Renesys confirms loss of Syrian Internet connectivity 18:43 UTC.BGP routes down, inbound traces failing.@geeknik

— Renesys Corporation (@renesys) May 7, 2013

Syrian residents have confirmed that the internet is down to the BBC, but both landlines and mobile phones are still working.

Internet and mobile connectivity was shut down in November 2012.

The post Internet outage in Syria appeared first on Index on Censorship.

The survey — a joint effort between researchers at the Qatar campus of the US-based Northwestern University and the World Internet Project — explored media usage in the Arab world. Participants were drawn from eight Arab nations: Egypt, Tunisia, Bahrain, Qatar, Saudi Arabia, Jordan, Lebanon and the United Arab Emirates.

The survey questioned participants’ perceptions of the news media, finding that 61 per cent thought the “quality of news reporting in the Arab world has improved over the past two years.” Media credibility declined in countries that experienced revolutions during the Arab Spring. The Saudi Arabian respondents gave their media outlets high marks with 71 [per cent agreeing with the statement, “The media in your country can report the news independently without interference from officials”.

Overall, the survey found high Facebook penetration among respondents who used social media. Ninety-four percent of the social media users had Facebook accounts, 47 per cent used Twitter and 40 per cent used Facebook. Among the Bahrain social media users, 92 per cent had a Facebook account, while just 29 per cent of the Egyptian respondents did.

The survey aimed to assess the use of media — TV, radio, newspapers, books, web — and levels of trust respondents had toward the sources. It also sought to guage how the respondents used the internet to communicate and conduct transactions like banking or purchases.

The results can be accessed at Arab Media Use Study.

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In March the Russian authorities turned their attentions to online social networks — and the Kremlin proved adept at getting major international companies to comply with its directives: on 15 March Twitter blocked an account that promoted drugs and on 29 March Facebook took down a page called “Suicide School” rather than see its entire network blacklisted.

On 25 March, reports surfaced that the ministry of Communications and Mass Media planned to transfer maintenance of the Registry of Banned Sites from communications regulator Roskomnadzor to a third party selected by Roskomnadzor. The ministry proposed changes to the registry; to maintain website owners’ information on the register but deny sites owners — as well as hosting and Internet providers — access to the entire registry. Internet service providers will also be obliged to restore access to sites that have been removed from the register within 24 hours.

Education and schools

ISPs win small victory on child protection

Reports from 1 March stated that Vladimir Putin agreed a change to the Russian administrative code exempting internet service providers from responsibility for preventing availability to children of harmful materials from publicly accessible internet services. Responsibility now rests with all “persons who provide access to information distributed via telecommunication networks in places accessible to children” rather than ISPs.

Saratov demands better filtering

On 13 March the Saratov regional prosecutor reported that the Bazarno-Karabulaksky district prosecutor had discovered that pornographic websites were accessible from computers in the village school of Alekseevka. Similar violations were discovered in schools of Maksimovka, Vyazovka and Sukhoi Karabulak. The schools were told to upgrade their content filtering.

Tyva schools ordered to improve content filtering

On 27 March it was reported that the Tandinsky district court in the Tyva Republic had accepted a district prosecutor’s demand that Kochetovo village school enhance its content filtering. An inspection had found that students could access websites providing instructions on manufacturing smoking blends and explosives, as well as publications included on the Federal List of Extremist Materials.

Neryungri prosecutor demands filtering

It was reported on 27 March that the Neryungri prosecutor had discovered that computers in several schools and a college allowed access to undesirable websites. Educational managers were fined for their negligence and content filters are currently being installed.

Pskov clamps down on porn

On 29 March it was reported that the Dnovsky district prosecutor in Pskov had discovered that students in a secondary school in the town of Dno were able to freely access pornographic websites and sites promoting the use of illegal drugs. The school was told to stop allowing such access.

Bashkortostan targets cannabis site

The Meleuzovsky prosecutor in Bashkortostan discovered that banned websites were accessible in several Meleuz educational institutions. Students in one school could access a website containing information on manufacturing hashish. The prosecutor demanded that the schools restrict access.

Extremism

Extremism “discovered in burger bar”

On 28 February an inspection by the counter-propaganda department of the Karachay-Cherkess Republic ministry of the interior’s anti-extremism unit found an extremist website on the Federal List of Extremist Materials, made publicly accessible from a computer in the Momento Burger internet cafe in Cherkessk. The case is now being considered by the local prosecutor.

Syktyvkar assault on ‘extremist materials’

It was reported on 15 March that the Syktyvkar city court had accepted its prosecutor’s writ demanding that access to 20 sites be restricted by the ISP ParmaTel for featuring extremist materials.

Vologda blocks Islamist website

On 18 March it was reported that the Sokolsky prosecutor had issued a request to an ISP to block access to radical Islamist websites including an article included on the Federal List of Extremist Materials.

Samara clamps down

On 19 March the Kirovsky district court of Samara granted the prosecutor’s office claim against an Internet provider for providing access to a website that contained the book The Gardens of the Righteous by Imam Abu Zakaria Mohiuddin Yahya. The book is included on the Federal List of Extremist Materials.

Moscow prosecutor restricts access

On 19 March it was reported that Gagarinsky prosecutor in in Moscow had filed a writ with Gagarinsky district court against the ISP Niko-2001, demanding restrictions on access to five websites containing publications on the Federal List of Extremist Materials. The ISP complied and the case was dropped.

Nazis suppressed in Lipetsk

Reports from 19 March stated that the Sovetsky district prosecutor in Lipetsk had successfully demanded that the White Resistance (Beloie Soprotivleniie) website be recognised as extremist because it contained Aryan supremacy propaganda, including Adolf Hitler’s Mein Kampf.

Ulyanovsk goes for Islamists

On 21 March the Ulyanovsk regional prosecutor stated that the Inzensky district prosecutor had found a number of publicly accessible websites containing extremist materials, including the Letter of the Autonomous Mujahideen Group of Vilayata KBK IK, which is on the Federal List of Extremist Materials. The district prosecutor has served a writ against the local branch of the ISP Rostelekom demanding that access be blocked.

Saratov upholds ban

On 22 March it was reported that the civil law panel of the Saratov regionial court had upheld a lower court’s decision to order the ISPs COMSTAR-Regions and Altura to restrict access to websites containing extremist materials.

Saratov prosecutor sues against hatred

On 27 March the Saratov regional prosecutor was reported to have filed eight writs against the ISP COMSTAR-Regiony and the regional branch of the ISP Rostelekom, demanding restrictions on access to websites containing references to extremist activity and materials aimed at inciting hatred or enmity.

Poem targeted in Tambov

On 27 March it was reported that the Michurinsk city prosecutor in Tambov had demanded that the ISP Telesputnik restrict access to a web page containing a poem included on the Federal List of Extremist Materials. The poem was declared extremist by a city court in Yuzhno-Sakhalinsk in 2007.

Chelyabinsk restricts nationalist site

On 28 March the Chelyabinsk regional prosecutor announced that the Leninsky district prosecutor in Magnitogorsk had filed seven writs demanding that ISPs restrict access to a right-wing website publishing extremist materials — among them the the article Open Questions of Russian Nationalism.

Sverdlovsk targets Islamists

On 28 March the Sverdlovsk regional prosecutor announced that the Kamensk-Uralsky prosecutor had filed several writs against the ISPs Kamensk-Telekom and Konveks-Kamensk and the regional branch of Rostelekom demanding restrictions on access to websites containing materials on the Federal List of Extremist Materials including the tract Adhering to the Sunnah of the Prophet (Peace and Blessings of Allah be Upon Him).

Bryansk ISP gets court order

On 28 March it was announced that the Bryansk regional court had granted the request of the Volodarsky district prosecutor to restrict access to websites containing extremist materials. The Sovetsky district court last year rejected the request but was overturned on appeal.

Ivanovo prosecutor wants explosives ban

On 28 March the Ivanovo regional prosecutor reported that the Teikovsky prosecutor had identified publicly accessible websites that contain information about manufacturing explosives. Writs demanding restriction of access to the websites were subsequently issued.

Kirov kills fascist website

On 28 March the Kirov regional prosecutor reported that a publicly accessible website offering items with fascist symbols for sale was identified during an audit. The Kirov city prosecutor demanded that the ISP MTC block access and the court complied.

Gambling and online casinos

‘No more gambling’ in Chapayevsk

On 6 March the Samara regional prosecutor declared that the Lenin district court of Samara had accepted 19 complaints by the Chapayevsk town prosecutor about inadequate restrictions on access to gambling websites.

Ulyanovsk restricts pyramid schemes

On 14 March it was reported that the Novomalyklinsky district prosecutor’s office of the Ulyanovsk region had issued writs against the local branch of the ISP Rostelekom demanding restrictions on access to websites run by the pyramid-scheme impresario Sergey Mavrodi.

Kurgan stops the betting

On 15 March it was reported that the Dalmatovsky district prosecutor had identified 25 gambling websites. The prosecutor demanded that the ISP Rus block the sites, and it agreed.

Online gambling halted in Penza

On 15 March the Penza regional prosecutor reported that the Lenin district prosecutor had identified 13 online casino websites. The prosecutor filed a writ against the ISP Rostelekom demanding that access be restricted, which was granted.

Orenburg rules out casinos

On 15 March it was reported that the Novotroitsk town court in the Orenburg region had agreed to a  prosecutor’s demands for restrictions on access to online casino sites. The ISP Ass-Com blocked more than 20 websites voluntarily.

Omsk bars access to gambling

On 20 March the Leninsky district prosecutor’s office in Omsk sued the ISP Sakhalin in the Leninsky district court, demanding restrictions on access to pyramid-scheme websites.

Pskov stops the gamblers

On 21 March it was reported that the Pskov regional prosecutor had found 85 websites with gambling-related information and demanded access restrictions for the sites. After a long legal wrangle, the local branch of the ISP Rostelecom was ordered to restrict access.

Khanty-Mansiysk closes online bookies

On 22 March the Khanty-Mansiysk Autonomous district prosecutor’s office reported that the Nyagan Town prosecutor had identified several gambling websites. Based on the results of the inspection, the prosecutor filed a lawsuit against the local Rostelekom branch demanding that access to the websites be restricted. The Khanty-Mansiysk district court has granted the petition in full.

