Showing posts with label DMCA. Show all posts
Showing posts with label DMCA. Show all posts

Tuesday, July 2, 2019

In SDNY Hearst Loses Bid To Block Subpoena To Have CLO Eve Burton Testify in Trump Photo DMCA Case


By Matthew Russell Lee, Patreon, Periscope
SDNY COURTHOUSE, July 1 – Hearst Communications, Inc. lost its bid to block the issuance of a subpoena for its chief legal officer Eve Burton to have to testify in a July 15 trial of copyright claims to a photo of President Donald J. Trump crashing a wedding.
  After oral argument on July 1, in which Hearst's lawyers told U.S. District Court for the Southern District of New York Judge Gregory H. Woods that Ms. Burton is simply too busy to testify, and in any event has no direct knowledge of the copyright training program at issue, Judge Woods issued an oral ruling denying Hearst's motion in limine.
  First, Judge Woods noted that the so-called "Apex Witness" doctrine Hearst relied on applies to taking depositions of senior officials, not to trial testimony. Then, more colloquially, he asked the Hearst lawyer what it would cost, beyond the cost of a subway ride from 57th Street, a short walk and an hour of testimony.
   The Hearst lawyer said that these things - presumably meaning taking the stand in a trial - have a way of eating up more time than anticipated. The case is Otto v. Hearst Communications, Inc. 17-cv-4712 (Woods).
  Plaintiff photograph Jonathan Otto's lawyer cited as precedent a case in which a BuzzFeed official had to testify. Hearst's lawyer replied that BuzzFeed is "tiny," noting that Hearst has an investment in it. 
   Ass Inner City Press reported in May 2019, BuzzFeed Media is being sued, rather routinely, for using a Florida photographer's aerial shot of Miami's American Airlines Arena, see below. And on May 28 into the SDNY, otherwise occupied with Michael Avenatti, came the case of CollegeHumor.com's use of a Himalayan Dog photo by photographer Sebastian Wahlhuetter. The publication took place in 2016, in an article entitled "20 Random Reddit Photos Turned Into Epid Movie Posters." But the lawsuit was filed in February 2019. College Humor was ordered by SDNY Judge Lorna G. Schofield to respond by May 20, but there is no response in the docket as of the May 28 hearing date. The case is 19-cv-2501, Jury Trial Demanded. Now the demand is for $3,000 in damages, $10,000 in statutory damages, $2037.50 in attorneys' fees and $475 in costs and, of course, interest. This is the SDNY.
   On May 14 Gizmodo was sued, by photographer David McGlynn, for using his photo of Malcoln Abbott which ran in the New York Post on March 13, 2019, in a story about the Varsity Blues scandal. 
  L'affaire Gizmodo has been assigned tp U.S. District Court for the Southern District of New York Judge Alison J. Nathan, who recently presided over SEC v. Elon Musk. Might her approach to DMCA claims be different than fellow SDNY Judge Vernon Broderick?

On May 10 BuzzFeed's lawyer argued that under the Digital Millennium Copyright Act they can demand attorney's fees from the photographer, even if they lose, if the judgment is less than what they have offered.  That case is Myeress v BuzzFeed Inc, 18-cv-2365 (VSB).

Thursday, February 4, 2016

On DRC Group of Experts Report, Reuters Trumpeted Burundi - Rwanda, Inner City Press Published Full Report -- Then ADF



By Matthew Russell Lee, Exclusive publication

UNITED NATIONS, February 4 -- A mere two paragraphs out of a more than 20-paragraph UN Group of Experts report were trumpeted by Reuters on the evening of February 3: Rwanda is training Burundian opposition fighters, in DRC, citing 18 such combatants.

   There was, of course, much more to this 12-page UN report, including simply as one example that the UN Peacekeepers from Tanzania was described as meeting / working with the ADF rebels, mis-speaking and getting in a firefight with the Congolese Army. But this lead section of the report was not in Reuters February 3 lead story by its UN bureau chief.

 Inner City Press, having seen this before, put the entire 12 page UN DRC Group of Experts report online on the morning of February 4, here, and asked about it at the February 4 UN noon briefing, transcript here(some then left the briefing room, on which we'll have more.)  Video here.

   Only on the afternoon of February 4 did Reuters note the other sections of the report, including the Tanzanians - and then, not by the bureau chief but the correspondent.

For the record, the Reuters bureau chief first tried to get Inner City Press out of the UN -- then asked to have his anti-Press filing with the UNremoved from Google's search as purportedly copyrighted, an abuse of the Digital Millennium Copyright Act and a move at odds with Reuters claimed embrace of freedom of information. His filing, put online by the Electronic Frontier Foundation's Chilling Effects project, is here; his underlying email to the UN's (now spokesman) Stephane Dujarric  is here.

Other at Reuters got involved, a Freedom of Information Act request by Inner City Press revealed: but the company's executives refused to explain their policies as requested.

  Then the Reuters correspondent tried, with a stealth filing with the UN. Less stealth, in the briefing room and on video here, on February 3 this Reuters correspondent tried to cut off Inner City Press questions to the UN deputy spokesperson about corruption involving indicted Ng Lap Seng and the UN Correspondents Association, on whose board Reuters has a seemingly permanent seat, and tried to use to oust the Press. We'll have more on this.

After UN Secretary General Ban Ki-moon on New Year's Eve issued a statement surreally praising the Burundi “talks” held in Entebbe, Uganda, multiple sources told Inner City Press these not really talks but rather a photo op. The January 6 session announced for Arusha did not happen.  Inner City Press requested to cover the UNSC's trip to Burundi, but was UNtransparently rejected.

Transparently, Inner City Press is today publishing the DR Congo Group of Experts Update Report including about 18 Burundian combatants, here and see below.

