Meet the new Index youth board

[vc_row][vc_column][vc_column_text]Index on Censorship has recruited a new youth advisory board to sit until December 2017. The group is made up of young students, journalists and researchers from four continents.

Each month, board members meet online to discuss freedom of expression issues around the world and complete an assignment that grows from that discussion. For their first task the board were asked to write a short post about a pressing freedom of expression issue from their countries of residence.

Sean Eriksen, youth advisory board, July-December 2017

Sean Eriksen – Brisbane, Australia

Eriksen is a 21-year-old Arts/Law student majoring in history and international relations

Notwithstanding the aphorism that ‘if free expression is to mean anything then it must protect unpopular opinions’, censorship is most tolerable at the fringes; and it is a mark of social progress that bigotry is considered so unpopular that many countries have tried to legislate it out of existence. But the suggestion that hate speech laws represent a positive cultural development does not endear them to those who believe free expression is inherently sacrosanct.

Section 18C(1)(a) of Australia’s federal Racial Discrimination Act 1975 prohibits acts that are reasonably likely to ‘offend, insult, humiliate or intimidate another person or group of people’ based on their race, colour, or national or ethnic origin. This allows administrative review and ultimately litigation, giving judges a wide capacity to make rulings on acceptable public discourse.

Defenders of the law claim that sufficient legislative exemptions protecting artists, commentators and academics exist elsewhere in the legislation, but in practice the standard for offence has not been particularly high. Most famously in Eatock v Bolt, articles by a conservative columnist were prohibited from further publication because he had suggested that many people were identifying as indigenous solely because it had become trendy to do so. This is perhaps a crass point to make, but not one that adults cannot reasonably be exposed to.

Though it may be meant well, the censorship of ugly or even disturbing speech is still censorship. Bad ideas do exist and the only harm is in hiding them.

Adam Rossi, youth advisory board, July-December 2017

Adam Rossi, youth advisory board, July-December 2017

Adam Rossi – Vancouver, Canada

Rossi is a Canadian student pursuing an MA in International Relations. He recently spent a year teaching English in Barcelona, Spain

Seven years after Catalonia’s government outlawed bullfighting in the autonomous region, its officials now find themselves back in the ring. They’ve been thrown in with a great bull, the Spanish government, which has been trying to skewer any Catalan public figure expressing pro-independence views as if they were matadors clad in red.

They have already suspended, fined, and barred from office the former Catalan prime minister, some of his cabinet members, and city councillors for organising a mock referendum back in 2014 and for continually speaking publicly about their belief in the need for real independence. Joan Coma, a leftist city councillor of the Catalan CUP party, now faces an eight-year prison sentence with his passport confiscated for saying, “To make an omelet, you must break some eggs,” in a discussion on independence. Spanish authorities claim that this was a call for political violence. Meanwhile, Spanish President Manuel Rajoy has even threatened to use force to stop the referendum. Not allowing the vote to happen would be undemocratic, essentially ignoring the voice of the people. In addition, these targeted shots at individual citizens such as Joan Coma only serve to drag Spain back to a dark past of civil oppression. They are even using the Francoist penal code to charge Coma. However, these acts only seem to be fuelling the hearts of Catalans, as street demonstrations and “si” vote flags begin to fly proudly outside people’s homes. The current Catalan president, Carles Puigdemont, says the vote will happen regardless, and that the Catalan government will be prepared for immediate separation if the result is a “yes.”

Huw Roberts, youth advisory board, July-December 2017

Huw Roberts, youth advisory board, July-December 2017

Huw Roberts – Hampshire, UK

Roberts graduated from Durham University in June 2017 with a BA in Politics. He has been granted a scholarship to study Public Administration at Shanghai Jiao Tong University

In May 2016 major social media firms, including Facebook and Twitter, signed up to a voluntary code of conduct aimed at combating illegal hate speech. This agreement, in partnership with the European Commission, required the signees to remove hate speech posted on their platform within a twenty-four hour period. Since this deal, the pressure placed on these companies to remove hate speech has been increasing, with proposals forwarded by European Union member states for binding legislation and punitive fines. Undoubtedly, the scope for the facilitation and proliferation of hate speech on these platforms requires a response, however, the current demands being placed on social media firms are fostering policies which often lack refinement and curtail legitimate free speech.

