FC: International update: Cuba, Spain, Australia, Bahrain, India, Japan

From: Declan McCullagh (declanat_private)
Date: Tue Apr 23 2002 - 08:25:30 PDT

  • Next message: Declan McCullagh: "FC: "Golden Dot Awards" to be handed out at net-politics conf 5/20"

    [Excerpts from the latest newsletter put out by the Global Internet Liberty 
    Campaign at gilc.org. --Declan]
    
    
    ===============================================
    [1] Vietnam arrests 3 over web articles
    ===============================================
    The Vietnamese government recently has detained three people for their
    online activities.
    
    Son Hong Pham allegedly wrote and translated various pro-democracy papers
    that were then posted on the Information Superhighway. Vietnamese
    authorities had initially questioned him on this subject and confiscated
    various personal items, including computer equipment and numerous documents.
    When the government denied his requests to reclaim his belongings, he posted
    an open letter on the Internet to protest their decision. Subsequently,
    Vietnamese officials threw him in prison; no trial date has been announced
    yet.
    
    Meanwhile, the government is keeping at least two other online dissidents
    behind bars. Tran Khue, a scholar and anti-corruption activist, had posted a
    letter on the Internet that called on Chinese leader Jiang Zemin to reassess
    portions of various Chinese-Vietnamese treaties. He was later placed under
    house arrest by Vietnamese authorities, and local police seized a number of
    his possessions, including his computer, cell phones and several papers.
    Meanwhile, Le Chi Quang, a computer instructor, was accused of passing along
    "dangerous information" across borders, and has been sent to a detention
    camp in northern Vietnam. This came not long after the online appearance of
    "Beware of the Northern Empire"-an essay he wrote that described the
    political environment in which the aforementioned treaties were signed.
    
    The arrests have drawn strong protests from free speech advocates. Robert
    Menard, the general secretary of Reporters Sans Frontieres (RSF), said that
    the arrest of Son Hong Pham, "the third in just over a month, is a callous
    confirmation of the Vietnamese authorities' intention to censure freedom of
    expression on the Internet." Similar concerns have been expressed by other
    groups, including the Committee to Protect Journalists (CPJ-a GILC member),
    which has issued a letter condemning the Vietnamese government for its
    "efforts to silence individuals who criticize official policies."
    
    An RSF statement regarding the three arrested dissidents is available at
    http://www.rsf.fr/article.php3?id_article=1288
    
    The CPJ letter is posted at
    http://iso.hrichina.org:8151/iso/news_item.adp?news_id=713
    
    
    
    ============================================
    [4] Cuba reportedly bans computer sales
    ============================================
    For years, Cuba has limited the ability of its citizens to express
    themselves online. Now Cuban authorities have apparently gone a step further
    by barring nearly all sales of computers.
    
    While details are still somewhat sketchy, several sources have indicated
    that the Cuban government has issued a new directive making it illegal to
    sell "computers, offset printer equipment, mimeographs, photocopiers, and
    any other mass printing medium, as well as their parts, pieces and
    accessories." The ban apparently covers sales to "natural born citizens" as
    well as "associations, foundations, civic and nonprofit societies." The
    directive reportedly goes on to mention that the Ministry of Internal
    Commerce may make exceptions in cases "where the acquisition of this
    equipment or parts, pieces and accessories is indispensable."
    
    Cuban government spokespeople have given few straight answers when asked
    about the new rule. For example, after a reporter queried whether computer
    sales to the public were banned in Cuba, one official responded: "If we
    didn't have an embargo, there could be computers for everybody." However,
    several observers have suggested that the measure is designed to silence
    criticism of Cuba's leaders, especially through the Internet. Marta Roque
    from the Cuban Institute of Independent Economists, explained out that the
    government "knew that dissidents were buying computers and constructing Web
    sites." Even before the ban, individuals in Cuba who wished to speak freely
    online had faced numerous obstacles, including access restrictions, blocking
    of anti-government websites, surveillance and possible jail sentences.
    