At the February 4 UN noon briefing, Inner City Press asked Ban's Deputy Spokesperson Farhan Haq, transcript here:

Inner City Press: I've seen the Group of Experts' report and actually published it, and I wanted to ask you the following: you said there's a Group of Experts, the DRC (Democratic Republic of the Congo) sanctions Group of Experts.  And there's two paragraphs in the report... if you can say from this podium, what is the mandate of that Group of Experts?  And I ask because, previously, they were asked to look into the  Burundian Government's youth militia training in South Kivu, and the answer was that this was beyond their mandate, that they are the DRC sanctions committee.  So I wanted to know, was there some change in their mandate, and, perhaps relatedly, what is the process to replace… you've announced that Movses Abelian is getting a promotion, all to the good, what is the process for replacing the head of SCAD, the Security Council Affairs Division, and does it involve consultation with the P5 members?  Thank you.

Deputy Spokesman:  First of all, regarding your first question about the mandate of the Group of Experts, that mandate is set by the relevant Security Council resolutions.  I'd simply refer you back to those.  Regarding Mr. Abelian, yes, we announced that he will be in charge of the Division of General Assembly Affairs and Conference Management and, while we… while we look for a replacement through the usual procedures, there will be an acting head of the office.  Regarding how selections are made, of course, it's the standard process by which we hire personnel.

Inner City Press:  Is Kelvin Ong either a candidate to replace him or who's in charge now of SCAD?

Deputy Spokesman:  I would never, never…

Inner City Press:  Who's in charge of SCAD?

Deputy Spokesman:  For all personnel appointments, we don't go into lists of candidates.  I would check who's the acting head right now.  I don't believe that Mr. Abelian has started his next job already, so it may be him right now.  But there will be an acting head. 

  Handpicked to go and memorialize the trip was Reuters, which barely reported what happened. There is a history, of Reuters UN bureau hereand here; on February 3, Reuters correspondent Michelle Nichols went so far as to cut off Inner City Press' questions to the UN, Vine here.

  On February 3 Reuters' UN bureau chief Lou Charbonneau, a censor,  channeled a UN (DRC) report -- note not only the former Reuters official turned Eritrea sanctions “experts” exposed by Inner City Presshere, but also that this same now discredited Reuters / UN individual was previously ON the DR Congo panel. Typically, Reuters did not actually put the report online.

  Inner City Press in the spirit of transparency is publishing the (update) report, dated January 15, 2016, signed by Coordinator Gaston Gramajo, and its two paragraphs about 18 Burundian combatants, here. 



Readers can draw their own conclusions, including about the mandate and motivation, and if these 18 is really the way it would go.

 At the African Union Summit in Addis Ababa, Ban Ki-moon barely if at all pushed for peacekeepers for Burundi; his or France's head of UN Peacekeeping Herve Ladsous had largely undercut the idea with a memo than Inner City Press published in full.

(Inner City Press has reported the UN Peacebuilding Configuration will visit February 15-19, click here for that.)

On January 29, the UN Spokesman threw Inner City Press out of the UN Press Briefing Room then on February 1 made this threat, here. This wasechoed on February 2. 

 On January 28, Inner City Press asked UN spokesman Stephane Dujarric about a meeting held but not televised on January 27, at which it was urged that mass grave sites in Burundi be preserved as evidence,video here, transcript here.


Inner City Press asked Ban's spokespeople about the trip on January 20, 21 and 22 - including asking why the UN was not providing a video or at least audio stream of the January 22 press encounters, says it has a  "UN Information Center" in Bujumbura, which produced a smiling photo of the French deputy ambassador Alexis Lamek on the tarmac. The UN said it couldn't.

  Local media in Burundi put online a video in which Lamek spoke at length; afterward a pro-government Burundian media quoted Lamek that "we" take seriously the question of interference by Rwanda to destabilize Burundi and will be working on it.

  But the four scribes handpicked to accompany the Security Council trip, inlcuding Agence France Presse, it seems, for some reasons didn't cover it. Why? We'll have more on this. Instead, AFP, Reuters andVoice of America (which saw "Liberians" then cited auto-correct) filed near-identical stories with no quotes from opposition figures or attacked journalists. None of the three even tweeted on January 23, other than Reuters as a robot: talk about Old Media.

  How could "Agence France Presse," handpicked to publicize the UNSC trip co-led by France, not even cover the controversy? What about Reuters?

  We note that the French Mission to the UN said that Lamek was being misrepresented (the same French Mission has tried to shield Lamek from critical Press questions, which here on Vine Lamek has refused to answer even when entirely audible). Later an AFP quote emerged of Lamek saying that any AU force, even the 100 human rights observers, should significantly focus on the Rwandan border.

  On the evening of January 23 the UN has put up select clips including a mere 16 seconds of French deputy ambassador Lamek, much less than the local Burundian media present at the same press encountered had.  If the UN filmed the press encounters, why did it so selectively edit them?

  More specifically, now, who decided on the edits?

Inner City Press, which is the media which on January 22 asked for the live-stream, has asked the UN, publicly on Twitter, here, and in more detail by e-mail to three top UN spokespeople:

"having just seen that your Office put online edited video from Burundi, must ask: why did UN edit the footage it has, with no Burundi government speaker, and only 16 seconds of France, penholder in the UNSC on Burundi? Please provide the full footage, in response to this request and, separately, online. Would also still like answers to questions below" on Burundi.

 And still no answers at all.  Watch this site.

 

   On January 22, Inner City Press asked UN Deputy Spokesperson Farhan Haq for the UN's response to Pierre Nkurunziza denying the existence of his party's youth militia, and why there was no video or even audio stream of the Security Council's - and Nkurunziza's -- press statements. Video here.

