David Cameron: Protecting our children online

Full text of David Cameron’s speech today:

Today I am going to tread into territory that can be hard for our society to confront, that is frankly difficult for politicians to talk about — but that I believe we need to address as a matter of urgency.

I want to talk about the Internet: the impact it is having on the innocence of children, how online pornography is corroding childhood, and how, in the darkest corners of the Internet, there are things going on that are a direct danger to our children, and that must be stamped out.

I’m not making this speech because I want to moralise or scaremonger, but because I feel profoundly as a politician — and as a father — that the time for action has come. This is, quite simply, about how we protect our children and their innocence.

Let me be very clear, right at the start: the Internet has transformed our lives for the better. It helps liberate those who are oppressed, it allows people to tell truth to power, it brings to education to those previously denied it, it adds billions to our economy, it is one of the most profound and era-changing inventions in human history.

But because of this, the Internet can sometimes be given a special status in debate. In fact, it can be seen as beyond debate. To raise concerns about how people should access the Internet or what should be on it is somehow naïve or backward-looking. People feel they are being told the following:

“An unruly, un-ruled Internet is just a fact of modern life”

“Any fall out from that is just collateral damage”

“You can easily legislate what happens on the Internet as you can legislate the tides”

Against this mindset, people — and most often parents’ — very real concerns are dismissed. They’re told “the Internet is too big to mess with, too big to change.” But to me, the questions around the Internet and the impact it has are too big to ignore. The Internet is not just where we buy, sell and socialise. It is where crimes happen and where people can get hurt, and it is where children and young people learn about the world, each other, and themselves.

The fact is that the growth of the Internet as an unregulated space has thrown up two major challenges when it comes to protecting our children. The first challenge is criminal: and that is the proliferation and accessibility of child abuse images on the Internet. The second challenge is cultural: the fact that many children are viewing online pornography and other damaging material at a young age, and that the nature of that pornography is so extreme it is distorting their view of sex and relationships.

Let me be clear: these challenges are very distinct and very different.

In one we’re talking about illegal material. The other legal material is being viewed by those who are underage. But both these challenges have something in common. They are about how our collective lack of action on the Internet has led to harmful — and in some cases truly dreadful — consequences for children.

Of course, a free and open Internet is vital. But in no other market — and with no other industry — do we have such an extraordinarily light touch when it comes to protecting our children. Children can’t go into shops or the cinema and buy things meant for adults or have adult experiences — we rightly regulate to protect them. But when it comes to the Internet, in the balance between freedom and responsibility, we have neglected our responsibility to our children.

My argument is that the Internet is not a sideline to ‘real life’ or an escape from ‘real life’; it is real life.

It has an impact: on the children who view things that harm them, on the vile images of abuse that pollute minds and cause crime, on the very values that underpin our society. So we have got to be more active, more aware, more responsible about what happens online. And I mean ‘we’ collectively: governments, parents, Internet providers and platforms, educators and charities. We’ve got to work together across both the challenges I have set out.

Let me start with the criminal challenge: and that is the proliferation of child abuse images online. Obviously, we need to tackle this at every step of the way, whether it’s where this material is hosted, transmitted, viewed, or downloaded.

I am absolutely clear that the State has a vital role to play. The police and CEOP — that is the Child Exploitation and Online Protect Centre — are already doing a good job in clamping down on the uploading and hosting of this material in the UK. Indeed, they have together cut the total amount of known child abuse content hosted in the UK from 18 per cent of the global total in 1996 to less than one per cent today. They are also doing well on disrupting the so-called ‘hidden Internet’, where people can share illegal files, and on peer-to-peer sharing of images through photo-sharing sites or networks away from the mainstream Internet.

Once the CEOP becomes a part of the National Crime Agency, that will further increase their ability to investigate behind paywalls, to shine a light on the ‘hidden Internet’, and to drive prosecutions of those who are found to use it. So let me be clear to any offender who might think otherwise: there is no such thing as a ‘safe’ place on the Internet to access child abuse material.

But the government needs to do more.

We will give CEOP and the police all the powers they need to keep pace with the changing nature of the Internet. And today I can announce that from next year, we will also link up existing fragmented databases across all the police forces to produce a single secure database of illegal images of children, which will help police in different parts of the country work together more effectively to close the net on paedophiles.

It will also enable the industry to use the digital hash tags from the database to proactively scan for, block, and take down these images whenever they occur. And that’s exactly what the industry has agreed to do,  because this isn’t just a job for government. The Internet Service Providers and the search engine companies have a vital role to play, and we have already reached a number of important agreements with them.

A new UK-US taskforce is being formed to lead a global alliance with the big players in the industry to stamp out these vile images. I have asked Joanna Shields, CEO of Tech City and our Business Ambassador for Digital Industries, who is here today, to head up engagement with industry for this task force, and she will work with both the UK and US governments and law enforcement agencies to maximise our international efforts.

Here in Britain, Google, Microsoft, and Yahoo are already actively engaged on a major campaign to deter people who are searching for child abuse images. I cannot go into detail about this campaign, because that would undermine its effectiveness, but I can tell you it is robust, it is hard-hitting, and it is a serious deterrent to people looking for these images. When images are reported they are immediately added to a list and blocked by search engines and ISPs, so that people cannot access those sites.

These search engines also act to block illegal images and the URLs, or pathways that lead to these images from search results, once they have been alerted to their existence. But here, to me, is the problem: the job of actually identifying these images falls to a small body called the Internet Watch Foundation. This is a world-leading organisation, but it relies almost entirely on members of the public reporting things they have seen online.

So, the search engines themselves have a purely reactive position. When they’re prompted to take something down, they act. Otherwise, they don’t. And if an illegal image hasn’t been reported, it can still be returned in searches. In other words, the search engines are not doing enough to take responsibility.

Indeed in this specific area they are effectively denying responsibility, and this situation has continued because of a technical argument. It goes that the search engines shouldn’t be involved in finding out where these images are, that they are just the ‘pipe’ that delivers the images, and that holding them responsible would be a bit like holding the Post Office responsible for sending on illegal objects in anonymous packages.

But that analogy isn’t quite right, because the search engine doesn’t just deliver the material that people see, it helps to identify it.

