Index Index – International free speech round up 13/02/13

YouTube filed lawsuit against the Russian government on 11 February, to contest its latest cybercrime law to censor websites deemed harmful to children. The case was filed after Russian regulators decided to block a joke YouTube video entitled ”Video lesson on how to cut your veins =D,” which showed viewers how to fake slitting their wrists. Rospotrebnadzor, the federal service for consumer rights, said the video glorified suicide and was therefore illegal under the law enacted in November, which has been criticised for being vague and overtly broad. YouTube owners Google proceeded to restrict access to the video in Russia before the lawsuit was filed. In the first legal challenge made against the law, YouTube objected to the ruling in a statement released on 12 February, saying that the law should not extend to limiting access on videos uploaded for entertainment purposes.

Faisal Khan - Demotix

An Indian soldier stands alert in Srinagar, Kashmir during a curfew to curb protest over the hanging of Afzal Guru

A politician in Azerbaijan has offered a cash reward to any person who finds and cuts of the ear of an author who wrote a book about the conciliation of Azeris and Armenians, it was reported on 12 February. Akram Aylisli’s book Stone Dreams has stirred up controversy for referencing Azerbaijan’s violence against Armenians during riots preceding the collapse of the Soviet Union. The party of Hafiz Haciyev, the head of a pro-government political group in Azerbaijan have offered 10,000 manat (£8,000) for the ear of the writer, as part of a sustained hate campaign against Haciyev. He has been expelled from the Union of Writers, had his presidential pension revoked and his wife and son have lost their jobs. Protestors around the country have burned books and effigies of Haciyev. As Azerbaijan’s President, Ilham Aliyev approaches re-election later this year, the sustained negativity projected onto Haciyev is said to be a facade to hide the government’s internal issues amidst growing unrest.

Following protests in Kashmir over the execution of a man convicted of terrorism on 9 February, Kashmir’s internet and news outlets have been suppressed, and the entire Kashmir valley subjected to a strict curfew. Television channels and mobile internet were suspended immediately after Afzal Guru was hanged on 9 February. Local newspapers were forced to cease reporting the following day without warning — and have yet to be published since. Only the government, using state run service provider Bharat Sanchar Nigam Limited, has access to the internet. Some residential districts of Srinagar reported to receive some TV news channels on 10 February, but privately-owned channels had to suspend news services at the request of the government. Afzal Guru’s execution in a New Delhi prison on 9 February prompted protests in three areas of India administered Kashmir, surrounding claims the men accused were given an unfair trial. Guru was sentenced to death for helping to plot a 2001 attack on the Indian parliament that left 14 people dead.

In Somalia, a journalist has been detained without charge for defending press freedom, after a woman who claimed she was raped and the journalist who interviewed her were imprisoned. Daud Abdi Daud remains in custody since 5 February, after he spoke out in a Mogadishu court against the one year jail sentence given to Abdiaziz Abdinuur and the alleged rape victim on 5 February. Daud Abdi said journalists should be able to interview who they wish, saying he would make attempts to interview the president’s wife, causing the police to arrest him. Daud Abdi was later transferred from police custody into Mogadishu Central Prison. On 6 February, the attorney general ordered his continued detention at the Police’s Central Investigation Department.

Carmarthenshire County Council’s decision to pursue a libel case using public funding has been criticised. The council’s chief executive Mark James appeared in London’s Royal Courts of Justice today (13 February) where he and blogger Jacqui Thompson are suing each other for defamation following a series of comments posted online. James’s costs were indemnified by the council after a controversial decision in 2008, allowing public money to be used to fund libel lawsuits. Carmarthenshire County Council is believed to be the only authority to allow this in the UK, and the Welsh Assembly has questioned its legality, after an order they made in 2006 forbade local authorities from offering indemnities in libel cases. Carmarthenshire County Council said they had relied upon section 111 of the Local Government Act 1972, rather than the 2006 law. The case likely to cost a six or seven figure sum, according to reports.

