How the law caught up with the internet

The decentralised, ungovernable nature of the early internet was an intentional design feature and not a bug. As a result, today’s internet is an open network, where unprecedented creative and economic innovation, art, commentary and citizen journalism flourish.

But child pornography, hate speech and copyright infringement have also thrived, leading to mounting pressures to bring online activity under government control. As nations push for these changes, global interconnectivity and freedom of expression are at risk.

As long as computers speak the TCP/IP protocol, or ‘language’, they can exchange information without centralised controls, standardised operating systems or consideration of geographic location. Users do not need to register or identify themselves. These networks are both simple and robust, and there is no single point of failure.

The Innocence of Muslims film was widely censored

The laissez-faire design principles of the network are reinforced by the legal regime of its birthplace, the United States. The US allows private, unregulated businesses to connect to and innovate on the network without government permission. The First Amendment guarantees that the vast majority of online communications will not result in governmental sanction. Section 230 of the Communications Decency Act of 1996 (CDA), which states that online platforms should not be treated as if they are the speaker or publisher of user-generated content, ensures that online companies are not required to review user posts in advance to avoid liability, a precaution that would be impossible anyway, considering 72 hours of video are uploaded to platforms like YouTube every minute.

While the founding fathers of the internet weren’t envisioning Facebook or YouTube, the TCP/IP protocol made these innovations possible. Photos of cats, indie music and films from around the world can all be found online, along with fraudsters, Nazi propaganda and videos about how to be anorexic.

Activist and co-founder of the Electronic Frontier Foundation John Gilmore said in 1993: ‘The net interprets censorship as damage and routes around it.’ But in the face of the darker uses of the network, Gilmore’s celebration has become a rallying cry for regulation. Apprehending individuals who behave illegally online can be difficult.

An individual posting illegal content might be pseudonymous and their identity not readily ascertained. Or the user might be based outside the jurisdiction where legal proceedings have been initiated. If one service provider blocks access to content or removes a video or song, another user, or users, will almost certainly repost the material, giving it far more attention than it originally received and far wider distribution.

This phenomenon is so common it has been given a name, the Streisand Effect, based on Barbra Streisand’s extensive but ineffectual legal attempts to stop online publication of photographs of her Malibu, California beach house.

Tools for government control

Nevertheless, despite the assertion that technology has outpaced the ability of the law to regulate it, as a result of technological, economic and political changes, online speech on today’s internet is no longer beyond governmental control.

The vast majority of activity is not anonymous – it’s branded with a unique identifier that links details to a particular network account. Internet Service Providers (ISPs) collect and store which IP address information was assigned to what subscriber for billing and operational purposes. Moreover, online businesses increasingly collect IP address information to identify repeat customers, tailor services and target advertising.

These services associate IP address data with other information that can be used to profile, track, physically locate or otherwise identify a user. Governments and civil litigants are learning how to use this information to identify individuals. The old joke was that on the internet, no one knew you were a dog.

Today, everyone knows your breed and what kind of kibble you buy. Not long after the implementation of TCP/IP protocol, its creators decided that easy-to-remember domain names like stanford.edu or facebook. com were better monikers for networked sites than the original IP addresses, which consisted of a long string of numbers.

They set up the domain name system (DNS), a system of databases that translates unique identities into machine-readable addresses. Without accurate and cooperative DNS servers, users cannot find and connect to pages. DNS has become a powerful tool for governments to control the internet.

DNS redirection or filtering, called DNS poisoning, is increasingly common. The Chinese government uses this technique extensively. When a user attempts to connect to sites the government does not want them to access, he or she is simply redirected elsewhere. Domain names themselves are targets for government control.

In 2011, the United States Immigration and Customs Enforcement (ICE) agency automatically shut down over 700 websites for alleged copyright infringement, including the sports streaming sites rojadirecta.com and rojadirecta.org and music site http://dajaz1.com. In many cases, ICE was able to seize these domain names without an adversarial hearing, meaning that website owners were not able to defend their practices in court.

