The beginning of an new era of Internet censorship?

Internet and social media giants Facebook, Twitter, Google’s YouTube and Microsoft on Tuesday pledged to combat online hate speech in Europe as the European Union’s European Commission unveiled a new code of conduct in Brussels designed to avoid the “spread of illegal hate speech.”

The companies vowed to review most valid requests for removal of illegal hate speech within 24 hours and to remove or disable access if necessary.

To be observed. Closely.

THR: Facebook, Twitter, YouTube Vow to Combat Online Hate Speech in Europe »

EU:s EPP group calls for Internet censorship

The centre-right group in the European Parliament, EPP, just released an article on its’ website: The Fight Against Online Radicalisation »

Let me copy paste a few passages…

This would mean limiting the internet reach that ISIS and other extremist groups have on our social media networks. To ban them completely would be impossible as it is difficult enough to figure out who is an extremist recruiter and who isn’t on Facebook and Twitter, but we can certainly limit and delete their Facebook pages and bar their accounts. (…)

It has been agreed that Europol is to obtain greater powers to deal with the tackling of the terrorist threat online. New specialist units, monitored by an European Data Protection Supervisor and a Joint Parliamentary Scrutiny Group, will be set up that will be able to contact social network providers (Facebook, Twitter etc.) directly to ask that pages and accounts run by ISIS are shut down as fast as possible.

Obviously, we need to make a stand against radical Islamism and others who advocate violence and who do not respect human rights and civil liberties. But is censorship really the right way to do it?

Either you have freedom of speech or you don’t. If you restrict free speech, e.g. by censoring Internet content, per definition you have lost it.

The only acceptable exception would be clearly expressed, substantial threats directed against other people’s life, security or property.

It is true that radical Islamism is a murderous ideology. But so is Communism and Fascism. Banning all bad and dangerous doctrines would have far-reaching implications. And who is to decide what to censor?

If we introduce far-reaching online censorship you can be absolutely sure that it will be extended beyond its’ original purpose.

Actually, we are already there. In many countries, xenophobic and anti-immigration Internet activities are prohibited, censored and can lead to prosecution. What is considered to be acceptable opinions or banned hate speech is a matter of definition. And once again, who is to decide?

The irony of it all is that the same set of rules are used to silence radical Islamism as anti-Muslim, anti-immigration rants.

Radical Islamism aiming at limiting other people’s freedom, human rights and/or civil rights must be opposed. Strongly. But it must be done in a frank debate and by good examples.

You simply cannot defend a free and open society by limiting people’s human and civil rights (such as freedom of speech).

/ HAX

The Closing of the Net

Monica Hortens new book The Closing of the Net is now available.

In a mail to colleagues, fans and friends she writes…

I am delighted to announce that my new book “The Closing of the Net” has been released.

“The Closing of the Net” discusses how political decisions are influencing the future direction of Internet communication. As the interests of powerful businesses are manipulating governments and policymakers, and become more embedded in the online world, so these corporations seek greater exemption from liability. The book confronts the deepening cooperation between large companies and the state. Political manoeuvrings, it argues, suggest that the original vision of a free and democratic Internet is rapidly being eclipsed by a closed, market-led, heavily monitored online ecosystem. “The Closing of the Net” tackles the controversies surrounding individual rights today, addressing policy agendas such as net neutrality, copyright and privacy. It includes research that I have not previously published on topics including Megaupload, the EU Data Retention Directive, UK copyright lawsuits, and more.

“The Closing of the Net” is published by Polity Press http://tinyurl.com/zhqz5j6 and is available from Amazon http://amzn.to/1S6zxJ7 It has been described as “thriller-esque”! I do hope you enjoy it.

Monica Horten gave us a lot of important input about the Telecoms Package and other net oriented dossiers when I worked with the Pirate Party in the European Parliament.

Germany to abolish open wi-fi liability for users’ behavior

Germany’s ruling coalition has decided to abolish the liability for users’ copyright infringements and other behavior when operating an open wi-fi access point. This weird and anachronistic liability has seriously hampered the organic net growth in Germany, and was recently challenged at the European level. The revised law is expected to take effect as early as this fall.

Falkvinge – Finally: Germany to abolish open wi-fi liability for users’ behavior »

More on TTIP, IP and the Internet

“Reading between the lines, it would seem that the United States negotiators are being heavied by their IP industries to push for stronger measures on IPR enforcement. This would be consistent with the industry lobbying on the previous attempt for an EU-US copyright treaty – known as ACTA or Anti-counterfeiting Trade Agreement. It is also consistent with the intensity of the relationship between the lead US negotiating body, the United States Trae Representative (USTR) and representatiives of the US entertainment industries – notably the Motion picture Association of America (MPAA).