Companies like Google make their living out of trawling and categorising content on the web so that in a few key-strokes you can find what you’re looking for out of unimaginable amounts of information. Then they sell advertising space to companies, based on your search patterns. So to return to that analogy, it would be like the Post Office helping someone to identify and order the illegal material in the first place, and then sending it onto them, in which case they absolutely would be held responsible for their actions. 

So quite simply: we need the search engines to step up to the plate on this.

We need a situation where you cannot have people searching for child abuse images and being aided in doing so. Where if people do try and search for these things, they are not only blocked, but there are clear and simple signs warning them that what they are trying to do is illegal, and where there is much more accountability on the part of the search engines to actually help find these sites and block them.

On all these things, let me tell you what we’ve already done and what we are going to do. What we have already done is insist that clear, simple warning pages are designed and placed wherever child abuse sites have been identified and taken down, so that if someone arrives at one of these sites they are clearly warned that the page contained illegal images. These splash pages are up on the Internet from today, and this is a vital step forward.

But we need to go further. These warning pages should also tell those who’ve landed on it that they face consequences, such as losing their job, their family, even access to their children if they continue. And vitally, they should direct them to the charity campaign ‘Stop It Now’, which can help them change their behaviour anonymously and in complete confidence.

On people searching for these images, there are some searches where people should be given clear routes out of that search to legitimate sites on the web. So here’s an example: If someone is typing in ‘child’ and ‘sex’ there should come up a list of options:

‘Do you mean child sex education?’
‘Do you mean child gender?’

What should not be returned is a list of pathways into illegal images which have yet to be identified by CEOP or reported to the IWF.

Then there are some searches which are so abhorrent, and where there can be no doubt whatsoever about the sick and malevolent intent of the searcher, where there should be no search results returned at all. Put simply — there needs to be a list of terms — a black list — which offer up no direct search returns.

So I have a very clear message for Google, Bing, Yahoo, and the rest: you have a duty to act on this, and it is a moral duty.

I simply don’t accept the argument that some of these companies have used to say that these searches should be allowed because of freedom of speech. On Friday I sat with the parents of Tia Sharp and April Jones. They want to feel that everyone involved is doing everything they can to play their full part in helping to rid the internet of child abuse images.

So I have called for a progress report in Downing Street in October, with the search engines coming in to update me. The question we have asked is clear: If CEOP give you a black-list of internet search terms, will you commit to stop offering up any returns to these searches?

If in October we don’t like the answer we’re given to this question, if the progress is slow or non-existent, then I can tell you we are already looking at the legislative options we have to force action. And there’s a further message I have for the search engines. If there are technical obstacles to acting on this, don’t just stand by and say nothing can be done; use your great brains to help overcome them.

You’re the people who have worked out how to map almost every inch of the earth from space, who have developed algorithms that make sense of vast quantities of information.  You’re the people who take pride in doing what they say can’t be done. You hold hackathons for people to solve impossible Internet conundrums, well — hold a hackathon for child safety.

Set your greatest brains to work on this. You are not separate from our society, you are part of our society, and you must play a responsible role in it. This is quite simply about obliterating this disgusting material from the net — and we will do whatever it takes.

So that’s how we are going to deal with the criminal challenge. The cultural challenge is the fact that many children are watching online pornography — and finding other damaging material online — at an increasingly young age.

Now young people have always been curious about pornography and they have always sought it out. But it used to be that society that could protect children by enforcing age restrictions on the ground, whether that was setting a minimum age for buying top-shelf magazines, putting watersheds on the TV, or age rating films and DVDs. But the explosion of pornography on the Internet, and the explosion of the Internet into children’s lives — has changed all that profoundly. It’s made it much harder to enforce age restrictions, and much more difficult for parents to know what’s going on.

But we as a society need to be clear and honest about what is going on.

For a lot of children, watching hardcore pornography — is in danger of becoming a rite of passage. In schools up and down our country, from the suburbs to the inner city, there are young people who think it’s normal to send pornographic material as a prelude to dating, in the same way you might once have sent a note across the classroom. Over a third of children have received a sexually explicit text or email. In a survey, a quarter of children said they’d seen pornography which had upset them. This is happening. It’s happening on our watch as adults.

And the effect can be devastating. Our children are growing up too fast. They are getting distorted ideas about sex and being pressured in a way we have never seen before. As a father, I am extremely concerned about this.

Now this is where some could say: ‘it’s fine for you to have a view as a parent; but not as Prime Minister… this is an issue for parents, not for the state.’

But the way I see it, there is a contract between parents and the state. Parents say ‘we’ll do our best to raise our children right’, and the state agrees to stand on their side; to make that job a bit easier, not harder.

But when it comes to Internet pornography, parents have been left too much on their own, and I am determined to put that right. We all need to work together, both to prevent children from accessing pornography, and to educate them about keeping safe online.

This is about access and it’s about education, and let me tell you what we’re doing on each. On access, things have changed profoundly in recent years. Not long ago, access to the Internet was mainly restricted to the PC in the corner of the living room, with a beeping dial up modem, downstairs in the house where parents could keep an eye on things. Not it’s on smartphones, laptops, tablet computers, and game consoles. And with high speed connections that make movie downloads and real time streaming possible. Parents need even more help to protect their children across all these fronts.

 

So on mobile phones, it is great to report that all of the operators have now agreed to put adult content filters onto phones automatically. To deactivate them you will need to prove that you are over 18, and the operators will continue to refine and improve those filters. On public Wi-Fi — of which more than 90 per cent is provided by six companies — O2, Virgin Media, Sky, Nomad, BT, and Arqiva. I’m pleased to say that we have now reached an agreement with all of them that family-friendly filters are applied across the public Wi-Fi network, wherever children are likely to be present. This will be done by the end of next month. And we are keen to introduce a “Family Friendly Wi-Fi” symbol which retailers, hotels and transport companies can use to show their customers that their public Wi-Fi is filtered.

That is how we’re protecting children outside of the home. Inside the home, on the private family network, it is a more complicated issue. There has been a big debate about whether Internet filters should be set to a default ‘on’ position. In other words, with adult content filters applied by default — or not.