The secrecy of the proceedings was another huge challenge. For both rojadirecta and dajaz1, the government eventually gave the names back, without providing probable cause for the seizure. But the harm was done. In a fast moving economic environment, a business that loses its domain name for even a few months is basically dead.

Governments have also found ways to control online expression by controlling the services people use to connect to the network: electricity providers, ISPs, broadband and cellular providers. Companies that lay power lines or fibre optic wires to users’ homes or operate cellular networks to which internet-enabled devices connect are usually highly regulated and have a cosy relationship with the government. In some countries, these services cannot operate without government approval.

The Arab Spring

During the 2011 protests the Egyptian authorities cut internet access

During the 2011 Arab Spring protests, some reports say that the Egyptian governmentsimply shut off power at an important internet exchange point where ISP lines connected to the network outside the country. The government contacted those ISPs that were not directly affected by this move and instructed them to discontinue services or risk losing their communications licences.

Similarly, Syria has only one domestic internet provider and it is owned by the government. So Syrian authorities have a direct avenue for monitoring, filtering and blocking traffic. Authorities in that country have also disconnected the mobile 3G network to prevent access through the phone network; they have been known to disconnect the electricity supply to control citizens during clashes between the military and protesters or rebel forces.

Unable to use normal means of communication, activists have no choice but to give news and footage to those who know how to circumvent bans so that the information gets out to the world. These kinds of wholesale shutdowns obviously produce a lot of collateral damage for ‘innocent’ users of electricity and communications services.

There is a public cost to this kind of obvious, direct censorship. In the case of Tunisia, the tactics were less obvious. There were reports that the government manipulated Facebook login pages to obtain activists’ passwords and delete their accounts, along with pages organising protests. During Iran’s 2009 Green Revolution, the government prevented citizens from accessing popular dissident websites and used DNS blocking to redirect activists attempting to organise protests via Facebook or Twitter. Since much of the data transmitted over the Iranian (and global) network is unencrypted, the Iranian government has an easy time spying on its citizens.

Blocking offensive material

Communications platforms like Gmail, Twitter, Facebook and YouTube are ripe targets for censorship. In September, Google refused to delete the YouTube-hosted video The Innocence of Muslims, which depicted the Prophet Mohammed and insulted many around the world. The video has been widely regarded to be connected to attacks on the US consulate in Libya, in which the US ambassador and three other State Department employees were killed. As word of the video spread, there were violent protests around the world and governments faced demands to remove the video from the internet.

As a result of the protests, Google initially blocked access to the video in Libya and Egypt by blocking IP addresses associated with those countries’ ISPs so that they could not connect to the YouTube server. It also blocked access in India and Indonesia and, in response to government requests, in Saudi Arabia and Malaysia. Google also blocked the video using geographical filtering. Eventually, it restored access in Libya and Egypt. The video continues to be accessible to the rest of the world and people in blocked countries may view the clip by routing requests through non-local IP addresses.

It’s not surprising that the video remains online – the First Amendment and a decentralised network guaranteed that. What’s surprising is that Google actually blocked the video. The company has such considerable international business interests that following local law in the jurisdictions concerned was in its best interests.

A purely US-based company or an online speech platform with no business interests might have chosen to do nothing. But these days it’s rare for an internet platform to ignore international demands for censorship or for user data. Companies have a potentially international user base and in order for them to exploit it, they increasingly give foreign government demands substantial weight, and not only when they have staff or assets on the ground.

When intermediaries like ISPs fail to comply, this doesn’t stop national censorship. Thailand has blocked the entire YouTube site for hosting videos that mock the Thai king. Turkey has blocked access to webpages about evolution. A decade ago, France successfully stopped Yahoo!’s local subsidiary from hosting auctions for Nazi memorabilia and fined its US division for failure to block French users. Today copyright holders are pressuring European ISPs to block The Pirate Bay, a website dedicated to the sharing of copyrighted materials.