    For further information, visit the Digital Freedom Network (DFN-a GILC
    member) website under
    http://dfn.org/news/cuba/sales-banned.htm
    
    See Thembi Mutch, "Cuba's PC dilemma," BBC News Online, April 6, 2002 at
    http://news.bbc.co.uk/hi/english/sci/tech/newsid_1910000/1910465.stm
    
    Read Julia Scheeres, "Cuba Bans PC Sales to Public," Wired News, March 25,
    2002 at
    http://www.wired.com/news/print/0,1294,51270,00.html
    
    ============================================================
    [5] Spanish LSSI bill provokes Net speech worries
    ============================================================
    Many politicians and cyberlibertarians have denounced a Spanish proposal
    that they say will seriously erode human rights on the Internet.
    
    The LSSI bill (short for La Ley de Servicios de la Sociedad de la
    Informacion y de Comercio electronico) would essentially allow a "competent
    administrative authority" within the government to shut down websites
    unilaterally--a power that until now required court approval. The proposal's
    vague definitions would allow the Spanish officials to close sites for a
    wide variety of reasons, including economic factors (i.e. the site's owner
    uses the web for profit but don't pay any taxes) and public security
    reasons. Spanish government officials already have signaled that they plan
    to use these broad powers to control content along the Information
    Superhighway.
    
    The bill has drawn heavy fire from opponents based on its potentially
    damaging impact on civil liberties (particularly freedom of speech). These
    critics have pointed out that although the LSSI proposal includes language
    stating that the act will not be used against Constitutionally protected
    civil rights, it does not require any specific measures be taken to prevent
    possible abuse.
    
    The text of the LSSI bill (in PDF format) is available under
    http://www.mcyt.es/asp/becas_y_ayudas/pdf/anteproyecto_Issice.pdf
    
    See "La oposicion denuncia que la Ley de Internet es inconstitucional e
    intervencionista," El Pais, April 11, 2002 at
    http://www.elpais.es/articulo.html?d_date=20020411&xref=20020411elpepunet_1&
    type=Tes&anchor=elpepupor
    
    =============================================================
    [6] New report warns against Australian Net censor proposal
    =============================================================
    A new comparative law study has raised public concern over an Australian
    state proposal to restrict Internet content.
    
    The project, which was performed by Electronic Frontiers Australia (EFA-a
    GILC member), compared a Net censor bill currently being considered by the
    government of New South Wales (NSW) with Internet speech laws in other
    countries. The bill would make it a crime to provide online information
    deemed unsuitable for children, even if the information was only made
    available to adults. The legislation also contained procedural rules
    (including a shift in the burden of proof to defendants in Internet cases)
    that might lead to harsher treatment of online artists than their offline
    counterparts.
    
    After extensive research, EFA was "unable to find any indication that any
    country broadly comparable to Australia (in terms of democratic political
    systems and cultures) has, or intends to introduce, Internet censorship laws
    as restrictive as the provisions of the NSW Bill, nor as restrictive as
    existing Commonwealth legislation. While numerous countries have laws of
    general application applicable to Internet content such as child pornography
    or incitement to racial hatred, they do not prohibit or otherwise restrict
    provision of 'matter unsuitable for minors' on the Internet." Moreover, the
    report found a great deal of evidence that demonstrated "the ineffectiveness
    of national censorship laws to protect children (or adults) on the
    Internet."
    
    EFA had initiated the study in response to a request from NSW parliamentary
    leaders. According to EFA Executive Director Irene Graham, it is now likely
    that the proposal's language will be changed: "We're hoping they decide to
    just disappear this bill into the wide blue yonder... but I'd be very
    surprised if they don't at least recommend amendments to it."
    
