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 2015: November
 

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30th December

 Offsite Article: Shocking!...

Link Here
sex education video The Express finds some sex education on YouTube featuring real sex

See article from express.co.uk

 

29th December

 Offsite Article: GCHQ can hack your systems at will...

Link Here  full story: Snooper's Charter...Tories re-start massive programme of communications snooping
gchq logo Thanks to soft touch oversight. Privacy International battle exposes bulk warrants

See article from theregister.co.uk

 

26th December

 Update: Any offence, no matter how small...


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Theresa May states the internet snooping powers won't be restricted to serious crimes but will be used to target internet insults, trolling and bullying
Link Here  full story: Snooper's Charter...Tories re-start massive programme of communications snooping
Theresa May The governments invasive mass snooping laws will be used to bring online bullies and trolls to justice, the Home Secretary says.

Theresa May reportedly says that surveillance powers, unveiled under the Investigatory Powers Bill last month, will be used by police and spooks to track down and identify anonymous cyberbullies. The Times reports that 'officials'  will be able to unmask users going by various aliases.

Previously the government has maintained that the far reaching Snooper's Charter would be restricted to tracking serious crimes such as terrorism and child abuse.

Offsite Article: Theresa May wants to see your internet history, so we thought it was only fair to ask for hers

26th December 2015. See  article from independent.co.uk

The Independent requested the Home Secretary's work browsing history for the last week of October under the Freedom of Information Act.

The Home Office has refused to make Theresa May's internet browsing history public under freedom of information rules, arguing that a request to do so is vexatious .

... Read the full article from independent.co.uk

 

23rd December

 Updated: 15 years olds to be banned from using social media without parental consent...


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Yet more Brexit inducing bollox legislation from EU lawmakers
Link Here
EU flag Teenagers under the age of 16 could be banned from Facebook, Snapchat, Instagram and email if they don't have parental permission, under ludicrous last-minute changes to EU laws.

The European Union is on the verge of pushing through new censorship laws that would raise the age of consent for websites to use personal data from 13 to 16.

It would mean that millions of teenagers under 16 would be forced to seek permission from parents whenever signing up to a social media account, downloading an app or even using search engines. No doubt this will either lead to a ludicrously expensive rubber stamping exercise that won't get taken seriously or otherwise kids will be forced to lie about their age. Inevitable tantrums and family tensions will surely do more harm than good.

The law, due to be negotiated between member states on Tuesday, would cause a major headache for social media companies. Almost all major social media services, including Facebook, Instagram, Twitter, Snapchat, and Google, currently have a minimum age of 13, in compliance with European and American laws.

Once laws are agreed, they are due to be voted on by the European parliament's civil liberties, justice and home affairs committee on Thursday before being ratified by the parliament itself in the New Year. Countries would then have two years to implement the law. Failing to comply with the new legislation would mean fines of up to 4pc of a company's turnover - tens of millions of pounds for the biggest internet firms.

Update: Dropped

16th December 2015. See  article from dailymail.co.uk

The EU has dropped its ridiculous idea to require 15 year olds to get parental permission before being allowed to access social media.

The EU lawmakers were bombarded with criticism of the incompetent idea.

the diana award logo Anti-bullying charity The Diana Award last night criticised the move. In a letter to MEPs, the charity wrote:

Children aged 13 and above have long accessed online services; an artificial and sudden change to this threshold will likely result in many children between the ages of 13 and 15 lying about their ages in order to continue accessing online services -- rather than asking their parents to consent.

This development would make it far more difficult for online services to offer children age-appropriate guidance and tools to ensure a safe and privacy-protective experience online.

Update: Not quite dropped

23rd December 2015. See  article from phys.org

It seems that the ludicrous EU idea for 15 year olds to get parental permission to join Facebook etc was not quite dropped as previously reported.

In fact negotiations ultimately maintained the concept of  16 as a digital age of consent, but allows member states to opt-out from the requirement to raise the digital age of consent from 13 to 16. Of course this now has potential to cause confusion due to the way the internet functions across borders. Would a 15-year-old in one country find that his use of social media became illegal as he crossed the border into another?

 

23rd December

 Offsite Article: Internet Snooping Providers...

Link Here  full story: Snooper's Charter...Tories re-start massive programme of communications snooping
ispa logo How the Investigatory Powers Bill will affect ISPs

See article from openrightsgroup.org

 

22nd December

 Update: Endangering British People...


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Apple asks if the risk of your bank account being cleared out by hackers is a price worth paying for the government being able to snoop on your personal messages
Link Here  full story: Snooper's Charter...Tories re-start massive programme of communications snooping
Apple logo Apple has called for changes to the UK government's investigatory powers bill, over fears it would weaken the security of personal data of millions of law-abiding citizens .

In a submission to the bill committee the company expressed major concerns and called for wholesale changes before the bill is passed. It siad:

We believe it would be wrong to weaken security for hundreds of millions of law-abiding customers so that it will also be weaker for the very few who pose a threat. In this rapidly evolving cyber-threat environment, companies should remain free to implement strong encryption to protect customers

Apple highlighted the main areas of the bill that it wants to see changed. It told the committee that passages in the bill could give the government the power to demand Apple alters the way its messaging service, iMessage, works. The company said this would weaken encryption and enable the security services to eavesdrop on iMessage for the first time. In its submission, Apple said:

The creation of backdoors and intercept capabilities would weaken the protections built into Apple products and endanger all our customers. A key left under the doormat would not just be there for the good guys. The bad guys would find it too.

Apple said it was worried about the scope of the bill as many of the provisions in the bill apply to companies regardless of where they are based, giving the bill international scope, despite being a purely domestic piece of legislation. It also runs the risk of placing companies in a damned if they do, damned if they don't position. The company said:

Those businesses affected will have to cope with a set of overlapping foreign and domestic laws. When these laws inevitably conflict, the businesses will be left having to arbitrate between them, knowing that in doing so they might risk sanctions. That is an unreasonable position to be placed in.

 

22nd December

 Offsite Article: China's XXX factor...

