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)

Contents: The big squeeze

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The spring issue of Index on Censorship magazine looks at how pressures on free speech are currently coming from many different angles, not just one. Richard Sambrook, former director of global news at the BBC, shows how journalists are in a bind, caught between what advertisers want and what readers want. Also looking at journalists, Duncan Tucker casts his eye on the grave situation in Mexico, where getting to the truth involves working against the government, violent cartels and even coworkers.

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Meanwhile, in the Maldives Zaheena Rasheed shows how a mix of forces conspire against those who want to write anything beyond the usual tourist sale pitch.

But the squeezes on free expression don’t just concern journalists. Annemarie Luck reports from Japan, where penis festivals are popular, but women struggle to discuss their own bodies. Can they find a voice through art and manga? For musician Smockey from Burkina Faso, art should indeed be a way to confront truth and yet that’s not always the case. Expectations run high for him to not be “too political” in his lyrics.

Universities, normally the cradle of free expression, aren’t faring too well either, as two articles show. Jan Fox reports from the USA, where bias response teams are becoming a staple of US collegiate life. In South Africa Fees Must Fall has created a divide between right and left, writes Natasha Joseph, with neither side talking to each other and those in the middle being silenced altogether.

Outside of our special report, Roger Law, creator of the iconic TV satire Spitting Image, talks about the great fun he had with the series back in the day and questions whether the show would be able to air today. Alfonso Lázaro de la Fuente might say no. He was one of the Spanish puppeteers arrested last year for a show that referenced Basque-separatist organisation ETA. In an Index exclusive, he explains what the charges have meant for his personal and professional life.

Want to know how to spot fake news? Then read Reel-time news in which Index’s team of experienced global reporters offer tips on how to spot fake news from a mile/screen away. And don’t miss Martin Rowson‘s fake o’clock news, a hilarious – and sinister – take on what a future of alternative facts would look like.

Index also publish an interview with Turkish journalist Canan Coşkun, whose coworkers are currently in jail, and a pair of writers discuss the situation of free speech in Poland, which is tumbling down global charts following the election of the Law and Justice party. And in the UK, former attorney general Dominic Grieve reveals that MPs are avoiding hard talk in parliament.

Finally, the culture section includes a short story from award-winning French writer Karim Miské and original work from Vyacheslav Huk, a Crimean novelist who is unable to publish work in his mother tongue.

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The Big Squeeze: Freedom of speech under pressure

Fact-filled future? by Rachael Jolley: Journalists need to step up, and produce more detailed news coverage. The public needs it

Between a rock and a hard place, by Duncan Tucker: Mexico’s journalists face threats from cartels, the government and each other

Reality rapped, by Smockey: An award-winning musician from Burkina Faso explains why he won’t water down his lyrics to avoid rocking the boat, despite pressure to do so

Talking a tightrope, by
 Kaya Genç: Despite the crackdown in Turkey, the post-Gezi spirit still survives among the determined

Taking the bait, by Richard Sambrook: The quest for instant gratification online is seriously compromising news reporting 

Dangerous minds, by Natasha Joseph: Rather than creating an alliance, Fees Must Fall is limiting free speech at South Africa’s universities, leaving some early supporters disheartened 

Japan’s Madonna complex, by Annemarie Luck: Japan’s contradictory attitudes include highly sexualised images of women and women not being allowed to talk about sex-related subjects

Squeezed in the closet, by Hannah Leung: Get married and be quiet are the messages China’s LGBT community is given 

Degrees of separation, by Jan Fox: The author investigates units appearing on US campuses suggesting students should report lecturers who they feel are biased

Dying to tell a story, by Sadaf Saaz: The list of what Bangladesh writers cannot talk about is getting longer, but that isn’t stopping some from writing

Trouble in paradise, by Zaheena Rasheed: Behind the image of palm-lined beaches is a side of the Maldives the government doesn’t want you to see

Your cover is shown, by Mark Frary: Tech giants and governments are out to get your data. Soon it might be impossible to remain anonymous 

Stripsearch cartoon, by Martin Rowson: Tune in to the fake o’clock news

Composing battle lines, by Steven Borowiec: Why have South Korean pop stars found themselves caught in crossfire between their country and China?

