Ranking Digital Rights and new TED talk

This blog has not been updated since April 2105, mainly due to the fact that I’ve been so busy with my main job running Ranking Digital Rights (RDR). (I also got married!!)

I’ve decided to revive this blog as a platform on which to share work I continue to do that goes beyond RDR’s scope and which might not be appropriate to share on the project website.

In brief, the main things I’ve done since I last wrote on this blog was to launch the Ranking Digital Rights Corporate Accountability Index in November 2015.  After some funding uncertainty in early 2016 we managed to secure the support to launch a new research cycle for the next Index scheduled for release in March 2017, and to continue the project for at least a couple more years.  If you’d like to learn much more about the Index and its result check out the video and summary of the Index launch. You can also download the full report and related materials here. To get a sense of the impact we’ve been having on companies in collaboration with advocacy partners, read this. Watch the project website for more updates on our research and related activities.

The other major thing I’ve done since this blog went dormant was to give another TED talk at the TEDSummit in Banff, Canada this past June. It’s about why the protection of human rights, freedom of speech and freedom of the press is essential if we are going to succeed in fighting terrorism.Earlier in 2016 I wrote a piece for CNN.com and spoke at South By Southwest Interactive on the same theme. A CSMonitor piece about it is here and a video is here.

 

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How not to kill the Internet when fighting terror

Yesterday I testified at a hearing titled The Evolution of Terrorist Propaganda: The Paris Attack and Social Media convened by the House Foreign Affairs Committee’s Subcommittee on Terrorism, Nonproliferation, and Trade. I am not a counter-terrorism expert but I do have a few things to say about how not to destroy Internet users’ right to freedom of expression and privacy. Below is my five-minute oral testimony as delivered, with links added. A pdf of my more detailed written testimony, along testimony of all other speakers can be found here. Video is here.

How do we fight terrorism and violent extremism in the Internet age while not undermining the core principles and freedoms of democratic and open societies?

Terrorists are not the only people who are using social media powerfully and effectively. Yesterday I returned from the Philippines where I participated in a conference of bloggers, activists, and citizen journalists from all over the world. People who believe in freedom of expression, the open Internet, and multicultural tolerance. Many people connected to this community face serious threats of censorship and imprisonment when they write about subjects or advocate policy positions that their governments find threatening. In countries like Ethiopia, Russia, Turkey, Egypt, Morocco, China and elsewhere some have even been charged under broad anti-terror laws that are habitually used as tools to keep incumbent regimes in power.

In response to the tragic massacre in Paris, the French government has called for UN member states to work together on an international legal framework that would place greater responsibility on social networks and other Internet platforms for terrorist use of their services. In addressing the problem of terrorist use of social networking platforms, the United States should adhere to the following principles:

First, multi-stakeholder policymaking. The US opposes UN control over Internet governance because many UN member states advocate policies that would make the Internet much less free and open. Instead the US supports a multi-stakeholder approach that includes industry, civil society, and the technical community alongside governments in setting policies and technical standards that ensure that the Internet functions globally. In constructing global responses to terrorist use of the Internet we need a multi-stakeholder approach for the same reasons.

Second, any national level laws, regulations, or policies aimed at regulating or policing online activities should undergo a human rights risk assessment process to identify potential negative repercussions for freedom of expression, assembly and privacy. Governments need to be transparent with the public about the nature and volume of requests being made to companies. Companies need to be able to uphold core principles of freedom of expression and privacy, grounded in international human rights standards. Several major US-based Internet companies have made commitments to uphold these rights as members of the multi-stakeholder Global Network Initiative. Guidelines for implementing these commitments include: narrowly interpreting government demands to restrict content or grant access to user data or communications; challenging government requests that lack a clear user basis; transparency with users about the types of government requests received and the extent to which the company complies; restricting compliance to the online domains over which the requesting government actually has jurisdiction.

Third, liability for Internet intermediaries including social networks for users’ behavior must be kept limited. Research conducted around the world by human rights experts and legal scholars shows clear evidence that when companies are held liable for users’ speech and activity, violations of free expression and privacy can be expected to occur. Limited liability for Internet companies is an important prerequisite for keeping the Internet open and free.

Fourth, development and enforcement of companies’ Terms of Service and other forms of private policing must also undergo human rights risk assessments. Any new procedures developed by companies to eliminate terrorist activity from their platforms must be accompanied by engagement with key affected stakeholders and at-risk groups.

Fifth, in order to prevent abuse and maintain public support for the measures taken, governments as well as companies must provide effective, accessible channels for grievance and remedy for people whose rights to free expression, assembly, and privacy have been violated. Thank you for listening and I look forward to your questions.