Link Here  full story: Pornography in China...Always under the cosh
chinas xxx factor crackdown Crackdown in the world's leading porn consumer

See article from indexoncensorship.org

 

20th December

  Mickey Mouse Justice...

Egyptian man jailed for 3 years over trivial insults, including a Mickey Mouse image of the president
Link Here
mickey mouse president An Egyptian man has been jailed for three years after posting a photo-shopped image of the country's president Abdel Fattah El Sisi with an inane grin and  Mickey Mouse ears on Facebook.

Amr Nohan, a law graduate, was serving as a military conscript when he was tried by a military court for sharing satirical posts on social media sites.

He was sentenced to three years behind bars for posting pictures and other anti-establishment messages which were considered inappropriate for a member of the armed forces. These included including trivial insults such as: Down with Sisi , Morsi and Mubarak , which was branded an insult to national figures .

The victim's brother told IBTimes:

We are truly in a Mickey Mouse state. Satire is a way for any people that have a mind of their own to express themselves, be that in a democratic country or not.

 

19th December

 Offsite Article: EU Broadens Right To Be Forgotten In Dangerously Vague Ways...

Link Here  full story: The Right to be Forgotten...Bureaucratic censorship in the EU
European Parliament logo Here's a conspiracy theory for you: Are anti-European MEPs behind this shamefully bad censorship legislation so as to encourage us to vote for Brexit?

See article from techdirt.com

 

19th December

 Offsite Article: Even museum curators should have got the message by now...

Link Here  full story: Facebook Censorship...Facebook quick to censor
facebook censorship german museum Facebook Content Police Censors Image from a German Museum

See article from vrworld.com

 

18th December

 Update: ISP website blocking not widely used in the UK...

Ofcom report on the uptake of ISP website blocking suggests that about 10% of broadband users opt for the blocking to be turned on.
Link Here  full story: Internet Blocking Adult Websites in UK...Government push for ISPs to block porn

ofcom internet safety 2015 An Ofcom report on Internet Safety Measures provides an update on the steps taken by the UK's four largest fixed-line internet service providers (ISPs) - BT, Sky, TalkTalk and Virgin Media - to offer an unavoidable choice, both to new and to existing customers, whether or not to activate a family-friendly network-level filtering service. This followed an agreement between the Government and the ISPs, under which the ISPs committed to present the unavoidable choice to all new and existing internet customers by the end of December 2014.

The Department for Culture, Media & Sport (DCMS) asked Ofcom to report on internet filters and online safety, including the measures put in place by the ISPs. This fourth report focuses on recent research, the progress made by the ISPs, and other developments during the past year.

Perhaps the most interesting stats in the report are the takeup of the ISP's web blocking systems. A decision on whether on not to turn on the blocking was made mandatory for all users in 2015.

  BT Sky TalkTalk Virgin
% Existing customers opting for blocking 5 62 5 11
% New customers opting for blocking 8 6 33 24
% All customers opting for blocking 6 30-40 14 12

The 62% of existing customers for Sky who have apparently accepted website blocking seems a little strange given that all ISPs have prompted all users to make a choice.

The subtle difference is that Sky went a little further and turned the blocking on for all subscribers who did not respond, whereas the others set their systems to require a selection whenever there was an attempt to use the system, but did not turn it on fro none responders. The inference is that the discrepancy is explained by a large amount of Sky subscribers that never use their broadband have been included in the 62% figure. Presumably the broadband is offered in packages with Sky TV when perhaps a significant number of customers don't use the service for browsing the internet.

Assuming that is the case then perhaps the 6% for new customers is a better estimate of Sky users who have turned on blocking. As a rough estimate, incorrectly assuming all ISPs are similar sized, the average uptake of network level website blocking is 10%.

 

18th December

 Offsite Article: Preston...

Link Here  full story: Internet Snooping in the US...Prism and secret internet snooping
thames house The history of the establishment of UK communication snooping facilities

See article from theregister.co.uk

 

17th December

 Offsite Article: The White House Back Door...

Link Here  full story: Internet Snooping in the US...Prism and secret internet snooping
Electronic Frontier Foundation The EFF debates encryption with the White House

See article from eff.org

 

15th December

 Update: Online Safety Bill clears committee stage in the House of Lords...

The Government stated that it will be consulting on its own proposals to require age verification for porn sites early in the new year
Link Here  full story: Online Safety Bill...Elspeth Howe proposes onerous website age verification
house of lords red logo Elspeth Howe's Online Safety Bill has passed its committee stage in the House of Lords.

The Bill to impose the ISP filtering on all UK ISPS, to require robust age verification for adult websites and to extended this to overseas sites, was widely praised by peers. However the government noted that it would be introducing its own bill to cover these areas next year and would not therefore be supporting Howe's bill.

The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Joanna Shields) summarised the government's position:

I thank all noble Lords for their contributions, and I state one more time that there is no ambiguity about the Government's commitment to launch the consultation shortly after the new year, and to provide for a robust age verification system to ensure that no one under the age of 18 can access pornographic material in the UK. It is a process that has been going on. We have been seeking advice from experts since the manifesto commitment was announced and we are consulting early in the new year. We are 100% committed to that.

I thank the noble Earl, Lord Erroll, for his contributions and for his extraordinary work in leading the development of solutions that will in fact achieve our goal. Many elements of the Bill are incredibly well thought-out and well intentioned, and they will be taken on board in the resulting legislative approach that we take in the new year. This is about timing. This clause requires that the Secretary of State must identify a licensing authority for non UK-based pornographic services, and the noble Baroness's amendment to the clause specifies that the Secretary of State needs a second independent body to conduct appeals. It is a very good suggestion, but it is a bit premature until we finish the consultation.

Regarding the Ofcom/ATVOD role, there is some confusion about the function of ATVOD continuing, but following an Ofcom review, it was publicly announced in October that from January next year Ofcom will take sole responsibility for regulating video on-demand programme services. As a result, it will not continue its co-regulatory arrangement with ATVOD. Let us be clear on this: it is continuing with the function and the obligation of ATVOD, but that is being brought into the Ofcom portfolio.

