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Update: State Censors...

Australian government defends its wide-ranging ability to block websites without accountability


Link Here31st October 2014
Full story: Internet Censorship in Australia...Wide ranging state internet censorship
Australia's law-enforcement agency has defended its use of a law that requires ISPs to block websites government agencies deem illegal, without judicial oversight.

Australian Federal Police (AFP) claimed they need section 313 of the Telecommunications Act, which requires telcos to enforce criminal laws, protect public revenue and anything deemed to be a matter of national security.

The AFP, financial regulator ASIC and an unidentified national security agency have interpreted the law to mean they have the power to order telcos to block websites hosting illegal material.

But ISPs have called for restrictions. They argue there is not enough oversight and that some providers had even received blocking requests from animal protection agency the RSPCA.

Between 2011 and 2013 the Department of Communications estimated 32 requests to block websites had been made. As far as it was aware, only three government agencies had used the power.

 

 

Updated: Government creating new laws to suffocate British businesses selling to adults...

When will politicians ever do anything useful, like funding a convenient and free age verification system that businesses will then be keen to use?


Link Here 31st October 2014

Porn websites will be forced to check users are over 18 under a new crackdown to stop children accessing explicit material.

Mobile phone companies and credit card firms will have to ensure that someone proves they are aged 18 or over before being given access to adult websites.

Now it has emerged that plans are being drawn up to force adult websites to carry out checks on the age of users. It would cover pornography sites, as well as those selling guns and other age-restricted material, the Sunday Times reported.

The Department for Culture, Media and Sport is working on the plans with Treasury minister Andrea Leadsom, who oversees regulation of the banking system.

However, the new rules would only cover UK-based websites to begin with.  It is already nearly impossible to run a British adult website due to onerous age verification rules and critics have noted that only one of the 1,266 adult websites visited from the UK in December 2013 was a service that is regulated in this country.

It seems very unlikely that these new rules will have any impact on the availability of porn to children. Even if new downloads were stopped tomorrow there's probably already enough knocking around and hard drives and memory sticks to last several lifetimes of playground swopsies. The only effect it will have is to add to the mountain of red tape, administrative costs and restrictive regulations that is impoverishing the west.

 

Offsite Comment: Why age checks on porn sites will do more harm than good

28th October 2014. See  article from  telegraph.co.uk by Martin Daubney

The Government's plan to introduce age verification checks only shows that politicians remain too scared to approach the porn problem in a meaningful manner.

...Read the full article

Update: Will the payment providers provide age verification?

31st October 2014. See  article from  business.avn.com

That tidbit of information, along with other reports indicating that PayPal and Visa will be taking part in the new scheme in addition to other approved methods of verification, suggests that one way the government ostensibly means to gain control of the internet is by pressuring processors to age-verify while simultaneously holding out the (dubious) promise of increased and officially sanctioned business.

 

 

Extracts: So Orwell was just 30 years out...

How the police and GCHQ work round legal requirements so as to enable secretive mass snooping


Link Here29th October 2014

British intelligence services can access raw material collected in bulk by the NSA and other foreign spy agencies without a warrant, the government has confirmed for the first time.

GCHQ's secret arrangements for accessing bulk material are revealed in documents submitted to the Investigatory Powers Tribunal, the UK surveillance watchdog, in response to a joint legal challenge by Privacy International, Liberty and Amnesty International. The legal action was launched in the wake of the Edward Snowden revelations published by the Guardian and other news organisations last year.

The government's submission discloses that the UK can obtain unselected -- meaning unanalysed, or raw intelligence -- information from overseas partners without a warrant if it was not technically feasible to obtain the communications under a warrant and if it is necessary and proportionate for the intelligence agencies to obtain that information.

The rules essentially permit bulk collection of material, which can include communications of UK citizens, provided the request does not amount to deliberate circumvention of the Regulation of Investigatory Powers Act (Ripa), which governs much of the UK's surveillance activities.

And the Police...

From  bigbrotherwatch.org.uk
See  Spying on phone calls and emails has doubled under the coalition from  telegraph.co.uk

Big Brother Watch has published a report highlighting the true scale of police forces' use of surveillance powers.

The report comes at a time when the powers have faced serious criticism, following revelations that police have used them to access journalists' phone records.

The research focuses on the use of 'directed surveillance' contained in the controversial Regulation of Investigatory Powers Act (RIPA) by police forces; a form of covert surveillance conducted in places other than residential premises or private vehicles which is deemed to be non-intrusive, but is still likely to result in personal information about the individual being obtained.

Although the report details how directed surveillance powers were authorised more than 27,000 times over a three year period, police forces are not compelled to record any other statistics; therefore we cannot know the exact number of individuals that these authorisations relate to.

 

 

Linked Judgements...

European Court of Justice decides that embedding pre-existing video without permission is not liable to claims of copyright infringement


Link Here29th October 2014
The Court of Justice of the European Union has handed down a landmark verdict. The Court ruled that embedding copyrighted videos is not copyright infringement, even if the source video was uploaded without permission.

The case in question was referred to EU's Court of Justice by a German court. It deals with a dispute between the water filtering company BestWater International and two men who work as independent commercial agents for a competitor. Bestwater accused the men of embedding one of their promotional videos, which was available on YouTube without the company's permission. The video was embedded on the personal website of the two through a frame, as is usual with YouTube videos.

While EU law is clear on most piracy issues, the copyright directive says very little about embedding copyrighted works. The Court of Justice, however, now argues that embedding is not copyright infringement.

The Court argues that embedding a file or video is not a breach of creator's copyrights under European law, as long as it's not altered or communicated to a new public. In the current case, the video was already available on YouTube so embedding it is not seen as a new communication. T he Court's verdict reads:

The embedding in a website of a protected work which is publicly accessible on another website by means of a link using the framing technology ... does not by itself constitute communication to the public within the meaning of [the EU Copyright directive] to the extent that the relevant work is neither communicated to a new public nor by using a specific technical means different from that used for the original communication.

The Court based its verdict on an earlier decision in the Svensson case , where it found that hyperlinking to a previously published work is not copyright infringement. Together, both cases will have a major impact on future copyright cases in the EU. For Internet users it means that they are protected from liability if they embed copyrighted videos or images from other websites, for example.

 

 

Offsite Article: Silencing extreme views, even if they are those of internet trolls, is wrong...


Link Here26th October 2014
Full story: Internet Trolls...Internet users jailed for trolling
Internet trolls are among the worst specimens the human race can offer. But they are not a reason to nod through another restriction on personal freedom

See article from theguardian.com

 

 

Update: Reading a bit too much into 'following' someone on Twitter...

Social media told to counter terrorist propaganda with government propaganda


Link Here 24th October 2014
Full story: Glorification of Censorship...Climate of fear caused by glorification of terrorsim

Senior British executives from Twitter, Google and Facebook were summoned to Downing Street on Thursday and told to do more to take action to curb the online activities of extremists. The Home Office and Crown Prosecution Service are in talks about using court orders to ensure that ISPs immediately remove extremist propaganda.

The warning came as it transpired that Britain's most high-profile radical Islamist preacher, Anjem Choudary, had influenced the man involved in the Ottawa attack. Canadian terrorist Martin Ahmad Rouleau's Twitter account showed that he followed several radical preachers, including Choudary, who tweeted that he hoped that the Canadian attacker would be admitted to heaven.

However, Choudary said: The fact that someone follows you on Twitter does not mean you necessarily influenced him to do anything.

As part of the plans, the Government also wants to encourage social media sites to use so-called counter-speech tactics, which involves positive messages about Islam online to prevent extremists monopolising websites.

 

 

Toeing the Censorship Line...

Citizen Lab reveals a little about keyword censorship used in China to block Line app messages


Link Here23rd October 2014
Full story: Internet Censorship in China...All pervading Chinese internet censorship
Messaging app Line started has increased censorship in China by adding more keywords to its region-based block list.

However researchers have revealed an increased sophistication to the system making it less noticeable to users, as edgecastcdn.net reported. The censorship software now allows users to use these words separately but not in phrases. Similar techniques have also been implemented in social media sites such as Weibo.

Censorship becomes more meticulous and does not block everything completely, said Wu Qianhua, researcher at the university. He said he thinks the new tactic is helping the regime. For example, under the new system, users could send messages that include Xinjiang or independence , but not two at the same time:

If you only hide a small part, instead of everything that is relative to a certain topic, then fewer people would be affected by censorship and more will be interested to talk about topics such as Xinjiang in a 'legal' way, Wu said. But when you hide everything, people will be more curious about how the censorship works and why it exists.

The researchers found out that if users set China as their country, the app's censorship functionality will be triggered and automatically download a bad words list from a website named Naver . However, users could also learn from a post on the lab's website on how to change their location settings and bypass the region-focused system that applies to China.

 

 

Updated: Facebook's real names policy is problematic for free speech...

From trans people to activists, there are some good reasons for some Facebook users to use a pseudonym. And yet, Facebook is unrelenting


Link Here 22nd October 2014

Facebook again made headlines this month for its refusal to allow users to represent themselves with their chosen identities. A number of users of the site, mainly drag performers, reported that their accounts had been taken down in violation of the company's real names policy that requires individuals to use their legal name for personal accounts.

