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In our increasingly digital times, freedom of expression may look like one of the positive beneficiaries of our ever more interconnected world. Countries like China or Iran build firewalls and employ small armies of censors and snoopers in determined attempts to keep their bit of the internet controlled and uncritical of their ruling elites. But with social media, blogs, citizen journalism, and ever greater amounts of news on a diverse and expanding range of sites, information is shared across borders and goes around censors with greater ease than ever before.

Yet online and off, free speech still needs defending from those in power who would like to control information, limit criticism or snoop widely across people and populations. And it would be a mistake to think the free speech attackers are only the obvious bad guys like China, Iran or North Korea.

While Putin’s Russia jails members of Pussy Riot, passes new laws to block websites and journalists continue to face risks of violent attack, it is Turkey, in 2013, that has more journalists in jail than even Iran or China. In 2004, the European Union assessed Turkey as democratic enough to be a candidate for EU membership. Today, Turkey’s government puts pressure on media companies and editors to rein in critical journalists and self-censorship is rife.

Meanwhile, in the UK, a fully paid-up member of the democracy club, the government and opposition argue over whether Parliament should regulate the print media (“statutory underpinning”, to use the jargon introduced by the Leveson Report into the phone-hacking scandal). On 18 March, the UK’s three main political parties agreed on a new press regulation system whereby an independent regulator would be set up by royal charter. And in this debate over media standards and regulation, the most basic principle, that politicians should not in any way control the press (given their interests in positive, uncritical press coverage), has been too easily abandoned by many. Yet the press faces big questions: what has happened to its standards, how can individuals fairly complain? Similar debates are under way in India, with corruption and the phenomenon of ‘“paid news” among concerns there. Falling standards provide easy targets for those who would control press freedom for other reasons.

Plenty of governments of all shades are showing themselves only too ready to compromise on civil liberties in the face of the large amounts of easily accessible data our digital world produces. Shining a light on requests for information — as Google and Twitter do in their respective transparency reports —  is one vital part of the campaigns and democraticdebate needed if the internet is not to become a partially censored, and highly monitored, world.

Google’s recent update of its figures for requests for user data by law enforcement agencies shows the US way ahead of other countries — accounting for over a third of requests with 8,438 demands, with India coming in at 2,431 and the UK, Germany and France not so far behind India.

Both India and the UK have also used too widely drawn laws that criminalise “grossly offensive” comments, leading to the arrest and prosecution of individuals for innocuous social media comments. Public outcry and ensuing debate in both countries is one sign that people will stand up for free speech. But such laws must change.

A new digital revolution is coming, as millions more people move online via their mobiles. As smart phone prices fall, and take-up expands, the opportunities for free expression and accessto information across borders are set to grow. But unless we are all vigilant, whether we face democratic or authoritarian regimes, in demanding our right to that free expression, our digital world risks being a partially censored, monitored and fragmented one. This is the global free speech challenge of our times.

magazine March 2013-Fallout

This article appears in Fallout: free speech and the economic crisis. Click here for subscription options and more.

New Microsoft report: a step towards transparency

Microsoft released its first ever Law Enforcement Requests Report today, revealing that the company and its subsidiary Skype received over 75,000 requests for user data from law enforcement agencies around the world in 2012. This is an important step towards greater transparency, one privacy and freedom of expression advocates have actively encouraged in recent months.

In a statement  announcing the report, Microsoft’s General Counsel Brad Smith acknowledged “the broadening public interest in how often law enforcement agencies request customer data from technology companies and how our industry responds to these requests” and commended Google and Twitter for leading the way with their annual transparency reports. In addition to user data requests, Google’s reports reveal takedown requests and, for the first time two weeks ago, the number of secretive national security letters it receives from the US government each year. Index encourages Microsoft to reveal this data in subsequent reports. As the number of companies issuing transparency reports grows, we encourage government agencies to do the same in the name of greater transparency and accountability.

Click here to read Microsoft’s report . Standout statistics include:

  • 99 per cent of the 1,558 requests Microsoft complied with by disclosing customer content came in response to lawful warrants from US courts.
  • Skype released no content in response to the 4,713 requests for user data it received but did release user account information in some cases.
  • Two-thirds of the cases in which Microsoft disclosed non-content (ie user account details) came in response to requests from the US, the UK, Turkey, Germany and France.

 

New Microsoft report: a step towards transparency

Microsoft released its first ever Law Enforcement Requests Report today, revealing that the company and its subsidiary Skype received over 75,000 requests for user data from law enforcement agencies around the world in 2012. This is an important step towards greater transparency, one privacy and freedom of expression advocates have actively encouraged in recent months.

In a statement  announcing the report, Microsoft’s General Counsel Brad Smith acknowledged “the broadening public interest in how often law enforcement agencies request customer data from technology companies and how our industry responds to these requests” and commended Google and Twitter for leading the way with their annual transparency reports. In addition to user data requests, Google’s reports reveal takedown requests and, for the first time two weeks ago, the number of secretive national security letters it receives from the US government each year. Index encourages Microsoft to reveal this data in subsequent reports. As the number of companies issuing transparency reports grows, we encourage government agencies to do the same in the name of greater transparency and accountability.

Click here to read Microsoft’s report . Standout statistics include:

  • 99 per cent of the 1,558 requests Microsoft complied with by disclosing customer content came in response to lawful warrants from US courts.
  • Skype released no content in response to the 4,713 requests for user data it received but did release user account information in some cases.
  • Two-thirds of the cases in which Microsoft disclosed non-content (ie user account details) came in response to requests from the US, the UK, Turkey, Germany and France.

 

Surveillance, security and censorship

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

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

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

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

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

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

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

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

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

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

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

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

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