    The EFA report is posted under
    http://www.efa.org.au/Issues/Censor/cens3.html
    
    See Kate Mackenzie, "Censor laws 'in their own world'," Australian IT, April
    3, 2002 at
    http://australianit.news.com.au/articles/0,7204,4063481^15306^^nbv^,00.html
    
    ====================================================
    [7] Controversial crippleware bill finally unveiled
    ====================================================
    After months of speculation, a United States politician has introduced a
    bill that critics say will jeopardize free speech online.
    
    The proposal, submitted by U.S. Senator Ernest Hollings, would force the
    installation of copy protection routines within new consumer electronic
    products. Under this scheme, within a year of the bill's passage, the U.S.
    Federal Communications Commission would start a process to require the
    implementation of anti-copying "security system standards." According to
    various legal experts, the bill's broad definition of "digital media
    devices" could cover a wide variety of hardware items (from high definition
    television sets to cellular phones) as well as software. The proposal would
    also force interactive computer services to implement such security
    standards for any copyright material stored or transmitted through their
    networks and ban the sale or trafficking of "nonconforming digital media
    devices." Moreover, the bill would essentially make it a crime to "knowingly
    remove or alter any standard security technology" or to "knowingly ... make
    available to the public any copyrighted material where the security measure
    associated with a standard security technology has been removed or altered,
    without the authority of the copyright owner." Violators could face jail
    time and heavy fines.
    
    The so-called "crippleware" bill (officially titled The Consumer Broadband
    and Digital Television Promotion Act) is already receiving a hostile
    reception from a variety of groups, ranging from electronics makers to
    cyberliberties organizations. One concern is that proposal will not provide
    sufficient protection for the ability of individuals to make legitimate use
    of copyrighted works; Joe Kraus of DigitalConsumer.org warned that the
    proposal "allows Hollywood to pursue a policy of taking away consumers' fair
    use rights." In addition, Robin Gross from the Electronic Frontier
    Foundation (EFF-a GILC member) argued that the bill "would basically give
    Hollywood veto power over the design of new technologies." Several industry
    trade groups have also come out against the proposal, including the
    Information Technology Association of America and the Business Software
    Alliance. These concerns have led at least one politician, U.S. Senator
    Patrick Leahy, to express his opposition to the measure. Meanwhile, a nearly
    identical bill may soon be introduced in the U.S. House of Representatives.
    
    The text of the Hollings bill is available under
    http://www.politechbot.com/docs/cbdtpa/hollings.s2048.032102.html
    
    Read "Net users out to sink anti-piracy bill," Reuters, April 10, 2002 at
    http://zdnet.com.com/2102-1106-879629.html
    
    See Brad King, "Slagging Over Sagging CD Sales," Wired News, April 17, 2002
    at
    http://www.wired.com/news/print/0,1294,51880,00.html
    
    Read Mike Musgrove, "Hollings Proposes Copyright Defense," Washington Post,
    March 22, 2002, page E3 at
    http://www.washingtonpost.com/wp-dyn/articles/A92-2002Mar21.html
    
    See also Declan McCullagh, "Anti-Copy Bill Slams Coders," Wired News, March
    22, 2002 at
    http://www.wired.com/news/print/0,1294,51274,00.html
    
    For coverage in German (Deutsch), read Florian Rotzer, "Kopierschutztechnik
    in alle digitalen Gerate," Heise Telepolis, March 22, 2002 at
    http://www.heise.de/tp/deutsch/special/copy/12147/1.html
    
    ==============================================
    [8] Bahrain gov't censors opposition webpages
    ==============================================
    Bahrain officials have barred access to a number of websites in advance of
    local and national elections.
    
    Reports indicate that the list of targeted groups includes several
    organizations, such as the British-based Bahrain Freedom Movement, that are
    opposed to the current government regime. Bahrain's Information Minister,
    Nabeel Yacoub al-Hamer, stated that while he and fellow government officials
    "welcome and are open for criticism, ... we don't accept offences or
    inciting sectarian strife." The Ministers' statement was an apparent
    reference to the fact that Bahrain's ruling family and the majority of the
    kingdom's population come from different religious sects.
    