Perm blocks gambling access

On 26 March the Perm regional prosecutor reported that pyramid-scheme websites had been found in the public domain in Chernushinsky district. The district prosecutor issued a writ demanding that the local ISP restrict access to these sites, which was accepted by the district court.

Khanty-Mansiysk clamps down

On 26 March it was reported that the appeal court in the Khanty-Mansiysk autonomous district had accepted demands from local prosecutors that pyramid-scheme websites be blocked.

Social networks

Twitter closes account and deleted Tweets

On 15 March it became known that in the two preceding weeks Twitter had blocked access to five tweets and closed one user account upon request from Roskomnadzor because its owner advertised the sales of illegal drugs. Three Tweets were blocked for promoting suicide and two more for assisting in drug distribution. The deleted user’s account had advertised a drug distribution network, and was reported to Roskomnadzor by Twitter after its removal.

ISP blocks social networks in Ryazan and Orel

On 28 March it was reported that the ISP Rostelekom had blocked the Odnoklassniki and VKontakte social networks in the Ryazan and Orel regions and had blocked access to YouTube in Orel and Livejournal in Ryazan. The websites were included on the Registry of Banned Sites, but the block was later lifted.

Roskomnadzor warns Facebook

On 28 March it was reported that the federal communications agency Roskomnadzor notified Facebook that it would be blocked unless it removed a page called “Suicide school”, containing (mostly humurous) information about suicide. The page was added to Russia’s internet blacklist and was taken down by the social networking site.

Drugs and pornography

Samara blocks drug-dealing sites

On 12 March it was reported that the Novokuibyshevsk city court in Samara region had demanded that local ISPs MIRS, Next Tell-Samara, Progress IT and TesComVolga restrict access to 25 websites that offered narcotics and psychedelic substances for sale. The websites were identified during an audit conducted by the FSB Department of Samara Region.

Sverdlovsk prosecutor demands drugs action

Reports from 12 March stated that the Sverdlovsk regional prosecutor had filed eight writs against the local branch of the ISP Rostelekom,  demanding restrictions on access to the websites containing material encouraging the use of illegal drugs.

Vladimir restricts access to porn and drugs

On 18 March the Vladimir regional prosecutor declared that the Kolchuginsky interdistrict prosecutor had  found websites containing pornographic materials, information about drug manufacturing and articles about suicide methods, made publicly accessible from a computer installed in the Kolchugino town post office. The prosecutor issued a writ against against a local branch of the ISP Rostelekom demanding that access be restricted, to which the ISP agreed.

Samara prosecutor demands porn block

On 19 March it was reported that the Novokuibyshevsk city prosecutor had filed six writs to block websites featuring child pornography. The lawsuits are pending.

Khabarovsk court upholds ISP porn decision

On 21 March it was reported that the Khabarovsk regional court had upheld the decision of the Centralny district court in October 2012 against the local branch of the ISP Rostelekom, restricting access to two websites with pornographic content.

And the rest…

Website blocked for suicide book

On 27 March it was reported that a book by Perm psychotherapist Yuri Vagin, Aesthetics of Suicide (Estetika samoubiystva) had been categorised as extremist. The federal communications agency Roskomnadzor included the website of the Perm psychoanalytic society, which published the book, on the Registry of Banned Sites.

Orthodox parish registered as dangerous

On 27 March it was reported that Roskomnadzor had included the website of Svyato-Vvedensky parish of Rostov on the Register of Banned Sites. As of 30 March, a message “The requested page could not be found” could be seen when attempting to access the site.

Websites warned over Pussy Riot

On 5 March Roskomnadzor reported that it had issued warnings in late February 2013 to the editorial boards of Argumenty i Fakty newspaper and the Polit.ru online news service for republishing a video clip by the Pussy Riot punk collective. The video had been previously been defined by a court as extremist.

Popular writers blog added to banned list

On 19 March Roskomnadzor added to the Register of Banned Sites a page from the online blog of popular writer Leonid Kaganov that featured the lyrics to a satirical song from a 1990s TV show — supposedly for encouraging suicide. A blog post in which Kaganov commented on this ban was then added to the register — and then so was his entire blog, even though, on the request of Roskomnadzor, Kaganov removed the contentious lyrics from his blog.

Sakhalin ISP told to stop giving bribery tips

On 26 March the Sakhalin regional court reversed a previous Yuzhno-Sakhalinsk city court decision not to ban the ISP Rostelekom from allowing access to a website containing information about giving bribes. The ISP must now restrict access to the site.

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)

The post What Russia censored in March appeared first on Index on Censorship.

This year’s theme is “Creativity: The Next Generation”. Debate around whether copyright encourages or actually hinders creativity has intensified in recent years as laws designed to address offline infringement have struggled to keep up with digital technologies and the internet. Also struggling to keep up are artists, most of whom have seen slower revenue streams due to mass online piracy of their work. Many copyright laws and treaties already exist or are in the works to protect artists and the broader intellectual property industry against digital piracy, but some of their implications for free speech are troubling.