A suggestion that is hinted at by the EU negotiators is a new IPR Committee. It is not clear where such a committee would be based, or what its role is, but we can safely assume that it will incorporate the interests of the US corporations who seek to influence EU policy.”

Monica Horten at IPTegrity.com – TTIP leaks: US warned on sensitive IPR issues »

EU: Privatised censorship and surveillance

In relation to the real motivation behind the privatised censorship proposals (copyright), the draft talks about platforms “which make available copyright-protected content uploaded by end-users”. The wording is very deliberate. While the E-Commerce Directive gives liability protection to hosting companies that passively host content on behalf of their users, “making available” is an active use of content for which the rightsowner has a “exclusive right to authorise or prohibit any communication to the public”. As a result, any “making available” by online platforms without prior consent of the rightsholder would be a breach of copyright, for which the platform would be liable. The only option for being liable for a “making available” by your customers is to subject any uploads to prior checking, filtering and/or takedown in cases of doubt. Online platforms already delete vast amounts of perfectly legal content uploaded by users, so this new incentive would make the situation even worse.

EDRi: Leaked EU Communication – Part 1: Privatised censorship and surveillance »

Todays TTIP leak and the Internet

Today a batch of documents concerning the Transatlantic Trade and Investment Partnership (TTIP) has been leaked by Greenpeace.

As suspected there are worrying indications when it comes to the future of a free and open Internet.

• TTIP might result in the EU and US being able to ignore fundamental human rights (such as the right to privacy) when it comes to telecommunications. This is serious, as such issues have been central in previous legislative acts concerning the Internet.

• With the EU-US Privacy Shield still being a pretty open issue, TTIP seems to move the issue of data transfers in favour of Big Data. It is doubtful if there will be any meaningful protection of personal data being transferred from EU to the US.

• When it comes to Intellectual Property (IP), there are signs that TTIP will move to make Internet Service Providers to “voluntary” police the net. In other words, TTIP seems to make another try to re-introduce IP provisions that the European Parliament has already rejected in ACTA.

IP issues in TTIP seems to be open for negotiations and last-minute amendments. EDRi explains…

Concerning so-called “Intellectual Property” (IP), the negotiators seem to take lobbyists’ wish list very seriously. According to the leaked report, “[w]hen confronted with EU warning that bringing sensitive proposals that would require changes in EU law to the table – and doing it at a late stage of the negotiation – may have a negative impact on stakeholders” (which would apparently not include citizens) “and has very limited chances of being accepted”, the US seemed to be prepared to depart from the model of the TPP. Among the proposals the US is thinking of tabling, it includes privatised enforcement measures, that EDRi has been criticising since its inception because they bypass the rule of law and lead to arbitrary corporate decision-making without accountability (cf. “voluntary stakeholder initiatives”). As with ACTA, the US is strongly supportive of “voluntary initiatives” as US-based global giants already impose US copyright law on a global level. The EU (as shown by the recent leak of the Communication on Platforms) supports this approach.

It’s still early days. And there is no lack of warning signals.

So, I guess there will be yet another battle over a free and open Internet. (Frustratingly, in part it seems to be the same battle over IP issues being fought over and over again.)

/ HAX

• Greenpeace: TTIP Leaks »
• EDRi: TTIP leaks confirm dangers for digital rights »
• The Guardian: Leaked TTIP documents cast doubt on EU-US trade deal »
• Europan Commission: EU negotiating texts in TTIP »
• EU Commissioner Cecilia Malmström: Negotiating TTIP »

U.S. ISPs Refuse to Disconnect Persistent Pirates

The U.S. broadband association USTelecom, a trade association representing many ISPs, is taking a stand against abusive takedown notices and a recent push to terminate the accounts of repeat infringers. They argue that ISPs are not required to pass on takedown notices and stress that their subscribers shouldn’t lose Internet access based solely on copyright holder complaints.

TorrentFreak: U.S. ISPs Refuse to Disconnect Persistent Pirates »

ECJ to rule in favour of linking?

Linking to pirated content that is already available to the public can not be seen as copyright infringement under the European Copyright Directive. This is the advice Advocate General Melchior Wathelet has sent to the EU Court of Justice, in what may turn out to be a landmark case.

TorrentFreak: Linking to Pirated Content Is Not Copyright Infringement, Says EU Court Adviser »