Archive | Human rights

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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Theresa May should blame herself, not the Internet

To nobody’s surprise also the London Bridge assassins were known to the authorities. One of them has been in a tv-documentary about jihadism. And he was reported trying to convert children he met in a park to Islam. According to himself, he would be prepared to kill his own mother in the name of Allah.

Responsible for the authorities that are supposed to handle things like this was – between 2010 and 2016 – now Prime Minister Theresa May.

Today her only comment is that she would like to censor the Internet.

Censoring information and maximizing surveillance of the people is not the way to defend democracy. That would rather be to support the terrorists strive to destroy our open and free society. And it would do very little to stop religious radicalization.

To Theresa Mays defense, it should be said that it is not all that easy to know what to do. You can hardly lock people up who have not (yet) committed any crime. You cannot jail people because of their skin color, their cultural background, their faith or their political beliefs. And you should not punish entire ethnic groups because of the deeds of a few.

There must be better ways to defeat terrorism.

/ HAX

A few links:

London Bridge terrorist ‘was in Channel 4 documentary about British jihadis’ »

Theresa May Blames The Internet For London Bridge Attack; Repeats Demands To Censor It »

‘Blame the internet’ is just not a good enough response, Theresa May »

Tim Farron warns of win for terrorists if web is made surveillance tool »

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War on terror: We are doing it wrong

Time and time again it turns out that terrorists have been known to authorities before their attacks.

In the tragic Manchester case, there had been numerous reports on the perpetrator. But these warnings were ignored. (This also happened under PM Theresa Mays watch as UK Secretary of State for the Home Department.)

• Manchester attack: UK authorities missed several opportunities to stop suicide bomber Salman Abedi »
• Manchester Bomber Was Repeatedly Reported to Authorities Over Five Years »
• Manchester attacks: MI5 probes bomber ‘warnings’ »

Despite of this – governments insist that the way to fight terrorism is more mass surveillance, infringing on ordinary, decent peoples right to privacy.

This approach is counterproductive – and will make us all less safe.

Clearly, surveillance should be focused on people we have reason to believe are dangerous to others.

And most of these people can be identified, e.g. by their association with others or after having traveled to places of certain types of war and conflict.

Authorities refusal to take a reasonable approach to this issue raises questions about the real purpose of government surveillance schemes.

/ HAX

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G7 Group unite to limit free speech

Dear all,

Please take notice that the G7 meeting just decided to beef up censorship and control of the Internet.

If you make censorship possible at all – sooner or later it will be used by sinister minds.

Please – do not limit the freedom of speech. We cannot silence or put people in prison, simply because we do not agree with whatever they are saying. (Unless they are a direct threat to other people’s immediate security. And if so, only after a fair trial respecting fundamental human rights.)

Giving Big Government and Big Data control over the freedom of the word – that must not happen.

/ HAX

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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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Big Brother is not amused

The annual German Big Brother Awards were bestowed by EDRi member Digitalcourage on 5 May 2017 in Bielefeld, Germany. The event drew much media attention, as one of the awardees threatened the organiser with legal action. (…)

The awardee in the “Politics” category was the Turkish-Islamic Union for Religious Affairs (DİTİB). Imams at DİTİB – with ties to the Turkish government and its secret service MİT – are said to have conducted political espionage on DİTİB members and visitors, exposing them to persecution by the Turkish state.

EDRi » BBA Germany 2017: Espionage, threats, tracking, provoking cyber wars »

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»War makes murderers out of otherwise decent people«

From an interview with Nuremberg prosecutor Benjamin Ferencz…

Lesley Stahl: Did you meet a lot of people who perpetrated war crimes who would otherwise in your opinion have been just a normal, upstanding citizen?

Benjamin Ferencz: Of course, is my answer. These men would never have been murderers had it not been for the war. These were people who could quote Goethe, who loved Wagner, who were polite–

Lesley Stahl: What turns a man into a savage beast like that?

Benjamin Ferencz: He’s not a savage. He’s an intelligent, patriotic human being.

Lesley Stahl: He’s a savage when he does the murder though.

Benjamin Ferencz: No. He’s a patriotic human being acting in the interest of his country, in his mind.

Lesley Stahl: You don’t think they turn into savages even for the act?

Benjamin Ferencz: Do you think the man who dropped the nuclear bomb on Hiroshima was a savage? Now I will tell you something very profound, which I have learned after many years. War makes murderers out of otherwise decent people. All wars, and all decent people.

CBS 60 minutes: What the last Nuremberg prosecutor alive wants the world to know »

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UK: AI to decide who gets bail

Get arrested in Durham, England, and artificial intelligence could help decide whether you’re held in custody or sent home—but it’s not yet clear if the algorithm is more accurate than police officers when it comes to assessing whether someone is likely to reoffend.

So, basically, if someone will be detained or not is to be decided by the behavior of others.

Vice Motherboard: An AI Will Decide Which Criminals in the UK Get Bail »

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A free and open society?

Once again, a senseless terror attack.

Once again, politicians are telling us that we must stand up for a free and open society.

Of course we must. But do they?

Western democracy is slowly being hollowed out. It’s getting ever more secretive and less transparent. Power is being centralized and is moving further away from the people. It is getting ever more difficult to participate in and to scrutinize the decision-making process. Free citizens are being reduced to subordinates.

Civil and human rights are being eroded – e.g. when it comes to the rule of law and the right to privacy.

Free speech is being curbed, the Internet is being censored and people are being told what to think. The so-called fake news is being fought by trying to limit free information instead of giving people more, different sources.

Of course, terrorists and religious fanatics are very real threats to a free and open society. But so are our politicians.

/ HAX

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