...Read the full article


Update: Facebook apologises to drag queens for deleting their accounts due to fake names'

3rd October 2014. See article from itv.com . Thanks to Nick

As per standard procedure at the Facebook censor's office, when enough negative publicity is created, the PR department springs into life. Facebook then makes profuse apologies, claims it was all some sort of ghastly mistake, then makes an exception to the rules for the publicised case, makes no real changes, and then carries on as normal in censoring all the vast majority of people who are not quite so adept at generating publicity.

In this case Facebook has now appealed for attempting to out drag queens, Mentioning two drag queens while clarifying their policy Facebook's Chris Cox said:

Our policy has never been to require everyone on Facebook to use their legal name. The spirit of our policy is that everyone on Facebook uses the authentic name they use in real life. For Sister Roma, that's Sister Roma. For Lil Miss Hot Mess, that's Lil Miss Hot Mess. Part of what's been so difficult about this conversation is that we support both of these individuals, and so many others affected by this, completely and utterly in how they use Facebook.

Facebook has said that a single user highlighted the accounts as possibly using fake names and the reports were lost in the several hundred thousand fake name reports they process a week.

Offsite Comment: Dear Facebook: Sorry is a Start. Now Let's See Solutions

5th October 2014. See  article from  eff.org

When it comes to Facebook's real names policy, it's really clear---something needs to change. Over the last few weeks, we've joined dozens of advocates in saying so. And in a meeting with LGBTQ and digital rights advocates, Facebook agreed. Of course, admitting there's a problem is always the first step towards a solution. But what's not clear is what that solution will be.

EFF continues to believe that the best solution is simply to get rid of the real names policy entirely. But barring that, Facebook needs to find a solution that takes into account the myriad groups of people affected by Facebook's faulty policy, from undocumented immigrants, to activists in oppressive regimes, to survivors of domestic violence.

...Read the full article

Update: Facebook Bollox

22nd October 2014. See  article from  theguardian.com

Weeks after Facebook apologised for the way its real-name policy had led to the suspension of numerous drag queens' accounts, user accounts are still being suspended or deactivated for not using people's legal names.

Sister Roma, a veteran of San Francisco's Sisters of Perpetual Indulgence , is one of the leaders of the campaign to get Facebook to restore these accounts and has become a key liaison between the social media giant and people whose accounts continue to be suspended or deactivated. Sister Roma told the Guardian:

Every time one or two get fixed, a handful get suspended So we really feel like we're swimming upstream, and while I'm hopeful that Facebook is doing the right thing, it's discouraging.

Sister Roma said she has fielded 300 to 400 emails from people whose accounts have been suspended or deactivated.

 

 

Commented: Is it all politicians can do, dream up new ways to imprison ordinary people?...

Government proposed to increase the penalty for internet insult to 2 years in jail


Link Here 22nd October 2014
Full story: Insulting UK Law...UK proesecutions of jokes and insults on social media
Internet insults could lead to two years in jail under new laws, 'Justice' Secretary Chris Grayling has said. He proposes that magistrates should be able to pass serious cases on to crown courts under the new measures.

He told the Mail on Sunday quadrupling the current maximum six-month term showed his determination to take a stand against a baying cyber-mob

These internet trolls are cowards who are poisoning our national life. No-one would permit such venom in person, so there should be no place for it on social media. That is why we are determined to quadruple the current six-month sentence.

As the terrible case of Chloe Madeley showed last week, people are being abused online in the most crude and degrading fashion.

This is a law to combat cruelty - and marks our determination to take a stand against a baying cyber-mob. We must send out a clear message: if you troll you risk being behind bars for two years.

Those who subject others to sexually offensive, verbally abusive or threatening material online are currently prosecuted in magistrates' courts under the Malicious Communications Act, with a maximum prison sentence of six months. More serious cases could go to crown court under the proposals, where the maximum sentence would be extended.

The law change is to be made as an amendment to the Criminal Justice and Courts Bill going through Parliament.

Emma Carr, director of Big Brother Watch, responded to the proposed new penalties:

The Justice Secretary should be focusing his efforts on incidents where real harm may be caused, not casting the net wider for anything that could be deemed offensive.

The Crown Prosecution Service and the police have completely failed to properly use the existing harassment law, which itself would address the actions of anyone who poses a serious threat.

The victims of serious abuse online, or indeed offline, do not need headline grabbing policies. They need definitive action to ensure that the police know what the law is when a compliant is made. It is that action which will keep them safe, not attempts to legally blur the line between illegal behaviour and being generally offensive.

