Why is Wikipedia down?

18 Jan 2012 | News and features

As Wikipedia and other websites begin blackout to protest against US anti-piracy laws, Index and the international human rights community speak out on PROTECT IP Act

Sen. Harry Reid
Majority Leader
United States Senate
522 Hart Senate Office Bldg
Washington, DC 20510

Dear Majority Leader Harry Reid,

As human rights and press freedom advocates, we write to express our deep concern about S. 968, the PROTECT IP Act (PIPA), and the threat it poses to international human rights. Like H.R. 3261, the Stop Online Piracy Act (SOPA), PIPA requires the use of internet censorship tools, undermines the global nature of the internet, and threatens free speech online. PIPA introduces a deeply concerning degree of legal uncertainty into the internet economy, particularly for users and businesses internationally. The United States has long been a global leader in support of freedom of speech online, and we urge the Senate not to tarnish that reputation by passing PIPA.

Today, some of the world’s most repressive countries, like China, Iran, Yemen, Saudi Arabia, and Syria use DNS filtering as a means to silence their citizens. As over 80 human rights organizations recently wrote in a letter opposing SOPA, “institutionalizing the use of internet censorship tools to enforce domestic law in the United States… creates a paradox that undermines its moral authority to criticize repressive regimes.”[1] In fact, PIPA would send an unequivocal message to other nations that the use of these tools is not only acceptable, but encouraged.

DNS filtering is a blunt form of censorship that is ineffective at achieving its stated goal, while causing collateral damage to online communities on a massive scale. But while DNS filtering is trivial for users to circumvent, this technology would fundamentally undermine the integrity of the global internet, making users more vulnerable to cybersecurity attacks and identity fraud. Additionally, any legislation that mandates filtering of websites is prone to unintended consequences, such as overblocking. For example, in early 2011, when the Immigration and Customs Enforcement agency seized the domain mooo.com, it accidentally removed the web addresses of 84,000 (almost exclusively legal) connected domain names.[2] Moreover, once the technical infrastructure enabling censorship is in place, it allows future governments (and private actors) to block virtually any type of content on the web, making the provisions of this bill prone to mission creep.

The attempts at due process provisions in this bill do not respect the global nature of the internet. The network effects of the internet are realized when users and innovators are able to connect around the globe. However, creating a mechanism that requires a representative of a website to make a court appearance in the U.S. in order to defend themselves against an allegation of infringement would disproportionately impact smaller online communities and start-ups based abroad that do not have the capacity to address concerns in the United States. These websites would risk losing access to advertising services, payment providers, search engine listings, and their domain name. Together, these pieces of the bill would drive international innovators away from depending on U.S. services as a hedge against legal threats, while missing what should be the target of this legislation: preventing large-scale commercial infringement.

PIPA further creates a double jurisdiction problem, whereby non-U.S.-based sites must determine whether a site is legal in both the country it is operating in and the United States. This raises serious concerns about the scope of the bill, as foreign websites falling under PIPA’s definition of infringement may be perfectly legal in other jurisdictions. For example, the domain of a Spanish site, rojadirecta.org, was seized in early 2011 by U.S. authorities without adequate due process, notification to the site’s owners, or an option to defend themselves, despite having been declared legal by two Spanish courts.[3]

The definition of “information location service” is overly broad and would have a chilling effect on online speech. PIPA would make nearly every U.S.-based actor on the internet, including not only blogs, chat rooms, and social networks but users as well, potentially subject to enforcement orders of the bill. Additionally, the requirement that these service providers act “as expeditiously as possible to remove or disable access” to an allegedly infringing website imposes an unprecedented burden on any service that contains links, incentivizing the screening and removal of content in order to avoid being caught up in legal proceedings. Further, even if an accused website is later found to be innocent, links to that website could have effectively disappeared from the web, having been permanently removed when the court notice was served.