Network problems like unwanted spam and malware have encouraged providers to develop tools that can analyse and disrupt traffic. The economic consolidation of network providers and entertainment companies has encouraged conglomerates to look at favouring and disfavouring – essentially blocking – certain content or applications on their networks. Some countries are now asking these providers to block access to certain content, or to collect transactional data about users’ internet access for subsequent monitoring and potential prosecution.

In 2009, a German man convicted of murder sued Wikipedia and various news outlets for posting information about his crime, asserting his ‘right to be forgotten’, which is recognised in Germany. Wikipedia’s German language service removed the entry, but the English language version has so far refused.

In 2010, Italy criminally convicted three Google executives in response to a YouTube video depicting a disabled child being bullied. Though the content was removed within hours of the company receiving notification, the court faulted it for not screening the video prior to posting. And a court in Brazil ordered the arrest of Brazil Google’s senior executive for failing to remove a video critiquing a mayoral candidate, which violates local election laws.

Also in 2010, various US businesses and government agencies took steps to block the WikiLeaks website after it published a classified cache of leaked diplomatic cables. Private companies, including Amazon and PayPal, stopped doing business with WikiLeaks on the grounds that it violated their terms of service, although, according to reports, the US State Department encouraged the decision. Copyright is a particularly salient cause for censorship in the West.

In one you-can’t-believe-it’s-true example from earlier this year, Amazon remotely deleted copies of George Orwell’s 1984 and Animal Farm from Kindle devices because the books had been added to the Kindle store by a company that did not have the rights to distribute them. No censor could ever hope to seize and burn every paper copy of Fahrenheit 451, and yet digital books can easily be disappeared.

The end of the global network?

Today, our global network is evolving into a parochial one. China already has its own surveilled and monitored internet. Iran is in the process of creating its own domestic network and has started blocking American companies like Google from providing online services to its citizens. As companies block or are blocked in compliance with international assertions of sovereignty from countries around the world, we are in danger of fragmenting the network along national borders.

International efforts to regulate the network are even more frightening. Taking place behind closed doors, the International Telecommunications Union (ITU), a United Nations organisation representing 193 countries, is reviewing international agreements governing telecommunications with a view to expanding its regulatory authority over the internet.

During the meeting, many countries hope to seize power over internet policy, taking it out of the hands of the US. Authoritarian and democratic countries would have equal say. Of those 193 countries, 40 of them currently block or otherwise censor the internet. Voices around the world, including the US Congress and Vint Cerf, one of the creators of TCP/IP, have called for the ITU to keep its hands off the internet.

Under the ITU, the internet would be pushed towards the lowest common denominator, with the potential for rampant civil rights abuses, widespread surveillance and fragmentation of creative and political freedoms. Most experts believe that the days are long gone when internet companies could simply follow US law alone.

Some international legal regulation of the internet is inevitable. Still, it’s important for any changes to be made slowly and incrementally, and to be aware that any major changes applied to internet technology or its network might be hard to reverse. Nations must understand the risk of fragmentation and companies must resolve to restrain sovereign demands.

Multi-stakeholder agreements on how to manage cross-border problems, even without the force of law, may alleviate the urgency of addressing some online crimes. Choices made by communications intermediaries, rather than just governments, will continue to have a disproportionate effect on individual freedoms, so we must be very careful about imposing liability on those platforms for their users’ conduct.

Policy should encourage provider diversity and network neutrality, or else deviation from the internet’s original design as a global, open network will threaten economic growth, creativity and political activism. None of these precautions will be taken, however, until we accept the fact that the law is, indeed, catching up with the internet.