Leaked documents from earlier this year revealing Facebook’s hate speech policies typify the problems censorious practices can raise for free expression. The leading headline from these documents was that white men (as a group) were considered a protected category, yet, black children were not. As such, under Facebook guidelines attacks directed against white men were required to be removed, whilst those targeted at black children were permissible. This policy would not only seem discriminatory towards those most vulnerable within society, but has also proven detrimental to discourse. For example, campaigners from social justice groups such as Black Lives Matter have found their accounts blocked due to criticising structural privileges held by white men. Without an overhaul of the current guidelines in place and a more nuanced approach to censoring hate speech, those most marginalised within society risk having a vital outlet for raising debate and challenging inequalities shut down.

Madara Melnika, youth advisory board, Ju

Madara Melnika, youth advisory board, July-December 2017

Madara Melnika – Riga, Latvia

Madara is a law student at University of Latvia. She has also studied in Salzburg and Berlin

At the beginning of July 2017 one of the most popular sports commentators in Latvia, Armands Puče, was dismissed from covering the Latvian Kontinental Hockey League club Dinamo Riga’s games. Although he was dismissed by the private media enterprise MTG TV Latvia, this case is noteworthy as the journalist claims that the decision on his dismissal was taken after the company received an ultimatum from the KHL bureau in Moscow, threatening to end the KHL’s broadcasting agreement with MTG TV unless Puče was removed.

His colleagues hinted that “just like in Soviet times”, all of the articles written by Puče in his parallel work as a journalist, in which he criticised the political ideology of the KHL and its impact on Dinamo Riga, had been translated into Russian and sent to the KHL main bureau in Moscow. It is important to stress that the mentioned articles were not connected to his hockey broadcasts.

After some time, the media enterprise claimed that its cooperation with Puče was ended due to plans for a new show concept, which would include also changing the anchor of the broadcast. Thus Puče, who had led the Hockey studio ever since the first season of the renewed hockey club Dinamo Riga, had to be let go.

Of course, the commentator is connected to his media employer and represents it. However, can the fate and work opportunities of a sports commentator absolutely depend on his ideology and activities done outside work – and will the teams suddenly play better, if their games are covered by loyal commentators?

Daniel Penev, youth advisory board, July-December 2017

Daniel Penev, youth advisory board, July-December 2017

Daniel Penev – Kyustendil, Bulgaria

Penev is a Bulgarian freelance journalist and a member of the Association of European Journalists

Valentin Todorov is a journalist from Novi Iskar, a town in western Bulgaria, who owns the local news website www.noviiskar.bg. He registered the website under this name in 2010. In June, Todorov learned that Daniela Raycheva, the mayor of the district since 2011, had challenged his right to use this domain. According to the general terms set out by Register BG Ltd., which administrates web domains in Bulgaria, the names of municipalities and regions are reserved for domains registered by the respective administrations. However, when the name is already in use, the parties wanting to use it must either choose another name or wait until it becomes vacant. Here comes the gist of the struggle: when he registered his website, Todorov secured a declaration in which Valentin Kotov, then mayor of Novi Iskar, explicitly states that he will not claim the name while it is active.

“There arises the question as to whether the public administration may, whenever it wishes, make claims in relation to something it has given away and which a citizen owns and has invested in for years,” the Association of European Journalists – Bulgaria wrote in July. “Trust is a media outlet’s greatest capital and it is inseparably connected to its name.”

Todorov suspects that the district mayor resorted to such actions because of the website’s more critical reporting on the various problems in the district. Notably, the mayor only decided to challenge his use of the domain six years after she took office. The administration also already has its own website, www.novi-iskar.bg. Todorov is optimistic about the outcome of the dispute, due by the end August, but if the Register BG commission rules in favour of the mayor, this will set worrying a precedent for all media outlets in Bulgaria.

sophie baggott youth board july december 2017

Sophie Baggott, youth advisory board, July-December 2017

Sophie Baggott – London, UK

Baggott is a journalist focused on promoting human rights

Another resounding voice has blasted proposed changes to the regime protecting official information in the UK, which would deem anyone who communicates information seen ‘to prejudice the United Kingdom’s safety or interests’ or anyone who ‘obtains or gathers’ such information as having committed an offence, potentially resulting in a jail sentence of up to 14 years. To what extent will our government listen to the outcry?

“The proposals threatened would be ‘both retrograde and repressive’”, said the News Media Association (NMA) in a 20-page document released at the end of July. The NMA, which speaks for national and regional UK news media, has highlighted the industry’s concerns about consultative proposals for changes to the Official Secrets Acts and the Data Protection Act, as well as to other unauthorised disclosure offences.

The proposed reforms would lead to ‘damaging and dangerous inroads into press freedom by making whistle-blowers, journalists and media organisations prime targets for state surveillance and criminal prosecution’, the NMA warned. The association said the changes would ‘extend and then entrench official secrecy’, adding: ‘It would be conducive to official cover up. It would deter, prevent and punish investigation and disclosure of wrongdoing and matters of legitimate public interest’.

Investigative journalism could endure a ‘chilling effect’, said the NMA, from how the changes would make it easier for the government to prosecute anyone involved in obtaining, gathering and disclosing information, even if no damage were caused, and irrespective of the public interest. The proposed reforms might also precipitate a more widespread use of state surveillance powers against the media under the guise of suspected media involvement in offences. This would pose a threat to confidential sources and whistle-blowers, the NMA noted.

Is the government going to reconsider or restrict? Either way, the media industry will certainly have to remain on high alert for the foreseeable future.

Dan Bateyko, youth advisory board, July-December 2017

Dan Bateyko, youth advisory board, July-December 2017

Dan Bateyko – Sarasota, Florida

Bateyko is an internet rights researcher from Sarasota, Florida. He is currently travelling on a Watson Fellowship, a one-year purposeful grant for global independent study

U.S. Twitter users blocked by their twit president might have a remedy. On July 11, the Knight First Amendment Institute filed a lawsuit arguing that US President Donald Trump violated the First Amendment rights of dissenting citizens when he blocked them from reading his tweets and contributing their own. Speaking to Index, Katie Fallow, senior staff attorney at Knight Institute, distilled the issue:

“The president may be using social media in a new way, but the First Amendment principles at stake are longstanding. When the government sets up a public forum, whether on Twitter in a town hall, it can’t exclude people just because it doesn’t like what they have to say.”

But whether Trump’s Twitter account can be considered a public forum is a point of contention. As the Knight Institute argues, Trump’s account has all the hallmarks of a public forum; the account tweets news on policy and provides a platform for public debate.  However, in a recent statement, the justice department rejoined that Trump’s editorial control over who to follow and block on his private account is not a constitutional issue.

I chose to highlight this case in my first blog post as a member of Index’s youth advisory board because social media is an incredible tool for giving citizens a voice, granting them a platform to exchange views and petition their public officials. But where and how free speech rights extend online is still far from clear—as Lyrissa Lidksy, dean of Missouri’ School of Law, writes, determining whether comment removal on government-sponsored pages is constitutional “requires close examination of the U.S. Supreme Court’s public forum and government speech doctrines, both of which are lacking in coherence – to put it mildly.”  With clarity, public officials once reticent to tackle the thorny issue of public accounts could feel comfortable with more online civic engagement. And by establishing further precedent, the Knight Institute’s defense of Twitter users will hopefully protect people’s hard-fought rights to free expression online.

Isabela Vrba Neves youth advisory board, July-December 2017

Isabela Vrba Neves youth advisory board, July-December 2017

Isabela Vrba Neves – Stockholm, Sweden

Vrba Neves is a journalist and writer based in Sweden, and a graduate from Kingston University London

Sweden is known for having a good track record when it comes to freedom of expression, and is regarded as being an example in democracy and equality. However, the Nordic country has recently been faced by a wave of threats by far-right groups attacking journalists and media organisations. In February 2017 journalist Evelyn Schreiber received hundreds of death threats and threats of sexual violence after questioning a Facebook post by Peter Springare, a police officer who heavily criticised immigrants for violent crimes.

Springare received support by far-right groups who went after Schreiber with messages and phone calls. In a radio interview Schreiber explained how she believed the threats were “organised” as she would receive a large amount of messages every time a far-right group shared her article on Facebook.

She also described how at first the groups mostly criticised her article, but then progressed to personal vulgar and sexist attacks towards her. The newspaper, Nerikes Allehanda, which published her article, reported the threats to the police.