PIPA is also vague with respect to how links would be defined, including if all links associated with a domain or subdomain would be required to be blocked and if this would apply to future attempts by users to post content. This provision could potentially be interpreted in a way that would force services that allow users to post links to proactively monitor and censor the activities of their users, dramatically altering the role of these platforms in promoting free speech and setting a dangerous precedent for other countries.

We understand the pressure that lawmakers face in passing copyright enforcement legislation, and agree that protecting the rights of creators is an important goal. However, enforcement should not come at the expense of free speech or due process. This bill is fundamentally flawed due to its wide range of restrictive and potentially repressive measures. Even if individual elements of the proposal, such as DNS filtering are modified, postponed or amended, the legislation as a whole represents a precedent that is a real danger for human rights on the internet. We must remain conscious of the fact that the internet is a key enabler of human rights and innovation, and decisions over its governance should not be made hastily and without full consideration of collateral consequences.

We strongly urge the Senate to stand for human rights, defend the open internet, and reject the PROTECT IP Act.

Sincerely,

Access
AGEIA DENSI
Amnesty International
Asociatia pentru Technologie si Internet (ApTI)
Association for Progressive Communications (APC)
Article 19
Bits of Freedom
Bytes for All Pakistan
Centre for Internet and Society – India
Communication is Your Right!
Computer Professionals for Social Responsibility
Creative Commons Guatemala
ONG Derechos Digitales – Chile
Demand Progress
Digitale Gesellschaft e.V.
Eduardo Bertoni on behalf of iLEI/CELE UP (Iniciativa Libertad de Expresión en Internet, Centro de Estudios en Libertad de Expresión, Universidad de Palermo, Argentina)
Electronic Frontier Finland (EFFi)
EsLaRed
European Digital Rights (EDRi) (an association of 27 privacy and civil rights groups in Europe)
FGV/CTS
FoeBuD
Foundation for a Free Information Infrastructure (FFII)
Free Network Foundation
Free Press Unlimited
Free Software Foundation Europe (FSFE)
Fundación Karisma
FUNREDES
German Working Group against Internet Blocking and Censorship (Arbeitskreis gegen Internet-Sperren und Zensur, AK Zensur)
Hiram Meléndez-Juarbe on behalf of the New Technologies, Intellectual Property and Society Clinic University of Puerto Rico Law School
Human Rights Watch
Index on Censorship
Instituto Nupef
Internet Democracy Project – India
Iuridicum Remedium o.s.
Julia Group
Guardian Project
La Quadrature du Net
MayFirst/People Link
Net Users Rights Protection Association (NURPA)
Open Rights Group (ORG)
Open Source Initiative
Palante Technology Cooperative
Panoptykon Foundation
People Who
Public Sphere Project
Quintessenz
Reporters Without Borders
Vrijschrift
WITNESS
wlan slovenia, open wireless network

In Belarus, the freedom of the internet is at stake

6 Jan 2012 | Digital Freedom, Europe and Central Asia, News and features

Europe’s last dictatorship is clamping down on online activism, with a new law effectively requiring everyone to be a state spy. Mike Harris reports

As of this morning, the internet in Belarus got smaller. A draconian new law is in force that allows the authorities to prosecute internet cafes if their users visit any foreign sites without being “monitored” by the owner. All commercial activity online is now illegal unless conducted via a .by (Belarusian) domain name, making Amazon and eBay’s operations against the law unless they collaborate with the regime’s censorship and register there. The law effectively implements the privatisation of state censorship: everyone is required to be a state spy. Belarusians who allow friends to use their internet connection at home will be responsible for the sites they visit. Some have tried to defend the law, stating all countries regulate the internet in some form – but the Belarusian banned list of websites contains all the leading opposition websites. The fine for visiting these sites is half a month’s wages for a single view.

The Arab spring has been a wake-up call to the world’s remaining despots. The internet allowed images of open dissent to disseminate instantly. As Ben Ali and Hosni Mubarak found out, once you reach a critical mass of public protest you haven’t got long to board your private jet. It’s a lesson learned by Alexander Lukashenko, the president of Belarus and Europe’s last dictator, and also by the Belarusian opposition.

Lukashenko attempted to destroy the political opposition after the rigged 2010 presidential elections. Seven of the nine presidential candidates were arrested alongside thousands of political activists. The will of those detained was tested: there are allegations that presidential candidates Andrei Sannikov and Mikalai Statkevich have been tortured while in prison. The opposition is yet to recover; many of its leading figures have fled to Lithuania and Poland.

Within this vacuum of leadership, the internet helped spur a civil society backlash. After the sentencing of the presidential candidates, a movement inspired by the Arab spring “The Revolution Via Social Networks” mushroomed into a wave of protests that brought dissent to towns across Belarus usually loyal to Lukashenko. As the penal code had already criminalised spontaneous political protest with its requirements for pre-notification, the demonstrations were silent, with no slogans, no banners, no flags, no shouting, no swearing – just clapping.

“The Revolution Via Social Networks” (RSN) helped co-ordinate these protests online via VKontakte (the biggest rival to Facebook in Russia and Belarus with more than 135 million registered users). RSN now has more than 32,000 supporters.

RSN splits its four administrators between Minsk and Krakow to keep the page active even when the state blocks access to the page, or the country’s secret police (hauntingly still called the KGB) intimidate them.

The protests were so effective at associating clapping with dissent that the traditional 3 July independence day military parade was held without applause with only the brass bands of the military puncturing the silence. As lines of soldiers, trucks, tanks and special forces paraded past Lukashenko and his six-year-old son dressed in military uniform, those gathered waved flags in a crowd packed with plain-clothed agents ready to arrest anyone who dared clap or boo.

The internet has kept the pressure on the regime in other ways. Protesters photograph the KGB and post their pictures online in readiness for future trials against those who commit human rights violations. A Facebook group “Wanted criminals in civilian clothes”, blogs and Posobniki.com all help to expose those complicit in the regime’s crimes. The web has also helped spread the stories of individuals who have faced brutality by the regime.

It’s this effectiveness that has made the internet a target for Lukashenko. The law enacted in July 2010 allowed the government to force Belarusian ISPs to block sites within 24 hours.

The new measures coming into force today merely build upon these restrictions. The official position of the Belarusian government from the operations and analysis centre of the presidential administration is: “The access of citizens to internet resources, including foreign ones, is not restricted in Belarus.” Yet, in reality the government blocks websites at will, especially during protests. Just after Christmas, the leading opposition website Charter 97 (which works closely with Index on Censorship) was hacked, its archive part-deleted and a defamatory post about jailed presidential candidate Andrei Sannikov published on the site. The site’s editor, Natalia Radzina, who has faced years of vile death and rape threats and escaped from Belarus after being placed in internal exile last year, says she has “no doubt” that the government was behind the hack. This is one of a series of attacks on Charter 97, which include co-ordinated DDoS (denial of service) attacks orchestrated by the KGB through an illegal botnet of up to 35,000 infected computers worldwide.

The regime has even darker methods of silencing its critics. In September 2010, I flew to Minsk to meet Belarusian civil society activists including the founder of the Charter 97 website, Oleg Bebenin. The day I landed he was found hung in his dacha, his leg broken, with his beloved son’s hammock wrapped around his neck. I spoke to his closest friends at his funeral including Andrei Sannikov and Natalia Radzina. No one believed he had committed suicide, all thought he had been killed by the state. Bebenin isn’t the only opposition figure to have died or disappeared in mysterious circumstances under Lukashenko’s rule, a chill on freedom of expression far more powerful than any changes in the law.

Today marks yet another low in Belarus’s miserable slide back to its Soviet past. Clapping in the street is now illegal. NGOs have been forced underground and their work criminalised.

Former presidential candidates languish in jail. The internet is the last free public space.

Lukashenko will do all he can to close down this freedom. In Europe, the battle has opened between the netizens of Belarus and its government. Who wins will be a matter of interest for us all.

Mike Harris is Head of Advocacy at Index on Censorship.

This article originally appeared on Comment is Free on 6 January.

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