  Haq replied that "the facilities are difficult," that the UN Spokesperson's Office had reached out to the traveling party for information but hadn't gotten any. The Free UN Coalition for Accesscalls this a failure.

 On January 21 Inner City Press in New York learned both of Pierre Nkurunziza plans to parade "community work" for the Security Council members on January 22 and has been provided with a letter promoting same, here.

  On January 22, even after the Council's meeting with Nkurunziza was over, when Inner City Press asked the UN for a read-out there was none, nor any good explanation of why the UN with its country team could not arrange at least an audio stream of the Council's (and Nkurunziza's) press statements.

  Inner City Press asked the head of the Campaign Against the Third Term (“Halte au troisième mandat”) Vital Nshimirimana about the UNSC visit, and why the AU human rights observers are not yet in place. His answers to Inner City Press:

"As for the deployment of the AU Human rights observers, I would recall that the same was decided back in June following the June 13, 2015 Johannesburg Summit on Burundi. Initially, the number was to be about 70 observers but the government refused and allowed a narrow team.

"My thought over the issue is that Nkurunziza has chosen to humiliate everybody in as much as he does not care about any principle or value. So, the AU and other bodies as well choose to deal with him very carefully for he is a man (and a regime) "irrational," likely to commit whatever crime, insult whomever.....

"With regard to the UNSC visit, I hope this is the very last warning towards a kind of regime likely to commit genocide. They are expected to dually and objectively assess the situation and especially the strength and presence of Imbonerakure, the CNDD-FDD militia.... And this was shown through a huge anti- peacekeeping mission mission to Burundi, MAPROBU rhetoric.
Burundians expect the UNSC support the deployment of such a mission in line with the responsibility to protect (Pillar III) since Burundi is no longer able and is unwilling to protect citizens from crimes against humanity (ongoing from April 2015) and genocide (of which dozens of signs suggest that it is likely to happen and some acts are already undertaken).

Lastly, the UNSC is expected to talk with Nkurunziza and the AU as well regarding peace talks. They should assess Museveni's performance, after what conclude that he should be assigned AU and UN teams (to enhance his capacity) or change him.... I commend your endeavors to keep the world informed about the Burundi crisis."

 We'll have more on this -- including in light the UN Deputy Spokesperson's response to Inner City Press that transcripts may be provided.

  Here are parts of an Inner City Press interview with a journalist attacked by the Nkurunziza government and for that reason anonymous:

In English: "It would be better if the Security Council met for example UPRONA leader Nditije Charles, with the non-governmental branch of the UPRONA party) or his Spokesman Thacien Sibomana. The Council should try to meet civil society but  there is almost no one left to really speak with now in Bujumbura. All those still in Bujumbura, they can't say anything about the abuses of authorithies. If it was possible, they should ask to meet the young men in prison. They should see themselves how the government abuses those young men, with tortures... Tell them visit to the prisoners in Gitega (those who are accused to attempting a coup d'etat) UN has the right to visit prisoners."

  Inner City Press note: another source says "the government moved several detainees from the SNR jails. I highly doubt they'd allow a visit to detainees."

 Tellingly, IWACU reports that bike taxi and motorcycle taxi drivers offered money to protest in favor of Nkurunziza weren't, after the fact, paid: here.
    At the January 21 UN noon briefing, Inner City Press asked UN deputy spokesperson Farhan Haq about the "community works" and meeting(s). Video here, UN transcript here:

Inner City Press:  I wanted to ask you this just because I'm trying to cover it, and I know that you'd said yesterday that the Special Adviser, Jamal Benomar, is in Burundi in part of the trip.  So what I wanted to ask you is, I've seen documents that show that the… the… the… tomorrow, the meeting with the President, [Pierre] Nkurunziza, will involve a demonstration of “community work”, i.e., people have been asked to go and I don't know if it's to show how happy they are — Gitega and Karuzi.  Does the Special Adviser… not the Security Council, does the Special Adviser of the Secretary-General believe that this type of… of… of show is the right one and will they be meeting with UPRONA and other opposition groups or prisoners currently in jail?

Deputy Spokesman Haq:  Well, we'll be able to provide details of the meetings once they've taken place.  As you know, the expectation is for the members of the Council to meet with President Nkurunziza.  That hasn't happened so far, but once that's happened, we'll see what the circumstances are and what the views of Mr. Benomar are.



 This is reminiscent of the type of dog-and-pony show Sri Lanka's then President Mahinda Rajapaksa put on for visiting UN Secretary General Ban Ki-moon and that Inner City Press accompanied and covered(apparently not to the UN's and its allies' liking - it has been Banned from trips since.) But will the UNSC, unlike Ban, have the fortitude or leverage to reject a dog and pony show? Watch this site.

On January 19 at the UN, Inner City Press asked Uruguay's Vice Minister for Foreign Affairs Jose Luis Cancela, chairing the Security Council debate on Protection of Civilians, about Burundi and the Council's trip. Video here.

  On January 21, Inner City Press and the Free UN Coalition for Accessasked UK Permanent Representative Matthew Rycroft about his stop-over on Addis Ababa, "will you as UK meet with AU before heading to Burundi? About AU's proposed deployment?"

   Rycroft replied, "Yes! Looking forward to meeting @AU_Chergui today. Will also return to Addis with whole UNSC after Burundi."

  In Addis, Chergui had filed the Concept of Operation for the MAPROBU peacekeeping mission. We'll have more on this.

  Burundian civil society has written to Ban seeking the repatriation of the country's peacekeepers. Inner City Press has put the letter from Vital Nshimirimana to Ban online here, and will be asking the UN about it. Watch this site.

