Archive | Freedom of Speech

The spiral of silence

A new study shows that knowledge of government surveillance causes people to self-censor their dissenting opinions online. The research offers a sobering look at the oft-touted “democratizing” effect of social media and Internet access that bolsters minority opinion.

The study, published in Journalism and Mass Communication Quarterly, studied the effects of subtle reminders of mass surveillance on its subjects. The majority of participants reacted by suppressing opinions that they perceived to be in the minority. This research illustrates the silencing effect of participants’ dissenting opinions in the wake of widespread knowledge of government surveillance, as revealed by whistleblower Edward Snowden in 2013.

• Washington Post: Mass surveillance silences minority opinions, according to study »
• Motherboard: ‘Chilling Effect’ of Mass Surveillance Is Silencing Dissent Online, Study Says »
• Journalism & Mass Communication Quarterly: Under Surveillance – Examining Facebook’s Spiral of Silence Effects in the Wake of NSA Internet Monitoring »

0

China to tighten control over online content

Radio Free Asia reports…

The ruling Chinese Communist Party has announced new regulations that will ban foreign companies from publishing online media, games and other “creative” content within China’s borders from next month.

The “Regulations for the management of online publishing services” also ban foreign-invested joint ventures from engaging in online content provision, according to a copy of the rules posted on the official website of China’s Ministry of Industry and Information Technology.

And any Chinese companies wishing to produce online creative content, including audio, video, games and animations, must first seek official approval from the country’s media regulator.

This is big news — changing the situation in China from bad to worse.

China to Ban Foreign Companies From Online Media Business »

1

Mass surveillance drives writers to self-censorship

Writers are important. Facts or fiction — they are supposed to give us new insights, push boundaries and question those in power.

So it’s quite alarming that one in six US writers has “avoided writing or speaking on a topic they thought would subject them to surveillance”. Another one in six has seriously considered doing so.

(This is from a report, post-Snowden from Pen America. Via Robin Doherty.)

Literature defines our society. And now mass surveillance is defining literature.

We will never know what books, pieces and reviews that never got written because of Big Brotherism. Or what speeches that never were given. But we do know that this will make humanity and society intellectually poorer.

And it’s not just here and now. Culture is a process where you often build on earlier works and insights. Self-censorship will multiply its effects over time.

Mass surveillance has an undeniable chilling effect on a free and open society.

/ HAX

 

0

Pirate sites: To block out or not to block out?

Today the Swedish district court of Stockholm ruled that internet service providers (ISP:s) can not be forced to block out pirate sites like the Pirate Bay. (TorrentFreak» | Also in Swedish»)

But it’s still early days. Copyright holders are to appeal the verdict. However, it’s very unusual that Swedish lower courts take bold stands. This might indicate that the judicial system has found that there is a strong case against blocking.

Interestingly, yesterday the German federal court ruled in the opposite direction. (TorrentFreak» | Also in German»)

The key issue seems to be if an ISP can be considered a co-culprit of copyright infringement in relation to the EU Infosoc directive. Conflicting judgements in different member states indicate that the European Court of Justice (ECJ) will have to address the issue. And this can happen soon as a Dutch court already has asked the ECJ for guidance in a similar case.

However, it is possible for a member state to have a stronger copyright protection than required in the EU directive. But this issue might also concern freedom of enterprise and freedom of speech. So there is a high level of uncertainty and confusion.

From a practical point of view, it is interesting to see that blocking out pirate sites has little or no effect on illegal filesharing. (Link 1» | Link 2»)

The bigger question is the principle that ISP:s are not responsible for what their customers are up to in their network (mere conduit). This is a well-established principle in the EU.

In comparison, telephone companies are not liable for what people might say on their phone lines; postal services are not liable for what people send in the mail; owners of roads are not liable for criminals driving around.

If ISP:s were to be responsible for their customers activities — they would have to police everything we do online. Everything. That would be practically extremely difficult and a fierce violation of privacy. (But proponents of mass surveillance often seem to see this as an opportunity to establish new points where to tap into public communications.)

/ HAX

0

Putin vs. Charlie Hebdo

Russian president Vladimir Putin lashing out against free speech is no news. But this time, he attacks freedom of the press in another country — France.

The background is that the French magazine Charlie Hebdo has published two cartoons relating to the Russian air disaster in the Sinai. One of the two cartoons is focusing on the quality of Russian low fair airlines – and the other making a connection between the disaster and the fact that Russia has now become involved in fighting ISIS, in Syria.

Especially the last one touches on a highly sensitive issue in Russia: The connection between “Putin’s war” in Syria and terrorist attacks against Russian civilians.

Every suggestion of such a connection is seen as undermining Vladimir Putin.

At Chalie Hebdo, they choose not to give in but to speak back. The magazine’s editor-in-chief, Gerard Biard:

Their argument about sacrilege is absurd. Are we supposed to no longer comment on the news in a different way, or to say nothing more than it’s sad? If so that becomes a problem for freedom of expression.”

