Turkey Crackdown on Net & Zeynalov Echoed in UN by Reuters, Bureau Chief's Complaint to UN "Disappeared" by Digital Millennium Copyright Act Complaint

By Matthew Russell Lee

UNITED NATIONS, February 9, update -- Turkey's law allowing the banning of web pages without any court order and deporting of journalist Mahir Zeynalov are not its only recent abuses. Another law makes providing "unauthorized medical care punishable by one to three years' imprisonment and a fine of up to $1 million."

Back on November 26, Inner City Press asked the UN about the law:

Inner City Press: There’s a law in Turkey that’s being considered that would criminalize medical treatment without the authorization of the Government, even if done by a licensed doctor and many people are saying this is a response to the crackdown or to the treatment given to protesters in Occupy Gezi and other things. So doctors groups have written to the Turkish Government and said this would violate their rights as doctors to practice. But, I wonder, does the UN system see as sort of an indirect restriction on protest, i.e. medical treatment to protestors if they’re tear-gassed, in the same way, and is there any comment on this Turkish proposal?

Spokesperson Martin Nesirky: Not at the moment, but I will certainly look into that, Matthew

.

  But no answer has yet been provided by the UN. Now the law to remove or block web pages without judicial review. On this as to the UN it should be noted not only did the UN turn what used to be a press area next to the Security Council into the so-called "Turkish Lounge" from which most journalists are banned -- a leaked complaint by one of the few scribes routiney hob-nobbing in the Turkish Lounge, Reuters' UN bureau chief, has been blocked from Google's Search without any court or apparently other review.

 The right to freedom of the press is being circumvented by acynical request on the part of Reuters to remove leaked documents from Google's search. Of this abuse of the Digital Millennium Copyright Act, the Electronic Frontier Foundation's Intellectual Property Director Corynne McSherry told Inner City Press about this 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' Lou Charbonneau to the UN's chief Media Accreditation official Stephane Dujarric, 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. There is another related form of censorship in the news today: journalist Sharmine Narwani, who wrote on Syria and other topics for Huffington Post before its acquisition byAmerica Online, has had all of her work on the site summarily removed or disappeared. Click here then here for that.

Update: Sharmine Narwani brings up two other cases, one on Syria and another on Bahrain.
  For the record, the Free UN Coalition to Access, formed after the old UN Correspondents Association was turned into a vehicle to try to get the investigative Press thrown out of the UN, has also spoken up along with many others for Gulf media (in particular only because based on personal knowledge Australian reporter Peter Greste) detained in Egypt, and for Angolan radio editor Queiros Chiluvia of Radio Despertar detained for looking into screams from a police station. Could that have been.. "unauthorized medical treament"?  Watch this site.   

As Erdogan Cracks Down in Taksim Square, Ban Ki-moon Stays Silent As When Turkish Guards Beat UN Security in 2011

By Matthew Russell Lee

UNITED NATIONS, June 15 -- Today's crackdown in Turkey on peaceful protesters in Taksim Square and Gezi Park by the government of Recep Tayyip Erdogan has been met with silence from the UN and its Secretary General Ban Ki-moon.

  Ban issued his "warm congratulations" to Hasan Rowhani for winning the presidential election in Iran, at 5 pm Saturday New York time. But nothing on Turkey.

  Back on Friday September 23, 2011, Inner City Press first reported on an incident inside UN headquarters where Erdogan's personal guards "beat up" UN Security officers, breaking the ribs of one.

  Tellingly, when Ban's then chief of staff Vijay Nambiar run across First Avenue to the Turkish Mission -- again, first reported by Inner City Press -- it was to apologize to Erdogan.

  Many UN staff were outraged, that they could be physically beaten and Ban would take the other side. But Erdogan was throwing his weight around; some cited anger at the Palmer (and Uribe) report about the Gaza flotilla incident.

  Ban met with UN Security the next day, Saturday, September 24. Nine were suspended and told not to talk. Inner City Press first reported that too; others got on the story only on Monday and later. It was the beginning of a trend.