Let’s be clear: this has never been a debate about companies or governments censoring the Internet, but about filters to protect children at the home network level. Those who wanted default ‘on’ said it’s a no-brainer: just have the filters set to ‘on’, then adults can turn them off if they want to. And that way, we can protect all children, whether their parents are engaged in Internet safety or not.

But others said default ‘on’ filters could create a dangerous sense of complacency. They said that with default filters, parents wouldn’t bother to keep an eye on what their kids are watching, as they’d be complacent and assume the whole thing was taken care of.

I say we need both: we need good filters that are pre-selected to be on unless an adult turns them off, and we need parents aware and engaged in the setting of those filters. So that’s what we’ve worked hard to achieve. I appointed Claire Perry to take charge of this, for the very simple reason that she is passionate about this issue and determined to get things done. She has worked with the big four Internet service providers. TalkTalk, Virgin, Sky, and BT who together supply Internet connections to almost 9 out of 10 homes.

And today, after months of negotiation, we have agreed home network filters that are the best of both worlds. By the end of this year, when someone sets up a new broadband account, the settings to install family friendly filters will be automatically selected. If you just click “next” or “enter”, then the filters are automatically on. And, in a really big step forward, all the ISPs have rewired their technology so that once your filters are installed, they will cover any device connected to your home Internet account.

 

No more hassle of downloading filters for every device, just one click protection. One click to protect whole home and keep your children safe. Now once those filters are installed, it should not be the case that technically literate children can just flick the filters off at the click of a mouse without anyone knowing. So we have agreed with the industry that those filters can only be changed by the account holder, who has to be an adult.

 

So an adult has to be engaged in the decisions. But of course, all this just deals with the ‘flow’ of new customers, those switching service providers or buying an Internet connection for the first time. It does not deal with the huge ‘stock’ of existing customers, almost 19 million households, so this is now where we need to set our sights.

Following the work we’ve already done with the service providers, they have now agreed to take a big step. By the end of next year, they will have contacted all of their existing customers, and presented them with an unavoidable decision about whether or not to install family friendly content filters. TalkTalk, who have shown great leadership on this, have already started and are asking existing customers as I speak.

We are not prescribing how the ISPs should contact their customers, it’s up to them to find their own technological solutions. But however they do it, there will be no escaping this decision, no ‘remind me later’ and then it never gets done. And they will ensure it is an adult making the choice. If adults don’t want these filters — that’s their decision. But for the many parents who would like to be prompted or reminded, they’ll get that reminder, and they’ll be shown very clearly how to put on family friendly filters.

This is a big improvement on what we had before, and I want to thank the service providers for getting on board with this.

But let me be clear: I want this to be a priority for all Internet service providers not just now, but always. That’s why I am asking today for the small companies in the market to adopt this approach too, and why I’m asking OFCOM, the industry regulator, to oversee this work, judge how well the ISPs are doing and report back regularly. If they find that we are not protecting children effectively I will not hesitate to take further action.

But let me also just say this: I know there are lots of charities and other organisations which provide vital online advice and support that many young people depend on. And we need to make sure that the filters do not — even unintentionally — restrict this helpful and often educational content. So I will be asking the UK Council for Child Internet Safety to set up a working group to ensure that this doesn’t happen, as well as talking to parents about how effective they think the filter products are. So making filters work is one front we are acting on; the other is education.

In the new national curriculum, launched just a couple of weeks ago, there are unprecedented requirements to teach children about online safety.

That doesn’t mean teaching young children about pornography, it means sensible, age-appropriate education about what to expect on the Internet. We need to teach our children, not just about how to stay safe online, but how to behave online too. On social media and over phones with their friends. And it’s not just children that need to be educated, but parents.

People of my generation grew up in a completely different world, our parents kept an eye  on us in the world they could see. This is still a relatively new, digital landscape — a world of online profiles and passwords — and speaking as a parent, most of us need help navigating it. Companies like Vodafone already do a good job at giving parents advice about online safety. They spend millions on it and today they are launching the latest edition of their digital parenting guide. They are also going to publish a million copies of a new educational tool for younger children called the Digital Facts of Life.

And I am pleased to announce something else today: a new, major national campaign that’s going to be launched in the new year, that is being backed by the four major internet service providers as well as other child-focused companies, that will speak directly to parents about how to keep their children safe online, and how to talk to their children about other dangers like sexting and online bullying.

Government is going to play its part too.

We get millions of people interacting with government, whether that’s sorting out their road tax, on their Twitter account or — soon — registering for Universal Credit.

I have asked that we use these interactions to keep up the campaign, to prompt parents to think about filters, and to let them know how they can keep their children safe online.

This is about all of us playing our part.

So we’re taking action on how children access this stuff, on how they’re educated about it, and I can tell you today we are also taking action on the content that is online.

There are certain types of pornography that can only be described as ‘extreme’.

I am talking particularly about pornography that is violent, and that depicts simulated rape. These images normalise sexual violence against women – and they are quite simply poisonous to the young people who see them.

The legal situation is that although it’s been a crime to publish pornographic portrayals of rape for decades, existing legislation does not cover possession of this material – at least in England and Wales.

Possession of such material is already an offence in Scotland, but because of a loophole in the Criminal Justice and Immigration Act 2008, it is not an offence South of the border. Well I can tell you today we are changing that.

We are closing the loophole — making it a criminal offence to possess internet pornography that depicts rape. And we are doing something else to make sure that the same rules apply online as they do offline. There are some examples of extreme pornography that are so bad that you can’t even buy this material in a licensed sex shop.

And today I can announce we will be legislating so that videos streamed online in the UK are subject to the same rules as those sold in shops.

Put simply – what you can’t get in a shop, you will no longer be able to get online. Everything I’ve spoken about today comes back to one thing: the kind of society we want to be. I want Britain to be the best place to raise a family.

A place where your children are safe.

Where there’s a sense of right and wrong, and boundaries between them.

Where children are allowed to be children.

All the actions we’re taking come back to that.

Protecting the most vulnerable in our society; protecting innocence; protecting childhood itself.
That is what is at stake.

And I will do whatever it takes to keep our children safe.