  On December 30 Nkurunziza threatened to have his forces attack peacekeepers proposed for the country.


Obtained by Inner City Press

Ladsous' lack of vetting was criticized in the recently released report into the cover up of peacekeepers' rapes in the Central African Republic. Earlier, Inner City Press exclusive reported on Ladsous in his October 1, 2015 meeting with Burundi's vice president saying that he is "pragmatic" on human rights.

 On December 16 Inner City Press was banned from questions to Secretary General Ban Ki-moon, but learned from the mission MINUSCA that Baratuza was already in Entebbe. Inner City Press asked several Security Council members, then Ban's spokesman Stephane Dujarric on December17.

Dujarric told Inner City Press Baratuza's deployment is suspended and he is being repatriated: "based on the information we've received regarding the Lieutenant Colonel, his deployment has been suspended, and he will be repatriated back to Burundi." Video here. Dujarric told Inner City Press this shows the UN system working - on a day when a report on rapes was issued showing UN Peacekeeping under Herve Ladsous not sufficiently vetting for human rights. We'll have more on this.



 Amid the escalating killings in Burundi, last weekend's summary executions in neighborhoods opposed to Pierre Nkurunziza's third term stand out. But Burundi Army spokesman Gaspard Baratuza was quoted on December 12 blaming all of the deaths on attempts to steal weapons to free prisoners.

   Inner City Press had heard that Mr. Baratuza was already in the process of being deployed to the UN Peacekeeping mission in the Central African Republic (MINUSCA) even when he was giving these quotes, issuing statements and speaking to state-owned radio, and so asked MINUSCA's acting spokesperson, “Is Gaspard Baratuza of Burundi's army getting a MINUSCA job?”

  On December 16, hours before UN Secretary General Ban Ki-moon held a rare press conference, MINUSCA's acting spokesperson sent this to Inner City Press:

"To: Matthew.Lee [at] InnerCityPress.com
From: Vladimir MONTEIRO [at] UN.org
Date: Wed, Dec 16, 2015
Subject: ICP question: Gaspard Baratuza of Burundi's army getting a MINUSCA-related post?
Cc: FUNCA [at] funca.info

"No decision related to Lt Col Baratuza's deployment can be taken before we finish looking into the matter. We can confirm that Lt Col Baratuza is in Entebbe but he has not yet deployed to MINUSCA.  Regards. VNM"

There are some questions about Baratuza, a Colonel in Burundi's Army, being listed by the UN as “Lt. Col.”

  Despite multiple follow-up questions by Inner City Press, Mr. Monteiro - previously a spokesperson for the UN electoral mission in Burundi - replied that “This is what we can say about this issue.”

   But the UN should have to say more. Inner City Press has repeatedly asked the UN how its Department of Peacekeeping Operations under Herve Ladsous vets those who deploy to UN missions; Inner City Pressexclusively reported on an October 1, 2015 meeting in which Ladsous told Burundi's Vice President Joseph Butare that he is “pragmatic” on human rights.



 Ban Ki-moon and his spokesman declined to take Inner City Press' questions on December 16, as they did on December 14. Vine here.  Watch this site.

Saturday, January 9, 2016

Online Censorship Opposed by Inner City Press, Under EU "Privacy" & Digital Millennium Copyright Act in US, Examples Here



By Matthew Russell Lee

UNITED NATIONS, January 9 -- What is censorship? Late on January 8, 2016, Inner City Press received a notice from Google that a page on its website, an article concerned Kosovo, would henceforth be blocked from Search from Europe. The notice is published below, along with Inner City Press' response.

  While still seeing this as censorship, at least in this case Google provided notice of what it had done, and a form to petition for the page's reinstatement. By contrast, when Reuters' UN bureau chief Louis Charbonneau ex parteclaimed to Google that his email to the UN, seeking to get Inner City Press thrown out of the UN, was somehow copyrighted, Google did not provide any notice, but simply blocked access to the leaked document, from everywhere.

  Inner City Press only learned of this censorship by a fluke, and by the notice put up by the Chilling Effects project of the Electronic Frontier Foundation (EFF, hat-tip).

   That experience has led Inner City Press, alongside its reporting on the UN and IMF and on predatory lending by banks, under-regulation by the Federal Reserve and others, to dig into the ways in which the Trans Pacific Partnership could globalize the type of censorship the Reuters bureau chief got Google to do, using the US Digital Millennium Copyright Act, DMCA. This has become a project of the new Free UN Coalition for Access.



  In this January 2016 case, here is what Google sent to Inner City Press:

"Notice of European data protection removal from Google Search

To: Webmaster of http://www.innercitypress.com/,

Due to a request under data protection law in Europe, Google can no longer show one or more pages from your site in Google Search results. This only affects responses to some search queries for names or other personal identifiers that might appear on your pages. Only results on European versions of Google are affected. No action is required from you.

What we’d like you to know: These pages haven’t been blocked entirely from our search results

They’ve only been blocked on certain searches for names on European versions of Google Search. These pages will continue to appear for other searches.

We aren’t disclosing which queries have been affected.
In many cases, affected queries don’t relate to the name of any person mentioned prominently on the page.

For example, the name might only appear in a comment section.
You can notify us of concerns

If you have additional information regarding the content of a page that you believe warrants a reversal, you can notify Google. Please note that while we read all requests, we do not always respond. Only the registered siteowner can access this form.
Here are the affected URL(s):

http://www.innercitypress.com/kosovo010307.html

  And here is what Inner City Press, confined to 250 characters per box, has sent to Google:

This article concerns Kovoso. Most individuals it it are public figures. Perhaps 1 individual in it filed a spurious request to censor. But see, for example,http://uk.reuters.com/article/uk-serbia-kosovo-corruption-idUKL0314562220070103, online.