The 1998 US Digital Millenium Copyright Act criminalised the production, distribution and use of tools that can circumvent digital copyright controls. It also limited the liability of internet service companies for their users’ copyright infringing activities if the companies agreed to implement notice and takedown procedures for copyright holders to seek redress.

Circumvention tools can be used for fair use activities that do not infringe copyright, making the criminalisation of tools without regard for intent potentially chilling in its broadness. Copyright holders from the recording and film industries also sometimes abuse notice and action systems by flooding them with bogus claims where fair use is clearly protected. The undue burden this places on service providers can encourage them to over-comply with requests in order to stay on the safe side of copyright laws. Such over-compliance can mean unnecessary censorship. The Centre for Internet and Society documented this to be the case in India, sending flawed takedown requests to seven web companies, six of which over-complied and removed more content than legally required under the country’s Information Technology Act.

Major companies including Google, Twitter and most recently Microsoft issue regular reports showing how many copyright removal requests they receive and comply with. Google received nearly 20 million URL removal requests on its search product alone last month, the majority of which came from copyright owners in the recording and motion picture industries and organisations that represent them. A big company like Google might have the resources to sort legitimate requests from the rest, but many small companies certainly do not.

A recent flurry of intellectual property bills and treaties on both sides of the Atlantic pose further challenges to freedom of expression. The Stop Online Piracy Act and PROTECT IP Act both failed in the US, and the European Parliament rejected the the Anti-Counterfeiting Trade Agreement in 2012 following global campaigns by internet activists and web companies opposed to their provisions. These bills and treaties have all been put on the backburner but run the risk of flaring up again if legislators move to push them forward a second time. The US bills would create a blacklist of websites accused of providing illegal access to copyrighted content, which could kick off a digital witch hunt from overprotective copyright holders that wish to censor sites even in cases of fair use. ACTA aims to shift the current IPR debate from international fora to secretive backrooms. It would also increase intermediary liability, making websites more responsible for user activity and more likely to restrict users’ online expression.

Important to note is that many people simply don’t understand copyright, causing them to unknowingly break these laws. About half of participants in a recent survey were confused about the legality of uploading and downloading copyrighted materials online. Major prosecutions, including that of a US woman who was fined $1.9 million for illegally downloading 24 songs in 2009, have increased awareness of copyright laws and their sometimes disproportionate consequences. A new Copyright Alert System in the US aims to do the same, relying on ISPs to voluntarily slow down internet speeds for users who regularly pirate copyrighted content.

Legal reforms and public knowledge alone will not stop pirating. Artists who have traditionally relied on rich patrons, governments and organised industries to bring their work to fruition are experimenting with new funding and marketing models to meet online challenges and to take advantage of new opportunities. Small donations from more than 3 million people on the crowdsource funding platform Kickstarter have financed more than 35,000 creative projects, bringing in $500 million in the past four years. Many musicians are also shifting their business focus from singles to concert sales, an experience that cannot yet be replicated online and that many fans are still willing to pay for.

Artists need to eat, and pirates should be punished. But for this to happen, copyright laws and their enforcement should to be just and proportionate and new funding models for creative industries should be pursued. Perhaps next year’s World Intellectual Property Day theme should focus on reforming copyright laws and exploring new business models to safeguard the next generation’s creativity and freedom of expression.

The post World Intellectual Property Day: Copyright and creativity in a digital world appeared first on Index on Censorship.

With more than four billion people yet to come online around the world, basic connectivity is an obvious and necessary prerequisite for digital access. But handing out one laptop per child and selling low-cost smartphones does not solve the quality problem, and can in fact worsen it.

Repressive governments and opportunistic companies sometimes exploit their citizens’ and customers’ ignorance and apathy towards personal privacy and data protection in the name of national security and financial gain. Countries like Iran and China’s biggest web companies are obvious offenders, but western democracies and Silicon Valley startups are far from perfect.

Doling out laptops and ethernet cables without also spreading the internet’s core values of freedom and openness can inadvertently harm newly connected users and the wider web.

NGOs with good intentions sometimes make this mistake. More troubling are companies with financial incentives to lay cables and sell hardware in new markets. Africa is one of the least connected territories, making it, from a corporate perspective, a digital desert ripe for cybercolonialism. Despite being framed as aid, a $20 billion pledge from China to Africa last year was primarily about business. Chinese companies with troubling track records on digital rights and freedoms are also competing to lend their security and surveillance expertise to African governments, a serious cause for concern on the quality side of access.

Frank La Rue, the UN’s special rapporteur on the promotion and protection of the right to freedom of opinion and expression, has described internet access as a right and acknowledged both the quantity and quality components inherent and critical to the enjoyment of this right. Other digital thought leaders, like Google’s chief internet evangelist Vint Cerf, has described the internet as an enabler of human rights but not a right in and of itself. Both perspectives hold weight, but we must not forget that the internet can also be used as a disabler of human rights.

Rather than a panacea, the internet can be poison when used to monitor, suppress and prosecute online speech and offline action.

Cyberutopians who think smartphones will set us free have been proven wrong time and time again. On the flip side, this does not mean that cyberdystopians who fear governments will exploit our dependence on technology and digital communications to neutralise dissent are necessarily correct. Increasing the quantity of internet connections without minding the quality of those connections forged can potentially bring greater harm than good for digital access, but such harm is not inevitable. Companies and NGOs working to spread access should ensure that the benefits they bring outweigh potential dangers they create or expose and should ensure that quantity is balanced by quality at the corporate and government levels. Only when this balance is achieved can global digital access truly be advanced.

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Although some denied the reports, the merge was announced during the 2013 session of China’s parliament, with the motion passed in March.

Zhang Jin, deputy editor at  technology publisher Popular Science Press, told state news agency Xinhua:  

Over the last 30 years of the opening up and reform period, both GAPP and SARFT have developed tremendously, but with this development of industry and flourishing of culture, many new problems have risen, for example the lockdown of departments, and individual management by each media type of themselves, and approval [for content] department by department.

GAPP and SARFT didn’t want, under any under circumstances, to deal with each other. GAPP only paid attention to newspapers and print media and not broadcast media, and SARFT doesn’t get the support of the print media, making the merging of industries difficult.

The new body replacing SARFT and GAPP — unofficially translated as the General Administration of Press and Publication, Radio, Film and Television — will be responsible for regulating and overseeing print media, radio, film, television, as well as the internet. It will also handle rights and contents.

SARFT is the body that censors films — recently facing controversy for cutting science fiction film Cloud Atlas by 40 minutes. GAPP also came under fire earlier this year for overseeing the censoring of newspaper Southern Weekly New Year’s editorial. The Guangdong provincial propaganda chief rewrote the paper’s heading and editorial without consulting editorial staff, forcing the reform-orientated paper to run a piece toeing the official Party line.

While both SARFT and GAPP monitored the internet, the specifics of their responsibilities were never clear — but now new and uniform regulations have been revealed.

The China Press and Publishing Journal reported that there will be three new rules for internet use under the new body: use of news reports from abroad on websites will be forbidden without permission; editorial staff must not use the Internet for illegal content; and the microblog accounts of news media must be supervised, and an account holder appointed.

Whether the merge will create or lessen the chaos surrounding content control still remains to be seen.

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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)

The post What Russia censored in February appeared first on Index on Censorship.

Sites criticising an Indian business school have been blocked

The court did not inform affected parties of the block order. The founder of Kafila, Shivam Vij gave a statement to Firstpost on the matter saying that the move was “against the principle of natural justice. The court blocked the URL of my blog without giving me a chance to defend myself.”

Indian news agencies and think-tanks have been questioning the method and the necessity of such an order by the court, and whether or not it opened the door to censorship. Noting the value given to free speech by courts in democracies, experts at the Center for Internet and Society has expressed fears that “the court order has moved away from the settled principles of law while awarding an interim injunction for blocking of content related to IIPM”. The hurry in which the court ordered websites’ blocking is worrying, and even India’s government is planning to challenge the court order, as it involved one of its own sites (UGC).

The lack of transparency in this action also points to two facets of the fight for online freedom in India. The first is that internet service providers are the vehicle through which sites can be blocked when specific sites do not comply. In an interview with Firstpost, Chaudhuri claimed that Google had failed to comply with a previous court order to remove “defamatory” content about his business. The other is that despite the length to which Chaudhuri has gone to curb any criticism of his institution, in a wired world it is next to impossible. Hackers have not only crashed his website, but social media users have also slammed Chaudhuri’s move to censor the web, and #IIPM trended on Twitter for days following the incident. They have, in turn, been copying the blocked text of censored articles online.

In the meantime, it has now been revealed that IIPM is actually licensed under the Shops and Establishments Act, rather than the UGC. It will be tough to stop this information from going viral, but Chaudhuri can certainly try.

The post How India censored one of its own websites appeared first on Index on Censorship.

In August [2007], the 58-year-old actor and writer Chris Langham was found guilty of downloading 15 videos and pictures of child pornography (graphic and violent enough to fit the characterisation of all child pornography as child abuse). Two weeks earlier, five young British-Asian men — one was a school-leaver from London, four were students at Bradford University — were sentenced to various prison terms. They had been found guilty of possessing material for terrorist purposes (mostly downloaded from websites) that glorified Islamic terrorism, martyrdom and holy war.

Besides being suitable candidates for moral panics, these two cases have little in common. But they raised similar public issues: about the causal role and power of the mass media and especially the internet; demands for stronger regulation and control, especially through the criminal law; and, of course, serious questions about the limits of liberal tolerance and freedom of expression. Other common problems include finding viable definitions — of “pornography” (and grading its seriousness on a five-point scale, like classes of dangerous drugs) or “incitement” — and the technical obstacles to monitoring and controlling the sources of internet material.

Behind these familiar debates, there lie vital background assumptions — seldom made explicit – about the links between thinking and doing. In the holistic view, there is no clear difference between image and action. The production of a pornographic video (with its standard depiction of women as sexual objects) and the use of these images (whether in fantasy, “ordinary” sexuality or sexual abuse and rape) are part of the same social reality. We don’t find one without the other or else the one leads inexorably to the other. There is a symbiosis between the producer, source and nature of the message (whether pornography or religious fanaticism) — and the receiver, consumer or “offender”. A seamless web of values, roles and relationships binds production and consumption. In the case of porn, the image/action connection goes further: the very thing itself is made up of the reproduction of images. No representation, no pornography.