An issue that Schreiber brings up with these kinds of incidents is that journalists may self-censor for their own safety, which in turn can threaten freedom of expression. To combat this, the Swedish government announced in July 2017 an action plan which aims to strengthen the preventative work towards hate and threats against journalists, artists and elected representatives.

The Swedish Victim Support and the Swedish Crime Victim Compensation and Support Authority have been commissioned to develop material that will provide knowledge and support to those who have been under threat for participating in public conversations, in order to strengthen free speech and freedom of expression.[/vc_column_text][/vc_column][/vc_row][vc_row full_width=”stretch_row_content”][vc_column][three_column_post title=”More from the youth advisory board” category_id=”6514″][/vc_column][/vc_row]

Syria: Rights groups condemn execution of Bassel Khartabil

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Bassel Khartabil (Photo: Courtesy MIT Media Lab)

Bassel Khartabil (Photo: Courtesy MIT Media Lab)

The family of Bassel Khartabil, a Syrian-Palestinian software engineer and free speech activist, confirmed that he had been subjected to an extrajudicial execution in October 2015. The undersigned human rights organisations condemn the extrajudicial execution of Khartabil and call for an investigation into the circumstances surrounding his death.

On 1 August 2017, Noura Ghazi Safadi, Khartabil’s wife, announced on Facebook that her husband has been killed. She wrote: “Words are difficult to come by while I am about to announce, on behalf of Bassel’s family and mine, the confirmation of the death sentence and execution of my husband Bassel Khartabil Safadi. He was executed just days after he was taken from Adra prison in October 2015. This is the end that suits a hero like him.”

On 15 March 2012, Military Intelligence arrested Bassel Khartabil and held incommunicado for eight months before moving him to Adra prison in Damascus in December 2012. During this time he was subjected to torture and other ill-treatment. He remained in Adra prison until 3 October 2015, when he managed to inform his family that he was being transferred to an undisclosed location. That was the last time his family heard from him.

His family subsequently received unconfirmed information that he may have been transferred to the military-run field court inside the Military Police base in Qaboun in Damascus. These courts are notorious for conducting closed-door proceedings that do not meet minimum international standards for a fair trial.

Before his arrest, Bassel Khartabil used his technical expertise to help advance freedom of speech and access to information via the internet. He has won many awards, including the 2013 Index on Censorship Digital Freedom Award for using technology to promote an open and free internet, and was named one of Foreign Policy magazine’s Top 100 Global Thinkers of 2012 “for insisting, against all odds, on a peaceful Syrian revolution.”

Since his detention, human rights groups at a national, regional and international level campaigned for his immediate and unconditional release. On 21 April 2015, the United Nations Working Group on Arbitrary Detention declared his detention a violation of the International Covenant on Civil and Political Rights, and called for his release, yet the Syrian authorities still refused to free him.

The signatory organizations express the deepest sorrow at the death of Bassel Khartabil and believe that his arrest and subsequent execution are a direct result of his human rights work and his efforts to promote freedom of speech and access to information.

We urge the Syrian authorities to:

  • Immediately disclose the circumstances of the execution of Bassel Khartabil;
  • End extrajudicial executions, enforced disappearance, arbitrary arrests, and torture and other ill-treatment;
  • Release all detainees in Syria held for peacefully exercising their legitimate rights to freedom of expression and association.

Signed:

1. Access Now
2. Amnesty International (AI)
3. Arab Digital Expression Foundation (ADEF)
4. Arabic Network for Human Rights Information (ANHRI)
5. Article 19
6. Association for Progressive Communications (APC)
7. Cairo Institute for Human Rights Studies (CIHRS)
8. CIVICUS: World Alliance for Citizen Participation
9. Electronic Frontier Foundation (EFF)
10. English PEN
11. Euromed Rights
12. Front Line Defenders (FLD)
13. FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders
14. Gulf Centre for Human Rights (GCHR)
15. Hivos International
16. Index on Censorship
17. Iraqi Network for Social Media (INSM)
18. Lawyers’ Rights Watch Canada (LRWC)
19. Maharat Foundation
20. Metro Centre to Defend Journalists in Iraqi Kurdistan
21. Palestinian Center for Development and Media Freedoms (MADA)
22. PAX for Peace
23. PEN International
24. Reporters without Borders (RSF)
25. Sisters’ Arab Forum for Human Rights (SAF)
26. SKeyes Center for Media and Cultural Freedom
27. Social Media Exchange (SMEX)
28. Syrian Centre for Democracy and Civil Rights
29. Syrian Center For Legal Studies and Researches
30. Syrian Center for Media and Freedom of Expression (SCM)
31. Syrians for Truth and Justice (STJ)
32. Syrian Network for Human Rights (SNHR)
33. Vigilance for Democracy and the Civic State
34. World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1501752858054-88ccde4a-8e21-0″ taxonomies=”5407″][/vc_column][/vc_row]