Earlier in the debate, The Earl of Erroll made an interesting contribution by that privacy implications mean that the age verification approach used by the gambling industry is not applicable to porn sites.

Lord Framlingham:

I am sorry to keep picking the noble Earl's brain, but for the purposes of today's debate, is there any intrinsic difference between the gambling industry and the pornography industry?

The Earl of Erroll:

Yes, there is, interestingly enough. It is to do with the law. Because of anti-money laundering, the gambling industry has to do client checks; it has to behave almost as if it were a bank. As a result, companies have to be able to prove the identity of the person. For various social reasons, it is felt that it is unfair for people to have to declare their identity publicly if they are looking at adult content which it is perfectly legal to watch, or buying alcohol and so on. For instance, if a Muslim buys alcohol and the mosque gets to know about it because their identity had to be declared and retained publicly, they might suffer greatly. Equally, if a Cabinet Minister happens to view some pornography or adult material, that is perfectly legal but, if certain newspapers were to find out, the Minister's career would be destroyed overnight. This is the challenge and the difference. We have to remember that this stuff is legal for the over-18s, but there are social pressures and public opinion, which we may or may not agree with, so I think that we have to protect people's privacy.

Lord Framlingham:

I am sorry to ask again. The example that has been given mentions embarrassment, but it is not technically illegal.

The Earl of Erroll:

The example I have given is one that is career-destroying. The knock-on effect of that could involve all sorts of family repercussions to do with children in school because Daddy or Mummy has just had their career destroyed. We sometimes forget the effect on a family as the result of something that, while it may be regarded by some as socially unacceptable, is perfectly legal. We need to think about that at the parliamentary level.

The bill now moves on to the House of Lords report stage which has not yet been scheduled.

 

15th December

 Offsite Article: Protect the Web and Save Hyperlinks...

Link Here
megaphone A call to action against more Brexit inducing copyright bollox from EU lawmakers

See article from savethelink.org

 

10th December

 Update: A Liar and a Censor...

China's chief internet censors claims that censorship is merely 'management'
Link Here  full story: Internet Censorship in China...All pervading Chinese internet censorship

Great Firewall of China China's chief internet censor has ludicrously claimed that the country's oppressive censorship of th einternet is merely 'management' of the internet.

The comments by Lu Wei, head of the Cyberspace Administration of China, came ahead of next week's state-sponsored World Internet Conference in the town of Wuzhen.  Lu claimed that China does not censor but manages Internet content, the Hong Kong Free Press reports:

Lu said: It is a misuse of words if you say 'content censorship. But no censorship does not mean there is no management. The Chinese government learnt how to manage the internet from Western developed countries, we have not learnt enough yet.

During the briefing, Lu defended the blocking of some websites and censoring of online posts, according to Reuters . He said that if the Chinese government were being too restrictive with the Internet, China's online market would not be experiencing such rapid growth.

 

8th December

  Laudable aims but fearful consequences...

Eric Schmidt proposes artificial intelligence tools to recognise censorable 'hate' content on social networks and YouTube
Link Here
eric schmidt Google's chairman Eric Schmidt has said that technology companies should work on tools to disrupt terrorism - such as creating a hate speech spell-checker . Writing in the New York Times, Schmidt said using technology to automatically filter-out extremist material would de-escalate tensions on social media and remove videos before they spread .

In the wake of the Paris attacks, companies and governments have clashed over how to handle the terrorism threat. Many tech firms, buoyed by the fallout from the Edward Snowden leaks, have stood firm on encryption - with the likes of Apple and others making it near-impossible to access a locked smartphone without the password, a move that has frustrated some politicians.

So Schmidt's editorial appears to be an attempt to ease these tensions and show a willingness from technology companies to help. Schmidt wrote:

As with all great advances in technology, expanded Web access has also brought with it some serious challenges, like threats to free speech, qualms about surveillance and fears of online terrorist activity.

For all the good people can do with new tools and new inventions, there are always some who will seek to do harm. Ever since there's been fire, there's been arson.

We should build tools to help de-escalate tensions on social media - sort of like spell-checkers, but for hate and harassment. We should target social accounts for terrorist groups like the Islamic State, and remove videos before they spread, or help those countering terrorist messages to find their voice.

Without this type of leadership from government, from citizens, from tech companies, the Internet could become a vehicle for further disaggregation of poorly built societies, and the empowerment of the wrong people, and the wrong voices.

And of course there will plenty of interest from many others seeking to censor, for many other reasons less laudable than trying to prevent terrorism.

 

7th December

  Liberte, Egalite, Fraternite...2 out of 3 ain't bad...

France looks to ramping up state surveillance
Link Here

dgse logo The French government is looking towards some of the powers enabled by the current state of emergency and is proposing several ideas to increase state surveillance, including blocks on encrypted Internet connections and a ban on public Wi-Fi networks.

According to the newspaper, Le Monde, the extension of the state of emergency could also stretch to requiring all rental cars to carry GPS, expansion of public video surveillance, two-year telecommunications data retention, and approval for police to use IMSI-catchers (like the Stingray devices used in America to intercept mobile communications).

French news site Numerama.com adds that the matters under debate also include forced provision of messaging encryption keys. The proposals could be up for enacting in law as soon as January, Numerama says.

The proposals stretch beyond shutting off the Wi-Fi at Parisian cafes to banning shared connections with criminal sanctions as enforcement. It would seem that the French authorities want to be better able to correlate individuals with their internet communications by making sure that knowledge of an IP address ties down the communication to known and identified individual.

The proposals also indicate a desire to snoop on VoIP conversations, again with encryption keys to be given to the police.

 

7th December

  Cogs set in motion...

The Australian Senate will report by December next year on the harms to children from internet porn
Link Here
australian senate logo Australian Senators Bullock, Lindgren and Madigan have obtained agreement to a motion calling for the Environment and Communications Legislation Committee to report on Harm being done to Australian children through access to pornography on the Internet. The report is due in December 2016.

