08 May 13 | Politics and Society
Today’s impressively short Queen’s Speech contained two nuggets of interest for Index readers. Firstly, there was the mention of intellectual propety:
A further Bill will make it easier for businesses to protect their intellectual property
The debate over copyright and free speech has been fraught, with widespread criticism of governmental attempts to create laws on copyright on the web. (Read Brian Pellot on World Intellectual Property Day here here and Joe McNamee’s “Getting Copyright Right” here.)
This is something the government will have to treat very carefully, and the consultation should be fascinating.
Further in, the speech addressed crime in cyberspace:
In relation to the problem of matching internet protocol addresses, my government will bring forward proposals to enable the protection of the public and the investigation of crime in cyberspace.
Here’s more detail from the background briefing:
The Government is committed to ensuring that law enforcement and intelligence agencies have the powers they need to protect the public and ensure national security. These agencies use communications data – the who, when, where and how of a communication, but not its content – to investigate and prosecute serious crimes. Communications data helps to keep the public safe: it is used by the police to investigate crimes, bring offenders to justice and to save lives. This is not about indiscriminately accessing internet data of innocent members of the public.
As the way in which we communicate changes, the data needed by the police is no longer always available. While they can, where necessary and proportionate to do so as part of a specific criminal investigation, identify who has made a telephone call (or
sent an SMS text message), and when and where, they cannot always do the same for communications sent over the internet, such as email, internet telephony or instant messaging. This is because communications service providers do not retain
all the relevant data.
When communicating over the Internet, people are allocated an Internet Protocol (IP) address. However, these addresses are generally shared between a number of people. In order to know who has actually sent an email or made a Skype call, the
police need to know who used a certain IP address at a given point in time. Without this, if a suspect used the internet to communicate instead of making a phone call, it may not be possible for the police to identify them.
The Government is looking at ways of addressing this issue with CSPs. It may involve legislation.
Eagle-eyed observers will note that this echoes what Deputy Prime Minister Nick Clegg told LBC listeners on 25 April, after announcing that the dreaded Communications Data Bill (aka the “Snooper’s Charter”) was to be dropped. Clegg suggested then that IP addresses could be assigned to each individual device.
As I wrote at the time, “New proposals for monitoring and surveillance will no doubt emerge, and will be subject to the same scrutiny and criticism as the previous attempts to establish a Snooper’s Charter.”
Well, here we are.
Padraig Reidy is senior writer for Index on Censorship. @mePadraigReidy
30 Apr 13 | Digital Freedom
Washington DC was awash this weekend with some of the biggest names in journalism, technology, civil society and government — and not just for the star-studded White House Correspondents’ Dinner.
On Friday, Google hosted its first Big Tent event in DC with co-sponsor Bloomberg to discuss the future of free speech in the digital age.
Each panel was guided by hypothetical scenarios that mirrored real current events and raised interesting free speech questions around offence, takedown requests, self-censorship, government leaks, national security and surveillance. The audience anonymously voted on the decision they would have made in each case, but as Bill Keller, former executive editor at the New York Times, acknowledged, “real life is not a multiple choice question”. Complex decisions are seldom made with a single course of action when national security, privacy and freedom of expression are all at stake.
The first panel explored how and when news organisations and web companies decide to limit free speech online. Google’s chief legal officer David Drummond said that governments “go for choke points on the internet” when looking to restrict access to particular content, meaning major search engines and social media sites are often their first targets regardless of where the offending content is hosted online. Drummond said that Google is partially blocked in 30 of the 150 countries in which it operates and cited an OpenNet Initiative statistic that at least 42 countries currently filter online content. Much of this panel focused on last year’s Innocence of Muslims video, which 20 countries approached Google to review or remove. Drummond questioned whether democracies like the US, which asked Google to review the video, are doing enough to support free expression abroad.
Mark Whitaker, a former journalist and executive at CNN and NBC, said staff safety in hostile environments is more important in deciding whether to kill a story than “abstract issues” like free speech. Security considerations are important, but characterising freedom of expression as “abstract” and endorsing self-censorship in its place can set a worrying precedent. Bill Keller argued that publishing controversial stories in difficult circumstances can bring more credibility to a newsroom, but can also lead to its exile. Both the New York Times and Bloomberg were banned in China last summer for publishing stories about the financial assets of the country’s premier. This reality means that news organisation and web companies often weigh public interest and basic freedom of expression against market concerns. Whitaker acknowledged that the increased consolidation of media ownership in many countries means financial considerations are being given even greater weight.
The second panel debated free speech and security, with Susan Benesch of the Dangerous Speech Project standing up for free speech, former US Attorney General Alberto Gonzales coming down hard on the side of security, and current Deputy Secretary of Homeland Security Jane Holl Lute backing up Gonzales while recognising the vital role free speech plays in a functioning society.
In the first scenario posed to this panel, audience members were split on whether mobile networks should be shut down when a clear and imminent threat, such as the remote detonation of a bomb, arises. Lute said, “the first instinct should not be to shut down everything, that’s part of how we’ll find out what’s going on,” whereas Benesch focused on the civil liberties rather than surveillance implications of crippling communications networks.