Europe divided over mass surveillance?

There have been some sharply contrasting political reactions to the US and UK’s mass surveillance programmes in European countries in recent days. Could the US perhaps play divide and rule in managing the fallout from Snowden’s revelations in Europe? Or is there enough common ground between German, UK or even Russian politicians to push for real changes in US (and UK and French) snooping?

(Photo: Gonçalo Silva / Demotix)

(Photo: Gonçalo Silva / Demotix)

At first glance, it seems the issue is being damped down in the UK in contrast to angry and sustained political debate in Germany, and a more nationalist and opportunistic response by Russian politicians.

Last week British MPs on parliament’s intelligence and security committee confirmed that GCHQ, the UK’s signals intelligence HQ, had indeed obtained intelligence from the US Prism programme. But they concluded, remarkably quickly (no long investigation here), that allegations of law-breaking were “unfounded”. Whether the MPs are right or not, their report in fact only concerns part of Prism – the ‘content’ data GCHQ accessed and not the reams of metadata which can be equally or more revealing about individuals’ activities; and it doesn’t touch at all on the so-called Tempora programme by which, according to Snowden, the UK has been accessing massive amounts of data, by tapping into underwater cables, on a scale that goes beyond even US activities.

Meanwhile in Berlin last week, German politicians on the Bundestag’s control committee – were demanding answers on the NSA revelations from interior minister Hans-Peter Friedrich, who admitted he was still trying to get enough information out of the US on the reach of American surveillance. The following day, German journalists grilled Chancellor Angela Merkel’s spokesman for an hour and half about what the German government and security services already knew about US snooping, and how they will stop it.

Merkel has called on Obama to respect German laws though adding, rather curiously, “on German territory” – snooping on Germans on servers in the US or as their communications pass through underwater cables are side-lined by this emphasis. Merkel is also pushing for action at EU level, promising she will demand much tougher EU data protection laws – due to be agreed in the coming months. Germany’s political response seems in a much higher gear than in the UK.

Over in Moscow, some Russian MPs too are emphasising safeguards to protect personal data from US snooping. But with demands for big companies like Google and Facebook to respect Russian laws and pass on user data when requested (just as they have been in the US), this is not a sudden shift to political support for digital freedom in Russia. It is simple political opportunism taking full advantage of the NSA’s activities and revelations to reinforce Russia’s determined attempts domestically and internationally to control, monitor and impede a free and open internet.

But German, British or EU criticism of Russia’s attacks on digital freedom will be ignored and labelled hypocritical unless there is a much stronger condemnation of mass surveillance from European leaders and action to limit future abuses. Nor is this simply about whether intelligence services are operating within the law (and whose laws) important though that is. It is about ensuring laws do not allow the sort of mass surveillance domestically and internationally that the NSA, GCHQ – and it would seem France too – have been carrying out.

Here the report from the MPs on the British intelligence and security committee potentially opens up a vital debate. Incautious language, the MPs say that existing legislation is “expressed in general terms” and that GCHQ itself was right to put more detailed practices into place to ensure compliance with UK human rights law.  Crucially, though a studied understatement, they say that the “complex interaction” between UK human rights laws and security laws needs further consideration – and commit the security committee to investigate further.

So more digging will happen in the UK, in Germany – and too at EU level thanks to the efforts of the European Parliament.

But the UK is clearly as complicit as the US in mass surveillance. And there is growing and sharper questioning in Germany of how much the government and the security services previously knew about US and UK snooping.

So where new revelations and investigations will take European countries in the coming weeks is an open question. And whether we will see a united defence of digital freedom in Europe and an end to mass surveillance is at best unclear for now and, more probably, highly unlikely.

Kirsty Hughes is the CEO of Index on Censorship. She tweets @Kirsty_Index

Our last, best, hope?

Technology writer and broadcaster Bill Thompson spoke at the recent ISPA Awards dinner. ISPA, the Internet Service Providers Association, represents the companies that connect us all to the Net, and Thompson called on them to stand up for freedom, however hard that may be.  This is an edited version of his talk.

internet-matrix04

I first used the internet in 1984/5 when I was a student at Cambridge University sitting at a dumb terminal on an IBM mainframe and  discovered that we could email people both locally and at other universities.  I didn’t know we were using the Internet, of course, because it was just ‘the network’. I had access when I worked at Acorn Computers, and in the early 1990’s ended up at PIPEX, the UK’s first commercial ISP.

A lot of my work at that time revolved around promoting the idea that the Internet was the right way to build the ‘information superhighway’ beloved of Al Gore, Tony Blair and others, rather than closed, proprietary technologies like AOL, Compuserve and the Microsoft Network. These systems were touted as the alternative to the insecure, unmanageable internet, and for a brief period it looked like they might triumph simply because of the marketing effort that went into them, but in the end it was the open net and the open web that came to provide the infrastucture for our networked economies and society.

In the last three decades the internet has become the pipe that delivers the world to us in all the ways that radio and TV used to and all the ways that radio and TV, as one-way broadcast media, never could.  These days there are many countries where it makes far more sense to occupy the offices of the ISPs after a military coup than it does to take over the television stations.

This triumph comes at a cost. We have managed to avoid replacing the cacophony of the somewhat democratic open standards bazaar with a closed-minded architecture of control in which we would be expected to ask for permission to do anything, and would be reliant on Microsoft, AOL  and those who they approve to maintain, develop and deliver innovation, and to charge what they liked for the privilege, but in the process we have built an internet that is almost impossible to manage.

We see it in the chaos of spam, malware and phishing, as well as the impossibility of creating effective filters for material that we’d prefer our children didn’t see, whatever the government may want to believe (and whatever PR hype they may persuade the Daily Mail to print).  Many ISPs would probably prefer a safe, manageable network where they can control what their customers see and do and avoid takedown notices and copyright trolls and excessive legislation to manage illegal and ‘harmful’ content online.  We know what that world looks like – it’s the content industries dream of compulsory digital rights management, premium services and Ultraviolet, but it doesn’t look that attractive to those of us who value the Internet’s creative potential and see it as the foundation of an open society.

