Tuesday, September 2, 2014

As Turkey Hosts UN's Internet Governance Forum, Censorship in Both, From Twitter to Reuters Anti-Press Complaint to UN Banned from Google's Search Under DMCA


By Matthew Russell Lee

UNITED NATIONS, September 2 -- After a year in which Turkey's government went after both Twitter and YouTube and people using them, starting today Turkey hosts the "UN-organized" Internet Governance Forum.

  Since at least March, Inner City Press has been covering censorship in Turkey, and for longer, at the UN including by the UN's Censorship Alliance, UNCA.
  As Amnesty International has pointed out, "29 Twitter users are being tried in Izmir, Turkey, and face up to three years in jail for posting tweets during last year’s protests that the authorities claim 'incite the public to break the law.' None of the tweets contained any incitement to violence. Three users have been additionally charged with ‘insulting’ the Prime Minister. 'It’s astounding to see Turkish authorities plough on with the prosecution of Twitter critics, even as they host a discussion on Internet governance where human rights are a key theme,” said Sherif Elsayed-Ali, head of Amnesty International's Technology and Human Rights team."

   Under its Internet Law 5651, Turkey has blocked websites, including since the European Court of Human Rights decision in Ahmet Yildirim v. Turkey the law does not adequately protect against arbitrary or abusive blocking measures. Click here for that decision.
   In its bid to censor, Turkey has also used tax law and even copyright law. Turkey blocked Twitter citing a court order, after Prime Minister Recep Tayyip Erdogan in order to get his leaked phone calls removed from Google's YouTube reportedly "copyrighted" his calls.
   Both censorship moves have echoes in the United Nations, which as part of its renovation accepted money and named an area by the Security Council previously open to all accredited journalists the "Turkish Lounge."
   As set forth below, an anti-Press complaint to the UN has been banned from Google's Search by an invocation of copyright similar to Erdogan's.
  Of this abuse of the Digital Millennium Copyright Act, theElectronic Frontier Foundation's Intellectual Property Director Corynne McSherry told Inner City Press about the Reuters case:
"Unfortunately, it is all too easy for a copyright holder (assuming that the person that sent this notice actually held copyright in the email) to abuse the DMCA to take down content and stifle legitimate speech. As countries outside the US consider adopting DMCA-like procedures, they must make sure they include strong protections for free speech, such as significant penalties for takedown abuse."
  In this case, copyright is being (mis) claimed for an email from Reuters' Louis Charbonneau to the UN's then chief Media Accreditation official seeking to get Inner City Press thrown out of the UN.  
  Access to the document has been blocked from Google's search based on a cursory take-down request under the Digital Millennium Copyright Act. 
 If this remains precedent, what else could come down?
  Why not an email from Iran, for example, to the UN's International Atomic Energy Agency? Why not a sanctions filing by a country? Here is Reuters logic, accepted if only automatically by Google:
The copyrighted material is a private email I wrote in April 2012 and for which I never gave permission to be published. It has been published on a blog and appears in on the first page of search results for my name and the firm I work for, Reuters. It can be seen here: http://www.innercitypress.com/reutersLC3unmalu.pdf
  But this is true of ANY leaked document: it can be said that the entity or person exposed "never gave permission [for it] to be published." Does that mean Google can or should block search access to it?
  Can a complaint to a Media Accreditation official against a competitor legitimately be considered "private"? In any event, the DMCA is not about protecting privacy.
  Iran or North Korea could say a filing or status report they make with the IAEA is "private" and was not intended to be published. Would Google, receiving a DMCA filing, block access to the information on, say, Reuters.com?
  Charbonneau's bad-faith argument says his complaint to the UN was "published on a blog." Is THAT what Reuters claims makes it different that publication in some other media?
  The logic of Reuters' and Charbonneau's August 14, 2013 filing with Google, put online via the ChillingEffects.org project, is profoundly anti free press.
  The fact that Google accepts or didn't check, to remain in the DMCA Safe Harbor, the filing makes it even worse. The request to take-down wasn't made to InnerCityPress.com or its server -- it would have been rejected. But banning a page from Search has the same censoring effect.
  The US has a regime to protect freedom of the press, and against prior restraint. But this is a loophole, exploited cynically by Reuters. What if a media conducted a long investigation of a mayor, fueled by a leaked email. When the story was published, could the Mayor make a Reuters-like filing with Google and get it blocked?
  Here is the text of Charbonneau's communication to the UN's top Media Accreditation and Liaison Unit official Stephane Dujarric and MALU's manager, to which he claimed "copyright" and for now has banned from Google's Search:
Hi Isabelle and Stephane,
I just wanted to pass on for the record that I was just confronted by Matt Lee in the DHL auditorium in very hostile fashion a short while ago (there were several witnesses, including Giampaolo). He's obviously gotten wind that there's a movement afoot to expel him from the UNCA executive committee, though he doesn't know the details yet. But he was going out of his way to be as intimidating and aggressive as possible towards me, told me I "disgust" him, etc.
In all my 20+ years of reporting I've never been approached like that by a follow journalist in any press corps, no matter how stressful things got. He's become someone who's making it very hard for me and others in the UN press to do our jobs. His harassment of fellow reporters is reaching a new fever pitch.
I just thought you should know this.
Cheers,
Lou
Louis Charbonneau
Bureau Chief. United Nations
Reuters News Thomson Reuters reuters. com
This email was sent to you by Thomson Reuters, the global news and information company.
"UNCA" in the for-now banned e-mail is the United Nations Correspondents Association. The story developed here, as to Sri Lanka; here is a sample pick-up in Italian, to which we link and give full credit, translated into English (NOT for now by Google). We'll have more on this.
   
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