The motion submitted and passed reads:

(1) That the Senate notes that:

  • (a) in today's culture, children's use of smart phones, tablets and computers has increased markedly;
  • (b) online pornography is easily accessed, and a growing number of children are viewing it at an early age;
  • (c) recent studies have shown that exposure to pornography has measurable negative effects on brain development and behavioural outcomes;
  • (d) online pornography is increasingly violent in its content, particularly against women, and exposure correlates with children's acceptance of violent attitudes and beliefs;
  • (e) violence against women is often linked back to early and repeated exposure to pornography;
  • (f) violence towards, and abuse of, children is often linked to early and repeated exposure to pornography;
  • (g) children increasingly access the Internet outside their home environment; and
  • (h) previous inquiries in Australia have not adequately addressed the question of children's (those under 18 years-of-age) exposure to online pornography and the harm caused because of that access.

(2) That the following matter be referred to the Environment and Communications Legislation Committee for inquiry and report by the first sitting day in December 2016:

Harm being done to Australian children through access to pornography on the Internet, with particular reference to:

  • (a) trends of online consumption of pornography by children and their impact on the development of healthy and respectful relationships;
  • (b) current methods taken towards harm minimisation in other jurisdictions, and the effectiveness of those methods;
  • (c) the identification of any measures with the potential for implementation in Australia; and
  • (d) any other related matters.

 

2nd December

 Offsite Article: GCHQ can hack your systems at will...

Link Here  full story: Snooper's Charter...Tories re-start massive programme of communications snooping
privacy international logo Thanks to soft touch oversight. Privacy International battle exposes bulk warrants

See article from theregister.co.uk

 

27th November

 Update: Dangerous tweets...

1209 people were convicted last year for internet insults
Link Here  full story: Trivial Insults...Authorities persecuting insulting comments on Facebook and Twitter
Ministry of Justice logo Last year, 1,209 people were found guilty of offences of internet insult under Section 127 of the Communications Act 2003.

It is a crime under the Communications Act to send by means of a public electronic communications network a message or other material that is grossly offensive or of an indecent, obscene or menacing character .

Statistics released by the Ministry of 'Justice' (MoJ) show that 1,501 defendants were prosecuted under the law last year - including 70 juveniles - while another 685 were cautioned. Of those convicted, 155 were jailed - compared to just seven a decade before. The average custodial sentence was 2.2 months.

The MoJ figures also revealed a rise in the number of convictions under the Malicious Communications Act, which states that it is an offence to send a threatening, offensive or indecent letter, electronic communication or article with the intent to cause distress or anxiety.

 

25th November

 Update: Holding the coats of loudmouths and bullies...

ICO demands that Google censors information from google.com when accessed from the UK
Link Here  full story: The Right to be Forgotten...Bureaucratic censorship in the EU
information commissioners office logo The "right to be forgotten" applies to any search engine accessible in the UK, the Information Commissioner's Office has claimed. In a blog post earlier this month, ICO demanded:

In August we issued our first enforcement notice in this area , ordering Google to remove nine search results brought up by entering an individual's name. Google has so far responded constructively, and the links are no longer visible on the European versions of their search engine. However we consider that they should go a step further, and make the links no longer visible to anyone directly accessing any Google search services from within the UK (this would include someone sat a desk in Newcastle, but using google.com). This is a proper and proportionate reflection of what the EU Court of Justice ruling means in practice, and so we've clarified the original enforcement notice , with the original text remaining the same but with a new section added spelling out exactly what we expect of Google.

 

23rd November

  Monitoring Unsocial Networks...

EFF launch website to track content taken down and censored by major social media companies
Link Here

online censorship org logo The Electronic Frontier Foundation (EFF) and Visualizing Impact have launched Onlinecensorship.org, a new platform to document the who, what, and why of content takedowns on social media sites. The project, made possible by a 2014 Knight News Challenge award, will address how social media sites moderate user-generated content and how free expression is affected across the globe.

Controversies over content takedowns seem to bubble up every few weeks, with users complaining about censorship of political speech, nudity, LGBT content, and many other subjects. The passionate debate about these takedowns reveals a larger issue: social media sites have an enormous impact on the public sphere, but are ultimately privately owned companies. Each corporation has their own rules and systems of governance that control users' content, while providing little transparency about how these decisions are made.

At Onlinecensorship.org, users themselves can report on content takedowns from Facebook, Google+, Twitter, Instagram, Flickr, and YouTube. By cataloging and analyzing aggregated cases of social media censorship, Onlinecensorship.org seeks to unveil trends in content removals, provide insight into the types of content being taken down, and learn how these takedowns impact different communities of users. EFF Director for International Freedom of Expression and co-founder of Onlinecensorship.org Jillian C. York said:

We want to know how social media companies enforce their terms of service. The data we collect will allow us to raise public awareness about the ways these companies are regulating speech. We hope that companies will respond to the data by improving their regulations and reporting mechanisms and processes--we need to hold Internet companies accountable for the ways in which they exercise power over people's digital lives.

York and Onlinecensorship.org co-founder Ramzi Jaber were inspired to action after a Facebook post in support of OneWorld's Freedom for Palestine project disappeared from the band Coldplay's page even though it had received nearly 7,000 largely supportive comments. It later became clear that Facebook took down the post after it was reported as abusive by several users. Jaber said:

By collecting these reports, we're not just looking for trends. We're also looking for context, and to build an understanding of how the removal of content affects users' lives. It's important companies understand that, more often than not, the individuals and communities most impacted by online censorship are also the most vulnerabl. Both a company's terms of service and their enforcement mechanisms should take into account power imbalances that place already-marginalized communities at greater risk online.

Onlinecensorship.org has other tools for social media users, including a guide to the often-complex appeals process to fight a content takedown. It will also host a collection of news reports on content moderation practices.

 

21st November

 Update: The right to be forgotten on steroids...or maybe even LSD...