    The move came as the country prepares for elections within the next few
    months. One opposition spokesperson charged that this act of censorship
    "stains the good image of Bahrain," and demanded that the ban be lifted.
    However, Yacoub al-Hamer has said that the restrictions will stay in place,
    at least until the contents of the sites in question are altered.
    
    See "Bahrain blocks opposition websites," BBC News Online, March 26, 2002 at
    http://news.bbc.co.uk/hi/english/world/middle_east/newsid_1895000/1895005.st
    m
    
    The Bahrain Freedom Movement homepage is located at
    http://www.vob.org/
    
    ==========================================================
    [9] New Chinese rules against "sensational" Net reporting
    ==========================================================
    Authorities in mainland China have issued a new set of legal directives that
    may further chill free speech online.
    
    The Chinese government has issued new guidelines that, among other things,
    bar press coverage of several issues. Chinese officials discouraged
    reporting on such subjects as Taiwan, AIDS outbreaks and racial tensions.
    Beijing also warned journalists not to propagate Western perspectives and
    values, disclose internal government information, encourage people to sue
    ruling party leaders or write sensational articles. The rules were contained
    in a report that specifically criticized members of the press for posting
    news items on the Information Superhighway.
    
    The commandments represent just the latest in a series of moves by mainland
    Chinese authorities to stifle dissent over the Internet. Indeed, the new
    regime reiterates some of the points made by past Chinese speech
    restrictions. For example, private websites cannot publish "news" about
    high-ranking Chinese officials or their families without prior approval from
    the government. In addition, all reports on important official policies are
    required to use standardized language provided by the state Xinhua news
    agency.
    
    Read "Beijing reins in media with new rules," Straits Times, February 25,
    2002 at
    http://www.asiamedia.ucla.edu/Weekly2002/02.26.2002/China.htm
    
    =========================================
    [10] ICANN faces more criticism, lawsuit
    =========================================
    The organization tasked with running the Internet domain name system is
    facing added criticism and even a lawsuit over its inner workings.
    
    Many observers have savaged a decision by the Internet Corporation for
    Assigned Names and Numbers (ICANN) not to hold public elections. The
    decision was made at a March 2002 meeting in Ghana, where ICANN's Board of
    Directors passed a resolution that failed to set a date for a new electoral
    cycle. The measure simply suggested that Internet users should
    self-organize, without explicitly providing for direct participation in
    ICANN decision-making through voting. Moreover, the resolution suggested
    that ICANN should be reorganized along the lines of proposals such as the
    one espoused by the organization's President, M. Stuart Lynn. Lynn has
    pushed a scheme that would, among other things, permanently eliminate ICANN
    At-Large public elections. Rob Courtney from the Center for Democracy and
    Technology (CDT-a GILC member) said his group "was disappointed and
    genuinely disheartened by the board's continued failure to commit itself to
    public representation," adding that ICANN had refused "to take what we
    thought were relatively reasonable steps to ensure public participation on
    the board."
    
    The Lynn proposal, which had been publicly released in late February 2002,
    has received particularly strong condemnation from around the world. A
    coalition of Japanese non-profit organizations, labor unionists, academics
    and reporters issued a joint statement arguing that the scheme "wipes out
    all the efforts made over the last couple of years to realize a global
    democracy on ICANN issues." European domain name registrars have also
    expressed their vehement disapproval of the plan. In addition, several
    ranking United States Congressmen issued a letter charging that proposals
    such as the Lynn plan "will make ICANN even less democratic, open, and
    accountable than it is today," and that ICANN management should not be
    allowed "to retreat on any future prospects for open, democratic, private
    sector-led management of certain limited technical Internet functions." The
    U.S. Congress now plans to hold oversight hearings on this subject.
    