Jennifer Granick is an American attorney and educator. She tweets from @granick

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Awards 2012

[vc_row full_width=”stretch_row_content_no_spaces” css_animation=”fadeIn” css=”.vc_custom_1485788783247{padding-top: 250px !important;padding-bottom: 250px !important;background-image: url(https://www.indexoncensorship.org/wp-content/uploads/2012/11/awards2012_1460x490.jpg?id=81042) !important;background-position: center !important;background-repeat: no-repeat !important;background-size: cover !important;}”][vc_column][/vc_column][/vc_row][vc_row css=”.vc_custom_1472525914065{margin-top: -150px !important;}”][vc_column][vc_row_inner equal_height=”yes” content_placement=”middle”][vc_column_inner el_class=”awards-inside-desc” width=”1/2″][vc_custom_heading text=”FREEDOM OF EXPRESSION AWARDS 2012″ use_theme_fonts=”yes”][vc_column_text]Index on Censorship’s Freedom of Expression Awards exist to celebrate individuals or groups who have had a significant impact fighting censorship anywhere in the world.

 

  • Awards were offered in four categories: Arts, Campaigning, Journalism and Innovation
  • There was a special award to mark Index’s 40th anniversary
  • Winners were honoured at a gala celebration in London at the St. Pancras Renaissance London Hotel

[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][vc_video link=”https://www.youtube.com/v/-dL6eCTwUi4″][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row css=”.vc_custom_1472608310682{margin-top: 0px !important;margin-bottom: 20px !important;}”][vc_column][vc_custom_heading text=”WINNERS” font_container=”tag:h1|text_align:center” use_theme_fonts=”yes” css=”.vc_custom_1477036676595{margin-top: 0px !important;}”][vc_row_inner][vc_column_inner width=”1/3″][staff name=”Idrak Abbasov” title=”The Guardian Journalism Award” color=”#28a7cc” profile_image=”81047″]Idrak Abbasov is an Azerbaijani journalist whose investigative work has put his life in danger. Abbasov reports for the newspaper Ayna-Zerkalo and for the Institute for War & Peace Reporting, which aims to give voice to people at the front line of conflict and crisis. On 9 September 2011, after Abbasov investigated the activities of a local oil company, the State Oil Company of Azerbaijan (SOCAR) sent bulldozers to his family’s home. SOCAR claimed ownership of the site as part of a project to develop local oil resources with Global Energy Azerbaijan Ltd. His parents and brother were hospitalised after being attacked by the company’s security service during the incident. No eviction notice had been lodged in a court, as is required by law, and no neighbouring residences (including that of the parliamentary speaker) were disturbed. It is believed that bulldozers targeted the journalist’s home because of his work monitoring human rights. The violence, threats, and harassment of Abbasov and his family continues. Later that month, his parents were again attacked at their home. The perpetrators arrived in a car bearing government licence plates. One reportedly said: “Tell Idrak to get smarter, or we will cut off his ears.” The Azerbaijanii government is notorious for using legal loopholes to threaten its opponents. Last year the home of human rights activist Leyla Yunus, the founder of the Institute for Peace and Democracy, was bulldozed on 11 August 2011 on a similar pretext. As attention focuses on Azerbaijan in 2012, with the country hosting the Eurovision Song Contest and the Internet
Goverance Forum, human rights violations show no sign of stopping.[/staff][/vc_column_inner][vc_column_inner width=”1/3″][staff name=”Nabeel Rajab, Bahrain Center for Human Rights” title=”Advocacy” color=”#28a7cc” profile_image=”81050″]The Bahrain Centre for Human Rights (BCHR) has played a crucial role in documenting human rights violations, political repression and torture in the gulf kingdom. Despite efforts to silence and discredit it, the BCHR has kept international attention on the brutal government crackdown that began last February. It has prevented the Bahrain government from whitewashing its international image, and at times when news media were severely restricted and foreign journalists barred, it acted as a crucial source of alternative news. Former BCHR president Abdulhady Al Khawaja is one of eight activists serving life sentences for peacefully protesting at the now-demolished Pearl Roundabout. Like many other activists he claims he has been tortured in prison. It is widely reported that BCHR employees regularly experience threats, violence and harassment. In January 2012, BCHR president Nabeel Rajab was severely beaten by security forces while peacefully protesting.[/staff][/vc_column_inner][vc_column_inner width=”1/3″][staff name=”Ali Ferzat” title=”Arts Award” color=”#28a7cc” profile_image=”81049″]Syrian cartoonist Ali Ferzat has been called “an icon of freedom in the Arab world”. He has spent decades ridiculing dictators in more than 15,000 caricatures. His depictions of President Assad and the police state have helped galvanise revolt in Syria. In August 2011, Ferzat was wrenched from his vehicle in central Damascus by pro-Assad masked gunmen who beat him badly and broke his hands. Passers-by found Ferzat dumped at the side of a road; his briefcase and the drawings inside it had been confiscated by his attackers. The BBC’s Sebastian Usher described the attack as a sign of Syria’s “zero tolerance” for dissent; a month earlier the dissident composer Ibrahim Al Qashoush was found dead, his vocal chords removed. Ferzat earned regional and international recognition in the 1980s with stinging cartoons of officials, autocrats and dictators including Saddam Hussein and Muammar Gaddafi. Hussein called for Ferzat’s death in 1989 after an unfavourable portrait of him was exhibited in Paris, and Ferzat’s cartoons are banned in Libya and Jordan. In 2000, he launched the publication Al Domari; Syrian authorities forced its closure three years later. Ferzat is undergoing rehabiliation in Kuwait in order to regain the use of his fingers.[/staff][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/3″][staff name=”Freedom Fone” title=”The Google Innovation Award” color=”#28a7cc” profile_image=”81048″]Kubatana is an NGO based in Harare, set up by Brenda Burrell, Bev Clark and Amanda Atwood. It encourages ordinary Zimbabweans to use information communication technology (ICT) to advocate, mobilise and lobby. One of their main focuses has been the development of local technologies on the principle that development work should strengthen the potential application of pre-existent resources, rather than innovating solely in high-tech gadgetry for a Western audience. For this reason, Kubatana developed Freedom Fone. A free software, Freedom Fone is a basic, easy to use interactive voice response system that can deliver audio information in any language over mobile phones and landlines. All you need is a telephone (landline, mobile, Skype or similar) and Freedom Fone software on a computer. The software is aimed at organisations or individuals wishing to set up interactive news services for users where the free flow of information may be being denied for political, technological or other reasons. Freedom Fone is designed help bridge the digital divide, to reach out to the 90% of Zimbabweans who do not have internet access. On top of giving people access to information, Freedom Fone can be a tool for circumventing censorship. This is because automated telephone information systems do not require a broadcasting licence. In addition, this type of digital content is not currently subject to censorship.[/staff][/vc_column_inner][vc_column_inner width=”1/3″][staff name=”Memorial Archive of St Petersburg” title=”40th Anniversary Award” color=”#28a7cc” profile_image=”81051″]Index singles out The Research and Information Centre Memorial, which logs the brutal repression suffered by millions in former Soviet countries, for their continued dedication to guaranteeing freedom of information. The centre has demonstrated a fierce commitment to protecting human rights. It not only chronicles the crimes of the Stalinist period, but monitors current threats against those who speak out against injustice. Memorial’s remarkable archive includes letters, diaries, transcripts, photographs, and sound files. Individuals with first-hand experience of Stalin’s terror and the Soviet gulag have donated documentation they had hidden during this brutal period.
The centre is a living tribute to the survivors of Soviet Russia, preserving documentation that many have tried to bury, and continue to conduct their work despite constant threats. In December 2009, a group of men from the Investigative Committee of the Russian General Prosecutor’s Office raided Memorial’s offices, confiscating hard drives and CDs containing its entire archive. The attack was condemned by activists and historians across the globe, and eventually all of the material was returned after a battle in local courts. Memorial’s work is a vivid reminder of the vital and very real risk taken by those who speak out against repression. The award is particularly pertinent in Index’s 40th year. As we explore our own archive and its role in exposing international human rights violations, we are conscious of the often undervalued work of historians and archivists in keeping the memory of these violations alive.[/staff][/vc_column_inner][vc_column_inner width=”1/3″][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”JUDGING” font_container=”tag:h1|text_align:center” use_theme_fonts=”yes”][vc_row_inner el_class=”mw700″][vc_column_inner][vc_column_text]

Criteria – Anyone involved in tackling free expression threats – either through journalism, campaigning, the arts or using digital techniques – is eligible for nomination.