Offsite Comment: Trolling 'is' a free-speech issue, and always has been

22nd October 2014. See  article from  spiked-online.com by Tom Slater

The UK justice secretary's announcement on Sunday that the jail sentence for abusive online trolling is set to be quadrupled, from a maximum of six months to two years, should send a chill down the spine of all freedom-loving individuals. The fact that a panic over the phlegm-spitting, misspelled missives of a few keyboard warriors has laid the path for heavy-handed state intervention into our communications sets a dangerous precedent for the future of free expression online.

...Read the full article .

Note that the increase in sentences for internet insult is not actually a new addition to the bill, the repressive measure has been included from the beginning.

 

 

Offsite Article: Speaking volumes about your whereabouts...


Link Here19th October 2014
Revealed how Whisper app tracks supposedly anonymous users

See article from theguardian.com

 

 

Trademarked Blocking Systems...

ISP website blocking extended to websites accused of trademark infringement


Link Here18th October 2014
In a landmark ruling, the High Court has ordered several of the UK's leading ISPs to block websites dealing in counterfeit products. The decision follows legal action by Richemont, the owner of several luxury brands including Cartier and Montblanc.

Following successful action by the world's leading entertainment companies to have sites blocked at the ISP level on grounds of copyright infringement, it was perhaps inevitable that other companies with similar issues, such as trademark infringement would tread the same path.

Compagnie Financiere Richemont S.A. owns several well-known luxury brands including Cartier and Mont Blanc and for some time has tried to force sites selling counterfeit products to close down. Faced with poor results, in 2014 the company wrote to the UK's leading ISPs, Sky, TalkTalk, BT, Virgin Media, EE and Telefonica/O2, complaining that third party sites were infringing on Richemont trademarks.

Concerned that Richemont hadn't done enough to close the sites down on its own and that blocking could affect legitimate trade, the ISPs resisted and the matter found itself before the High Court.

The court decision means that the ISPs named in the legal action must now restrict access to websites selling physical counterfeits in the same way they already restrict file-sharing sites.

A Richemont spokesperson told TorrentFreak that the ruling represents a positive step in the fight to protect brands and customers from the sale of counterfeit goods online. T he company said:

We are pleased by this judgment and welcome the Court's recognition that there is a public interest in preventing trade mark infringement, particularly where counterfeit goods are involved. The Courts had already granted orders requiring ISPs to block sites for infringement of copyright in relation to pirated content. This decision is a logical extension of that principle to trade marks.

TorrentFreak reports that the decision is likely to be appealed.

 

 

Forget the Children...

Championing the right for young people to have their childhood forgotten


Link Here18th October 2014
The government's former digital champion, Martha Lane Fox, has said teenagers should be given the right to erase their online past when they reach 18.

The lastminute.com founder said it seems a pretty good idea that people should be able to scratch everything you did online pre-18 :

We should be able to create these safe places for kids to be OK and for it not be okay for that to then come back to haunt you at a later date. That feels quite urgent and important and manageable.

But she said she had mixed feelings about the more general principle of the right to be forgotten. She added:

Someone at Google suggested to me you cold be able to annotate Google, not completely Wikipedia style but that you would be able to put up a note saying, yes this is this, but this is related to me and this is what I think about it. I thought that was quite an interesting idea.

 

 

Updated: Seeking Consent of Parliament...

Government publishes the details of its new law targeting revenge porn


Link Here15th October 2014
Full story: Revenge porn in the UK...UK government considers legislation
The government has published the details of a new law targeting revenge porn:

Publication of private sexual images

(1) It shall be an offence for a person to publish a private sexual image of another identifiable person without their consent where this disclosure  causes distress to the person who is the subject of the image.

(2) A person is not guilty of an offence under subsection (1) if he or she-—

(a) reasonably believed that the person who is the subject of the image had consented to its publication;

(b) reasonably believed that the publication of the image would not cause distress;

(c) reasonably believed that the image had previously been published; or

(d) did not intend to publish the image.

(3) For the purposes of this section it is immaterial who owns the copyright of the published image.

(4) An offence under this section is punishable by—

(a) on conviction on indictment, imprisonment for a term of not exceeding 2 years or a fine (or both);

(b) on summary conviction, imprisonment for a term of not exceeding 6 months or a fine (or both).

Update: Unintelligible law

14th October 2014. See article from publications.parliament.uk . Thanks to Therumbler

Seems to be a disgraceful government proposed amendment to turn the law into gobbledegook where people will be found guilty whatever the circumstances, whilst journalists seem to have been excused any responsibility whatever the circumstances.

Disclosing private sexual photographs and films with intent to cause distress

(1) It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made---

  • (a) without the consent of an individual who appears in the photograph or film, and

  • (b) with the intention of causing that individual distress.

(2) But it is not an offence for the person to disclose the photograph or film to the individual mentioned in subsection (1)(a) and (b).