  Then

"Reporting on contested areas such as Kosovo is in the public interest and should not be censored, particularly not based on an anonymous complaint. This is a request for Google's response to  what we see as a form of censorship.

Inner City Press reports on the UN, and here, Kosovo. We note previously unexplained censorship and false invocation of copyright:http://www.chillingeffects.org/notice.cgi?sID=1117933We request reversal of both, and an explanation."


  Watch this site.

Saturday, February 28, 2015

Of Corrections: On Nemtsov As UN's Ban Ki-moon Shifts from "Saddened" to Condemns, Reuters Follows AFP on Mis-Reporting Martin Bouygues Dead


By Matthew Russell Lee
UNITED NATIONS, February 28 -- Everybody makes mistakes. On February 28 the UN's Office of the Spokesperson first said Secretary General Ban Ki-moon was “saddened” by the murder of Boris Nemtsov -- then 50 minutes later correcting it to “condemns.”  Agence France Presse misreporting that Martin Bouygues was dead.
    The former correction gives rise to the question whether the UN received a complaint about Ban not condemning the killing, leading to the issuance of the correction. It merits coverage.
  But Reuters, for example, simply retyped the “corrected” Ban Ki-moon statement, putting Ban in the same light as was done by Ban's in-house UN News Service.
   The backstory here is the Reuters at the UN has tried to get other, more critical media thrown out of the UN -- and has then gone so far as to censor from the Internet leaked copies of the Reuters “for the record” complaint. 
  Here was the complaint; here via the Electronic Frontier Foundation's Chilling Effects project is the notice that the leaked complaint by Reuters has been blocked from Google's Search as a copyrighted book, under the Digital Millennium Copyright Act (set to be globalized by the proposed Trans Pacific Partnership.)
   That initial Reuters campaign culminated in a letter, also leaked, by Voice of America to the UN asking for Inner City Press' accreditation to be “reviewed,” here. 
   A subsequent Inner City Press request under the Freedom of Information Act to VOA's Broadcasting Board of Governors yield documents showing that not only Reutersbut also Agence France Presse coordinated with the VOA request. 
  To come full circle, since Ban Ki-moon's statement are most often crafted within the UN Department of Political Afffairs, that DPA chief Jeffrey Feltman is currently in Sri Lanka may have played a role in the vacillation from “saddened” to “condemns.” We'll have more on this.
For now, a UN footnote: the new Free UN Coalition for Access notes that the Agence France Presse and Reuters pitch to expel was based on their wires having editors - did that stop the Bouygues mis-reporting, or the craven retyping and quid pro quo at the UN? FUNCA is against censorship, and for the rights of journalists.

 
  

Friday, January 23, 2015

Free UN Coalition for Access Asks UN of Dieudonne, After French Mission to the UN Hand-Picks Questions, Reuters Censors Echo


By Matthew Russell Lee
UNITED NATIONS, January 23 -- Amid attacks on journalists and freedom of expression in countries all over the world, the United Nations under Secretary General Ban Ki-moon is no sanctuary, nor champion, the Free UN Coalition for Access has found.  Sometimes, however, it is better than member states.
 On January 22 France and Germany controlled a press conference in the UN briefing room. French minister Harlem Desir called for social media companies like Twitter and Facebook to crack down on anti-Semitic posts. 
 Inner City Press, including for the new Free UN Coalition for Access, sought to asked the French minister about the detention of comedian Dieudonne, after the Hollande government's unequivocal support for Charlie Hebdo's cartoons. 
 But the question was not allowed: the French mission called on the old UN Correspondents Association, a representative who did not complain when Hollande took over the UN briefing room in September, and then on France 24. (Germany called on ARD and DPA.)
  Reuters wrote up the French proposal -- ironically by a scribe, Charbonneau, who himself has used false filings for censorship, calling his own leaked anti-Press email a copyrighted work, here, to get it removed and censored from Google's Search.
 On January 23, Inner City Press for FUNCA asked UN spokesman Stephane Dujarric about the detention of Dieudonne, video here:
Inner City Press / Free UN Coalition for Access: I've been meaning to ask this for a few days. In France, after the understandable, and I guess, laudable rallying around the cartoons and the right to draw what you want, the comedian Dieudonné was arrested for something he posted on Facebook. And I wanted to know, what does the Secretary-General think of the arrest of a comedian right after the Government championed another form of satire?
Spokesman Dujarric: I understand. I'm not going to get into the details of that particular case, but I think if you… if I could reread what I just said, I think it's important that any laws that are there to criminalize or regulate hate speech be applied equally so that the laws themselves don't generate further discord.
  It's a better answer than France - which did not even allow the questions. As to the UN,  beyond stealth attempts to get the Pressthrown out of the UN, there is often little but platitudes about attacks elsewhere.  FUNCA is Pressing the issue.
  On January 20, Inner City Press on behalf of the Free UN Coalition for Access asked Secretary General Ban Ki-moon's spokesman Stephane Dujarric about Bahrain sentencing Nabeel Rajab to six months in jail for a single tweet. Video here.
  Spokesman Dujarric said he expected a statement on that later in the day -- three hours later there was none -- then cited the right of expression, generally. 

 The day before on January 19, Inner City Press on behalf of FUNCA asked Dujarric's deputy Farhan Haq about Turkey having ordered Twitter, Google and Facebook to remove content by BirGun about alleged Erdogan government support to Al Qaeda affiliates in Syria, and threatening to ban Twitter entirely for not taking down the BirGun feed.

   Haq replied vaguely about the right to circulate information but said he would not speculate about the future of Twitter in Turkey.  Video here. 

