Marco Civil will finally come to vote in the Chamber of Deputies before July and be approved into law by the end of 2013. If the bill is to guarantee online freedom of expression,which is its most central aim, then recent amendments around net neutrality and intermediary liability must be revised. Backlash to such revisions are likely to stretch the bill through another year of deliberations if Marco Civil is to become the first Internet Bill of Rights and a positive legislative model for other countries.

Brian Pellot is digital policy adviser at Index

Global view

March 26th, 2013

Index CEO Kirsty Hughes looks at the current climate for free speech around the world, from press regulation in the UK to ongoing challenges to digital freedom (more…)

New Microsoft report: a step towards transparency

March 21st, 2013

Microsoft released its first ever Law Enforcement Requests Report today, revealing that the company and its subsidiary Skype received over 75,000 requests for user data from law enforcement agencies around the world in 2012. This is an important step towards greater transparency, one privacy and freedom of expression advocates have actively encouraged in recent months.

In a statement  announcing the report, Microsoft’s General Counsel Brad Smith acknowledged “the broadening public interest in how often law enforcement agencies request customer data from technology companies and how our industry responds to these requests” and commended Google and Twitter for leading the way with their annual transparency reports. In addition to user data requests, Google’s reports reveal takedown requests and, for the first time two weeks ago, the number of secretive national security letters it receives from the US government each year. Index encourages Microsoft to reveal this data in subsequent reports. As the number of companies issuing transparency reports grows, we encourage government agencies to do the same in the name of greater transparency and accountability.

Click here to read Microsoft’s report . Standout statistics include:

  • 99 per cent of the 1,558 requests Microsoft complied with by disclosing customer content came in response to lawful warrants from US courts.
  • Skype released no content in response to the 4,713 requests for user data it received but did release user account information in some cases.
  • Two-thirds of the cases in which Microsoft disclosed non-content (ie user account details) came in response to requests from the US, the UK, Turkey, Germany and France.

 

Surveillance, security and censorship

March 19th, 2013

The potential for communication brought about by the web is matched only by its potential as a surveillance tool. UN Rapporteur on free expression Frank La Rue recently announced that his next report will be on state surveillance and the web. In the UK, the government has vowed to reintroduce the Communications Data Bill, known commonly as the “snooper’s charter” which aims to give the authorities unprecedented powers to store, monitor and search private data. In Australia, the government has proposed similar powers and also suggested social networks should allow back-door surveillance of users.

It’s not just state gathering of data that worries people, of course. Many people object to the hoovering up and monetisation of data posted on public and private networks by the many private web companies whose services so many of us now use.

The right to privacy and the right to free expression often go hand in hand. Surveillance is bound to curtail what we say, and enable what we say to be used against us.

In Stockholm last week, Google brought together experts from politics, business, policing and civil liberties to discuss the complex intermingling of free speech, security and surveillance online.

Hosted in a former church overlooking Stockholm Harbour, the latest “Big Tent” event was kicked off with a discussion between Swedish Foreign Minister Carl Bildt and Google’s Global Head of Free Expression Ross Lajeunesse.

Bildt raised a laugh while voicing confusion over the safety of “cloud computing”, asking “Where is the bloody cloud?”

But Lajeunesse insisted that cloud computing is the best way to guarantee safety from hacking and theft, adding that Google’s gmail is encrypted in an effort to protect users from surveillance.

Discussing China’s method’s of web censorship and surveillance (Read Index’s China correspondent here), Bildt put forward the interesting proposition that the authorities use of “50 cent party” a network of thousands of civilians paid to post pro government content in web conversations, was perhaps a sign the authorities had admitted that censorship had failed, as the government seemed to have conceded that you know had to argue your case rather than censor others.

Lajeunesse was hopeful for Chinese web users, simply saying that 700 milllion people who want access to information cannot be held back.

The reasoning behind state surveillance was discussed in a later panel. After Francesca Bosco, of the United Nations Interregional Crime and Justice Research Institute gave a frankly terrifying account of cyber crime and web security (in brief, there’s a lot of crime and no real security), Brian Donald of Europol discussed the need for surveillance, citing examples of tracking people engaged in the trade of images of child sexual abuse. He countered fears of dragnet surveillance expressed by Eva Galperin of the Electronic Frontier Foundation and Jacob Mchangama of Danish civil liberties group CEPOS, saying that he was in fact limited in his powers to fight crime by European data protection laws.

Galperin and Mchangama both also expressed concern over the policing and surveillance of not just of crime, but of speech online (a subject of considerable debate in the UK).

It seems like the back-and-forth on these issues will not be resolved any time soon. Security, surveillance and free speech have always been intertwined. But mass use of the web, as our lives move online, makes the debate on achieving a balance all the more urgent.

Getting copyright right

March 12th, 2013

“Digital” means copying. Attempts to defend copyright the old-fashioned way could have unforeseen consequences for the web, says Joe McNamee.

This article was originally published on Open Democracy, as a part of a week-long series on the future digital freedom guest-edited by Index

(more…)

Gathering clouds over digital freedom?

March 11th, 2013

The debate over the direction of the web has just started, and contradictory messages that need careful scrutiny are emerging from governments and corporations alike, says Kirsty Hughes

This article was originally published on Open Democracy, as a part of a week-long series on the future digital freedom guest-edited by Index
(more…)