Human rights organisations call on French president to pressure Azerbaijan

President of France, Mr. Emmanuel Macron
L’Élysée
55 Rue du Faubourg Saint-Honoré
75008 Paris, France

Ministry of Europe and Foreign Affairs of France
37, Quai d’Orsay
75351 Paris, France

Embassy of France to Azerbaijan
9, rue Rassoul Rza
AZ 1000, Baku, Azerbaijan

Subject: Support for political prisoners in Azerbaijan

11 July 2017

Dear President Macron,

We are writing to you on behalf of the undersigned organisations to draw your attention to the repressive free speech situation in Azerbaijan and to request your support to ensure the release of those imprisoned on politically motivated grounds in this country. In particular, we urge you to use your administration’s  influence and leverage to help ensure the implementation of the ruling issued by the European Court of Human Rights (ECtHR) on the case of political opposition activist Ilgar Mammadov. He remains in prison, although the Court concluded that he was detained in retaliation for his criticism of the government. The persistent non-execution of the ruling in his case by the Azerbaijani authorities is undermining the credibility of the human rights protection regime established by the Council of Europe and sets a dangerous precedent for all those wrongfully prosecuted in Azerbaijan who turn to the Court in search of justice.

In view of France’s role as a leading European state and host country for the ECtHR and other Council of Europe bodies, as well as its well-developed cooperation with Azerbaijan in trade and other areas, your engagement on this issue would be particularly important. We welcome the moral, value-based and human rights oriented leadership that you have embraced for your presidency and are confident that you will vigorously pursue human rights in relations with Azerbaijan’s government on the basis of the common standards set out in the European Convention on Human Rights.

In the last few years, Azerbaijan’s government has carried out a relentless crackdown on alternative voices in the country. Legislation seriously restricting the operation of NGOs has been enforced, independent media subjected to pressure, the political opposition has been marginalised and human rights defenders, journalists and political opposition activists have been arrested, convicted and imprisoned on politically motivated charges.

While some of those imprisoned on such grounds have been released as a result of international pressure, new arrests continue to take place. For example, well-known blogger Mehman Huseynov was arrested and sentenced to two years in prison on defamation charges in March this year after speaking out about police ill-treatment. Journalist Aziz Orujov and opposition member Gozel Bayramli were arrested on other spurious charges in  May,  while in the same month journalist  Afgan  Mukhtarli was abducted in Georgia only to resurface in Azerbaijani custody. Many government critics imprisoned in previous years also remain behind bars, including Ilgar Mammadov.

Ilgar Mammadov, who chaired the political opposition REAL party and served as director of the Council of Europe School of Political Studies in Azerbaijan, was detained in February 2013 after monitoring and reporting on street protests in the town of Ismayilli, which resulted in clashes with the police. He was groundlessly accused of instigating these clashes and sentenced to seven years in prison on trumped-up charges of organising mass riots and using violence against police. In a judgment issued in May 2014, the ECtHR found that Ilgar Mammadov’s arrest and detention violated his rights to liberty and security, judicial review of his detention and to be presumed innocent under the European Convention on Human Rights. The court also found that Azerbaijan’s government had imposed restrictions on his rights for purposes other than those permitted, in violation of its obligations under the Convention. The court concluded that Mammadov was detained on political rather than legal grounds for the purpose of punishing and silencing him for his criticism of the government.

It has now been more than three years since the ECtHR adopted its judgement in this case, but the Azerbaijani authorities have consistently failed to implement it, although Azerbaijan is legally bound to comply with ECtHR rulings as a party to the European Convention on Human Rights. The Azerbaijani authorities have ignored repeated calls by other Council of Europe bodies, including its Committee of Ministers – which supervises the implementation of court rulings, its Secretary General and its Human Rights Commissioner to execute the judgment on Mammadov’s case. In November 2016, Azerbaijan’s Supreme Court rejected an appeal submitted by Mammadov on the basis of the ECtHR ruling and upheld his seven- year prison sentence. As a result, he continues to be unlawfully imprisoned.