More disgraceful censorship legislation on the way from the EU
Link Here  full story: The Right to be Forgotten...Bureaucratic censorship in the EU

EU flag Europe is very close to the finishing line of an extraordinary project: the adoption of the new General Data Protection Regulation (GDPR), a single, comprehensive replacement for the 28 different laws that implement Europe's existing 1995 Data Protection Directive . More than any other instrument, the original Directive has created a high global standard for personal data protection, and led many other countries to follow Europe's approach. Over the years, Europe has grown ever more committed to the idea of data protection as a core value. In the Union's Charter of Fundamental Rights, legally binding on all the EU states since 2009, lists the "right to the protection of personal data" as a separate and equal right to privacy. The GDPR is intended to update and maintain that high standard of protection, while modernising and streamlining its enforcement.

The battle over the details of the GDPR has so far mostly been a debate between advocates pushing to better defend data protection, against companies and other interests that find consumer privacy laws a hindrance to their business models. Most of the compromises between these two groups have now already been struck.

The result is a ticking time-bomb that will be bad for online speech, and bad for the future reputation of the GDPR and data protection in general.

The current draft of the GDPR doubles down on Google Spain, and raises new problems. (The draft currently under negotiation is not publicly available, but July 2015 versions of the provisions that we refer to can be found in this comparative table of proposals and counter-proposals by the European institutions. Article numbers referenced here, which will likely change in the final text, are to the proposal from the Council of the EU unless otherwise stated.)

First, it requires an Internet intermediary (which is not limited to a search engine, though the exact scope of the obligation remains vague) to respond to a request by a person for the removal of their personal information by immediately restricting the content, without notice to the user who uploaded that content (Articles 4(3a), 17, 17a, and 19a.). Compare this with the DMCA takedown notices, which include a notification requirement, or even the current Right to Be Forgotten process, which give search engines some time to consider the legitimacy of the request. In the new GDPR regime, the default is to block.

Then, after reviewing the (also vague) criteria that balance the privacy claim with other legitimate interests and public interest considerations such as freedom of expression (Articles 6.1(f), 17a(3) and 17.3(a)), and possibly consulting with the user who uploaded the content if doubt remains, the intermediary either permanently erases the content (which, for search engines, means removing their link to it), or reinstates it (Articles 17.1 and 17a(3)). If it does erase the information, it is not required to notify the uploading user of having done so, but is required to notify any downstream publishers or recipients of the same content (Articles 13 and 17.2), and must apparently also disclose any information that it has about the uploading user to the person who requested its removal (Articles 14a(g) and 15(1)(g)).

Think about that for a moment. You place a comment on a website which mentions a few (truthful) facts about another person. Under the GDPR, that person can now demand the instant removal of your comment from the host of the website, while that host determines whether it might be okay to still publish it. If the host's decision goes against you (and you won't always be notified, so good luck spotting the pre-emptive deletion in time to plead your case to Google or Facebook or your ISP), your comment will be erased. If that comment was syndicated, by RSS or some other mechanism, your deleting host is now obliged to let anyone else know that they should also remove the content.

Finally, according to the existing language, while the host is dissuaded from telling you about any of this procedure, they are compelled to hand over personal information about you to the original complainant. So this part of EU's data protection law would actually release personal information!

What are the incentives for the intermediary to stand by the author and keep the material online? If the host fails to remove content that a data protection authority later determines it should have removed, it may become liable to astronomical penalties of ?100 million or up to 5% of its global turnover, whichever is higher (European Parliament proposal for Article 79).

That means there is enormous pressure on the intermediary to take information down if there is even a remote possibility that the information has indeed become "irrelevant", and that countervailing public interest considerations do not apply.

It is not too late yet: proposed amendments to the GDPR are still being considered. We have written a joint letter with ARTICLE 19 to European policymakers, drawing their attention to the problem and explaining what needs to be done. We contend that the problems identified can be overcome by relatively simple amendments to the GDPR, which will help to secure European users' freedom of expression, without detracting from the strong protection that the regime affords to their personal data.

Without fixing the problem, the current draft risks sullying the entire GDPR project. Just like the DMCA takedown process, these GDPR removals won't just be used for the limited purpose they were intended for. Instead, it will be abused to censor authors and invade the privacy of speakers. A GDPR without fixes will damage the reputation of data protection law as effectively as the DMCA permanently tarnished the intent and purpose of copyright law.

 

20th November

  Don't believe what Ofcom says, it's just angling to censor the internet as if it were TV...

Ofcom claims that kids are gullible and are too ready to believe what they read on the internet
Link Here
ofcom children and parenets media use Ofcom writes:

Children are becoming more trusting of what they see online, but sometimes lack the understanding to decide whether it is true or impartial.

Ofcom's Children and Parents: Media and Attitudes Report reveals that children aged 8-15 are spending more than twice as much time online as they did a decade ago, reaching over 15 hours each week in 2015. But even for children who have grown up with the internet - so-called digital natives - there's room to improve their digital know-how and understanding.

For example, children do not always question what they find online. One in five online 12-15s (19%) believe information returned by a search engine such as Google or Bing must be true, yet only a third of 12-15s (31%) are able to identify paid-for adverts in these results.

Nearly one in ten (8%) of all children aged 8-15 who go online believe information from social media websites or apps is all true - doubling from 4% in 2014.

Children are increasingly turning to YouTube for true and accurate information about what's going on in the world. The video sharing site is the preferred choice for this kind of information among nearly one in ten (8%) online children, up from just 3% in 2014. But only half of 12-15s (52%) who watch YouTube are aware that advertising is the main source of funding on the site, and less than half (47%) are aware that vloggers (video bloggers) can be paid to endorse products or services.

James Thickett, Ofcom's Director of Research, said:

The internet allows children to learn, discover different points of view and stay connected with friends and family. But these digital natives still need help to develop the know-how they need to navigate the online world.

More than nine in ten parents of 8-15s (92%) manage their children's internet use in some way - either through technical tools, talking to or supervising their child, or setting rules about access to the internet and online behaviour. Nearly four in ten parents (38%) use all four approaches.