We inherited a network which was designed to be open and permissive and to be used by nice people doing nice things. Over the last three decades it has been unleashed onto the world, and the openness of the network has meant that bad people have used it to do bad things, selfish people have used it to do selfish things, and governments have looked for ways to monitor it using the same features that the authors of Tor used to make it hard to monitor.

As a result today’s internet  is more easily used for oppression than openness, and have seen how the US and UK, like China and others, have been reading as much net traffic as they can get their hands on, and how laws have been written to make such surveillance legal.  The latest announcements on filtering mark a move towards deeper monitoring of the material UK net users are downloading, using the argument that we must ‘think of the children’ to justify this.

It may mark the point at which many ordinary users start to worry that the network they increasingly rely on for many aspects of their daily life is in fact the space in which they are most exposed, where their freedom to live their lives without being observed or suspected is most easily removed, because it is just as impossible to enforce the positive freedoms online as the negative ones. We can’t keep people safe from malware or spam, and we can’t tell them they can speak privately or speak openly without fear of reprisal.

ISPs have a real problem here. It’s the one outlined by Tim Wu and Jack Goldsmith in their book ‘Who Controls the Internet?’, where they point out that whatever freedom we may seek online, the net is  delivered to us by companies that have offices and employees and servers, all of which are located in the physical world. For a company to operate  within a territory it has to obey the laws within that territory, and while it seems to be accepted that there’s some wriggle room over how ISPs manage their tax affairs, disobeying court orders – especially secret ones – is generally seen as being a bad idea. Their lawyers don’t like it. Their families wouldn’t like having to say goodbye as senior executives were whisked off to gaol.

Yet these ISPs have become the de facto guardians of our online freedoms. They are the people who built the networks on which the world now runs, and the choices they make about standards, systems, hardware, traffic shaping, pricing plans and who gets to put tapping equipment in their routing cabinets matter.

The only viable solution I can see  is to work with ISPs to re-engineer the network so that it cannot be so easily subverted by the forces of oppression and control that would close the networks, close society and close our imagination.  We created the internet, it is a product of our imagination and our engineering skill and there is very little about it that could not be re-engineered – if we cared enough to do it, and there are no laws that we cannot change to ensure that the regulation of that re-engineered network preserves our freedoms and does not remove them.

If we want the network to be a tool for freedom then we need to design it in the right way, not simply work with what we have inherited.

Our last, best, hope? Metafilter tells me the phrase was coined by Lincoln but used in Bablyon 5 :-)

Further reading
Larry Lessig on Rewriting the Internet
Marco Ament on Lockdown
Adactio on APIs
Anil Dash on the Web we Lost
Tim Wu & Jack Goldsmith: Who Controls the Internet?

Free expression in the news

INDEX EVENTS
NSA, surveillance, free speech and privacy
Edward Snowden’s leaks about the US’s international mass surveillance programmes has prompted perhaps the definitive debate of our age: How free are we online? Can we ever trust technology with our personal details?
25 July, Time 6.30pm, Free, but RSVP required. Space is limited.
Doughty Street Chambers, WC1N
(More information)

EUROPEAN UNION
EU justice chief vows new data protection laws
A Pakistani human rights organisation has called for an investigation into an alleged “secret censorship deal” between the country’s government and Facebook. Sara Yasin reports
(Business Recorder)

CHINA
A good lesson in Hong Kong on the value of free speech
Mike Rowse sees a civics lesson in two recent debates of public issues
(South China Morning Post)

INDIA
Mysore MP questions credentials of people who misuse freedom of expression
Mysore MP A H Vishwanath on Sunday said freedom of expression is not intended to insult or undermine the historic personalities and litterateurs, media people and film producers should desist from using the names of great personalities to market their produces.
(Times of India)

LIBYA
Libya moves step closer to new constitution amid boycott by minorities
Abusahmain signs law on election of committee to draft new permanent constitution for Libya as ethnic minorities announce boycott.
(Middle East Online)

Hardliners’ pressure forces Libyan women’s football team to stop playing tournaments during Ramadan
Abusahmain signs law on election of committee to draft new permanent constitution for Libya as ethnic minorities announce boycott.
(truthdive)

RUSSIA
Russia’s Anti-Gay Crackdown
RUSSIA’S president, Vladimir V. Putin, has declared war on homosexuals. So far, the world has mostly been silent.
(The New York Times)

TUNISIA
Tunisia lifts travel ban on blogger
A Tunis judge lifted the travel ban against blogger and journalist Olfa Riahi, Tunisie Numerique reported on Saturday (July 20th).
(Magharebia)

TURKEY
In Turkey, Media Bosses Are Undermining Democracy
THE protests that convulsed Istanbul and other Turkish cities last month exposed, among many other things, the shameful role of Turkey’s media conglomerates in subverting press freedom.
(The New York Times)

Turkey bars protestors’ wedding party at park
Police on Saturday fired water cannon and tear gas in downtown Istanbul to disperse anti-government demonstrators after barring them from entering a park where they had hoped to celebrate the wedding of a couple who met during last month’s widespread protests.
(Missoulian)

Turkey loses guest of honor status to Vatican at Turin book fair
Turkey will not be the guest of honor at next year’s Turin International Book Fair, which will instead host the Vatican in an unexpected move by the fair’s organizers, Turkish news agencies reported over the weekend.
(Missoulian)

UNITED STATES
Diversionary Theatre’s Freedom of Speech: One Woman’s Cross Country Journey to Find Out What’s Going On
An artist in the complete sense, Eliza Jane Schneider, can do practically anything on stage-from singing, to playing an instrument, to doing a 180 from one character to the next. Showcasing her many talents, Schneider opened Freedom of Speech on July 11th at the Diversionary Theatre. It is a Moxie Theatre presentation, directed by Delicia Turner Sonnenberg.
(San Diego Free Press)


Previous Free Expression in the News posts
July 19 | July 18 | July 17 | July 16 | July 15 | July 12 | July 11 | July 10 | July 9 | July 8 | July 5 | July 4


What surveillance means to YOU

We held a live Google hangout with Trevor Timm of the Electronic Frontier Foundation and Rebecca Mackinnon of Gloval Voices discussed what mass surveillance means to all of us as individuals. Hosted by Padraig Reidy of Index, the 30-minute event explored in the issues around government surveillance of innocent civilians.