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”IN FOCUS” css=”.vc_custom_1481731813613{margin-right: 0px !important;margin-left: 0px !important;border-bottom-width: 1px !important;padding-top: 15px !important;padding-bottom: 15px !important;border-bottom-color: #455560 !important;border-bottom-style: solid !important;}”][vc_column_text]

We have no time for fear, by Canan Coşkun: A Turkish journalist on the perils of reporting in her country when fellow reporters are imprisoned 

Reel-time news, by Natasha Joseph, Kaya Genç, Jemimah Steinfeld, Duncan Tucker, Abraham T Zere, Raymond Joseph: As “fake news” dominates headlines, Index’s global team of experienced journalists offers tips on how to spot falsehoods before you click and share

Singing from the same hymn sheet, by Suhrith Parthasarathy: Rising Indian nationalism is creating a repressive state where non-conformity is deemed unpatriotic  

Poland: Special Focus, by Wojciech Przybylski, Marcin Król: Poland has gone from free speech hero to villain almost overnight. Two writers discuss the shift and why history is being rewritten 

Shooting from the hip, by Irene Caselli: A new mayor in a Mexican border city believes he will make it less dangerous for journalists  

Silence in the house, by Dominic Grieve: The former UK attorney general says MPs are shying away from tough topics in parliament

Puppet masters, by Roger Law: The creator of iconic TV satire Spitting Image on whether we still have our sense of humour

Drawing the line, by John Power: Australia is debating free speech, one cartoon at a time. Cartoonist Bill Leak interviewed just before he died

Puppet state, by Alfonso Lázaro de la Fuente: A Spanish puppeteer, arrested after terrorism charges related to a show, discusses the impact on his life

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”CULTURE” css=”.vc_custom_1481731777861{margin-right: 0px !important;margin-left: 0px !important;border-bottom-width: 1px !important;padding-top: 15px !important;padding-bottom: 15px !important;border-bottom-color: #455560 !important;border-bottom-style: solid !important;}”][vc_column_text]

Novel take on terror, by
 Karim Miské: The award-winning crime writer on why fiction and reality overlap. Plus his short story featuring a future where tech rules supreme. Interview by Sally Gimson

The war of the words, by Amira Hanafi: Translated extracts from an American-Egyptian writer’s project to capture the shifting linguistic landscape in Egypt since 2011. Interview by Sally Gimson

Crimean closedown, by Vyacheslav Huk: The Crimean novelist on being unable to publish in his mother tongue and a story of the narrator’s memories. Introduced and translated by Steve Komarnyckyj

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Index around the world, by
 Kieran Etoria-King: What to look out for at Index’s Freedom of Expression Awards 2017, alongside news of other projects that Index has been working on in the last few months 

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”END NOTE” css=”.vc_custom_1481880278935{margin-right: 0px !important;margin-left: 0px !important;border-bottom-width: 1px !important;padding-top: 15px !important;padding-bottom: 15px !important;border-bottom-color: #455560 !important;border-bottom-style: solid !important;}”][vc_column_text]

Getting print out, by Jemimah Steinfeld: Self-publishing may be a new solution to censorship in China and other countries 

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text=”SUBSCRIBE” css=”.vc_custom_1481736449684{margin-right: 0px !important;margin-left: 0px !important;border-bottom-width: 1px !important;padding-bottom: 15px !important;border-bottom-color: #455560 !important;border-bottom-style: solid !important;}”][vc_column_text]Index on Censorship magazine was started in 1972 and remains the only global magazine dedicated to free expression. Past contributors include Samuel Beckett, Gabriel García Marquéz, Nadine Gordimer, Arthur Miller, Salman Rushdie, Margaret Atwood, and many more.[/vc_column_text][vc_row_inner][vc_column_inner width=”1/2″][vc_single_image image=”76572″ img_size=”full”][/vc_column_inner][vc_column_inner width=”1/2″][vc_column_text]In print or online. Order a print edition here or take out a digital subscription via Exact Editions.

Copies are also available at the BFI, the Serpentine Gallery, MagCulture, (London), News from Nowhere (Liverpool), Home (Manchester), Calton Books (Glasgow) and on Amazon. Each magazine sale helps Index on Censorship continue its fight for free expression worldwide.

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Weakening encryption would harm journalists

Encrypted communication tools are used by investigative journalists and reporters under fire, as well as businesses and governments, to have safe conversations and to report on difficult and often dangerous situations.

Attempts by the UK government to create a backdoor into these services would potentially put lives at risk by making the systems far less safe. It would certainly curtail reporting from dangerous regions.