Index Index – International free speech round up 13/02/13

YouTube filed lawsuit against the Russian government on 11 February, to contest its latest cybercrime law to censor websites deemed harmful to children. The case was filed after Russian regulators decided to block a joke YouTube video entitled “Video lesson on how to cut your veins =D,” which showed viewers how to fake slitting their wrists. Rospotrebnadzor, the federal service for consumer rights, said the video glorified suicide and was therefore illegal under the law enacted in November, which has been criticised for being vague and overtly broad. YouTube owners Google proceeded to restrict access to the video in Russia before the lawsuit was filed. In the first legal challenge made against the law, YouTube objected to the ruling in a statement released on 12 February, saying that the law should not extend to limiting access on videos uploaded for entertainment purposes.

Faisal Khan - Demotix

An Indian soldier stands alert in Srinagar, Kashmir during a curfew to curb protest over the hanging of Afzal Guru

A politician in Azerbaijan has offered a cash reward to any person who finds and cuts of the ear of an author who wrote a book about the conciliation of Azeris and Armenians, it was reported on 12 February. Akram Aylisli’s book Stone Dreams has stirred up controversy for referencing Azerbaijan’s violence against Armenians during riots preceding the collapse of the Soviet Union. The party of Hafiz Haciyev, the head of a pro-government political group in Azerbaijan have offered 10,000 manat (£8,000) for the ear of the writer, as part of a sustained hate campaign against Haciyev. He has been expelled from the Union of Writers, had his presidential pension revoked and his wife and son have lost their jobs. Protestors around the country have burned books and effigies of Haciyev. As Azerbaijan’s President, Ilham Aliyev approaches re-election later this year, the sustained negativity projected onto Haciyev is said to be a facade to hide the government’s internal issues amidst growing unrest.

Following protests in Kashmir over the execution of a man convicted of terrorism on 9 February, Kashmir’s internet and news outlets have been suppressed, and the entire Kashmir valley subjected to a strict curfew. Television channels and mobile internet were suspended immediately after Afzal Guru was hanged on 9 February. Local newspapers were forced to cease reporting the following day without warning — and have yet to be published since. Only the government, using state run service provider Bharat Sanchar Nigam Limited, has access to the internet. Some residential districts of Srinagar reported to receive some TV news channels on 10 February, but privately-owned channels had to suspend news services at the request of the government. Afzal Guru’s execution in a New Delhi prison on 9 February prompted protests in three areas of India administered Kashmir, surrounding claims the men accused were given an unfair trial. Guru was sentenced to death for helping to plot a 2001 attack on the Indian parliament that left 14 people dead.

In Somalia, a journalist has been detained without charge for defending press freedom, after a woman who claimed she was raped and the journalist who interviewed her were imprisoned. Daud Abdi Daud remains in custody since 5 February, after he spoke out in a Mogadishu court against the one year jail sentence given to Abdiaziz Abdinuur and the alleged rape victim on 5 February. Daud Abdi said journalists should be able to interview who they wish, saying he would make attempts to interview the president’s wife, causing the police to arrest him. Daud Abdi was later transferred from police custody into Mogadishu Central Prison. On 6 February, the attorney general ordered his continued detention at the Police’s Central Investigation Department.

Carmarthenshire County Council’s decision to pursue a libel case using public funding has been criticised. The council’s chief executive Mark James appeared in London’s Royal Courts of Justice today (13 February) where he and blogger Jacqui Thompson are suing each other for defamation following a series of comments posted online. James’s costs were indemnified by the council after a controversial decision in 2008, allowing public money to be used to fund libel lawsuits. Carmarthenshire County Council is believed to be the only authority to allow this in the UK, and the Welsh Assembly has questioned its legality, after an order they made in 2006 forbade local authorities from offering indemnities in libel cases. Carmarthenshire County Council said they had relied upon section 111 of the Local Government Act 1972, rather than the 2006 law. The case likely to cost a six or seven figure sum, according to reports.

Google Transparency Report reveals record high government requests

Governments and courts in 31 countries requested data from 33,634 Google users or accounts in the second half of 2012 according to the company’s latest Transparency Report.

While the number of data requests rose by two per cent — from 20,938 to 21,389 — the proportion of requests Google fully or partially complied with dropped by one point — to 66 per cent.

The US led the pack in number of requests, accounts specified and percentage honoured. American law enforcement agencies issued 8,438 requests for data from 14,791 accounts, 88 per cent of which Google fully or partially complied with. Other countries issuing more than 1,000 requests in late 2012 were India, France, Germany, the UK and Brazil.

