Surveillance, security and censorship

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

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

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

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

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

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

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

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

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

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

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

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

Fallout: the economic crisis and free expression

Index on Censorship Magazine

magazine March 2013-Fallout large

Volume 42 Number 1 2013

Fallout: the economic crisis and free expression

CHRISTOS SYLLAS

Greece: free speech takes a beating

JUAN LUIS SANCHEZ

Spain: voices of the plazas

KIRSTY HUGHES

Global view

RAFAEL SPULDAR

On the Ground: Sao Paolo

KENAN MALIK & NADA SHABOUT

Should religious or cultural sensibilities ever limit free expression?

NICK COHEN

Codes of silence

BOUALEM SANSAL

Nightmare with a happy ending

Index Award winner Beatrice Mtetwa detained by Zimbabwe police

This is a guest post by Nani Jansen, Senior Legal Counsel, Media Legal Defence Initiative

Beatrice Mtetwa is one of Zimbabwe’s most high profile lawyers. Renowned for her lack of fear she has long been the go-to lawyer for human rights activists, politicians and journalists threatened by the hard hand of Robert Mugabe’s regime.

She has won international awards aplenty — the Index on Censorship Law Award 2006, CPJ’s Press Freedom Award in 2005; Ludovic-Trarieux International Human Rights Prize of the European Bar Human Rights Institute in 2009, and the International Human Rights Award of the American Bar Association in 2010 — but at home, her defence of Mugabe’s opponents has won her few friends among the regime. In 2003, she was arrested on spurious allegations of drunk driving and beaten by police; and in 2007, Ms Mtetwa and three of her colleagues were beaten by police at a protest against police harassment of lawyers in Harare.

Now she has been arrested again — this time for allegedly “obstructing the course of justice”.

Last Sunday, she was arrested, together with three senior MDC officials, at the house of one of Prime Minister Tsvangirai’s advisers — Thabani Mpofu. She had been called to Mpofu’s house in the morning, when he was arrested and his house was being searched. Upon arrival, Ms Mtetwa asked the police officers conducting the search to produce a search warrant, which they refused. When she protested against continuation of the search, the officers tried to take away her cell phone and purse. Upon resisting this attempt, she was placed under arrest for “obstructing the course of justice.”

After the arrest, Mtetwa was taken to Rhodesville police station in Harare. An urgent petition for her release was filed by the human rights group Zimbabwe Lawyers for Human Rights, which was granted just before midnight. However, police have refused to comply with the court order and Ms Mtetwa is still being held in detention. She is reportedly being moved from one police station to the other prevent her lawyers from officially serving the court order and has been denied access to counsel.

The Media Legal Defence Initiative, on whose international advisory board Ms Mtetwa serves, has now filed a formal petition with the African Union and United Nations’ special mandates for the protection of human rights defenders, the independence of lawyers and freedom of expression for their urgent intervention. While Zimbabwean police refuse to comply with court orders, international pressure — including from the African Union — is hoped to have a result.

Index Award winner Beatrice Mtetwa detained by Zimbabwe police

This is a guest post by Nani Jansen, Senior Legal Counsel, Media Legal Defence Initiative

Beatrice Mtetwa is one of Zimbabwe’s most high profile lawyers. Renowned for her lack of fear she has long been the go-to lawyer for human rights activists, politicians and journalists threatened by the hard hand of Robert Mugabe’s regime.

She has won international awards aplenty — the Index on Censorship Law Award 2006, CPJ’s Press Freedom Award in 2005; Ludovic-Trarieux International Human Rights Prize of the European Bar Human Rights Institute in 2009, and the International Human Rights Award of the American Bar Association in 2010 — but at home, her defence of Mugabe’s opponents has won her few friends among the regime. In 2003, she was arrested on spurious allegations of drunk driving and beaten by police; and in 2007, Ms Mtetwa and three of her colleagues were beaten by police at a protest against police harassment of lawyers in Harare.

Now she has been arrested again — this time for allegedly “obstructing the course of justice”.

Last Sunday, she was arrested, together with three senior MDC officials, at the house of one of Prime Minister Tsvangirai’s advisers — Thabani Mpofu. She had been called to Mpofu’s house in the morning, when he was arrested and his house was being searched. Upon arrival, Ms Mtetwa asked the police officers conducting the search to produce a search warrant, which they refused. When she protested against continuation of the search, the officers tried to take away her cell phone and purse. Upon resisting this attempt, she was placed under arrest for “obstructing the course of justice.”

After the arrest, Mtetwa was taken to Rhodesville police station in Harare. An urgent petition for her release was filed by the human rights group Zimbabwe Lawyers for Human Rights, which was granted just before midnight. However, police have refused to comply with the court order and Ms Mtetwa is still being held in detention. She is reportedly being moved from one police station to the other prevent her lawyers from officially serving the court order and has been denied access to counsel.

The Media Legal Defence Initiative, on whose international advisory board Ms Mtetwa serves, has now filed a formal petition with the African Union and United Nations’ special mandates for the protection of human rights defenders, the independence of lawyers and freedom of expression for their urgent intervention. While Zimbabwean police refuse to comply with court orders, international pressure — including from the African Union — is hoped to have a result.

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