    Meanwhile, ICANN is being sued by one of its own publicly elected Board
    members. Karl Auerbach, who is being represented in this action by the
    Electronic Frontier Foundation (EFF-a GILC member), alleges that the domain
    management body has violated California laws, as well as its own rules, by
    restricting his access to ICANN corporate records.
    
    An EFF press release on the Auerbach lawsuit is available under
    http://www.eff.org/Infra/DNS_control/ICANN_IANA_IAHC/Auerbach_v_ICANN/200203
    18_eff_icann_pr.html
    
    See "Net body sued by own official," BBC News Online, March 20, 2002 at
    http://news.bbc.co.uk/hi/english/sci/tech/newsid_1880000/1880813.stm
    
    The text of the aforementioned ICANN resolution is posted at
    http://www.icann.org/minutes/prelim-report-14mar02.htm#ALSCReportandAtLarge
    
    Read David McGuire, "Lawmakers Criticize Net Governance Restructuring Plan,"
    Newsbytes, March 14, 2002 at
    http://www.newsbytes.com/news/02/175224.html
    
    See also Declan McCullagh, "Congress to Enter ICANN Fray," Wired News, March
    14, 2002 at
    http://www.wired.com/news/print/0,1294,51041,00.html
    
    The Japanese statement opposing the Lynn proposal is available under
    http://www.jca.apc.org/jca-net/board/docs/icann/2002-03/index-j.html
    
    For German (Deutsch) coverage of protests from European domain registries
    against the Lynn proposal, see "RIPE an ICANN: Selbstverwaltung ist
    machbar," Heise Online, March 4, 2002 at
    http://www.heise.de/newsticker/data/jk-04.03.02-005/
    
    
    
    ========================================================
    [13] Swedish newspaper site fined for chatboard comments
    ========================================================
    A court ruling against Sweden's largest newspaper may have serious
    implications on Internet free speech.
    
    AftonBladet republishes many articles from its print edition on its website.
    The site includes a chatboard feature allowing readers to post their own
    comments online. In October 2000, four user comments were posted to an
    AftonBladet chat area on the Middle East that allegedly contained neo-Nazi
    sentiments. Although the comments were quickly removed, a Swedish court
    nevertheless held the newspaper liable for violating national laws against
    hate speech, and fined the site's editor, Kalle Jungkvist.
    
    A number of experts are worried that the verdict may have a detrimental
    impact on freedom of expression through the Information Superhighway.
    Specifically, the ruling sets a precedent allowing website operators to be
    punished for speech activities over which they have little or no control.
    Indeed, some observers believe that the decision will force unmoderated
    online chat areas, at least in Sweden, to shutdown for fear of liability.
    
    Read Drew Cullen, "It's bloody hard to run a forum," The Register (UK),
    March 8, 2002 at
    http://www.theregister.co.uk/content/6/24352.html
    
    ========================================================
    [14] Indian gov't plans ID-based web restrictions
    ========================================================
    Want to surf the web? Please show us your ID card first.
    
    That's apparently the approach being suggested by a committee in India. The
    panel, which was created by the Mumbai High Court, has recommended a series
    of measures to prevent the viewing of controversial content. These measures
    include forcing cybercafe customers to show photo identification cards and
    retaining personal information about them. The committee also is urging such
    establishments to track their users' online activities, so that law
    enforcement agents can hunt them down. These recommendations could be
    adopted by the High Court within a month or so.
    
    Opponents of the proposal fear that ordinary Internet users will be
    intimidated from participating in online discussions. One cybercafe owner
    complained that, should the panel's recommendations be implemented, "[e]ven
    those who want to just check their mails will think twice before entering my
    cafe. Nobody wants to share his personal details or telephone numbers with
    some stranger in a cafe."
    
    See Manu Joseph, "Café Owners or Porn Police," Wired News, February 25, 2002
    at
    http://www.wired.com/news/print/0,1294,50615,00.html
    
    
    
    ===========================================================
    [17] New Japanese Net tapping case renews privacy fears
    ===========================================================
    A new case has heightened public doubts over a relatively new Japanese
    wiretapping law.
    