(3) It is a defence for a person charged with an offence under this section to prove that he or she reasonably believed that the disclosure was necessary for the purposes of preventing, detecting or investigating crime.

(4) It is a defence for a person charged with an offence under this section to show that---

  • (a) the disclosure was made in the course of, or with a view to, the publication of journalistic material, and

  • (b) he or she reasonably believed that, in the particular circumstances, the publication of the journalistic material was, or would be, in the public interest.

(5) It is a defence for a person charged with an offence under this section to show that---

  • (a) he or she reasonably believed that the photograph or film had previously been disclosed for reward, whether by the individual mentioned in subsection (1)(a) and (b) or another person, and

  • (b) he or she had no reason to believe that the previous disclosure for reward was made without the consent of the individual mentioned in subsection (1)(a) and (b).

(6) A person is taken to have shown the matters mentioned in subsection (4) or (5) if---

  • (a) sufficient evidence of the matters is adduced to raise an issue with respect to it, and

  • (b) the contrary is not proved beyond reasonable doubt.

(7) For the purposes of subsections (1) to (5)---

  • (a) consent to a disclosure includes general consent covering the disclosure, as well as consent to the particular disclosure, and

  • (b) publication of journalistic material means disclosure to the public.

(8) A person charged with an offence under this section is not to be taken to have disclosed a photograph or film with the intention of causing distress merely because that was a natural and probable consequence of the disclosure.

(9) A person guilty of an offence under this section is liable---

  • (a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), and

  • (b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine (or both).

(10) Schedule (Disclosing private sexual photographs or films: providers of information society services) makes special provision in connection with the operation of this section in relation to persons providing information society services.

(11) In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference in subsection (9)(b) to 12 months is to be read as a reference to 6 months.

(12) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (9)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

Meaning of disclose and photograph or film

(1) The following apply for the purposes of section (Disclosing private sexual photographs and films with intent to cause distress), this section and section (Meaning of private and sexual).

(2) A person discloses something to a person if, by any means, he or she gives or shows it to the person or makes it available to the person.

(3) Something that is given, shown or made available to a person is disclosed---

  • (a) whether or not it is given, shown or made available for reward, and

  • (b) whether or not it has previously been given, shown or made available to the person.

(4) Photograph or film means a still or moving image in any form that---

  • (a) appears to consist of or include one or more photographed or filmed images, and

  • (b) in fact consists of or includes one or more photographed or filmed images.

(5) The reference in subsection (4)(b) to photographed or filmed images includes photographed or filmed images that have been altered in any way.

(6) Photographed or filmed image means a still or moving image that---

  • (a) was originally captured by photography or filming, or

  • (b) is part of an image originally captured by photography or filming.

(7) Filming means making a recording, on any medium, from which a moving image may be produced by any means.

(8) References to a photograph or film include---

  • (a) a negative version of an image described in subsection (4), and

  • (b) data stored by any means which is capable of conversion into an image described in subsection (4).

Meaning of private and sexual

(1) The following apply for the purposes of section (Disclosing private sexual photographs and films with intent to cause distress).

(2) A photograph or film is private if it shows something that is not of a kind ordinarily seen in public.

(3) A photograph or film is sexual if---

  • (a) it shows all or part of an individual's exposed genitals or pubic area,

  • (b) it shows something that a reasonable person would consider to be sexual because of its nature, or

  • (c) its content, taken as a whole, is such that a reasonable person would consider it to be sexual.

(4) Subsection (5) applies in the case of ---

  • (a) a photograph or film that consists of or includes a photographed or filmed image that has been altered in any way,

  • (b) a photograph or film that combines two or more photographed or filmed images, and

  • (c) a photograph or film that combines a photographed or filmed image with something else.

(5) The photograph or film is not private and sexual if---

  • (a) it does not consist of or include a photographed or filmed image that is itself private and sexual,

  • (b) it is only private or sexual by virtue of the alteration or combination mentioned in subsection (4), or

  • (c) it is only by virtue of the alteration or combination mentioned in subsection (4) that the person mentioned in section (Disclosing private sexual photographs and films with intent to cause distress)(1)(a) and (b) is shown as part of, or with, whatever makes the photograph or film private and sexual.

 

 

Offsite Article: Open Case...


Link Here15th October 2014
European Court to consider who is responsible for copyright infringement via open WiFi

See article from techdirt.com

 

 

Update: Government to Avenge Revenge...

Government to introduce a new criminal offence of distributing revenge pornography


Link Here12th October 2014
Full story: Revenge porn in the UK...UK government considers legislation
A new criminal offence of posting so-called revenge pornography on the internet will carry a maximum jail term of two years, Chris Grayling, the Justice Secretary, has announced.

