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…)
Nov 5, 2012 (Index) The United States two-party system leaves little room for third party candidates in the presidential race. Green Party nominee Jill Stein has faced numerous obstacles throughout her run — including being arrested outside of one of the presidential debate between President Obama and Mitt Romney.
Index’s Sara Yasin spoke to the candidate about free speech in America, and the challenges she’s faced as a third party candidate in the Presidential race
Index: What are the biggest barriers faced by alternative candidates in the Presidential race?
Jill Stein: Its almost as if third parties have been outlawed. There is not a specific law, but they have just made it incredibly difficult and complicated to get on the ballot, to be heard, it is as if [third parties] have been virtually outlawed.
To start with we don’t have ballot status, the big parties are “grandfathered” in. Other parties have to collect anywhere from ten to twenty to thirty to forty times as many signatures to get on the ballot. We spend 80 per cent of the campaign jumping through hoops in order to get on the ballot. It really makes it almost impossible to run.
It takes money in this country. You have to buy your way onto TV. The press will not cover third parties, challengers, alternatives. The press is consolidated into the hands of a few corporate media conglomerates, and they’re not interested and they also don’t have the time because their staff has been cut. So they’re basically, you know, covering the horse race. Not looking at new voices, new choices, the kinds of things that the American public is really clamouring for, and also not looking not the issues. And so you get this really dumbed down coverage that excludes third party candidates.
And then you have the debates, which are a mockery of democracy. Which are really sham debates held and organised by the Commission on the Presidential Debates, which is a private corporation led by Democratic and Republican parties. They sound like a public interest organisation; they’re not. They’re simply a front group to censor the debate. And to fool the American voter into thinking that is the only choice that Americans have. And in fact, by locking out third party candidates, we’ve effectively locked out voters.
According to a study in USA Today a couple weeks ago, roughly one out of every two eligible voters was predicted to be staying home in this election. That is an incredible indictment of the candidates.
Index: What are your thoughts on how multinational companies are using lobbying, lawsuits and advertisements to chill free speech around environmental issues?
This is certainly being challenged. Fossil fuels are an example. The fossil fuel industry has bought itself scientists — pseudo scientists I must say — and think tanks to churn out climate denial. That whole area of climate denial has been sufficiently disproven now, to the point where they don’t rear their ugly head anymore. Now there’s just climate silence, which Obama and Romney really share. Romney is not denying the reality of climate change, he’s just not acting on it. Unfortunately, Obama has seized that agenda as well in competing for money.
I think we are seeing enormous pushback against this, in the climate movement, in the healthy food movement, in the effort to pass the referendum in California (37) that would require the labeling of food which the GMO industry is deathly afraid of, because people are rightly skeptical. So for them, free speech, informed consumers, informed voters, are anthema, it’s deadly for them. They require the supression of democracy and the suppression of free speech. And the buying of the political parties is all about silencing voices like our campaign. which stands up on all of these issues.
There are huge social movements on the ground now for sustainable, healthy organic agriculture. For really concerted climate action, for green energy, for public transportation. These are thriving movements right now. Our campaign represents the political voice of those movements. There is also a strong movement now to amend the constitution to stop these abuses, to stop this suppression of free speech.
Index: Do you think that the two-party system allows for topics viewed as inconvenient to both Republicans and Democrats to remain untouched?
JS: That’s their agreement really. And the commission on presidential debates makes it so very clear. They have a written agreement that was leakeda couple of weeks ago. That agreement includes very carefully selected moderators who agree about what kinds of questions they will ask and they will go through…until they find the candidate for a moderator that will agree basically not to rock the boat. The moderators have to agree to not only exclude third parties, but not to participate in any other format with candidates whose issues can’t be controlled. This has everything to do with why they make the agreements that they do and why they will only talk to each other, because they’re both bought and paid for by the same industries responsible for the parties.
When I got arrested protesting the censorship of the debate, my running mate and I were both tightly handcuffed with these painful plastic restraints, and taken to a secret, dark site. Run by some combination of secret service, and police, and homeland security. Who knows who it really belongs to, but it was supposed to be top secret and no one was supposed to know and we were then handcuffed to metal chairs and sat there for almost eight hours. And there were sixteen cops watching the two of us, and we were in a facility decked out for 100 people to be arrested, but it was only the two of us and one other person brought in towards the end of the evening who was actually a Bradley Manning supporter who had been arrested just for taking photographs of someone who was photographing the protesters.
Index: What does freedom of expression mean to you?