Any individual, group or NGO can nominate or self-nominate. There is no cost to apply.

Judges look for courage, creativity and resilience. We shortlist on the basis of those who are deemed to be making the greatest impact in tackling censorship in their chosen area, with a particular focus on topics that are little covered or tackled by others.

Nominees must have had a recognisable impact in the past 12 months.

Where a judge comes from a nominee’s country, or where there is any other potential conflict of interest, the judge will abstain from voting in that category.

Panel – Each year Index recruits an independent panel of judges – leading world voices with diverse expertise across campaigning, journalism, the arts and human rights.

The judges for 2012 were:

[/vc_column_text][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/3″][staff name=”Mishal Husain” title=”Broadcaster and journalist” color=”#28a7cc” profile_image=”80218″]Mishal Husain is a British news presenter for the BBC, who appears on Today, BBC World News and BBC Weekend News. She was previously a presenter on HARDtalk and BBC Breakfast.[/staff][/vc_column_inner][vc_column_inner width=”1/3″][staff name=”Peter Oborne” title=”Chief political commentator” color=”#28a7cc” profile_image=”80219″]Peter Alan Oborne is a British journalist. He is the associate editor of the Spectator and former chief political commentator of the Daily Telegraph, from which he resigned in early 2015. He is author of The Rise of Political Lying and The Triumph of the Political Class, and, with Frances Weaver, the pamphlet Guilty Men.[/staff][/vc_column_inner][vc_column_inner width=”1/3″][staff name=”Sami Ben Gharbia” title=”Advocacy director” color=”#28a7cc” profile_image=”80217″]Sami Ben Gharbia is a Tunisian human rights campaigner, blogger, writer and freedom of expression advocate. He was a political refugee living in the Netherlands between 1998 and 2011. Sami is the author of the e-book Borj Erroumi XL.[/staff][/vc_column_inner][/vc_row_inner][vc_row_inner][vc_column_inner width=”1/3″][staff name=”Jeremy Browne MP” title=”Minister for State” color=”#28a7cc” profile_image=”80216″]Jeremy Richard Browne is a British Liberal Democrat politician who was the Member of Parliament for Taunton Deane from 2005 to 2015. He was previously a Foreign Office and Home Office Minister.[/staff][/vc_column_inner][vc_column_inner width=”1/3″][staff name=”Sigrid Rausing” title=”Publisher” color=”#28a7cc” profile_image=”80220″]Sigrid Maria Elisabet Rausing is a Swedish philanthropist, anthropologist and publisher. She is the founder of the Sigrid Rausing Trust, one of the United Kingdom’s largest philanthropic foundations, and owner of Granta magazine and Granta Books.[/staff][/vc_column_inner][vc_column_inner width=”1/3″][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row css=”.vc_custom_1473325552363{margin-top: 0px !important;margin-bottom: 20px !important;padding-top: 0px !important;padding-right: 15px !important;padding-bottom: 0px !important;padding-left: 15px !important;}”][vc_column css=”.vc_custom_1473325567468{margin-top: 0px !important;margin-bottom: 0px !important;padding-top: 0px !important;padding-bottom: 0px !important;}”][awards_gallery_slider name=”GALLERY” images_url=”80387,80412,80411,80410,80409,80408,80407,80406,80405,80404,80403,80402,80401,80400,80399,80398,80397,80396,80395,80394,80393,80392,80391,80390,80389,80388,81051,81050,81049,81048,81047″][/vc_column][/vc_row]

Free expression in the face of violence

Demotix

A peaceful protest against the Innocence of Muslims in London – Brian Minkoff/Demotix

The Innocence of Muslims controversy put a spotlight on whether offensive online content should be censored or criminalised, as violence in Egypt, Libya and beyond meant many were tempted to argue for the removal of the video from the web.