Cruel and angry individuals who publish intimate pictures, videos or text messages to retaliate against their former partners will be targeted with the new law.

The proposal will be formally proposed in Parliament this week.

This is a significant change of tack by the government as a few days ago the Crown Prosecution Service (CPS) said that there were sufficient existing laws available to target revenge porn.

Speaking ahead of the debate in Parliament on Monday, Grayling said:

The fact that there are individuals who are cruelly distributing intimate pictures of their former partners without their consent is almost beyond belief. We want those who fall victim to this type of disgusting behaviour to know that we are on their side and will do everything we can to bring offenders to justice. That is why we will change the law and make it absolutely clear to those who act in this way that they could face prison.

The new law will cover the sharing of images both online and offline. It will mean that images posted to social networking sites such as Facebook and Twitter will be caught by the offence, as well as those that are shared via text message. Images shared via email, on a website or the distribution of physical copies will also be caught. Those convicted will face a maximum sentence of two years in prison.

The Ministry of Justice said the offence would cover photographs or films which show people engaged in sexual activity or depicted in a sexual way, or with their genitals exposed, where what is shown would not usually be seen in public.

Victims and others will be able to report offences to the police to investigate.

 

 

Update: Revising History...

Google reports on the scale of censorship under the right to be forgotten


Link Here12th October 2014
Full story: The Right to be Forgotten...Bureaucratic censorship in the EU
One in 10 requests for web links to be censored from search results under European right to be forgotten laws have come from the UK, Google has said.

Google said it had removed 498,737 links from search results since May this year - including 63,616 pages following requests from the UK. It said 18,304 requests were made in the UK, the third highest in the EU.

According to a transparency report released on its website, Google removed 35% - or 18,459 - of censorship requests.

Google also provided examples of the sorts of requests it had received, along with the search engine's decision.

 

 

Update: Every Country Rules the World...

French court demands that Google blocks searches world wide, not just on French Google


Link Here9th October 2014
Full story: Internet Censorship in France...Web blocking in the name of child protection
In one of the first rulings of its kind, a French court last month ordered Google to remove links to defamatory information from its search results globally .

Up to now, most rulings have limited themselves to the local top level domain -- such as Google.fr. However, the decision of the High Court in Paris was that this would be insufficient because even in France users can search using the Google.com domain.

If Google does not comply, it will face daily fines of 1,000 euros.

 

 

Update: CPS to Avenge Revenge...

The Crown Prosecution Service explains that 'revenge porn' will be prosecuted under existing plentiful existing laws that target internet communications


Link Here7th October 2014
Full story: Revenge porn in the UK...UK government considers legislation
The CPS has updated its legal guidance regarding the prosecution of communications sent via social media with a clear section that explains how current legislation can be used to prosecute offences involving the malicious use of intimate media, sometimes referred to as 'revenge pornography'.

This clarification does not signify a new approach but clearly sets out for prosecutors which laws can be used to bring these cases to court. In all cases the CPS will apply the most appropriate law which best addresses the alleged offending. It is a matter for Parliament to decide if further laws are needed or if changes need to be made to the current legislation. A spokesperson for the CPS said:

No one should have to suffer the hurt and humiliation of 'revenge pornography' -- a nasty and invasive crime that appears, anecdotally at least, to have increased as social media use has gone up.

The Crown Prosecution Service prosecutes these cases using a range of current laws, and we have now clarified our legal guidance to set out clearly how these cases should be brought to court.

Due to the very personal nature of 'revenge pornography' prosecutors are being asked specifically to consider the impact on the victims involved. The new guidance also makes clear that the context of each case needs to be considered alongside current guidelines to ensure that the most appropriate legislation is used when prosecuting. The public, and indeed those intent on attacking former partners in this way, can now see clearly that this is a crime that can and will be prosecuted."

Revenge pornography' is typically sexually explicit media that is publically shared online without the consent of the pictured individual and is usually uploaded by ex-partners.  The images are often accompanied by personal information including the pictured individual's full name, links to social media profiles and address, and are shared with the intent to cause distress or harm to the individual.

The guidance outlines:

  • The issue in cases of 'revenge pornography' will be whether the message or communication is grossly offensive, indecent, obscene or false, not whether the image itself is indecent or obscene.
  • Section 1 of the Malicious Communications Act 1988 deals with the sending of electronic communications which are indecent, grossly offensive, threatening or false, provided there is an intention to cause distress or anxiety to the recipient.
  • Section 127 of the Communications Act 2003 makes it an offence to send or cause to be sent through a 'public electronic communications network' a message that is 'grossly offensive' or of an 'indecent, obscene or menacing character'.
  • Where there is more than one incident, or the incident forms part of a course of conduct directed towards an individual, a charge of harassment should be considered.
  • Where the images may have been taken when the victim was under 18, prosecutors will consider offences under the Protection of Children Act 1978.
  • In the most serious cases, where intimate images are used to coerce victims into further sexual activity, other offences under the Sexual Offences Act 2003 will be considered.