Among the technical tools used by parents are network-level content filters offered by broadband providers. Almost six in ten parents of 8-15s (56%) are aware of these parental controls, up from 50% in 2014, and a quarter (26%) use them, up from 21% in 2014.

It appears that the vast majority of children do hear the advice given about staying safe online. Some 97% of children aged 8-15 recall advice they've been given, particularly from parents.

The large majority (84%) of children aged 8-15 also say they would tell their parents, another family member or a teacher if they saw something online they found worrying, nasty or offensive. However, 6% of children say they would not tell anyone.

 

17th November

 Update: Belief in censorship...

Facebook censors exploited by those wishing to ban atheist websites in India
Link Here  full story: Facebook Censorship...Facebook quick to censor
Facebook logo A Change.org petition is urging Mark Zuckerberg to support freedom of expression in India by unblocking an atheist Facebook group with over 13,000 members titled Indian Atheists Debate Corner.

Facebook, the petition said, had not given any reason for the blockade. One day users in India who tried to visit the site were simply hit with a message that the content was unavailable. This was not the first time a Facebook page for atheists had been censored.

As usual, when shoddy Facebook censorship obtains sufficient publicity then Facebook hold up their hands, claim it was all ghastly mistake, and restore the site. Of course victims unable to raise the required publicity stay censored.

Presumably the atheist groups were flagged by Facebook users who disagree with the website. According to Facebook's transparency report released earlier this week, it censored the postings of thousands of Indian Facebook users because they were anti-religious or was deemed to be hate speech that could cause unrest and disharmony within India.

Facebook would only say that the Indian Atheists Debate Corner was blocked after a reviewer found it violated Facebook rules. After examining the page again as a result of an inquiry, Facebook decided the page did not violate its rules.

It's a reminder that Facebook censors, as The Economist wrote last year, operate under a cloak of anonymity, with no accountability to users. It is often unclear why one piece of content is removed, while another is not. But in failing to better scrutinize take-down requests and their legal underpinnings, Facebook has unwittingly contributed to a long-standing culture of religious persecution and censorship in India.

 

14th November

  Gambling on Censorship...

Quebec looks to block gambling websites that compete with its own
Link Here
Quebec flag Quebec is moving ahead with a plan to order ISPs to block unlicensed gambling websites, an initiative that some say sets a dangerous precedent for censorship of the Web.

Quebec Finance Minister Carlos Leitao tabled censorship legislation to implement the blocking in the province's Consumer Protection Act that direct Internet service providers (ISPs) to block access to a list of unauthorized gambling sites to be drawn up by Loto-Quebec. Failure to comply could lead to a fine of up to $100,000 and twice that for subsequent offences.

The move is intended to maintain a monopoly for the government's own website, Espacejeux which expects to benefit from the censorship to the tune of an additional $13.5-million in 2016-17 and $27-million a year after that.

But critics say the scheme amounts to censorship, that it is technically unworkable and that the province does not have the authority to regulate the Internet in this fashion. Timothy Denton, chairman of the Canadian chapter of the Internet Society, a group that advocates keeping the Internet open and free said:

It is censorship. It's blocking access to otherwise legally available sites in the interests of enhancing one's gambling monopoly. A lot of countries try to do it, but we don't call them liberal democracies.

 

13th November

 updated: Detailed Surveillance...

Offsite articles outlining details of the Snooper's Charter
Link Here  full story: Snooper's Charter...Tories re-start massive programme of communications snooping

Spiked logo The Tory war on privacy

13th November 2015. See article from spiked-online.com

The Investigatory Powers Bill should be ripped up. By Tom Slater

What the Investigatory Powers Bill will mean for your internet use

10th November 2015. See  article from theregister.co.uk

So who REALLY knows what I access?

the register logo The Register details what ISPs will and will not be able to determine from your internet usage. However the article should be read with a little caution. Eg just because an ISP cannot determine which of your family members is accessing the websites on the log doesn't mean the authorities can't. In fact the bill mentions specific capabilities to use context and tracking cookies etc to determine which family member access which sites.

Apple logo UK surveillance bill could bring very dire consequences , warns Apple chief

10th November 2015. See article from theguardian.com

Any back door is a back door for everyone, says Tim Cook of proposals to allow authorities to track citizens' internet use without requiring warrant

UK Surveillance Bill a Threat to Privacy

9th November 2015. See  article from hrw.org

Human Rights Watch logo Key aspects of the bill include:

  • The bill would preserve current blanket data retention requirements for communications data and add a new requirement for communications service providers to retain users' "Internet connection records" for up to 12 months. As described in the government's explanatory notes, this requirement means that the government could get a list of all the websites a person visits or online services they use for up to a year. Even though this would not provide access to the specific pages of a website the person visited, it would be highly revealing of a person's online activity and could result in self-censorship with a chilling effect on free expression. It would also breach the right to privacy and to information, given that it applies to all users regardless of whether they are under suspicion. Intelligence agencies and police would be able to access such communications data without a warrant or review by a judge. Although judicial approval is required for police to gain access to journalists' sources, it would not be required for intelligence agencies to get this access.

Request Filters...

5th November 2015. See  article from theregister.co.uk

T the register logo he Snooper's Charter Bill reveals how the state will maintain a separate datebase entry for every internet user, even when they share an internet connection

Commenting on the government spin about the snooper's charter...

5th November 2015. See article from theguardian.com .

comment is free logo The surveillance bill is as big a threat to state security as to personal liberty. By Simon Jenkins

Surveillance Q&A what web data is affected – and how to foil the snoopers...

5th November 2015. See article from theguardian.com .

The Guardian Critics call it a revived snooper's charter, because the government wants police and spies to be given access to the web browsing history of everyone in Britain.

However, Theresa May says her measures would require internet companies to store data about customers that amount to simply the modern equivalent of an itemised phone bill .

Who is right? And is there anything you can do to make your communications more secure?

Will UK spy bill risk exposing people's porn habits? ...

bbc news logo 5th November 2015. See article from bbc.co.uk .