JS: It means having a democracy, having a political system that actually allows the voices of everyday people to be heard. Not just, you know, the economic elite which has bought out our establishment political parties. So free expression, for me, is the life blood of a political system. I was not a political animal until rather late in life. I was shocked to learn we don’t have a political system based on free expression. We have a political system based on campaign contributions and the biggest spender, and they buy out the policies that they want, so to me, that is where free expression goes. And if we don’t have it we don’t have politics based on free expression —- it’s not just our health that is being thrown under the bus, it’s our economy, it is our climate, it is our environment. We don’t have a future if we don’t have free expression. If we don’t get our first amendment and free speech back, and that means liberating it from money.
Sara Yasin is an editorial assistant at Index on Censorship. She tweets at @missyasin
Gore Vidal, who died this week, was often scathing in his attacks on US foreign policy. In April 2002, Index on Censorship magazine was the first English-language publication to feature this essay, written after 9/11 (more…)
As Wikipedia and other websites begin blackout to protest against US anti-piracy laws, Index and the international human rights community speak out on PROTECT IP Act
Sen. Harry Reid
Majority Leader
United States Senate
522 Hart Senate Office Bldg
Washington, DC 20510
Dear Majority Leader Harry Reid,
As human rights and press freedom advocates, we write to express our deep concern about S. 968, the PROTECT IP Act (PIPA), and the threat it poses to international human rights. Like H.R. 3261, the Stop Online Piracy Act (SOPA), PIPA requires the use of internet censorship tools, undermines the global nature of the internet, and threatens free speech online. PIPA introduces a deeply concerning degree of legal uncertainty into the internet economy, particularly for users and businesses internationally. The United States has long been a global leader in support of freedom of speech online, and we urge the Senate not to tarnish that reputation by passing PIPA.
Today, some of the world’s most repressive countries, like China, Iran, Yemen, Saudi Arabia, and Syria use DNS filtering as a means to silence their citizens. As over 80 human rights organizations recently wrote in a letter opposing SOPA, “institutionalizing the use of internet censorship tools to enforce domestic law in the United States… creates a paradox that undermines its moral authority to criticize repressive regimes.”[1] In fact, PIPA would send an unequivocal message to other nations that the use of these tools is not only acceptable, but encouraged.
DNS filtering is a blunt form of censorship that is ineffective at achieving its stated goal, while causing collateral damage to online communities on a massive scale. But while DNS filtering is trivial for users to circumvent, this technology would fundamentally undermine the integrity of the global internet, making users more vulnerable to cybersecurity attacks and identity fraud. Additionally, any legislation that mandates filtering of websites is prone to unintended consequences, such as overblocking. For example, in early 2011, when the Immigration and Customs Enforcement agency seized the domain mooo.com, it accidentally removed the web addresses of 84,000 (almost exclusively legal) connected domain names.[2] Moreover, once the technical infrastructure enabling censorship is in place, it allows future governments (and private actors) to block virtually any type of content on the web, making the provisions of this bill prone to mission creep.
The attempts at due process provisions in this bill do not respect the global nature of the internet. The network effects of the internet are realized when users and innovators are able to connect around the globe. However, creating a mechanism that requires a representative of a website to make a court appearance in the U.S. in order to defend themselves against an allegation of infringement would disproportionately impact smaller online communities and start-ups based abroad that do not have the capacity to address concerns in the United States. These websites would risk losing access to advertising services, payment providers, search engine listings, and their domain name. Together, these pieces of the bill would drive international innovators away from depending on U.S. services as a hedge against legal threats, while missing what should be the target of this legislation: preventing large-scale commercial infringement.
PIPA further creates a double jurisdiction problem, whereby non-U.S.-based sites must determine whether a site is legal in both the country it is operating in and the United States. This raises serious concerns about the scope of the bill, as foreign websites falling under PIPA’s definition of infringement may be perfectly legal in other jurisdictions. For example, the domain of a Spanish site, rojadirecta.org, was seized in early 2011 by U.S. authorities without adequate due process, notification to the site’s owners, or an option to defend themselves, despite having been declared legal by two Spanish courts.[3]
The definition of “information location service” is overly broad and would have a chilling effect on online speech. PIPA would make nearly every U.S.-based actor on the internet, including not only blogs, chat rooms, and social networks but users as well, potentially subject to enforcement orders of the bill. Additionally, the requirement that these service providers act “as expeditiously as possible to remove or disable access” to an allegedly infringing website imposes an unprecedented burden on any service that contains links, incentivizing the screening and removal of content in order to avoid being caught up in legal proceedings. Further, even if an accused website is later found to be innocent, links to that website could have effectively disappeared from the web, having been permanently removed when the court notice was served.