In order to prosecute, all cases must meet the evidential stage in the Full Code Test of the Code for Crown Prosecutors, and be considered to be in the public interest.

These offences would not normally be brought under the Obscene Publications Act.

We have informed the House of Lords Select Committee on Communications of this change, following their interest in the subject earlier this year. The CPS legal guidance on the prosecution of cases involving communications sent via social media were drafted specifically due to the rapid expansion of social media and can be found on  www.cps.gov.uk

 

 

Update: Award Winner Revealed...

The Guardian wins Emmy award for informing people about mass state snooping


Link Here6th October 2014
The Guardian US has won an Emmy for its groundbreaking coverage of Edward Snowden's disclosures about mass surveillance by US intelligence agencies.

The Guardian's multimedia interactive feature NSA Decoded was announced as the winner in the new approaches: current news category at the news and documentary Emmy.

The comprehensive interactive walks the audience through the facts and implications of the NSA's mass surveillance program, revealed by the Guardian last year in coverage based on leaks by Snowden. The interactive includes interviews and discussions with key players including the journalist Glenn Greenwald, former NSA employees, senators and members of US congress.

The project was led by interactives editor and reporter Gabriel Dance, reporter Ewen MacAskill and producers Feilding Cage and Greg Chen.

 

 

Will some body think of the children...

Government led UKCCIS discusses new ideas for internet censorship


Link Here 5th October 2014
The UK Council for Child Internet Safety is a government led forum where it discusses internet censorship issues with industry and selected campaigners. It is not really limited to child safety issues.

The latest minutes reveal discussions about:

  • Revenge porn .

    Maria Miller for the government argued that the posting of sexual images of adults without their consent should be classified as a sexual offence. The law is currently opaque in this area and there is a need for guidance.
     
  • Net Neutrality .

    There were concerns that the push for net neutrality does not allow for interference in a free internet, for example by imposing mandatory website censorship for public wi-fi.
     
  • Religious Extremism .

    Immediately before the Executive Board, James Brokenshire met with the four ISPs to talk about the inclusion of extremist material in their family friendly filters.

    Filtering often doesn't reach content on social media platforms. The Home Office is in conversation with major social media companies about safe mode   have spoken to Google, Facebook etc.
     

  • Public Wi-Fi

    It is worth considering other areas of concern where public Wi-Fi has a role to play e.g. revenge porn and extremism. We should find out whether public Wi-Fi could filter further.

 

 

Update: The Worst of the Worst...

Selecting the most repressive neighbours to provide the model for internet censorship in Laos


Link Here3rd October 2014
Laos Prime Minister Thongsing Thammavong has signed a new decree imposing stricter Internet control in the country. Signed last September 16, 2014, the new regulation promotes responsible and constructive use of the Internet among Lao netizens.

A few months ago, Lao officials announced that they were studying the experience of other Southeast Asian nations as a guide in drafting an Internet law which they plan to implement this year. They chose the restrictive cyber laws of Myanmar and Vietnam as models in formulating the framework of Laos' Internet law. Laos officials also reportedly looked at the approach used by China in regulating the Web.

As expected, the result is a law that claims to support the growth of the Internet but actually contains numerous contradictory provisions that undermine free speech and other citizen rights.

Provisions that recognize the privacy rights of Internet users, the protection of intellectual property, and prohibitions on pornography may be less controversial for Laotians. But the law also prohibits sharing photos that contradict Lao traditions and culture. The question is this, who will decide whether an obscene image insults Laotian heritage?

The same decree also identified several so-called cybercrimes whose definitions are unclear and very broad. They include:

  • Disseminating false information against the Lao People's Revolutionary Party;
  • Circulating information that encourages citizens to be involved in terrorism, murder, and social disorder;
  • Supporting online campaigns that seek to divide solidarity among ethnic groups and between countries;
  • Spreading information that distorts truth or tarnishes the dignity and rights of individuals, sectors, institutions and organizations;
  • Sharing of comments whose contents are in line with the abovementioned prohibitions.

Internet service providers are ordered not to provide service to individuals, legal entities or organizations whose movement seeks to undermine the Party and government policies.

Based on these guidelines, it seems that legitimate criticism of government programs and policies can be interpreted as a criminal act if it creates division, confusion, or disorder among the public. It is easy to see how authorities could use the law to prosecute journalists, activists, and other critics of the government.