So, the bill proposes the authorities be given the right to retrospectively check people's internet connection records without having to obtain a warrant.

That means, for example, they would be allowed to learn someone had used Snapchat at 07:30 on their smartphone at home and then two hours later visited Facebook's website via their laptop at work.

It may sound fairly innocuous - but of course many people have internet habits that are legal but nevertheless very private. So, is their privacy being put at risk?

 

12th November

 Update: Merkel seeks refuge from criticism...

German prosecutors initiate action against Facebook exec for allegedly allowing xenophobic comments
Link Here  full story: Internet Censorship in Germany...Germany considers state internet filtering
Germany flag Prosecutors in Hamburg have launched an investigation into the European head of Facebook over the website's alleged failure to remove racist hate speech.

German politicians and celebrities have voiced 'concern' about the rise of xenophobic comments in German on Facebook and on other social media as the country struggles to cope with the million refugees who have responded to the country's inviitation.

Facebook's Hamburg-based managing director for northern, central and eastern Europe , Martin Ott, may be held responsible for the social platform not removing hate speech. This move follows an investigation into three other Facebook managers started last month.

The German chancellor, Angela Merkel, has previously urged Facebook to do more on the matter.

Facebook said it would not commenting on the investigation. But we can say that the allegations lack merit and there has been no violation of German law by Facebook or its employees.

 

10th November

 Update: Propaganda Credentials...

China issues first permission for original online news content
Link Here  full story: Press Censorship in China...State control and sensitive news
China flag China has issued its first press credentials allowing reporters to post state approved 'news' stories on websites.

The state-run Xinhua 'news' agency reports that China granted its first press credentials to online media just last week, adding:

China previously banned most websites from reporting on news, only allowing them to edit and publish news from traditional media.

Online-media reporters are expected to actively expound socialist core values and amplify the mainstream voice in the Internet, making cyberspace 'clear and bright.

That may have been the law, but it was hardly true in practice. Online-only news portals like Sina and Sohu have been reporting news for years, let alone the numerous bloggers and citizen journalists throughout the country. In theory anyone writing original news content, doing interviews, or publishing is technically breaking the law.

The first group of officially-credentialed agencies included the People's Daily, the government portal for Tibet, and Xinhua News Agency itself. So far, the only groups issued state permits to report are... state-run media agencies. No commercial (i.e. not state-run) news portals have yet been issued online press credentials.

 

6th November

 Offsite Article: Full TPP Text After Five Years of Secrecy Confirms Threats to Users' Rights...

Link Here  full story: Drinking Restrictions...Drinking becomes the target of killjoy politicians
what is tpp logo Revealing the latest restrictive trade agreement that thankfully isn't being adopted by the EU

See article from eff.org

 

5th November

  Million Mask March...

Police restrict march protesting against government surveillance
Link Here  full story: Snooper's Charter...Tories re-start massive programme of communications snooping
million mask marchj logo The Million Mask March is an annual protest against government cuts and surveillance across the UK, with the largest gathering in London. It is organised by the internet group Anonymous. The Facebook page for the event, on 5th November, said it was intended to oppose the encroaching destruction of civil liberties.

The Met Police said they were imposing conditions under the Public Order Act. Ch Supt Pippa Mills said conditions were being placed on the protest because we have such serious concerns . The police have specified:

The march must not start before 18:00 GMT and must finish at 21:00; Attendees should stick to a particular route between Parliament Square and Trafalgar Square; Officers have the power to make protesters remove facial coverings.

Protests are expected across the world, with demonstrations expected to take place in countries including Cambodia, Chile, Canada, America and Mexico.

 

4th November

 Updated: So strong encryption will be banned after all...

More propaganda from Theresa May and co shown to be bollox
Link Here  full story: Snooper's Charter...Tories re-start massive programme of communications snooping

Theresa May Internet and social media companies will be banned from putting customer communications beyond their own reach under new laws to be unveiled on Wednesday.

Companies such as Apple, Google and others will no longer be able to offer encryption so advanced that even they cannot decipher it when asked to, the Daily Telegraph can disclose.

Measures in the Investigatory Powers Bill will place in law a requirement on tech firms and service providers to be able to provide unencrypted communications to the police or spy agencies if requested through a warrant. A Home Office spokessnoop said:

The Government is clear we need to find a way to work with industry as technology develops to ensure that, with clear oversight and a robust legal framework, the police and intelligence agencies can access the content of communications of terrorists and criminals in order to resolve police investigations and prevent criminal acts.

That means ensuring that companies themselves can access the content of communications on their networks when presented with a warrant, as many of them already do for their own business purposes, for example to target advertising. These companies' reputations rest on their ability to protect their users' data.

Update: The impact of a ban on encryption

4th November 2015. See  article from publicaffairs.linx.net

Contrary to recent promises by Ministers that the government will not attempt to weaken or undermine encryption, the new obligation would require companies to ensure that they had the capability to decrypt any data they stored. This would particularly impact cloud-based companies like Apple and Facebook, which have won consumer trust for the integrity of their Facetime and WhatsApp communications services by designing them with encryption that protects customer data even from the company itself.

End-to-end encryption means, for communications, that the message is encrypted by the sender with a key known only to the intended recipient. Thus Alice can Facetime Bob safe in the knowledge that Apple cannot access the communication, even though Facetime communications need to be sent through servers run by Apple. End-to-end encryption also applies for data storage in the cloud: a business storing its corporate data in a cloud service like Amazon S3 or Google Glacier will encrypt that data with a key that it knows and Amazon or Google does not.

The ability to support end-to-end encryption has been a crucial factor enabling adoption of cloud-based services as a viable alternative to traditional applications run by corporate IT departments. Quite apart from any consumer backlash, prohibiting this capability would give pause to more security-sensitive businesses, that have a duty to protect the integrity of their customer data: if storing data in the cloud means exposing customer data to the cloud-service provider, use of cloud services becomes much riskier. Recent high-profile breaches at TalkTalk, Vodafone and credit-rating agency Experian have greatly raised sensitivity to risk.