  It is not speculation: earlier this year Turkey banned both Twitter and YouTube. The Erdogan government has made the same (mis) use of copyright claims to censor leaked material as Reuters at the UN, here.


 
  

Monday, December 22, 2014

After Killings of Police in NYC, UN's Ban Ki-moonWon't Get into "Complex Politics," Scribe's Irony


By Matthew Russell Lee
UNITED NATIONS, December 22 -- After NYPD officers Wenjian Liu and Rafael Ramos were killed in Brooklyn on December 20, organizations active in protesting the non-indictments in the cases of Michael Brown and Eric Garner expressed both sorry and caution. US President Barack Obama called NYPD Commissioner William Bratton on December 21.
 At the UN on December 22, Inner City Press asked UN Secretary General Ban Ki-moon's spokesman Stephane Dujarric if Ban, who belatedly commented on the cases of both Michael Brown and Eric Garner, had any comment.
  Dujarric said Ban would "not get into the complex politics of New York City," only to express condolences to the families, colleagues and the people of the City of New York.
  Meanwhile Dujarric was asked, not without irony, about a person "brought in by a member of the UN press" on December 19 told to remove a Black Lives Matter patch from her coat.
Dujarric said it was almost the first time he'd heard of it and said he would look into it. Inner City Press days ago asked Dujarric about the UN secretariat for the Climate Change Summit in Lima, Peru telling non-governmental organization what their signs could and could not say. Inner City Press on December 22 asked Dujarric again about this, and about the UN's supposed self-investigation for shooting at unarmed protesters in Haiti - he had information on neither. Ironies.
  Color of Change, for example, said its community was "saddened to learn about the killing of two NYPD officers in Brooklyn and the attempted killing of the shooter’s ex-girlfriend... We condemn any and all forms of violence, including violence perpetrated by and against police officers." It added, "“We urge the media to push back against claims not rooted in facts."
  Ferguson Action spelled this out: "It is irresponsible to draw connections between this movement and the actions of a troubled man who took the lives of these officers and attempted to take the life of his ex-partner, before ultimately taking his own. Today's events are a tragedy in their own right. To conflate them with the brave activism of millions of people across the country is nothing short of cheap political punditry."
The NAACP Legal Defense Fund and the Lawyers’ Committee for Civil Rights under Law added, "While some may suggest a causal link between these killings and the recent protests and activism focused on the serious issue of police violence against unarmed African Americans, we caution against escalating an already tense national state through rumor and conjecture. Whatever motivation lay in the apparently troubled mind of the now deceased shooter of these officers, there is no connection between the peaceful protests of thousands of people of all races all over the country and, indeed, around the world, and this hideous act of violence."
  Likewise, #BlackLivesMatter said, "our hearts grieve with New York, a community already reeling from the losses of Eric Garner, Ramarley Graham, Kimani Gray, Akai Gurley, Islan Nettles and many more. An eye for an eye is not our vision of justice."
  Inner City Press, which repeatedly asked United Nations officials about the Michael Brown and Eric Garner cases (and Trayvon Martin and others before), was struck not only by the silence so far of the UN system itself, but also by the silence of countries' representatives to the UN, who routinely tweet photos of the NYC skyline, farmer's markets and museum. This is a major event in New York, the kind requiring diplomacy or at least articulate analysis. Where are the diplomats? Afraid of making gaffes, some say. Would they be faster to speak in other diplomatic postings?
  And what of the UN's chief himself, Ban Ki-moon? He spoke, at least through his spokesman, on the Michael Brown and Eric Garner cases. On December 22 it is announced that Ban will take questions. But will this be addressed? Can it be? As Inner City Press and the Free UN Coalition for Access asked and reported on last week, it appears Ban requests and gets his questions in advance, click here for that.
   We'll stay on this.
  On December 13 a march for justice for Eric Garner, and Mike Brown, and Trayvon Martin, and others, set out north from Washington Square Park. Inner City Press Vine here, photos here, here and here.

  At UN on December 10, Inner City Press asked two members of the UN's Working Group on People of African Descent about the cases or non-indictments, and if they make it more likely the Working Group will return to the US to conduct a mission. Video here, and embedded below.
  Working Group member Verene Shepherd said that the Working Group has the right to return for up to five years, to follow up. Video here (after this video, she also mentioned Trayvon Martin).
 The chair of the working group Mireille Fanon-Mendes-France spoke of systematic marginalization of people of color, by banks and social services. Inner City Press asked her about the Working Group's report on Sweden, which found "segregated neighborhoods and reports that health clinics, banks and other essential services are being pulled out of some ethnic neighborhoods.” She said this is a worldwide phenomenon. 

  Back on December 4, Inner City Press asked the UN Spokesman for comment:
Inner City Press: first I wanted to ask you about what's big news here in New York City, and I was wondering if the Secretary-General has any comment on the refusal to indict the police officer who killed Eric Garner on video, not resisting and unarmed and the protests that are taking place.

Spokesman Dujarric:  Sure.  We're obviously aware of what's going on here in our own backyard.  I think the Secretary-General's thoughts are obviously with the family of Mr. Garner following that decision and the people of New York.  I think the case is again focusing attention on the issue of accountability of law enforcement officials, and the Secretary-General urges all competent authorities in the United States to do everything possible to respond to the demands for greater accountability.  And he also welcomes the announcement, I think by the US Justice Department, of an opening of a civil rights investigation in the case.  And I think I would just add that we've seen a lot of demonstrations here in New York.  He would urge the demonstrators to demonstrate peacefully and for the authorities to respect the right of those demonstrators to do so peacefully.