  But the real-world trend is the use of force, and UN silence and double standards. And it continues. Watch this site.

Big Talk in Doha Omits Bahrain, Turkey, Qatar Role in Golan Kidnaps, Insults of Royal Family; Karzai Raises Questions at US - Islamic World Forum

By Matthew Russell Lee

UNITED NATIONS, June 9 -- As Qatar provides arms into Syria, it pays to play peacemaker and intellectual locus, now with the US - Islamic World Forum. 

  Brookings - Doha is there, many Western journalists are there. Husain Haqqani, Martin Indyk and US Under Secretary of State Tara Sonenshine are there; John Kerry will soon be there.

  What's NOT there, at least in the two four person groups on Sunday is any discussion of crackdowns in Bahrain and now Turkey. 

  The question of involvement from Qatar in the kidnapping of UN peacekeepers in the Golan Heights? Seemingly not the menu. Tellingly, very little mention of the UN. The UN is becoming, or has become, irrelevant.

  Even in the morning session about Afghanistan, there was almost no talk of the UN. They are there, with the UNAMA mission led by possible Ban Ki-moon successor Jan Kubis. But what is being accomplished?

  Raising big questions while some journalists joke-tweeted about the lack or delay of salad was Hamid Karzai. We spoke about the increase in number of universities in Afghanistan -- good thing -- but called the war on terror less successful. It has led to radicalism, he said, citing yesterday's death count in Benghazi.

  At least he was up to the moment. The other speeches, it's as if they didn't even watch CNN. No mention of tear gas and water cannons in Istanbul or #OccupyGezi. Outgoing OIC chief Ekmeleddin Ihsanoglu didn't mention it. Is Ibrahim Gambari still vying to replace him?

  When the morning session broke for lunch, an MC gushed about the free Wi-Fi. Great: but don't insult the Royal family. A poet was initially sentenced to 15 years for such a poem. You won't hear that, either, at #USislam13. Watch this site

Amid Crackdown in Turkey, Ban Ki-moon's UN Is Silent, No Response to Press: Reducing Access, Turkish Lounge Indeed

By Matthew Russell Lee

UNITED NATIONS, June 3 -- Amid the protests and crackdowns in Taksin Square, Istanbul and elsewhere in Turkey, what has the UN had to say? Nothing.

  It's not that they were not asked. Early on June 1, more than 45 hours before finally publishing this, Inner City Press asked Secretary General Ban Ki-moon's three top spokespeople, "does the UN have any comment or guidance on the response to protests in Istanbul and elsewhere in Turkey?"

  Not only was there no response to or acknowledgment of question, which was accompanied by a request for Ban's response to 19 members of the US Congress writing about his dismissal of 5000 legal claims for the UN bringing cholera to Haiti, and on other issues -- the UN has put out no statement at all.

  Statements are what this UN has been reduced to. They churn them out at breathtaking speed, and those who cover Ban write them up, as it's calls, as fast as they come out. Ban is "deeply concerned" about this, "concerned about that," "calls for restraint," and so forth.

  In this case, it's not that Ban and his Office have not been cranking out statements: about malaria, Tanzania, post-2015 development, Madagascar, the World Bank and, of course, Syria. But nothing on #OccupyGezi or Turkey -- one of the West's and Ban's allies on Syria. Could that be it?

  Meanwhile Ban's UN, having orchestrated an entirely unnecessary reduction in press access and media workspace in front of the relocating Security Council, has also gone silent. Knowing of a 10 am Monday deadline, unlike Ban's Office of the Spokesperson the responsible department did contact Inner City Press.

A request was made to hold off to allow the checking and consideration of information provided by the new Free UN Coalition for Access back on May 21, when the proposed rule (apparently supported by the old UN Correspondents Association and explicitly by Ban or at least his Office of the Spokesperson, video here). Inner City Press did turn closer to home and hold off, it's unclear for what.

Ironically, a cause or justification for the impending reduction in media access is... a new so-called Turkish Lounge. We'll have more on all this. Watch this site.