    Enacted in August 2000, the statute allowed Japanese law enforcement
    officials to intercept various forms of communication, including private
    email messages. The law was highly controversial due to its apparently
    detrimental impact on individual privacy as well as its lack of procedural
    safeguards against abuse. Indeed, privacy advocates noted that the measure
    contained no restrictions on the use of these records for database purposes
    and no real restriction on the types of devices can be used for wiretapping
    (which some experts say will allow the unchecked use of unnecessarily
    intrusive surveillance tools).
    
    Recently, the Japanese Metropolitan Police Department brought a case that
    highlighted the government's first use of the powers granted to it under the
    Wiretapping law. Japanese authorities intercepted mobile phone conversations
    and gained access to messages stored on a particular website as part of a
    criminal drug investigation. However, Japanese privacy groups have
    criticized this move for a variety of reasons, including the fact that
    wiretapping was not actually necessary in this particular instance.
    Moreover, these organizations have expressed disapproval over the
    government's use of surveillance for comparatively minor offenses, rather
    than exercising greater discretion and reserving such invasive powers for
    more serious crimes.
    
    Read "Controversial wiretapping law nets first victims," Mainichi Shimbun,
    March 30, 2002 at
    http://mdn.mainichi.co.jp/news/archive/200203/30/index.html
    
    See "Wiretaps lead to first arrests," Asahi Shimbun, April 1, 2002 at
    http://www.asahi.com/english/national/K2002040100234.html
    
    For further information on Japanese government Internet spying devices,
    click
    http://www.jca.apc.org/privacy/wiretap-mbox/
    
    
    ============================================================
    [19] New Zealand plan would mandate spyware installations
    ============================================================
    The government of New Zealand is drafting a proposal to force the
    installation of surveillance devices into computer networks.
    
    The exact language of the Telecommunications (Interception Capability) Bill
    has yet to be revealed. However, it will apparently force Internet service
    providers and other telecom companies to make their systems
    "interception-capable." The scheme would make it easier for government
    agents (such as the police, the New Zealand Security Intelligence Service
    and the Government Communications Security Bureau) to capture private emails
    and voice messages. Assuming the bill is approved, these standards would
    have to be implemented within a time window of 18 months to 5 years.
    
    New Zealand Associate Minister of Justice Paul Swain claimed that the new
    legislation would bring his country "into line with legal requirements
    already in place in a number of different countries including the United
    States." Indeed, the general outlines of the bill bear a certain resemblance
    to the controversial U.S. Communications Assistance for Law Enforcement Act,
    which has been savaged by many privacy advocates.
    
    Read Adam Creed, "New Zealand 'Interception' Laws To Cover ISPs," Newsbytes,
    March 21, 2002 at
    http://www.newsbytes.com/news/02/175371.html
    
    See Kate Mackenzie, "ISPs forced to spy on email," Australian IT, March 22,
    2002 at
    http://australianit.news.com.au/articles/0,7204,3999829%5E15306%5E%5Enbv%5E,
    00.html
    
    For further background on CALEA, visit the Electronic Privacy Information
    Center (EPIC-a GILC member) website under
    http://www.epic.org/privacy/wiretap/ 
    
    
    
    
    -------------------------------------------------------------------------
    POLITECH -- Declan McCullagh's politics and technology mailing list
    You may redistribute this message freely if you include this notice.
    To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
    This message is archived at http://www.politechbot.com/
    Declan McCullagh's photographs are at http://www.mccullagh.org/
    -------------------------------------------------------------------------
    Sign this pro-therapeutic cloning petition: http://www.franklinsociety.org
    -------------------------------------------------------------------------
    



    This archive was generated by hypermail 2b30 : Tue Apr 23 2002 - 09:01:44 PDT