The separatist view, on the other hand, draws a clear distinction between the thought (or image) and the deed. Thus Langham had watched and downloaded images of child pornography, but he had not actively created or distributed these, nor was he guilty of sexually assaulting a child. The Bradford jihadists watched, read, discussed and agreed with poisonous incitements to mass killing; but they had not committed any acts of violence. (The 17-year-old schoolboy did get as far as leaving his parents a note that he was off to fight as a soldier of Islam and would see them next in the garden of paradise).

These opposing views run through the debate about both modes of legal control — first, to prohibit, censor or regulate supply and/or second, to criminalise demand (notably, by making possession illegal). The philosopher Mary Warnock used the Langham case to reassert the traditional liberal separatism between thought and action (Observer, 5 August 2007). Watching pornographic internet pictures of child abuse, she argues, does not necessarily entail that one is a paedophile.

Terrified as they are of paedophilia, most people do assume — as they would not for adult porn — that viewers who enjoy watching those images, will practise what is depicted. She concludes:

. . . though we feel the strongest moral repugnance both towards those who make and those who watch the images we should not use the force of law against a man’s thoughts but only against his actions.

In moral and legal terms, this is a tenable application of the traditional liberal position. But as a theory it looks a little threadbare compared with sophisticated feminist versions of holism. And it can hardly be used for an activist social policy to combat the depredations of the free market.

The whole project of protecting the individual right to self-expression must look quite anachronistic in the internet world. The sheer amount of people, money, technology and global networks that are needed to create an interface of millions of messages exchanged each minute can hardly be grasped, let alone controlled by the liberal model of civil liberties. We can almost literally “see” the rights of a government critic in Zimbabwe being violated as a radio broadcast is jammed. But where exactly in cyberspace are the free expressions of an underground website?

Some imagination is also needed about matters of motive and intent. The creators and distributors of the jihadi message obviously intended to attract, convert and recruit just the type of people they targeted — and get them primed to act (or actually plan to act) in just the ways they wanted. Producers of child pornography do not necessarily intend their viewers to be or become child abusers. They only want the audience to be stimulated enough to purchase more and more porn. They are too amoral to care about other possible outcomes and they can operate without restrictions, making profits in a largely unregulated market. In the legal sense this is a strict liability offence — neither motives nor consequences matter. There can be no defence, that is, in terms of good intentions, nor does the prosecution have to prove actual harm or increased risk.

The same logic is applied to the consumer. The jury in the Chris Langham trial rejected his motivational stories (doing research; reliving his own victimisation). They agreed with the prosecuting barrister Richard Barraclough QC:

The statement he made to the police was nothing but hypocrisy and cant. Each of his statements is a lie. He downloaded these images. They didn’t happen automatically; he chose them. That makes him guilty in law. It doesn’t matter why he did it.

It may not matter in court. But motives surely do matter in considering the likely effects of legal controls. Compare the response of ideological (convictional) offenders who proudly justify their action and reject the legitimacy of the law with those offenders who tell “sad tales”, offer excuses, feel stigmatised and profess to be ashamed of their action.

Furthermore, because the law is such a blunt instrument of social control, it cannot register the wider social effects of mass, anonymous and cheap access to the internet. Such effects — whether in the case of pornography or ideological violence — do not occur directly and immediately. Increases in rates of sexual violence, for example, cannot be proved to be caused by internet porn consumption. But only the most unimaginative separatist view, the most literal legalism or the most orthodox libertarianism can ignore the more general sexualisation of our culture. In a sense, it is too late for any empirical study of the “effects” of any medium, such as internet porn. There is no “before” from which to study an “after”. The full “pornification” thesis (Pamela Paul’s vision of the porno-sphere moving into the public sphere) is muddled and exaggerated, but there can be little doubt that as images become more accessible, affordable and anonymous, they also become more acceptable.

But how do these images influence the action of any particular individual?

Imagine the causal steps that lead to the breaking of moral and legal rules as something like religious conversion. For some converts, the new spiritual conviction seems to come from within; the role of other people (friends, counsellors, missionaries) and cultural texts (the Bible, the Koran, conversion videos) is only to confirm the initial commitment. Yet other people have not yet reached this stage; they are still standing at the “invitational edge”. For them, new friends, a prayer meeting in the local mosque, the mass rally attended out of curiosity, the website entered just about by chance, the university discussion group — any of these might tip you over the edge. There are yet other people who have the “right” backgrounds and opportunities — but have not shown even the beginnings of commitment. They indeed have to be converted or turned on by those “external” messages or sources.

In the Bradford jihadists’ case, the judge explicitly tried to remove the offences from the discourse about freedom of speech. The defendants were being punished for “being prepared” to train in Pakistan to fight British soldiers in Afghanistan.

Five men who were jailed in 2007 for being found in possession of jihadist literature. Their conviction was quashed in 2008.

Why had they broken the law?

Because in my judgment you were intoxicated by the extremist nature of the material that each of you collected, shared and discussed . . . So carried away by the material were you that each of you crossed the line. That is exactly what the people who peddle this material want to achieve and exactly what you did.

The judge was right to evoke the metaphor of crossing the line. The language and procedures of the law require this clarity. Just a step away from the legal model, however, the metaphor becomes difficult to sustain. In particular, there is little consensus about why certain lines should be drawn in criminal terms.

Is the justification primarily deterrence (preventing worse future dangers to society), justice (people should have to pay a price for this), or revulsion about the material itself?

For legal purposes, the standard liberal line between words and deeds might still be drawn. But this does not require tired and overused cliches about “thought control”. The post-modern surveillance state may indeed be invading the boundaries of privacy, but it does not concern itself too much with people’s thoughts about morality and sexuality. These thoughts are “controlled” more by global market forces, operating not in the secret underworld of internet porn, but right in the open on prime-time TV. Talk shows, reality TV, teenage drama: these are the sites where moral lines about sexuality are being redrawn.

As for ideological violence, no one can pretend that the debate is about the integrity of a private sphere (where you live as you please) and a public sphere (where you can express what you like as long as it does not libel anyone or incite hatred). The continuing legacy of last century’s ideological violence — state crimes such as genocide, torture and mass killing; massive ethnic and religious slaughter; terrorism and suicide bombing — does not easily fit the emblematic vision of earnest citizens calmly discussing the abstract right to condone the use of violence.

Debates about internet pornography and violence are landmines in the current struggle for the survival of liberalism itself.

Stan Cohen, who died on 7 January 2013, was Professor Emeritus of Sociology at the London School of Economics, and a contributor to Index on Censorship magazine

This article appeared in Index on Censorship magazine, volume 36, number 4 (2007)

The post Downloading evil appeared first on Index on Censorship.

At the end of the 20th century, an incredible revolution took place. Barriers to the free flow of information were knocked down and a powerful cycle of technological innovation was set in motion, transforming the economy, first in the United States and then around the world.

No, I am not  talking about the internet.

I am referring to the liberalisation of the telecommunications industry, which led to a huge economic revolution in the 1980s and 1990s. It started with a big bang: the breakup of the AT&T monopoly. As early as the mid- 1960s, policy-makers knew they didn’t want the emerging information services industry to be dominated and stifled by an enormous monopoly. The US Federal Communications Commission created a regulatory distinction between ‘basic’ and ‘enhanced’ services, ‘enhanced’ being defined as any transmission that included ‘information processing’. Information services would be unregulated and the market left wide open. This process began in the US and was followed by the largest economies in Europe and Asia. Technical standards escaped from the control of national governments and a huge number of new competitors entered the market. With global free trade agreements in place for IT equipment and telecommunication services, in 1995 and 1997 respectively, economic liberalisation of the industry was complete.

Deregulation had profound consequences. The same infrastructure was used for both the transmission of information services (such as early emails, and data-sharing) and telephone calls, but businesses delivering information services were exempt from the entry restrictions and gatekeeping regulations levied on telephone companies. In the late 1980s, the US pried open space for what was then a largely experimental market, pushing for trade rules to internationalise these reforms. In that pre-internet period, countries such as Japan, the UK and Hong Kong saw no harm in opening up what was a tiny market. Little did those early negotiators know that they were clearing a path for the spread of the internet. Considered an ‘information service’ because it was essentially software run by computers, the internet spread over global telecommunications networks like wildfire. After 20 years, it would swallow up the massive telephone market and transform newspapers, television, radio, publishing and practically every other mode of communication.

The economic roots of internet freedom

Much of the freedom and openness we associate with the internet is not a product of its technology. Many respected scholars have promoted the notion that there is something about the internet’s ‘architecture’ or ‘design’ that magically makes information free. True, the internet’s design made it cheaper and easier to interconnect thousands of different networks and devices. But its technical potential could never have been realised without an open, liberal industry. Without the deregulation of information services, without the market economy in telecommunications, without diversity and competition among providers and free trade agreements that enable content and investment from anywhere in the world, there would be no internet freedom. Internet technology – TCP/IP protocols – can be installed in computers in North Korea, but it won’t make communications in that country free. If a repressive government owns and operates the telecommunications infrastructure, blocks trade in computer and telecom equipment, does not allow a free market for access, devices or services to develop, censors or jails dissident publishers and forces new online businesses to obtain permission to trade online, it’s easy to contain and control the internet.

A counter-revolution in the making?

The internet now dominates our communications environment. But older communication laws, regulations and policies have begun to haunt it. There is a tendency to try to make the internet like the old media, so that governments and interest groups can recreate the kinds of controls they once had. In particular, there are widespread attempts to reassert nation-state authority. In December 2012, the World Conference on International Telecommunications (WCIT) will take place in Dubai. The UN meeting will revise the International Telecommunication Union’s International Telecommunication Regulations (ITRs), a binding treaty intended to ‘facilitat[e] global interconnection and interoperability of telecommunications facilities’. The ITRs were established in 1988 – years before the internet had become a mainstream medium and just as telecommunications liberalisation was in full swing.

The world has changed dramatically in the 25 years since the current ITRs were drafted. Since 1988, the internet’s technical standards community has used open working groups to develop or revise hundreds of new standards and make them available online for free. The ITU’s telecommunication standards development activities, in contrast, have shrunk and its revenue model, based on high membership fees granting exclusive access to official standards documents, has become unpopular. New private sector institutions, such as the Internet Corporation for Assigned Names and Numbers (ICANN) and regional internet registries, allow open public participation and set policy for infrastructure. In the ITU, in contrast, decisions are based on a one-country, one-vote calculus and ordinary internet users, digital rights advocates and civil society are not well represented. The

Dubai conference represents a crossroads for the future of telecommunications: the ITU must update its treaty to take account of the internet or risk slipping into historical irrelevance. It’s as if the internet is now being visited by the ghosts of telecommunications past.

Some alarmists have claimed that proposed revisions to the treaty threaten internet freedom, presenting it as a ‘takeover’ plot by authoritarian governments in the ITU, a premeditated attempt to subjugate the internet to states once and for all. Although these fears have gained an enormous amount of publicity, they are largely unfounded. Aside from polarising the dialogue, they tend to divert attention from the real issues.

The ITU is in no position to assert control over the internet’s domain name or addressing systems or its open standard-setting processes. The ITRs cannot really impose global content regulation. The ITU has no enforcement or policing capabilities; it relies entirely on member states to apply and enforce its rules. No democratic governments will agree to impose Chinese-style censorship on their local internet users simply because of an ITU regulation or guideline. Besides, as the case of China makes clear, national governments already  have the authority to censor and regulate internet users if they want to.

The potential dangers emerging from WCIT negotiations are more subtle. Decisions taken during the conference could undermine the economic liberalism of the communications sector. One of the most progressive and important parts of the 1988 regulations was Article 9, a short annex entitled ‘Special Arrangements’. It allowed companies to privately negotiate how ‘special telecommunication networks, systems, and services’ operate. Most agreements concerning internet connections are made possible under this provision. Revised regulations could pull web interconnections into a more burdensome regulatory regime. Some governments and telecom companies (many of which are still monopolies and/or state-owned) want to turn national telecom operators into gatekeepers of internet services, applications and content, which could lead to fragmentation of the internet. Some telephone companies are trying to apply old charging models to internet traffic, as if requesting a web page or video was like making an international telephone call. This could make the internet more expensive for users or stifle business models based on different charging models. It could open the door to charging schemes designed to subsidise national operators at the expense of service providers that rely on the telecommunications infrastructure but do not own it, such as YouTube or Skype.

A more progressive approach would emphasise the gains of liberalisation. Countries should be encouraged to permit multiple, competing service providers and allow them to freely negotiate traffic exchange and content distribution deals. New regulations should affirm the basic principles underlying the World Trade Organisation’s free trade agreements and eliminate all forms of protectionism and national filtering of legitimate information services.

Cyberspace and national security

The Dubai conference will also consider proposals to include cybersecurity in the ITRs. Of course, security problems online are real and do need to be addressed. But it’s questionable whether effective solutions can be included in the new regulations and whether the ITU is the best authority to come up with them.

At best, proposals to address security concerns are unfocused and a bit naïve. Member states are asked to ‘stop spam’, ‘protect data and network integrity’, ‘ensure internet security and stability’ or ‘supervise enterprises operating in their territory’. These proposals reveal the basic disconnect between the security problems of the internet and the ITRs. Cybercrime, spam, and cybersecurity issues involve not just network operations and standards but a complex interaction of hardware standards, software engineering, content and human behaviour. Cybersecurity also relates, of course, to the military, so problems relating to it go far beyond the ITU’s remit and capabilities. Attempts to regulate cybersecurity would vastly expand the scope of the ITU and erase the boundary between information services and telecommunications – with very little likelihood of being effective.

At worst, proposals to deal with cybersecurity reveal nostalgia for the nationally-controlled telecommunications of the pre-internet era. Some proposals would try to prevent international communications that ‘interfere in [states’] internal affairs’ or that undermine ‘sovereignty, national security or territorial integrity’. These proposals have little support, and even if passed could not really shield states from ‘subversive content’ as long as the current liberal information services regime holds in most of the world. But underlying these proposals is an apparent belief that the borderless information flow of the internet is inconsistent with traditional approaches to national sovereignty and security. Even in the US, where the WCIT delegation defends the internet model, the increasingly popular notions of ‘critical infrastructure protection’ and the pursuit of superior cyber warfare capabilities threaten to militarise the internet and push communications back into national walled gardens.

The internet flourished precisely because it was allowed to develop outside a state-dominated political environment where information and communications were seen as instruments of sovereignty, surveillance and power. The new communications and information sector was an instrument of global commerce, free trade, innovation and open culture. Internet freedom advocates must understand and support the economic institutions that made the internet revolution possible. The most important negotiations at WCIT will not be about censoring content or taking over domain registration. They will be about whether the telecommunications revolution will be allowed to continue, or whether it will be pushed in the opposite direction.

©Milton Mueller

Milton Mueller is professor at Syracuse University School of Information Studies and the author of Networks and States: The Global Politics of Internet Governance (MIT Press) revolution in crisis

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