 

4th November

  China's Worldwide Domain...

US domain registry decides to ban words that offend the Chinese government, like democracy, from worldwide domain names
Link Here

xyz logo A US domain registry xyz.com has put in a proposal to ICANN that would see it automatically censoring new domain names that match a Chinese government blacklist. Industry news site Domain Incite has reported that this puts perhaps close to 12,000 banned words and expressions onto the blacklist, thereby preventing terms such as the Chinese words for democracy and human rights from being registered within any of the company's top-level domains, which include .xyz, .college, .rent, .theatre, .protection and .security. This will apply not only to Chinese registrants, but to registrants worldwide.

In describing to ICANN the consultations that it has undertaken about these censorship plans, xyz.com blithely claims We believe that no parties have any legitimate reason to object to the introduction of this service . Chinese bloggers and dissidents, some of whom have received sentences as severe as life in prison for speaking out online, might beg to differ with this assessment.

Censorship of a domain name is not the same as censorship of the content hosted at that domain name (the Chinese government does both, but xyz.com's proposal only affects the former). Neither would the censorship plan prevent users from registering domain names from the government blacklist in any of other hundreds of top-level domains run by competing registries (though China will still block these from access by Chinese users), or registering trivial variants that avoid the blacklist. Even so, as ineffective as it may be, xyz.com's complicity in advancing the Chinese government's censorship of the Internet remains profoundly misguided, and contrary to their role as a provider of domain names to the world.

xyz.com's casual acceptance of Chinese censorship of its domain space provides an open invitation to China and other governments to apply more pressure on registrars and on ICANN itself to further limit the expression of speech through domain names. In the long term, this will only further erode the ability for users to express themselves online, by registering domain names that describe or complement speech hosted at that domain, or are a short and pithy speech act in themselves.

Update: Backing off

 4th November 2015

The CEO of .xyz has written to deny that any domains would be blocked by their registry, as their proposal had suggested. Whether this had been a miscommunication in the proposal, or is a reversal of their previous position, we welcome the now unambiguous statement by .xyz that Internet users in China and worldwide will be free to register strings that offend the Chinese government in any of the .xyz registry's top-level domains.

 

2nd November

 Update: Council Jobsworths and their dogs will be able to snoop on your browsing history...

Time to write a bot to visit millions of random sites to obscure your actual browsing
Link Here  full story: Snooper's Charter...Tories re-start massive programme of communications snooping

Theresa May Councils, the taxman and dozens of other public bodies will be able to search the internet and social media activity of everyone in Britain, The Telegraph can disclose.

Technology firms will be required to keep records of the websites and apps which people have used and details of when they accessed them for 12 months under new powers unveiled this week.

The new powers, contained in legislation which is published on Wednesday , will primarily be used by police and the security services in pursuit of suspected terrorists and serious criminals.

Nominally they will not be allowed to see which pages people have viewed or their searches while on the websites and apps, or the content of any messages, without a warrant, however it would seem likely obtaining a warrant will be a rubber stamp exercise.

The Telegraph understands that a total of 38 bodies will also be entitled to access the records for the purpose of detecting or preventing crime .

A government source claims that access will be limited, targeted and strictly controlled and overseen by a new Investigatory Powers Commissioner, but such 'oversight' has never ever done anything to reign in the authorities in any previous incarnation of snooping laws.

Ministers are also planning to introduce a new offence to deter the abuse of powers which will result in significant fines. Councils will also be required to get requests signed off by a magistrate before they are authorised, but it seems unlikely that a magistrate would ever side with anyone accused of a crime.

The authorities will be able to see which websites were visited, but not the exact page that they viewed.

The intelligence agencies, police and the National Crime Agency will be the obvious users of the capability but other bodies including the Financial Conduct Authority, HMRC, councils, the Health and Safety Executive and the Department for Work and Pensions will be able to access the information.

 

2nd November

 Petition: Don't Let it Bounce Back...

Open Rights Group petition against the Government's Snooper's Charter+
Link Here

snoopers charter bounce back logo The Government has announced it's going to introduce an Investigatory Powers Bill. It's the new Snoopers' Charter with even more powers for the police and GCHQ to spy on us. Sign our petition to say you want to stop it!

This is the fifth time a Government has tried to bring in the Snoopers' Charter. The Home Office wants to give the police and intelligence services even more powers to look at what we do and who we talk to.

Do we really want to live in a country where the police tries to access all of our texts and WhatsApp messages to our loved ones, the emails from our friends, the Facebook messages we've sent and the Snapchat photos our friends send us?

We'll have to wait and see for the precise details of the Home Office's plans but we might see them attacking the encryption technology that helps keep our messages and web browsing secure.

We think the police and intelligence services should target people suspected of crimes instead of collecting everyone's data, all of the time.

We're standing up against the Snooper's Charter. We've stopped it before and with your help, we can do that again.

It's not clear that the Home Office's collect-it-all approach is effective or giving us value for money. The perpetrators of atrocities like Lee Rigby's murder and the Charlie Hebdo attack were already on the radar of the British and French intelligence services. But they decided to stop monitoring them because of lack of resources.

The Home Office's answer to Edward Snowden's shocking disclosures should not be to give the police and the security services even more powers.

We'll be organising a lobby day soon so you can go to Parliament, get a briefing about this Bill and then talk to your MP so watch this space!

...Sign the petition

 

2nd November

 Offsite Article: Do you prefer snooping on you to be rubberstamped by judges or politicians?...

Link Here  full story: Snooper's Charter...Tories re-start massive programme of communications snooping
open democracy logo The Investigatory Powers Bill is our chance to publicly set the rules around surveillance. By Julian Huppert

See article from opendemocracy.net

 

1st November

 Offsite Article: Don't be fooled by spook propaganda...

Link Here  full story: Snooper's Charter...Tories re-start massive programme of communications snooping
Henry Porter The state still wants licence to pry. By Henry Porter

See article from theguardian.com