Trevor Timm is an activist at the Electronic Frontier Foundation. He specializes in surveillance, free speech, and government transparency issues.

Rebecca Mackinnon is a Bernard L. Schwartz Senior Fellow at the New America Foundation. Mackinnon is the author of Consent of the Networked.

Related
Snowden leaks open up the great question of our age

Past Event: New World (Dis)Order – What do Turkey, Russia and Brazil tell us about freedom?

Index, in partnership with the European Council on Foreign Relations, held a debate launching the latest issue of Index on Censorship magazine looking at the recent protests in Turkey, Russia and Brazil and what they tell us about public attitudes to freedom and rights.

The discussion explored the difficulties in protecting freedom of speech when political and social power is shifting across the globe. Panelists included Index CEO Kirsty Hughes, ECFR Senior Policy Fellow Anthony Dworkin, Keith Best, CEO of Freedom From Torture, and Turkish journalist and writer Ece Temelkuran.

Temelkuran, who has been a vocal critic of Turkish Prime Minister Recep Tayyip Erdoğan, spoke about the decline in media freedom and credibility since the start of anti-government protests in the country:

 

 

Dworkin, meanwhile, spoke about anti-government protests, and how they play into the shift in power on the global stage, and also reflect a loss of faith in the democratic process:

 

 

 

Index CEO Kirsty Hughes argued that democracies must work hard to protect free speech, especially when we’ve moved towards a multipolar world:

 

 

 

 

Keith Best, from Freedom from Torture, argued that the undermined authority of western powers has also meant a rise in impunity for torture:

 

The panel also discussed the role of technology in shifting the balance of power globally, after an audience member asked whether or not “bottom up politics are weakening the institutions of the state.”:

 

 

 

 

 

 

For a range of in-depth reports and articles on journalism, freedom of speech, censorship and arts check out the latest issue of the magazine here. Be sure to follow @IndexEvents for more updates on our exciting events and discussions 

Burma: Freedom of expression in transition

Index on Censorship Report: Burma is at a crossroads. The period of transition since 2010 has opened up the space for freedom of expression to an extent unpredicted by even the most optimistic in the country.

Burmese magazines

The number and range of media in Burma has proliferated

Yet this space is highly contingent on a number of volatile factors: the goodwill of the current President and his associates in Parliament, the ability of Aung San Suu Kyi to assure the military that her potential ascendancy is not a threat to their economic interests and the on-going civil conflicts not flaring into civil war. The restrictive apparatus of the former military state is still available for the government to use to curtail freedom of expression – the most draconian laws are still on the statute book affecting the media, the digital sphere and the arts; police and local authorities have significant discretion when it comes to approving speech and performance, and the judiciary has a limited institutional understanding of freedom of expression. In effect, the old state remains in the shadows – or as one journalist told Index: “the generals have only changed their suits”.

Yet Burma has changed. The country is freer than it was during Index’s mission in 2009, when meetings were held in secret. In March this year, Index co-produced a symposium on artistic freedom of expression with local partners, the first public conversation of its kind in recent history. The abolition of pre-censorship of newspapers and literature, the return of daily newspapers, the release of political prisoners and the open space given to political debate all signal real change. The question for the government and the opposition is: will the transition be sustained with legal and political reform to reinforce the space for freedom of expression and to dismantle the old state apparatus that continues to pose a threat to freedom of expression?

This paper is divided into the following chapters: Burmese politics and society; media freedom; artistic freedom of expression and digital freedom of expression. The report is based on research conducted in the UK and 20 interviews (with individuals and groups) in March 2013 conducted in Mandalay and Yangon. Due to the ongoing possibility of future prosecutions, the interviewees have been kept anonymous.

Politics and society looks at the role of the President, United Solidarity and Development Party (USDP), Aung San Suu Kyi and the National League for Democracy (NLD) and the student movement and freedom of expression, ethnic conflict and the constitution and the need for reform, freedom of association and freedom of assembly.

The media freedom chapter looks at the press council, existing impediments to media freedom, the state of media plurality and self-censorship in the press. The artistic freedom of expression chapter covers theatre and performance art, literature, music and film. Finally, the digital freedom of expression chapter looks at access issues, the impact of new technologies and state censorship on the digital sphere. The report is based on a series of interviews conducted in Rangoon and Mandalay in March 2013, with additional interviews conducted in April 2013 in the same cities.

Recommendations
To maintain the progress of the transition the government of Burma must:

  • Prepare a roadmap in this session of parliament that lays out how Burma will reform the legal framework that curtails freedom of expression. The reform must curtail the emergency legislation imposed by the military regime; end the licensing of newspapers and decriminalise defamation, open up access to the internet and remove restrictive laws that penalise its use and annul provisions in the penal code dating from British colonial rule that criminalise political speech and freedom of association. The EU, US and other partners must be prepared to revisit sanctions if the government of Burma fails to deliver this roadmap.
  • Abandon the restrictive press law put forward by the Ministry of Information and allow the Press Council to continue to lead on the process of drafting a new legal framework for the press and other media actors.
  • Prior to enacting a new legal framework for the press, the use of emergency powers to ban the publication of media in Burma must be stopped.
  • Bureaucratic hurdles to freedom of expression should be removed immediately, in particular the requirement for permits for public performances (live music, public art, political readings) to be signed off by multiple layers of government.
  • The government should give clear instructions to local police forces that the use of restrictive legislation to stop peaceful public demonstrations is excessive and should be stopped in particular Article 18(b) of the Peaceful Assembly and Peaceful Procession Law and section 505 of the penal code.

NEXT SECTION: Politics and society

Burma: Freedom of expression in transition: Introduction | Politics and society | Media freedom | Artistic freedom of expression | Digital freedom of expression | Conclusion | Full report in PDF format

Pippa and Britain’s parody problem

Pippa Middleton is reported to have threatened legal action against a spoof twitter account and book. But a recent study claims that parody has cultural and economic benefits for Britain, and the government is set to loosen copyright laws, allowing people to freely use others’ creations for comedy.