Mapping Media Freedom: Five incidents to watch

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Each week, Index on Censorship’s Mapping Media Freedom project verifies threats, violations and limitations faced by the media throughout the European Union and neighbouring countries. Here are five recent reports that give us cause for concern.

Russia: Journalist detained at solidarity action with imprisoned activist

Police detained Aleksandra Ageyeva, a correspondent for the media outlet Sota Vision, at a mass demonstration near the Russian Constitutional Court building on 24 January.

According to Ageyeva, she was detained while filming the detainment of a demonstrator who was protesting against the imprisonment of opposition human rights activist Ildar Dadin.

Dadin is the first Russian citizen to be convicted for a “repeated violation” under a new law on mass rallies and meetings by peacefully protesters. He is currently serving a two-and-a-half year prison sentence and claims that his captors repeatedly abuses him.

A total of four protesters were detained along with Ageyeva at the scene. The police explained that the demonstrators were detained because they were supposedly jaywalking. Ageyeva spent around 11 hours in police custody.

 

Belarus/Azerbaijan: Russian blogger set to be extradited to Azerbaijan

The General Prosecutor’s Office of Belarus ruled to extradite Alexander Lapshin, a Russian-Israeli travel blogger to Azerbaijan, on 20 January.

On 15 December 2016 he was detained in Minsk on an extradition request from Azerbaijan, where he is wanted for visiting the disputed region of Nagorno-Karabakh and for criticising Azerbaijani policies.

A criminal case under two articles of the criminal code was filed in Azerbaijan which, if convicted, can lead to a prison sentence from five to eight years.

 

France: Editor arrested at Italian border while reporting on migrants

Lisa Giachino, editor-in-chief of the environmental magazine L’âge de faire, was arrested on 20 January at the border with Italy in the Roya valley, as she was following migrants for a story, news website Basta reported.

She is believed to have been kept in custody since 5am for “assisting migrants at the border,” and because she does not have a press card the police have refused to believe she is a journalist.
According to Nice Matin newspaper, Giachino was following six migrants for the story.

Giachino was later freed. She told Libération: “[Police officers] told me: ‘If we see you again with migrants, careful!’ It’s not normal to tell this to a journalist.”

 

Ukraine: Investigative journalist leaves Ukraine after numerous threats

Oleksiy Bobrovnikov, an investigative journalist and special correspondent for TSN programme on 1+1 TV channel, publicly wrote on his Facebook on 10 January that he left Ukraine after receiving numerous threats.

Since 2015 Bobrovnikov has been investigating the fatal shooting of officers and volunteers who oppose smuggling along what is known as the “grey zone,” the dividing line between western Ukraine and the self-proclaimed Donetsk and Luhansk People’s Republics.

Bobrovnikov confirmed to Mapping Media Freedom that he left the country in mid-December because he feared his life was in danger. He said he had received five warnings connected with his investigation telling him his life was in danger.

“The threats ranged from a pat on the shoulder to threats coming from people with weapons in their hands. Other people investigating trade with occupied territories also received similar threats,” Bobrovnikov wrote.

According to Ukrayinska Pravda, two individuals working to fight against the smuggling were killed on 2 September 2015, near Schastye, a town in the Luhansk region.

 

United Kingdom: Council passes motion for shops to stop selling The Sun

St Helens Council passed a motion on 18 January calling on retailers in the borough to stop selling daily newspaper The Sun, The St Helens Star reported.

The motion is not enforceable by law, but recommends retailers do not distribute the publication.

At the council meeting on Wednesday evening, Parr councillor Terry Shields asked the authority to support the Total Eclipse of The Sun campaign, which the paper’s controversial coverage of the Hillsborough disaster as a reason to boycott.

The campaign describes itself as a peaceful campaign group with more than 50,000 members.

Councillors approved the motion at the town hall. The three Conservative councillors abstained from the vote.

A spokeswoman says: “We have enjoyed great success now having over 240 establishments not selling the paper. This includes small newsagents, major supermarkets and petrol stations. Cafes, pubs, hotels and local hospitals, have also joined in, showing their support to the campaign.”[/vc_column_text][vc_column_text]


Mapping Media Freedom


Click on the bubbles to view reports or double-click to zoom in on specific regions. The full site can be accessed at https://mappingmediafreedom.org/


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