In cases of extremism, which the panel agreed is often more easily and quickly spread via digital communications, Benesch endorsed counter speech above speech restrictions as the best way to defend against hate and violence. 94 percent of the audience agreed that social media should not be restricted in a scenario about how authorities should react when groups use social media to organise protests that might turn violent.
Google’s executive chairman Eric Schmidt closed the event by highlighting what he considers to be key threats and opportunities for digital expression. Schmidt believes that the world’s five billion feature phones will soon be replaced with smartphones, opening new spaces for dissent and allowing us “to hear the voices of citizens like never before”. Whether he thinks this dissent will outweigh the government repression that’s likely to follow is unclear.
Big Tent will make its way back to London next month where Google hosted the first event of its kind two years ago. The theme will focus on “innovation in the next ten years” with Ed Milliband, Eric Schmidt and journalist Heather Brooke as featured speakers.
Google is an Index on Censorship funder.
21 Mar 13 | Awards
Pakistani schoolgirl Malala Yousafzai, Greek journalist Kostas Vaxevanis, Syrian internet activist Bassel Khartabil and South African photographer Zanele Muholi were honoured at the Index on Censorship Freedom of Expression Awards in London this evening.
The ceremony was hosted by Index’s Chair Jonathan Dimbleby who dedicated the evening to, ‘a celebration of freedom of expression – that fundamental human right to write, blog, tweet, speak out, protest and create art and literature and music’.
Index CEO Kirsty Hughes said: ‘This year’s winners have shown incredible bravery and courage in the face of extreme adversity – they are an inspiration to all of us who value free speech.’
In the keynote speech, actor Simon Callow declared that ‘the price of liberty is eternal vigilance – Index on Censorship pays that price’. Fellow actor Juliet Stevenson also addressed the ceremony saying: ‘the right to free speech depends on speaking about that right and arguing for it – that’s what Index does’.
These were the last awards as Index Chair for Jonathan Dimbleby. He introduced incoming Chair, journalist David Aaronovitch, who said about his new role: “The world is changing rapidly and we are, perhaps more than ever, confused about free expression and in danger of surrendering it. That’s why I am honoured to become Chair of Index on Censorship, which challenges threats to free speech, day in day out.”
THE WINNERS
Doughty Street Advocacy award: Malala Yousafzai
In October 2012, a Taliban gunman shot education campaigner Malala Yousafzai in the head and chest for her activism, as she was returning home from school in Pakistan’s Swat district. After months of treatment, she returned to school in Birmingham earlier this week. The schoolgirl’s father, Ziauddin Yousafzai, accepted the award on his daughter’s behalf saying: ‘I want to give a message to the world. I didn’t do anything special. As a father, I did one thing, I gave her the right of freedom of expression. All fathers and mothers, give your daughters and sons freedom of expression. Freedom of expression is a most important right. The solution of any conflict is to say the right thing, to speak the truth.’
Journalism award sponsored by the Guardian: Kostas Vaxevanis
Greek investigative journalist Kostas Vaxevanis was arrested in October 2012, days after he published the “Lagarde List” of wealthy Greeks with Swiss bank accounts in his weekly magazine Hot Doc. He was found not guilty of breaking data privacy laws in November 2012, but the Athens public prosecutor subsequently ordered a retrial. Accepting the award, Kostas said: ‘Journalism has been either invested with magic powers, or has been blamed for everything. Both positions are wrong. Journalism is the way, lonely most of the times, of truth.’
Read Kostas Vaxevanis’s acceptance speech at Comment is Free
Digital freedom award sponsored by Google: Bassel Khartabil
Palestinian-born Syrian software engineer Bassel Khartabil is a champion of web freedom and a computer engineer, who specialises in the development of open source software. Khartabil has been held in prison in Syria for over a year. Accepting the award on his behalf, his friend Dana Trometer said: ‘Bassel is aware of this award and he would like to thank the judges and audience for trusting him with such an honour. He would also like to pay respect to all the victims of the struggle for freedom of speech, and, especially for those non-violent youths who refused to carry arms and deserve all the credit for this award.’
Read Google’s William Echikson on Bassel Khartabil
Index Arts award: Zanele Muholi
South African photographer and LGBT activist Zanele Muholi challenges traditional perceptions of the black female body — and specifically black lesbians — through her work. She has faced considerable opposition in South Africa where lesbians have been the targets of horrendous hate crimes including murders and “corrective rape”. Dedicating the award to two friends who were victims of hate crimes and later succumbed to HIV complications, Muholi said: ‘To all the activists, gender activists, visual activists, queer artists; writers, poets, performers, art activists, organic intellectuals who use all art forms of expressions in South Africa. The war is not over till we reach an end to ‘curative rapes’ and brutal killing of black lesbians, gays and transpersons in South Africa.’
Read more about Zanele Muholi in the Guardian
27 Feb 13 | Middle East and North Africa
The US Secretary of State is headed for the Middle East and the Gulf. Sara Yasin explains the censorship issues in the region he needs to hear about
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