Inner City Press: recently, the UN-Women offered some kind of a partnership with the City, it seems to be like technical assistance, maybe going both ways but certainly UN helping.  Is there anything that the UN system has, given what now seems as kind of a trend of killing of unarmed African-Americans and failure to bring accountability?  Is there anything that the UN system is offering to the United States?

Spokesman:  Not in terms of technical assistance that I'm aware of.  Obviously, there would have to be a request from the US authorities.  The UN system writ large, as you saw, there was a report on the UN Committee on Torture, if I'm not mistaken, that was released some time ago.  So, that's where it stands. 
 Back on the evening of December 3 in midtown Manhattan, the chant was "Justice for Eric Garner" and "I can't breathe," which he'd said as he was choked. Marchers headed from Times Square east to Sixth Avenue but were blocked from heading north to Rockefeller Plaza and the tree lighting ceremony. Short Inner City Press YouTube video here.
  And so to Fifth Avenue -- again process north was blocked, this time with orange kettling netting -- and down to 42nd Street. Police closed the doors to Grand Central, no more dying-in. The march passed Cipriani in the old bank space, venue of the UN Censorship Alliance Ball. And they passed Pfizer, with the UN on the horizon, see below.
 Earlier on December 3, New York Congresspeople spoke out, with Bronx Rep. Jose Serrano say that Garner's death "was not an accident, it was homicide," for all to see.
    Brooklyn Representative Nydia Velazquez linked the Garner non-indictment to 12-year old Tamir Rice being killed in Cleveland. Representative Hakeem Jeffries recalled peaceful protests after the killing, in The Bronx, of Amadou Diallo. 
  Later Mayor Bill De Blasio spoke but unlike the Congresspeople took no questions, as his Commissioner for International Affairs Penny Abeywardena recently came to the UN without openly taking questions, either, here. 
 The UN in Geneva for days refused to release to US-based media without paid correspondents in Switzerland the UN Committee on Torture's concluding remarks on the US. 
  When they went online on November 28, on police brutality they discussed Chicago but not Ferguson, Missouri, from which the family and supporters of Michael Brown, killed by police officer Darren Wilson, even traveled to Geneva. The report as belatedly put online says:
Excessive use of force and police brutality
26. The Committee is concerned about numerous reports of police brutality and
excessive use of force by law enforcement officials, in particular against persons belonging to certain racial and ethnic groups, immigrants and LGBTI individuals, racial profiling by police and immigration offices and growing militarization of policing activities. The Committee is particularly concerned at the reported current police violence in Chicago, especially against African-American and Latino young people who are allegedly being consistently profiled, harassed and subjected to excessive force by Chicago Police Department (CPD) officers. It also expresses its deep concern at the frequent and recurrent
police shootings or fatal pursuits of unarmed black individuals. In this regard, the
Committee notes the alleged difficulties to hold police officers and their employers
accountable for abuses. While noting the information provided by the delegation that over
the past five years 20 investigations were opened into allegations of systematic police
department violations, and over 330 police officers were criminally prosecuted, the
Committee regrets the lack of statistical data available on allegations of police brutality and
the lack of information on the result of the investigations undertaken in respect of those
allegations. With regard to the acts of torture committed by CPD Commander Jon Burge
and others under his command between 1972 and 1991, the Committee notes the
information provided by the State party that a federal rights investigation did not develop
sufficient evidence to prove beyond a reasonable doubt that prosecutable constitutional
violations occurred, However, it remains concerned that, despite the fact that Jon Burge
was convicted for perjury and obstruction of justice, no Chicago police officer has been
convicted for these acts of torture for reasons including the statute of limitations expiring.
While noting that several victims were ultimately exonerated of the underlying crimes, the
vast majority of those tortured –most of them African Americans–, have received no
compensation for the extensive injuries suffered (arts. 11, 12, 13, 14 and 16).
The State party should:
(a) Ensure that all instances of police brutality and excessive use of force by
law enforcement officers are investigated promptly, effectively and impartially by an
independent mechanism with no institutional or hierarchical connection between the
investigators and the alleged perpetrators;
(b) Prosecute persons suspected of torture or ill-treatment and, if found
guilty, ensure that they are punished in accordance with the gravity of their acts;
(c) Provide effective remedies and rehabilitation to the victims;
(d) Provide redress for CPD torture survivors by supporting the passage of
the Ordinance entitled Reparations for the Chicago Police Torture Survivors.
 The words Ferguson, Missouri and Brown appear nowhere in the report. In a Geneva press conference which was not on UN webcast or even the Treaty Bodies website, one UNCAT member was quoted by CNN. So it goes with the UN. We'll have more on this.
   The day after St. Louis Country prosecutor Bob McCulloch blandly read out a justification of the non-indictment of Police Officer Darren Wilson for killing Mike Brown in Ferguson, Missouri, on November 25 in New York a protest march came by the United Nations, taking over First Avenue with non-violent chants of "Hands up, don't shoot!"
  The UN locked its gates, and New York City sent Corrections Department busses to park in front of the UN compound. Inner City Press joined the march, headed to Times Square, video here and see below.
  On November 28 at the UN in Geneva reports including one on Torture and police brutality in the United States will be released. On November 24 the UN said it was restricting embargoed copies of this report to its "UNOG-based press corps" - that is, media that can afford to have a correspondent in Switzerland. 
  How many of the media that have consistently covered the murder of Mike Brown can afford that?
  Inner City Press on behalf of the Free UN Coalition for Access immediately challenged this restricted distribution. First Secretary General Ban Ki-moon's spokesman in New York, and now the UN in Geneva have refused to lift the restriction, without substantive explanation. On November 27, Inner City Press and FUNCA asked:
"Now on the eve of the press conference, reiterating the request below, that embargoed copies not be needlessly restricted only to "UNOG-based" press -
there is as much or more interest by US-based media in the report on US torture and police brutality as by media based in Geneva.  But US-based media that have reporters based in UNOG are larger, more corporate media. So that particular embargoed report should be released to all UN system accredited media, not only those with reporters based at UNOG. The Free UN Coalition for Access says that should go the other way, too -- embargoed UN reports should not be restricted to NY / UNHQ based media either."