Most states have laws to control clear and direct incitements to violence; but causing offence is neither an incitement to violence nor a reason to respond with violence. Yet since the initial protests, many countries have queued up to ask Google to block the offending video. Google initially blocked it in Egypt and Libya without even a government request, and then unblocked it.

Should companies, rather than governments, ever be the censors — arbiters of acceptability? Is it more palatable if companies are served with court orders to block access to Internet content? Or that, in keeping with its policy to abide by local laws, Google blocked the video in India and Indonesia because it was ruled illegal?

But more importantly, has a clear line been drawn between the direct incitement to violence (which should absolutely not be protected as free speech) and whether people choose to respond with violence to something they find offensive?

Rwanda is often cited as a case where the balance between safeguarding free speech and preventing violence is particularly relevant, given the severe ethnic conflicts resulting in the 1994 genocide following callings for violence. Local officials and government-sponsored radio incited ordinary citizens to kill their neighbours, and those who refused to kill were often murdered on the spot. The genocide-inciting radio broadcasts shouldn’t have been allowed. There is a clear dividing line.

But The Innocence of Muslims is not in the same category. And if Internet censorship is used because there is crowd violence — and in anticipation of violence, where does it end?

“The big story here is the crack-down on the Internet” William Echikson told me in a telephone interview from Brussels.  “The pressures have grown dramatically. And we are doing our best to protect free expression. ”

Echikson is Head of Free Expression Policy and PR, Europe, Middle East & Africa at Google.

According to different reports, Innocence of Muslims was also blocked in India, Indonesia and Saudi Arabia as a result of court orders. Google also blocked the video in Malaysia after receiving an official complaint from the Communications and Multimedia Commission, according to AFP. Reporters without Borders said the video was also blocked in Kyrgyzstan, Kazakhstan and Russia via court orders on grounds of being “extremist”. And in Pakistan, it was blocked by the Prime Minister Raja Pervez Ashraf, who issued a directive to the Ministry of Information Technology.
The key, original censors here seem to be violent demonstrators and restrictive governments. Of the 150 countries where Google operates, in about 30 its service has been “affected one way or the other”, adds Echikson.

Governments are indeed cracking-down on the web, either because they already censor blasphemous and other offensive material (even without any likelihood of violence) or because they are giving in to actual or threatened violence. But if governments continue doing that, couldn’t it become an incentive for any fanatical group to threaten or act violently, and get censorship as a result? Isn’t this very similar to the mechanisms of terror: you terrorise or hurt one to scare a thousand?

That is why it is so vital that everyone understands the difference between incitement to violence, and violence in response to offense, an idea that, weeks after the video furore, has vanished from the agenda.

A country such as China may shed some light on where we are heading.

After a series of huge protests and ethnic riots (many of which were organised using instant messaging services, chat rooms, and text messages), China is reported to have intensified its efforts to neutralise online criticism. According to Amnesty, China has the largest number of imprisoned journalists and cyber-dissidents in the world, while the number of “Internet police” is rumoured to be higher than 30,000.

The reason for all this  political censorship.

Many of the violent reactions to The Innocence of Muslims were for political reasons, using offence as an excuse. In fact, some analysts and US officials have reported that Benghazi attack of 11 September, which killed the US ambassador to Libya, appeared to have been planned in advance, and had nothing to do whatsoever with the video.

So for the Internet, where does all this end? With the annihilation of McLuhan’s global village and the beginning of a new era of of separate, isolated, over-scrutinised, parochial Internets.

Miren Guitierrez is editorial director of Index on Censorship

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