Goodbye to LOLs? Pippa Middleton is reported to have taken legal action against a spoof twitter account (Pic Angus Mordant/Demotix)

Goodbye to LOLs? Pippa Middleton is reported to have taken legal action against a spoof twitter account (Pic Angus Mordant/Demotix)

I’m fairly certain I’m the only person I know who owns a copy of Pippa Middleton’s Celebrate. I’m not even entirely sure why I own it.

It’s not actually a terrible book. Well, not that bad. At times it does seem that Pippa’s specialist subject on Celebrity Mastermind would be The Obvious, yes (ice makes things cold, that kind of thing). But recently a friend came for lunch, and we cooked a very nice salad from Pippa’s book.  I know not whether Pippa wrote the recipe herself or not. I don’t care very much who wrote it either. It was nice.

Until recent newspaper reports, I had no idea who was behind PippaTips, the Twitter account that poked fun Middleton’s more pedestrian pieces of advice (“#PippaTip: dressing up in nice clothes is a stylish way to look great at a party”). Again, I wasn’t hugely concerned. It was a reasonably amusing twitter feed, but I didn’t hang on every update.

Which is why I failed to notice it had been inactive for a month.

This lack of tips is apparently due to an ongoing legal shemozzle between Pippa Middleton and Icon Books, the publishers of “When One is Expecting: A Posh Person’s Guide to Pregnancy and Parenting”, authored by “the creators of @Pippatips (Mat Morrisroe and Suzanne Azzopardi, for the record).

The parody pregnancy guide is doing reasonably well on Amazon (one reviewer does describe it as “not much more than a posh version of the Top Tips section/books of Viz magazine” – which is actually high comedy praise indeed).

According to the Daily Mail, Pippa’s lawyers are pursuing the creators of this gentle joshing for “passing off” – that is, marketing the book and Twitter account as actually written by Ms Middleton – but the exact nature of the action remains unclear.

Is it possible that Pippa’s lawyers Harbottle and Lewis are threatening litigation not just for passing off, but possibly also for defamation? When questioned by Index, a spokeswoman for the firm said it was the firm’s policy “not to comment on client matters”.

A defamation case seems unlikely, but it’s not unknown for lawyers to raise the idea in order to strike the fear of God into publishers.

In 2010, at the height of the MPs expenses scandal, the Barclay Brothers, owners of the Telegraph newspapers, threatened to sue Private Eye magazine for a joke about the brothers’ tax status.

Private Eye said that this was their first ever libel threat for a joke. But has the magazine famous for its spoof columns by politicians, hacks and celebs ever faced action for “passing off”? “The answer is no” came the simple reply from editor Ian Hislop when Index inquired.

The most infamous “passing off” case of recent years was that of Conservative politician and diarist Alan Clarke versus the Evening Standard, in 1998. The Standard ran a spoof column headlined The Secret Diary of Alan Clarke. Clarke took umbrage, and in spite of the fact that the column was obviously a joke (along the lines of the Guardian’s Samantha Cameron spoof column Mrs Cameron’s Diary), Clarke won his court case, with the judge absurdly ruling that because the paper was largely read by commuters who wouldn’t really be paying attention as they fought to defend their space on the evening train home, it was possible that people would think the articles were genuine.

It seems clear that the PippaTips account and book are parodies: even the Twitter bio states “clearly a parody”, and the book does not make any claim to be written by Middleton herself.

Does Middleton have a case to make then? According to the Intellectual Property Office, “passing off” cases hinge on whether:

• you have established a reputation in  your mark;

• the use you are complaining of  would be likely to confuse or deceive the public; and

• the use would be likely to damage your business and goodwill.

These matters are up for debate. Publishing lawyer Bernie Nyman says that he can see no evidence that Pippa Middleton has trademarked her name.

Are the public likely to be confused or deceived? Unlikely. As we’ve seen, there is no claim that the book is authored by Pippa Middleton, and the twitter account is marked as parody. Twitter’s own rules say that “You may not impersonate others through the Twitter service in a manner that does or is intended to mislead, confuse, or deceive others”.

If the account had done so, then it is likely it would be suspended by Twitter, and yet it remains.

Nyman says he thinks the account authors have “done enough to give themselves an arguable case that it’s not passing off.”

Furthermore, says Nyman, “there is no question of copyright infringement, as far as I’m aware.”

As to the question of whether Middleton is likely to damage Middleton’s business or goodwill, a recent study on online parody and satire suggests that the opposite is true.

Evaluating The Impact of Parody, commissioned by the Intellectual Property Office, and led by Dr Kris Erickson of Bournemouth University, found that there was no evidence that YouTube parodies caused any damage to earning potential of artists; indeed, the most parodied artists were often the most successful.

The study states: “We have evaluated two potential sources of economic harm – substitution and reputational effects – finding no compelling evidence that parody is damaging to the original in terms of the latter’s ability to attract and monetise an audience via the online platform.”

In fact, the study suggests that “enabling user-generated content such as parody could have positive economic benefits for the UK. Instead of an economic justification for limiting parody content, we find compelling reasons to promote the creation of more parody content based on UK works.”

And this is not just the case for YouTube: the researchers suggest that while further work may need to be carried out on “TV, print, photography and interactive games”, they hope the insight can be “drawn and applied to other markets.”

Britain currently does not have an exemption for parody in copyright law, despite the fact that the European Union’s directive on copyright does allow for such an exemption. The IPO is suggesting that the UK does just that. Vince Cable announced late in 2012 that there was a possibility this could happen, and the IPO has now come up with drafting of amendments to the Copyright, Designs and Patents Act 1988, which would specifically protect fair usage of other artists’ material in parody – whether that be “weapon parody” – parody used to make a point, or “target parody” often directed at the original artist.

In a statement, the IPO told Index:

“Government has announced its intention to introduce a new copyright exception to allow certain acts of parody, caricature and pastiche, and has published draft legislation to this effect. Once finalised the changes will form part of a package of provisions to be laid before Parliament later in the year.”

All this, though, pertains to parodies where original material has been copied but altered for parodic purposes: Downfall videos, for example, or one of the hundreds of versions of Adele’s Rolling In The Deep marked as “parody” on YouTube.