The law also prohibits the creation of anonymous or pseudonymous accounts online, purportedly in an effort to ease the efforts of authorities in regulating the Internet. This is a big blow to citizens who seek to expose wrongdoings in the government through the Internet.

The government believes that this kind of Internet regulation is necessary to prevent abuse and misuse of the Internet as a space for communication and connection. While acknowledging the positive contributions of the Internet to the local economy, Lao officials also warned that it can be used to cause panic in society. They cited the spread of inaccurate information about the Lao Airlines crash and a recently online rumor of human organ trafficking in Attapeu province. In both cases, the Laos government was forced to make official statements to clarify the wrong information.

Despite these excesses, however, the Laos government previously vowed not to block the Internet, believing that it is essential to the modernization and industrialization of the country. But the new Internet law will undermine the commitment of Laos officials to keep the Internet open and free. It will discourage netizens from maximizing online spaces to engage public officials and challenge public policies.

The law could also impede the growth of the IT sector. In 2011 there were only 60,000 Facebook users in Laos. Today, more than half a million Lao citizens use the popular social networking site. According to news reports, there are now five telecommunications companies, seven Internet service providers and about 900 computer shops in the country. At this time, what Laos needs is a law that will boost this industry and not something that will unfairly penalize critics, activists, and even ordinary Internet users.

It is unfortunate that Laos has aligned itself with its neighbors in the region that are implementing repressive Internet laws to stifle dissent, intimidate the opposition, and even punish critical citizens. Laos should strive to distinguish itself in the region by adopting a human rights-based framework in regulating the Internet.

 

 

Update: Trade Barrier...

Chinese internet censorship may be blocking dissent but it also blocking business opportunities too


Link Here2nd October 2014
Full story: Internet Censorship in China...All pervading Chinese internet censorship

China's government has tightened its control over the Internet so much recently that businesses, researchers and ordinary people are finding it hard to complete basic and innocuous tasks, like placing ads on websites, sharing documents and reading technical documents. It seems the government of President Xi Jinping is so determined to crack down on dissent that it is even willing to stifle commerce and scientific research.

The country has imposed burdensome controls on the Internet in recent months by blocking online libraries, text messaging applications and cloud computing services, including those provided by American companies like Google. For example, the government has made it very hard to use web services that were previously available, like Google Drive, which many businesses use to share documents among employees. And virtual private networks that allow employees to log on to their corporate servers remotely have also come under attack.

The tougher line will certainly make it harder for foreign companies to do business in China -- one American executive told The Times the new controls were a frustrating and annoying drain on productivity.

Most Chinese people and businesses, however, cannot easily get around these controls. They will have a harder time getting access to information stored on foreign computer servers or communicating with people outside China.

 

 

Update: New schemes start todayish...

Voluntary BBFC ratings for UK based music videos on YouTube


Link Here1st October 2014
Full story: BBFC Online Music Censors...Scheme for UK music publishers to get BBFC rating for videos
This Friday a pilot scheme to add age ratings to online music videos starts but don't expect to see any huge 12s, 15s or 18s on videos just yet. All parties involved say people watching the videos won't see any changes until the end of the year.

YouTube says it is committed but technical change may take time and Vevo has agreed to trial the scheme.

Three of the biggest labels in the UK - Sony, Universal, and Warner Brothers - have all also agreed to take part. But it will only apply to artists signed to UK labels.

The BBFC will be awarding the age ratings.

Mercury-nominated singer FKA Twigs commented:

I think that the answer to protecting younger viewers is not to ban things, it's to show an alternative.

I guess with my videos we're talking directly about sexuality and there's nothing wrong with that.

Why shouldn't younger people learn and explore about what sexuality is as an adult? Why shouldn't they do that?

We're not living in Victorian Britain, do we want to be repressed? Do we want to have these kids doing weird things behind closed doors or should this be a country that is leading by example in explaining to people?

 

 

Enemies of the People...

Tim Berners-Lee notes: 'Suddenly the power to abuse the open internet has become so tempting both for government and big companies'


Link Here1st October 2014

Tim Berners-Lee, the British computer scientist who invented the web 25 years ago, called on Saturday for a bill of rights that would guarantee the independence of the internet and ensure users' privacy. He said at the Web We Want festival on the future of the internet:

If a company can control your access to the internet, if they can control which websites they go to, then they have tremendous control over your life.

If a government can block you going to, for example, the opposition's political pages, then they can give you a blinkered view of reality to keep themselves in power.

Suddenly the power to abuse the open internet has become so tempting both for government and big companies.

He called for an internet version of the Magna Carta, the 13th century English charter credited with guaranteeing basic rights and freedoms:

There have been lots of times that it has been abused, so now the Magna Carta is about saying...I want a web where I'm not spied on, where there's no censorship.


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