The 1986 Electronic Communications Privacy Act (ECPA) compels Google to comply with government requests. This was the company’s first Transparency Report to breakdown the proportion of requests by legal process used.

68 per cent of requests came via subpoenas — without a warrant — under the ECPA. Warrants are not required for access to data more than 180 days old. 22 per cent of requests came with a warrant, and the remaining 10 per cent were uncategorised.

“We believe the US laws should be updated,” William Echikson, Head of Free Expression Policy and PR for EMEA at Google, told Index. “Our users deserve to have their online correspondence and documents afforded the same legal protections from government access as they get for their physical documents.”

According to the report, Google reviews each request to ensure its compliance with “both the spirit and the letter of the law” and sometimes tries to narrow the data requested.

“Debates about government surveillance should start with data,” Echikson added.  “Our disclosures are only a tiny sliver of what’s happening on the Internet at large.”

Echikson said he hopes more companies and governments will join Google to increase transparency and keep citizens informed by releasing similar data. Competitors and collaborators alike are doing just that, but to varying degrees and with varying success.

In 2012, Dropbox, LinkedIn and Twitter shared similar statistics. The Electronic Frontier Foundation’s (EFF) 2012 report “Who Has Your Back” rates 18 companies on transparency regarding government requests for user data. These ratings take into account whether companies tell their users about government data demands and whether they fight for user privacy in courts and congress. Only Sonic.net, an ISP based in California, earned full stars in each category of EFF’s privacy and transparency report.

Google’s latest Transparency Report does not include content removal requests. Company officials said those numbers will be released separately in several months time.

Brian Pellot is the digital policy adviser at Index.

Index Index – International free speech roundup 21/01/13

Two journalists have been killed in Syria while reporting on the front line. French journalist Yves Debay was shot twice while covering the conflict between the Syrian regime’s army and rebel forces on 17 January, reportedly killed by a regime sniper. Al Jazeera correspondent Mohamed Al-Massalma was shot with three bullets the following day during fights in the town of Busra Al-Harir in the southern province of Deraa. The Syrian journalist for Al Jazeera, who used the pseudonym Mohamed Al-Horani, was an activist in the revolt against President Bashar al-Assad before he joined the news network. More than 60,000 people have died since the Syrian conflict began in March 2011.

Eva Rinaldi - Flickr

Lupe Fiasco – ejected at Obama’s reelection event

On 17 January, a Cameroonian man who text his friend saying “I’m very much in love with you” had a three year jail sentence upheld. Jean-Claude Roger Mbédé had already served a year and a half in prison for homosexual conduct when he was released on bail for medical reasons in July 2012 — he was malnourished and injured after being assaulted. Cameroon is considered the worst place in Africa for persecution of homosexuals. Last year, 14 people were arrested for homosexuality, 12 of whom were prosecuted.

On 19 January, a journalist in Somalia was killed whilst walking to work. Abdihared Osman Aden, a veteran producer for Shabelle Media Network was shot by unidentified assailants, becoming the fifth Shabelle worker to be murdered in 13 months. Twelve journalists were killed in Somalia in 2012, the highest rate of murders in Africa that year. All the deaths from last year remain unsolved, accoring to Committee to Protect Journalists’ research. President Hassan Sheikh Mohamoud had vowed to establish a task force to investigate the deaths of media workers in November, but has failed to take action so far, according to local journalists.

Google will decline personal information requests from authoritarian governments in Africa, it announced on 17 January. In a press conference in Nairobi, Google Executive Chairman Eric Schmidt said Google are careful where they place servers and staff, as refusing frequent information requests from the government could lead to arrests and harassment.

Rapper Lupe Fiasco was removed from the stage during an event to celebrate Barack Obama’s inauguration. Headlining the StartUp RockOn concert, Fiasco took to the stage at The Hamilton in Washington, saying that he didn’t vote for Obama during a 30-minute anti-war performance. The performance ended with security eventually moving him along for the next performer, after the rapper refused to leave the stage. Co-founders of the festival Hypervocal later released a statement putting the removal of the star down to a “bizarrely repetitive, jarring performance”, as opposed to his opinions. Lupe Fiasco has previously voiced opposition to the Obama administration, when discussing the President ordering drone attacks.