To date the case of Ilgar Mammadov is the only one where the relevant authorities have failed to implement an ECtHR ruling that has found that the detention of an individual violates the right to liberty and security under the European Convention on Human Rights. As emphasized in a joint statement issued by 44 members of the Civic Solidarity Platform and the Sport for Rights Coalition in May 2017, the non-implementation of the ECtHR’s judgment on this case has developed into a test of the legitimacy of the Council of Europe as the guardian of human rights and the rule of law in the region. Thus, this case is no longer only about the unlawful deprivation of liberty of Ilgar Mammadov. On the contrary, it has become a case that risks weakening the effectiveness of the entire human rights protection regime established by the Council of Europe, as well as eroding confidence in this regime among people in Azerbaijan and other member states who turn to the ECtHR when their rights are being trampled upon by their governments.

We urge you to do all in your power to help prevent this dangerous outcome and to ensure the implementation of the ECtHR judgment in the case of Ilgar Mammadov, as well as the release of him and others arbitrarily detained on politically motivated grounds in Azerbaijan. To this end, we urge you in particular to:

  • Support the civil society appeal to the Committee of Ministers of the Council of Europe to refer the case of Ilgar Mammadov back to the ECtHR on the grounds of non-execution of the judgment under article 46.4 of the European Convention on Human Rights, which sets out a mechanism in cases where parties to the convention refuse to abide by a final
  • Issue a public statement on the importance of the execution of ECtHR judgments in view of the integrity and credibility of the human rights protection regime established by the Council of Europe, giving particular attention to the failure by the Azerbaijani authorities to date to implement the ruling on the case of Ilgar Mammadov and the wider implications of
  • Prominently raise the case of Ilgar Mammadov and others who have been deprived of their liberty in retaliation for their exercise of fundamental freedoms in Azerbaijan, including Mehman Huseynov, Aziz Orujov, Gozel Bayramli and Afgan Mukhtarli in relations with the Azerbaijani authorities and use all available means of leverage to press for their
  • Invite representatives of Azerbaijani civil society to a meeting to demonstrate support with them and to discuss the challenges they face and ways in which your administration can help address these challenges and promote improved respect for the standards protecting fundamental freedoms set out in the European Convention on Human

We thank you for your consideration of the issues raised in this letter and would be happy to provide additional information should you so request.

Sincerely,

  • Association UMDPL (Ukraine)
  • Bir Duino (Kyrgyzstan)
  • Canadian Journalist for Free Expression (Canada)
  • Center for Civil Liberties (Ukraine)
  • Center for Participation and Development (Georgia)
  • Centre for the Development of Democracy and Human Rights (Russia)
  • Crude Accountability (USA)
  • Eastern Partnership Civil Society Forum
  • Fair Trails (UK)
  • Freedom Files (Poland/Russia)
  • Freedom Now (USA)
  • German-Russian Exchange (DRA – Germany)
  • Helsinki Committee for Human Rights (Serbia)
  • Helsinki Foundation for Human Rights (Poland)
  • Human Rights Matter (Germany)
  • Human Rights Watch (USA)
  • Index on Censorship (UK)
  • International Partnership for Human Rights (Belgium)
  • Kazakhstan International Bureau for Human Rights and the Rule (Kazakhstan)
  • Legal Policy Research Center (Kazakhstan)
  • Legal Transformation Center (Belarus)
  • Libereco – Partnership for Human Rights (Germany/Switzerland)
  • Moscow Helsinki Group (Russia)
  • Norwegian Helsinki Committee (Norway)
  • PEN America (USA)
  • People in Need (Czech Republic)
  • Public Association “Dignity” (Kazakhstan)
  • Public Verdict Foundation (Russia)
  • Regional Center for Strategic Studies (Azerbaijan)
  • The Barys Zvozskau Belarusian Human Rights House (Belarus)
  • The Kosova Rehabilitation Centre for Torture Victims (Kosovo)
  • Truth Hounds (Ukraine)
  • World Organisation against Torture (OMCT)

Human rights defenders from Azerbaijan who have signed the letter:

  • Akif Gurbanov, Institute for Democratic Initiatives
  • Alasgar Mammadli, lawyer
  • Anar Mammadli, Election Monitoring and Democracy Training Center
  • Annagi Hajibayli, Azerbaijan Lawyers Association
  • Asabali Mustafayev, lawyer
  • Bashir Suleymanli, Civil Rights Institute
  • Intiqam Aliyev, Legal Education Society
  • Khadija Ismayilova, human rights defender, investigative journalist
  • Latafat Malikova, Regional Human Rights and Education Public Union
  • Rasul Jafarov, Human Rights Club
  • Samir Kazimli, human rights defender
  • Xalid Bagirov, human rights defender, lawyer
  • Zohrab Ismayıl, Public Association for Assistance to Free Economy

Advocates from five nations demand their governments respect strong encryption

Today, 84 organisations and individuals from Australia, Canada, New Zealand, the UK and the USA sent letters to their respective governments insisting that government officials defend strong encryption. The letter comes on the heels of a meeting of the “Five Eyes” ministerial meeting in Ottawa, Canada earlier this week.

The “Five Eyes” is a surveillance partnership of intelligence agencies consisting of Australia, Canada, New Zealand, the United Kingdom, and the United States. According to a joint communique issued after the meeting encryption and access to data was discussed. The communique stated that “encryption can severely undermine public safety efforts by impeding lawful access to the content of communications during investigations into serious crimes, including terrorism.”

In the letter organised by Access Now, CIPPIC, and researchers from Citizen Lab, 83 groups and individuals from the so-called “Five Eyes” countries wrote “we call on you to respect the right to use and develop strong encryption.” Signatories also urged the members of the ministerial meeting to commit to allowing public participating in any future discussions.

 

Read the letter in full:

Senator the Hon. George Brandis
Attorney General of Australia

Hon. Christopher Finlayson
Attorney General of New Zealand

Hon. Ralph Goodale
Minister of Public Safety and Emergency Preparedness of Canada

Hon. John Kelly
United States Secretary of Homeland Security

Rt. Hon. Amber Rudd,
Secretary of State for the Home Department, United Kingdom

CC: Hon. Peter Dutton, Minister for Immigration and Border Protection, Australia;
Hon. Ahmed Hussen, Minister of Immigration, Refugees, and Citizenship, Canada;
Hon. Jeff Sessions, Attorney General for the United States;
Hon. Jody Wilson-Raybould, Minister of Justice and Attorney General, Canada;
Hon. Michael Woodhouse, Minister of Immigration, New Zealand

 

To Ministers Responsible for the Five Eyes Security Community,
In light of public reports about this week’s meeting between officials from your agencies, the undersigned individuals and organisations write to emphasise the importance of national policies that encourage and facilitate the development and use of strong encryption. We call on you to respect the right to use and develop strong encryption and commit to pursuing any additional dialogue in a transparent forum with meaningful public participation.

This week’s Five Eyes meeting (comprised of Ministers from the United States, United Kingdom, New Zealand, Canada, and Australia) discussed “plans to press technology firms to share encrypted data with security agencies” and hopes to achieve “a common position on the extent of … legally imposed obligations on … device-makers and social media companies to co-operate.” In a Joint Communiqué following the meeting, participants committed to exploring shared solutions to the perceived impediment posed by encryption to investigative objectives.

While the challenges of modern day security are real, such proposals threaten the integrity and security of general purpose communications tools relied upon by international commerce, the free press, governments, human rights advocates, and individuals around the world.

Last year, many of us joined several hundred leading civil society organisations, companies, and prominent individuals calling on world leaders to protect the development of strong cryptography. This protection demands an unequivocal rejection of laws, policies, or other mandates or practices—including secret agreements with companies—that limit access to or undermine encryption and other secure communications tools and technologies.

Today, we reiterate that call with renewed urgency. We ask you to protect the security of your citizens, your economies, and your governments by supporting the development and use of secure communications tools and technologies, by rejecting policies that would prevent or undermine the use of strong encryption, and by urging other world leaders to do the same.