On November 27, the UN in Geneva via Liz Throssell Media Officer for the UN Treaty Bodies, replied:
"Dear Matthew, The six-hour time difference is very much in your favour, and unlike the journalists here you will have an entire working day to report on the Committee against Torture's "Concluding Observations" on the eight countries they have been reviewing this session. These will be posted online at around 8:00 a.m. New York Time -- you will be able to find whichever ones that interest you by scrolling down through the countries listed here."
 But this is not responsive. As Inner City Press and FUNCA have replied, "the request is that you not arbitrarily limit embargoed copies only to “UNOG-based journalists.” They will be able to publish stories at the embargo time, while despite your message, others will not."
  Why limited pre-distribution of this report to the media which can afford to have a Switzerland-based correspondent? What is wrong with the UN? Click here for Inner City Press and FUNCA's coverage of the opaque race to head the UN Department of Public Information, here. The UN must do better. 
  Back on November 25 in Times Square, amid the neon glitz, there were chants of "we do this for Mike Brown" and light-up signs for Justice. Seventh Avenue was shut down, peacefully. "All Lives Matter" -- video here. But where is it headed?

   Back on November 24, Inner City Press asked UN Spokesman Stephane Dujarric if the UN or Secretary General Ban Ki-moon have any comment (not this evening) and about limitations on the distribution of the UN's report on US torture and police brutality.
  Mike Brown's parents went to Geneva to testify at the UN review of the US' record on torture and police brutality. The results of the review are due on November 28, but will only be given in advance to media accredited at the UN in Geneva, UNOG. As noted, the Free UN Coalition for Access opposes that limitation on non-corporate media, and requested comment on the non-indictment from UN Secretary General Ban Ki-moon's spokesman Stephane Dujarric.
  Inner City Press asked:
"This is a request for comment on the non-indictment for the killing of Michael Brown in Ferguson, Missouri. Separately but relatedly, this is request on behalf of the Free UN Coalition for Access that the planned restriction of the embargoed release of the UN's review of the US' record on torture and police brutality to media at UN Geneva. Media accredited here at the UN Headquarters should have the same rights, unless the UN is choosing to favor corporate / multinational media. The request for comment should be responded to asap; the request for equal treatment on embargoed copy should be addressed before November 27, given the November 28 public release."
  Dujarric to his credit replied quickly; he declined comment for the evening, and argued:
"Dear Matthew,  On your first question, I will not have a comment this evening.  On your second, this is the purview of my colleagues in Geneva. To your point about corporate media, I think you misjudge the press corps in Geneva which is as diverse as the press corps in NY. In fact, there are probably more freelancers in Geneva than in New York."
  Inner City Press, for FUNCA, has clarified:
"The point is, there is as much or more interest by US-based media in the report on US torture and police brutality as by media based in Geneva. But US-based media that have reporters based in UNOG are larger, more corporate media. So that particular embargoed report should be released to all UN system accredited media, not only those with reporters based at UNOG. (FUNCA says that should go the other way, too -- embargoed UN reports should not be restricted to NY / UNHQ based media either.) Will appreciate a decision on this asap, given the November 28 release and, for example, tonight's Mike Brown killing non-indictment, on which comment is still sought."
  Dujarric did not responded to that, but on November 25 he said " for the Secretary-General, his thoughts right now are with Michael Brown's family and with the Ferguson community.  I think he appeals to all of those in Ferguson and throughout the United States who felt disappointment at the grand jury's decision to make their voices heard peacefully and to refrain from any violence.  He also calls on the US authorities, on law enforcement authorities, whether at the federal, state or at the local level, to protect the rights of people to demonstrate peacefully and to express their opinions peacefully.  And he echoes the appeals made by Michael Brown's parents to turn this difficult time into a positive moment for change."
   FUNCA has spoken up to Turkish media, for example, on an attack on Turkish media in Ferguson. Back on August 13,  Inner City Press asked Secretary General Ban Ki-moon's spokesman Stephane Dujarric about the killing and crackdown. Video here.
  Dujarric began by saying that Ban and the UN have "no particular comment," then added that "as in all cases, the right to demonstrate peacefully needs to be respected, and investigations need to be conducted." Okay, then.

  There have been reports mentioned the financial institutions in the area, including nationwide lenders Bank of America, US Bank and Fifth Third.
  Inner City Press and Fair Finance Watch reviewed the demographics of mortgage lending by these three in the area in the most recent year for which data is publicly available, 2012.
   In the St. Louis Metropolitan Statistical Area in 2012, Bank of America denied the conventional home purchase mortgage applications of African Americans 1.81 times more frequently then those of whites.

  Fair Finance Watch has previously objected to US Bank's stealth branch closings, including in Chicago, here and here. The US Community Reinvestment Act requires banks to lend fairly in all of their communities, but is not sufficiently enforced, FFW has shown.
For US Bank, the disparities was 1.6 to 1; for Fifth Third Mortgage, that company's lender, it was a whopping 4.95 to 1: African American applicants were denied 4.95 times more frequently than whites, worse that the aggregate (all lenders). 
  Troublingly, for all lenders Latinos were denied 3.1 times more frequently than than whites. So where is the US headed? And why has the UN had nothing to say so far? Watch this site.