PIPA is also vague with respect to how links would be defined, including if all links associated with a domain or subdomain would be required to be blocked and if this would apply to future attempts by users to post content. This provision could potentially be interpreted in a way that would force services that allow users to post links to proactively monitor and censor the activities of their users, dramatically altering the role of these platforms in promoting free speech and setting a dangerous precedent for other countries.
We understand the pressure that lawmakers face in passing copyright enforcement legislation, and agree that protecting the rights of creators is an important goal. However, enforcement should not come at the expense of free speech or due process. This bill is fundamentally flawed due to its wide range of restrictive and potentially repressive measures. Even if individual elements of the proposal, such as DNS filtering are modified, postponed or amended, the legislation as a whole represents a precedent that is a real danger for human rights on the internet. We must remain conscious of the fact that the internet is a key enabler of human rights and innovation, and decisions over its governance should not be made hastily and without full consideration of collateral consequences.
We strongly urge the Senate to stand for human rights, defend the open internet, and reject the PROTECT IP Act.
Sincerely,
Access
AGEIA DENSI
Amnesty International
Asociatia pentru Technologie si Internet (ApTI)
Association for Progressive Communications (APC)
Article 19
Bits of Freedom
Bytes for All Pakistan
Centre for Internet and Society – India
Communication is Your Right!
Computer Professionals for Social Responsibility
Creative Commons Guatemala
ONG Derechos Digitales – Chile
Demand Progress
Digitale Gesellschaft e.V.
Eduardo Bertoni on behalf of iLEI/CELE UP (Iniciativa Libertad de Expresión en Internet, Centro de Estudios en Libertad de Expresión, Universidad de Palermo, Argentina)
Electronic Frontier Finland (EFFi)
EsLaRed
European Digital Rights (EDRi) (an association of 27 privacy and civil rights groups in Europe)
FGV/CTS
FoeBuD
Foundation for a Free Information Infrastructure (FFII)
Free Network Foundation
Free Press Unlimited
Free Software Foundation Europe (FSFE)
Fundación Karisma
FUNREDES
German Working Group against Internet Blocking and Censorship (Arbeitskreis gegen Internet-Sperren und Zensur, AK Zensur)
Hiram Meléndez-Juarbe on behalf of the New Technologies, Intellectual Property and Society Clinic University of Puerto Rico Law School
Human Rights Watch
Index on Censorship
Instituto Nupef
Internet Democracy Project – India
Iuridicum Remedium o.s.
Julia Group
Guardian Project
La Quadrature du Net
MayFirst/People Link
Net Users Rights Protection Association (NURPA)
Open Rights Group (ORG)
Open Source Initiative
Palante Technology Cooperative
Panoptykon Foundation
People Who
Public Sphere Project
Quintessenz
Reporters Without Borders
Vrijschrift
WITNESS
wlan slovenia, open wireless network
Egyptian security forces reportedly raided the offices of at least seventeen local and international NGOs yesterday. Authorities confiscated files, computers and records from the human rights and pro-democracy organisations. The raided organisations all allegedly receive foreign funding, and are now under investigation for violating Egyptian law. Staff of the organisations were confined to their officers during the raid, and prevented from using their mobile phones or computers. US officials have condemned the attacks, and demanded that the Egyptian government “resolve this issue immediately and to end harassment of NGO staff as well as return all property”.
US-based Cisco Systems Inc and Hewlett-Packard, along with a handful of other Western technology companies, are set to provide crucial network equipment for a massive CCTV surveillance project in the city of Chongqing. Known as “Peaceful Chongqing” the network of about 500,000 cameras will spread over nearly 400 square miles, it will police intersections, neighborhoods and parks. Chinese officials say the added surveillance will prevent crime but human-rights advocates fear it will be used to silence political dissidents.
The US’s Immigration and Customs Enforcement agency (ICE) is shutting down websites based abroad that break US copyrights and and prosecuting their owners. Even if the server is not based in the US, so long as the website’s address ends in .com or .net, it can be closed down or targeted for prosecution because their connections run through Verisign, a company based in Virginia. British student, Richard O’Dwyer, ran the website TVShack, which gave links to other sites that offered pirated downloads. He now faces extradition to and prosecution in the US.
Ronald Papandrea, a former assistant attorney of Warren, Michigan has dropped a libel case against an anonymous blogger known as ‘Robert’ after the local judge turned down his request to obtain the blogger’s name. Papandrea claimed the blogger had made defamatory comments about him on the Warren Forum website.
Index’s Sara Yasin spoke to the candidate about free speech in America, and the challenges she’s faced as a third party candidate in the Presidential race