Attempts to engineer “backdoors” or other deliberate weaknesses into commercially available encryption software, to require that companies preserve the ability to decrypt user data or to force service providers to design communications tools in ways that allow government interception are both shortsighted and counterproductive. The reality is that there will always be some data sets that are relatively secure from state access. On the other hand, leaders must not lose sight of the fact that even if measures to restrict access to strong encryption are adopted within Five Eyes countries, criminals, terrorists, and malicious government adversaries will simply switch to tools crafted in foreign jurisdictions or accessed through black markets. Meanwhile, innocent individuals will be exposed to needless risk. Law-abiding companies and government agencies will also suffer serious consequences. Ultimately, while legally discouraging encryption might make some useful data available in some instances, it has by no means been established that such steps are necessary or appropriate to achieve modern intelligence objectives.

Notably, government entities around the world, including Europol and representatives in the U.S. Congress, have started to recognise the benefits of encryption and the futility of mandates that would undermine it.

We urge you, as leaders in the global community, to remember that encryption is a critical tool of general use. It is neither the cause nor the enabler of crime or terrorism. As a technology, encryption does far more good than harm. We, therefore, ask you to prioritise the safety and security of individuals by working to strengthen the integrity of communications and systems. As an initial step, we ask that you continue any engagement on this topic in a multi-stakeholder forum that promotes public participation and affirms the protection of human rights.

We look forward to working together toward a more secure future.

Sincerely,

Access Now

Advocacy for Principled Action in Government

American Library Association

Amnesty International

Amnesty UK

Article 19

Australian Privacy Foundation

Big Brother Watch

Blueprint for Free Speech

British Columbia Civil Liberties Association (BCCLA)

Canadian Civil Liberties Association (CCLA)

Canadian Journalists for Free Expression (CJFE)

Center for Democracy and Techology

Centre for Free Expression, Ryerson University

Chaos Computer Club (CCC)

Constitutional Alliance

Consumer Action

CryptoAustralia

Crypto.Quebec

Defending Rights and Dissent

Demand Progress

Digital Rights Watch

Electronic Frontier Foundation

Electronic Frontiers Australia

Electronic Privacy Information Center

Engine

Equalit.ie

Freedom of the Press Foundation

Friends of Privacy USA

Future Wise

Government Accountability Project

Human Rights Watch

i2Coalition

Index on Censorship

International Civil Liberties Monitoring Group (ICLMG)

Internet NZ

Liberty

Liberty Coalition

Liberty Victoria

Library Freedom Project

My Private Network

New America’s Open Technology Institute

NZ Council for Civil Liberties

OpenMedia

Open Rights Group (ORG)

NEXTLEAP

Niskanen Center

Patient Privacy Rights

PEN International

Privacy International

Privacy Times

Private Internet Access

Restore the Fourth

Reporters Without Borders

Rights Watch (UK)

Riseup Networks

R Street Institute

Samuelson-Glushko Canadian Internet Policy & Public Interest

Clinic (CIPPIC)

Scottish PEN

Subgraph

Sunlight Foundation

TechFreedom

Tech Liberty

The Tor Project

Voices-Voix

World Privacy Forum

Brian Behlendorf, executive director, Hyperledger, at the Linux Foundation

Dr. Paul Bernal, lecturer in IT, IP and media law, UEA Law School

Owen Blacker, founder and director, Open Rights Group; founder, NO2ID

Thorsten Busch, lecturer and senior research fellow, University of St Gallen

Gabriella Coleman, Wolfe Chair in scientific and technological literacy at McGill University

Sasha Costanza-Chock, associate professor of civic media, MIT

Dave Cox, CEO, Liquid VPN

Ron Deibert, The Citizen Lab, Munk School of Global Affairs

Nathan Freitas, Guardian Project

Dan Gillmor, professor of practice, Walter Cronkite School of Journalism and Mass Communication, Arizona State University

Adam Molnar, lecturer in criminology, Deakin University

Christopher Parsons, The Citizen Lab, Munk School of Global Affairs

Jon Penney, research fellow, The Citizen lab, Munk School of Global Affairs

Chip Pitts, professorial lecturer, Oxford University

Ben Robinson, directory, Outside the Box Technology Ltd and Discovery Technology Ltd

Sarah Myers Wes, doctoral candidate at the Annenberg School for Communication and Journalism

J.M. Porup, journalist

Lokman Tsui, assistant professor at the School of Journalism and Communication, the Chinese University of Hong Kong (Faculty Associate, Berkman Klein Center)

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