But the people behind @pippatips did not actually use anything but their own material, in a pastiche of the style and tone of Middleton’s book.

In a recent LRB article, novelist Jonathan Coe suggested that the prevalence of satire was in fact neutering British political and cultural life, sending the country, as Peter Cook put it, “giggling into the sea”. But even with the proposed reforms to copyright laws governing parody, satire is still clearly seen as a threat by the UK establishment.

In 2011, Britons were surprised to discover that film footage of parliamentary debates is not allowed to be used for satirical purposes. This information arose after an episode of the US political satire programme The Daily Show was pulled from UK television because it contained footage from a parliamentary debate on the phone hacking scandal. As the New Statesman’s Helen Lewis pointed out , “Americans can make fun of what happens in our parliament but we can’t”.

And while Private Eye may only ever have had one libel threat over a joke, Eye journalist and author of the magazine’s official history Adam McQueen says that “people have written letters to editor over the years making it clear that they aren’t really like what was said about them in the jokes section.”

Satire, pastiche and parody are widely held to be part of what makes Britain great. But it seems not everyone is willing to exercise their right to laugh and be laughed at.

Padraig Reidy is senior writer at Index on Censorship. @mePadraigReidy

Free expression in the news

CANADA
Guest Post: Hate speech laws in Canada: one step back, two steps forward?
This year has seen significant developments in Canada’s hate speech legislation, say attorneys Ryder Gilliland and Adam Lazier.
(Index on Censorship)

PAKISTAN
Facebook allegedly has “secret censorship deal” with Pakistan
A Pakistani human rights organisation has called for an investigation into an alleged “secret censorship deal” between the country’s government and Facebook. Sara Yasin reports
(Index on Censorship)

RUSSIA
US and UK condemn Navalny conviction
The American ambassador to Russia and the British Foreign Secretary have reacted strongly after a Kirov court today sentenced Russian opposition leader Alexei Navalny to five years in a penal colony, Sara Yasin reports
(Index on Censorship)

TURKEY
Journalist Ahmet Altan Receives 11 Months of Prison
Journalist Ahmet Altan received 11 months and 20 days of prison for insulting PM Erdoğan in his article “State Complicity and Morality”. While the sentence was commuted to a fine of 2,800 euros, Altan’s advocate found the verdict against European Convention on Human Rights.
(bianet)

UNITED KINGDOM
Pippa Middleton and Britain’s parody problem
Pippa Middleton is reported to have threatened legal action against a spoof twitter account and book. But a recent study claims that parody has cultural and economic benefits for Britain, and the government is set to loosen copyright laws, allowing people to freely use others’ creations for comedy. Padraig Reidy reports
(Index on Censorship)

UNITED STATES
Indiana Gov Sought To Ban Howard Zinn from Classrooms
Shortly after assuming his position as president of Purdue University last January, former Indiana Gov. Mitch Daniels (R) established his commitment to free speech in an open letter to “the people of Purdue.” In a section titled “Open Inquiry,” he declared, “A university has failed its special mission if it fails to protect free and open debate. … The ensuring of free expression is paramount.”
(In These Times)

Photos of bloodied Boston bombing suspect published in response to ‘Rolling Stone’ cover
Fighting free expression with free expression, an officer with the Massachusetts State Police who, like many Americans, was upset with Rolling Stone magazine’s new cover treatment of Boston Marathon bombing suspect Dzhokhar Tsarnaev, has published a series of photos in Boston Magazine that he believes more accurately represent Tsarnaev’s actions and character.
(The Verge)

Judge Upholds Law Meant to Keep Minors out of Porn
A federal law requiring pornography producers to verify performers are at least 18 years of age withstood an industry challenge Thursday after a federal judge rejected arguments the measure imposes burdensome record-keeping requirements that chill free speech.
(ABC News)

Fear: The greatest threat to free speech
At various times, every American likely has wished for less of some things that the First Amendment protects. Less hateful speech. One less noisy protest group. Or maybe even the swift departure of a media outlet or personality whose stance or voice is just grating on a personal level.
(The Daily Herald)

S.C. Supreme Court Rules FOIA Does Not Infringe on Free Speech of Public Bodies
The S.C. Supreme Court ruled Wednesday that the non-profit state Association of School Administrators can’t argue the Freedom of Information Act infringes on its 1st Amendment right to speech and association.
(Southern Political Report)


Previous Free Expression in the News posts
July 18 | July 17 | July 16 | July 15 | July 12 | July 11 | July 10 | July 9 | July 8 | July 5 | July 4


Facebook allegedly has “secret censorship deal” with Pakistan

A Pakistani human rights organisation has called for an investigation into an alleged “secret censorship deal” between the country’s government and Facebook. Sara Yasin reports

According to Bytes for All (B4A), a representative of the Pakistan Telecommunication Authority claimed on 4 July that “the government of Pakistan has an existing ‘arrangement’ with Facebook, which allows them to have ‘undesirable content and Facebook pages blocked as per directions from the authority”.

In an open letter to the Global Network Initiative (GNI) — of which Facebook is a member — B4A said that if true, it is “betrayal by the company towards the users of Facebook in Pakistan. The claim is upsetting because if true, it breaches the trust of its users, vehemently opposes what Facebook publicly proclaims in its principles, and is in stark contrast to the social network’s commitment to freedom of expression, peaceful assembly, and association as a member of the Global Network Initiative”.

On 22 May, at this year’s Stockholm Internet Forum, it was announced that Facebook would join the GNI — a multi-stakeholder group dedicated to promoting and defending freedom of expression in the Information and Communication Technology (ICT) sector.

“As the largest social network, both in Pakistan and the global cyberspace, we feel that Facebook following its own principles and the principles of GNI can go a long way in ensuring that citizen’s right to access, privacy, and freedom of expression are preserved even under hostile and difficult environments”, said B4A.

B4A has also been embroiled in a battle to reverse a September 2012 decision to block YouTube. The country decided to block the video sharing site for refusing to take down a clip from controversial anti-Islam film “Innocence of Muslims.”

Sara Yasin is an Editorial Assistant at Index. She tweets from @missyasin