The above recommendations were informed by my years of work on Internet free expression and privacy issues, the Global Network Initiative’s principles and implementation guidelines, standards for Internet and other ICT sector companies currently under development by the Ranking Digital Rights project, and a new report published by UNESCO titled Fostering Freedom Online: The Role of Internet Intermediaries.

In the Q&A session, in response to a question about why companies don’t do a better job of working with the government and others to take down terrorist speech, I tried to remind the committee that we have a bit of a trust deficit between Silicon Valley and the national security community these days. In the wake of Edward Snowden’s surveillance revelations, U.S. companies are already under fire for how NSA has used them for surveillance. The lack of trust, accountability and transparency about the relationship between Internet companies and the US government is a barrier to constructive dialogue. If I’d had more time to comment, I would have suggested that an overhaul of this country’s surveillance laws might be a good place to start in building trust between companies, government, and Internet users. Calling for back doors and opposing encryption doesn’t help either.

Here is the full video:

Playing favorites across a bordered Internet

Earlier this month Guernica magazine published the first article I’ve found time to write in over a year. (The Ranking Digital Rights project and related work has been keeping me incredibly busy.) It’s about Internet companies as gatekeepers across an Internet on which national borders are more powerful than many people (especially in the West) realize. It begins with a description of the video above:

Last November, volunteers with a group called Pakistan for All filmed a man wandering the streets of Karachi wearing a cloth-covered cardboard box over his torso. The box was painted on four sides with YouTube logos, a silver TV antenna affixed to the top. He held a hand-painted sign: “Hug me if you want me back.”

Using The Jackson Five’s “I Want You Back” as a soundtrack, filmmaker Ziad Zafar created a short and cheeky video featuring men, women, and children hugging the YouTube mascot in locations around Karachi. “God, please let them open YouTube,” one young man said to the camera. Another complained that his personal channel was now inaccessible: “I used to have so many videos.”

After explaining why YouTube is blocked in Pakistan I continue:

Public frustration over YouTube censorship in Pakistan is just one of many points of worldwide friction between old and new information sovereignties: sovereign nation-states versus globally networked commercial “sovereigns” of cyberspace. These commercial sovereigns like YouTube’s parent company, Google, are the new arbiters—sometimes censors, sometimes champions—of a large and growing percentage of citizen speech all over the world.

To find out how and what it all means click here to read the full article.

Collateral damage: news organizations, free speech, and the Internet

Last month I delivered the 2012 Hearst New Media Lecture at the Columbia Journalism School, I argued that in pursuit of commercial self-interest, many news organizations are supporting business practices, technologies, and legislation that will diminish the Internet’s openness and freedom. While this might be good for business in the short term, in the long run everybody will lose – especially journalists.

Check out a summary of my key points on the CJR.org. Read the full text here, or watch the video here.

London Book Talk

Here is the video of a recent talk I gave at the RSA in London.

Consent@Google

Last month I ventured into the heart of Googledom (as I call it in the book). Here is the video of my talk and the ensuing discussion:

AOL.com Video – You’ve got to fight for Internet freedom!

Please click the link below for a shot video on AOL.com on why we need to fight for our rights on the Internet.

AOL.com Video – You’ve Got Rebecca MacKinnon

Vodpod videos no longer available.

Video of New York Launch Event

Thanks to Joly MacFie for filming and uploading the video of last week’s New York launch event hosted by the New America Foundation and led by CNN’s Mark Whitaker. Thanks also to Cory Doctorow for posting it on Boingboing.

Click here for West Coast events over the next ten days, followed by more on the East Coast and Europe.

Is ACTA the new SOPA?

Yesterday I appeared on Al Jazeera’s “The Stream” to discuss that question.  Internet users and companies recently rallied to kill the Stop Online Piracy Act (see an excellent analysis of what happened by Ed Black here). Now the United States and several dozen key trading partners are signing a trade agreement, the Anti-Counterfeiting Trade Agreement (ACTA) which advances many of the same goals as SOPA. (It is important to note, however that not all of the information swirling around the Internet about ACTA is accurate – read here and here for help separating  fact from fiction).

I also had a chance to talk a little bit about the book at the beginning of the show. Here’s the whole thing:

Democracy Now with Amy Goodman

On Tuesday, the eve of the massive Internet protest against the anti-piracy bills in Congress which many believe are over-broad and will stifle free speech, I appeared on Amy Goodman’s Democracy Now. Here is the video: