Archive | Freedom of the Press

Copyright vs. freedom of the arts, freedom of the press and freedom of information

• What role the rights granted by the Charter of Fundamental Rights of the European Union plays: in particular, what is the relationship between copyright protection (Article 17(2)) and freedom of the arts (Article 13)?

• (C)can copyright protection be trumped by the need to safeguard freedom of the press and freedom of information? Or can fundamental rights be even directly invoked to prevent enforcement of copyright?

These two – rather fundamental – questions have been sent to the European Court of Justice from Germanys supreme court, undesgerichtshof (BGH).

Techdirt » Two Big Copyright Cases Sent To Top EU Court: One On Sampling, The Other On Freedom Of The Press »

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The Assange case – now what?

The Swedish special prosecutor has decided to close the investigation into sexual misconduct against Wikileaks editor in chief Julian Assange.

First of all, the case in itself was remarkably thin. Second, Assange has never been charged with any crime. The European Arrest Warrant (EAW) was issued to question him. Such an interview was conducted last November. So, reasonably, the EAW have lost its function.

So, now… what?

British authorities still want to get their hands on Assange – formally for having jumped bail, which is a crime that is punishable with up to one year in prison.

But the core of the matter is: Will he be extradited to the U.S. to stand trial for some of the things Wikileaks has published? We know that there is a grand jury looking into the matter. But there are also strong voices referring to the first amendment in the constitution. It wouldn’t be reasonable to charge Wikileaks but not e.g. New York Times for publishing the same information.

The British authorities have, so far, refused to confirm or deny whether it has already received a U.S. extradition warrant for Julian Assange.

So, yet, it is not possible for Assange to walk out of the Ecuadorian embassy a free man.

/ HAX

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»Fake news« overhyped?

Our study of search and politics in seven nations – which surveyed the United States, Britain, France, Germany, Italy, Poland and Spain in January 2017 – found these concerns to be overstated, if not wrong. In fact, many internet users trust search to help them find the best information, check other sources and discover new information in ways that can burst filter bubbles and open echo chambers. (…)

We found that the fears surrounding search algorithms and social media are not irrelevant – there are problems for some users some of the time. However, they are exaggerated, creating unwarranted fears that could lead to inappropriate responses by users, regulators and policymakers.

The Conversation » Fake news, echo chambers and filter bubbles: Underresearched and overhyped »

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Barrett Brown back in custody

Journalist and writer Barrett Brown, who was imprisoned after exposing private sector surveillance – has been detained again. The Intercept:

Brown quickly became a symbol of the attack on press freedom after he was arrested in 2012 for reporting he did on the hacked emails of intelligence-contracting firms. Brown wrote about hacked emails that showed the firm Stratfor spying on activists on behalf of corporations. Brown also helped uncover a proposal by intelligence contractors to hack and smear WikiLeaks defenders and progressive activists. (…)

According to his mother, who spoke with Brown by phone after his arrest, Brown believes the reason for his re-arrest was a failure to obtain “permission” to give interviews to media organizations. Several weeks ago, Brown was told by his check-in officer that he needed to fill out permission forms before giving interviews.

The Intercept: Formerly imprisoned journalist Barrett Brown taken back into custody before PBS interview »

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Wikileaks is about freedom of the press

But if the US Department of Justice prosecutes Assange, as it reportedly may soon, he could become something else: the first journalist in modern history to be criminally charged by American courts for publishing classified information. WikiLeaks may not look like a traditional journalism outlet, but it shares the same ends—publishing true information from its sources. And that means legal action against Assange could threaten the freedom of the press as a whole.

Wired: The US Charging Julian Assange Could Put Press Freedom on Trial »

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Wikileaks – Truth is not a crime

The U.S. administration is raising its voice when it comes to Wikileaks and its editor in charge, Julian Assange.

According to CNN Attorney General Jeff Sessions said at a news conference Thursday that Assange’s arrest is a “priority.” (Link»)

We’ve already begun to step up our efforts and whenever a case can be made, we will seek to put some people in jail. (…)

“Julian Assange has no First Amendment freedoms. He’s sitting in an Embassy in London. He’s not a US citizen,” Pompeo said.

But there is opposition…

Ben Wizner, director of the American Civil Liberties Union’s Speech, Privacy and Technology Project, argued that US prosecution of Assange sets a dangerous precedent.

“Never in the history of this country has a publisher been prosecuted for presenting truthful information to the public,” Wizner told CNN. “Any prosecution of WikiLeaks for publishing government secrets would set a dangerous precedent that the Trump administration would surely use to target other news organizations.”

So, what is it that Wikileaks have done to stir the wrath of Washington?

Wikileaks has published »war diaries« from U.S. wars in Irak and Afghanistan: Exposing what has been done in the name of the American people, paid for by American taxpayers – to the American public.

This is how it should be in a democratic society. Without transparency, it will become impossible to hold those in power accountable. And it will make democratic elections pointless, as voters cannot make informed choices without the relevant information.

Wikileaks also has published U.S. Embassy cables, exposing the U.S. administration having double standards and lying to other countries (many of them allies) as well as to the American public.

Once again, exposing this is a democratic undertaking. In a democratic society, it is a significant problem if the government holds one set of policies in public and a different one behind the scenes. Power should be carried out in public, not in secret.

Wikileaks and Julian Assange have provided a remarkable service to society, to the American people, and to the world.

Going after Assange is going to war against transparency, the truth, the people – and democracy itself.

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California to make »fake news« illegal?

From a proposed Californian law:

18320.5. It is unlawful for a person to knowingly and willingly make, publish or circulate on an Internet Web site, or cause to be made, published, or circulated in any writing posted on an Internet Web site, a false or deceptive statement designed to influence the vote on either of the following:

(a) Any issue submitted to voters at an election.

(b) Any candidate for election to public office.

EFF comments…

In other words, it would be illegal to be wrong on the internet if it could impact an election. The bill is unconstitutional under U.S. Supreme Court case law (see our opposition letter for more information on that), and likely to draw immediate and costly lawsuits if it is signed into law.

EFF: California Bill To Ban “Fake News” Would Be Disastrous for Political Speech »

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