The Guardian: Russia condemns Charlie Hebdo for Sinai plane crash cartoons »

/ HAX

0

European Parliament supports Snowden and Badawi

Thursday was in some aspects a good day in the European Parliament.

In a resolution on mass surveillance (I’ll get back to that one when we have the final, consolidated text) the EP voted on the Edward Snowden case. (Link»)

By 285 votes to 281, MEPs decided to call on EU member states to “drop any criminal charges against Edward Snowden, grant him protection and consequently prevent extradition or rendition by third parties, in recognition of his status as whistle-blower and international human rights defender”.

A very slim victory, but still a victory.

However, most EU member states refuse to give Snowden asylum or other forms of protection. It has been said that they cannot deviate from normal asylum routines (including that the asylum seeker would have to show up in an EU country to have his case examined). But one should keep in mind that most EU states have granted human rights activists and dissidents protection on purely political grounds outside the ordinary asylum process.

So, it’s purely about political will.

Today the EP also rewarded its human rights award — the Sakharov prize — to the Saudi liberal blogger Raif Badawi. (Link»)

Badawi has been put in prison for ten years and is also sentenced to 1,000 lashes for having “insulted” the Saudi political system and the religion.

“This man, who is an extremely good man, an exemplary man, has had imposed on him one of the most gruesome penalties,” Mr Schulz told a packed European Parliament assembly in Strasbourg, France.

“I call on the Saudi king to immediately free him. Relations depend on human rights being respected by our partners… they are not only not being respected but are being trodden underfoot.”

This is a strong political signal, even though it might not really interfere in any substantial way when it comes to relations between the EU and Saudi Arabia. (Unless the Saudis goes bananas, as they have done when being criticised about the Badawi case on earlier occasions.)

/ HAX

0

UN proposes web policing and licensing for social networks

The United Nations Broadband Commission for Digital Development just made some controversial and disputable recommendations. They want social networks and platforms to police the Internet and to be “proactive” against harassment and violence against women and girls. Only web platforms doing so should be licensed.

Washington Post reports…

“The respect for and security of girls and women must at all times be front and center,” the report reads, not only for those “producing and providing the content,” but also everyone with any role in shaping the “technical backbone and enabling environment of our digital society.”

How that would actually work, we don’t know; the report is light on concrete, actionable policy. But it repeatedly suggests both that social networks need to opt-in to stronger anti-harassment regimes and that governments need to enforce them proactively.

At one point toward the end of the paper, the U.N. panel concludes that “political and governmental bodies need to use their licensing prerogative” to better protect human and women’s rights, only granting licenses to “those Telecoms and search engines” that “supervise content and its dissemination.”

This is bad, in so many ways.

It is a well-established principle that internet service providers and social networks are not responsible for what their users do. (Mere conduit.) Now, the UN Broadband Commission wants to throw that principle out the window. Meaning that concerned parties will have to monitor everything every user do — to be able to police the net in line with the commissions recommendations.

Then there is the idea of licensing social networks. This is a terrible idea, unacceptable in a democratic society. Period.

And knowing the modus operandi of the UN — you cannot rule out that this report is being encouraged by UN member states with a general interest in limiting a free and open internet.

One might also question the principle that “the respect for and security of girls and women must at all times be front and center”. First of all, everyone deserves respect and security. Second, it is very dangerous to give different groups different rights, advantages or treatment. Everyone should have the same rights and be treated the same way by government.

A final reason to keep this door closed is that “respect” and “harassment” are relative terms. This is often in the eye of the beholder. There is a tendency in some circles to label all dissent as harassment. And then we have the “trigger warning” discussion, with countless examples of claims of annoyance and inconvenience used to limit freedom of speech.

Regardless of whether you think those are worthwhile ends, the implications are huge: It’s an attempt to transform the Web from a libertarian free-for-all to some kind of enforced social commons.

This UN report is ill thought out and dangerous for democracy.

/ HAX

Washington Post: The United Nations has a radical, dangerous vision for the future of the Web »

1

Queens Speech and Big Brother

BBC summons up the Queens Speech from todays opening of the British Parliament. Here is what to expect when it comes to Big Brother-related bills…

Extremism Bill

This includes measures to tackle broadcasting of extremist material. The government wants to strengthen watchdog Ofcom so that it can take action against channels that transmit extremist content. The legislation will also propose the introduction of banning orders for extremist organisations who use hate speech in public places, but whose activities fall short of proscription. A new power to allow police and local authorities to close down premises used to support extremism will also feature. And employers will be able to check whether an individual is an extremist and barring them from working with children.

Investigatory Powers Bill

“New legislation will modernise the law on communications data,” the speech said. An Investigatory Powers Bill will revive plans to give intelligence agencies new tools to target communications data – branded a “snooper’s charter” by critics. The government says it will equip the police intelligence agencies with the tools to keep people safe.

…and what is not in the Queen’s Speech?

Although it appears in the Queen’s Speech, there is no legislation, either in full or draft form, on a British Bill of Rights. Instead, ministers will consult on the pros of replacing the Human Rights Act with a new legal framework of rights and responsibilities.

Read more at BBC Queen’s Speech 2015: Bill-by-bill »

0