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  Failing politicians love fake news, they think it is something to blame their failure on...

And the EU loves fake news a lot! And so it is setting up a new censorship body to find even more of it


Link Here 17th November 2017  full story: Internet Censorship in EU...EU proposes mandatory cleanfeed for all member states
EU flagThe European Union is in the process of creating an authority to monitor and censor so-called fake news. It is setting up a High-Level 'Expert' Group. The EU is currently consulting media professionals and the public to decide what powers to give to this EU body, which is to begin operation next spring.

The World Socialist Web Site has its own colourful view on the intentions of the body, but I don't suppose it is too far from the truth:

An examination of the EU's announcement shows that it is preparing mass state censorship aimed not at false information, but at news reports or political views that encourage popular opposition to the European ruling class.

It aims to create conditions where unelected authorities control what people can read or say online.

 EU Vice-President Frans Timmermans explained the move in ominous tersm

We live in an era where the flow of information and misinformation has become almost overwhelming. The EU's task is to protect its citizens from fake news and to manage the information they receive.

According to an EU press release, the EU Commission, another unelected body, will select the High-Level Expert Group, which is to start in January 2018 and will work over several months. It will discuss possible future actions to strengthen citizens' access to reliable and verified information and prevent the spread of disinformation online.

Who will decide what views are verified, who is reliable and whose views are disinformation to be deleted from Facebook or removed from Google search results? The EU, of course.

 

  Siding with the powerful and oppressive...

Disgraceful European Council members seek to restrict internet users from the freedom to express themselves on the internet


Link Here 11th November 2017
openmedia logo Three countries are using the European Council to put dangerous pro-censorship amendments into the already controversial Copyright Directive.

The copyright law that Openmedia has been campaigning on -- the one pushing the link tax and censorship machines -- is facing some dangerous sabotage from the European Council. In particular, France, Spain and Portugal are directly harming the open web.

The Bill is currently being debated in the European Parliament but the European Council also gets to make its own proposed version of the law, and the two versions eventually have to compromise with each other. This European Council is made up of ministers from the governments of all EU member states. Those ministers are usually represented by staff who do most of the negotiating on their behalf. It is not a transparent body, but it does have a lot of power.

The Council can choose to agree with Parliament's amendments, but it doesn't look like that's going to happen in this case. In fact they've been taking worrying steps, particularly when it comes to the censorship machine proposals.

As the proposal stands before the Council intervention, it encourages sites where users upload and make content to install filtering mechanisms -- a kind of censorship machine which would use algorithms to look for copyrighted content and then block the post. This is despite the fact that there many legal reasons to use copyrighted content.

These new changes want to go a step further. They firstly want to make the censorship machine demand even more explicit. As Julia Reda puts it:

They want to add to the Commission proposal that platforms need to automatically remove media that has once been classified as infringing, regardless of the context in which it is uploaded.

Then, they go all in with a suggested rewrite of existing copyright law to end the liability protections which are vital for a functioning web.

Liability protection laws mean we (not websites) are responsible for what we say and post online. This is so that websites are not obliged to monitor everything we say or do. If they were liable there would be much overzealous blocking and censorship. These rules made YouTube, podcast platforms, social media, all possible. The web as we know it works because of these rules.

But the governments of France, Spain, Portugal and the Estonian President of the Council want to undo them. It would mean all these sites could be sued for any infringement posted there. It would put off new sites from developing. And it would cause huge legal confusion -- given that the exact opposite is laid out in a different EU law.

openmedia.org asks: What can we do about it?

We need to keep making noise! An institution used to secrecy doesn't expect to be in the public eye and getting this kind of scrutiny.

We need to empower the European Parliament to present the best version possible, and to beat off the terrible ideas they are circulating here.

And if you are a resident of France, Spain, Portugal or Estonia tell your local media and your representatives to stop walking this path.

 

  Element of doubt...

Copyright trolls take a beating in Spain


Link Here 11th November 2017
Spanish flagA Spanish judge has dealt a blow to copyright trolls in Spain. In a first of its kind ruling, the court dismissed an example legal case due to a lack of evidence.

The Commercial Court of Donostia dismissed the claim against an alleged file-sharer due to a lack of evidence. Copyright company Dallas Buyers Club identified the infringer through an IP-address, but according to Judge Pedro José Malagón Ruiz, this is not good enough.

The ruling says that there is no way to know whether the defendant was the P2P user or not, because an IP address only identifies the person who subscribed to the Internet connection, not the user who made use of the connection at a certain moment, copyright lawyer David Bravo tells TorrentFreak.

A relative or a guest could have been using the network, or even someone accessing the wifi if it was open, he adds.

In addition, the Judge agreed with the defense that there is no evidence that the defendant actively made the movie available. This generally requires a form of intent. However, BitTorrent clients automatically share files with others, whether it's the intention of the user or not.

In other words, these BitTorrent transfers are not necessarily an act of public communication, therefore, they are not infringing any copyrights.

 

 Update: Unacceptable...

56 European human rights groups call on the EU to abandon its disgraceful law proposal requiring the pre-censorship of content as it is being uploaded to the internet


Link Here 17th October 2017  full story: Internet Censorship in EU...EU proposes mandatory cleanfeed for all member states

EU flagArticle 13: Monitoring and filtering of internet content is unacceptable. Index on Censorship joined with 56 other NGOs to call for the deletion of Article 13 from the proposal on the Digital Single Market, which includes obligations on internet companies that would be impossible to respect without the imposition of excessive restrictions on citizens' fundamental rights.

Dear President Juncker,
Dear President Tajani,
Dear President Tusk,
Dear Prime Minister Ratas,
Dear Prime Minister Borissov,
Dear Ministers,
Dear MEP Voss, MEP Boni

The undersigned stakeholders represent fundamental rights organisations.

Fundamental rights, justice and the rule of law are intrinsically linked and constitute core values on which the EU is founded. Any attempt to disregard these values undermines the mutual trust between member states required for the EU to function. Any such attempt would also undermine the commitments made by the European Union and national governments to their citizens.

Article 13 of the proposal on Copyright in the Digital Single Market include obligations on internet companies that would be impossible to respect without the imposition of excessive restrictions on citizens' fundamental rights.

Article 13 introduces new obligations on internet service providers that share and store user-generated content, such as video or photo-sharing platforms or even creative writing websites, including obligations to filter uploads to their services. Article 13 appears to provoke such legal uncertainty that online services will have no other option than to monitor, filter and block EU citizens' communications if they are to have any chance of staying in business.

Article 13 contradicts existing rules and the case law of the Court of Justice. The Directive of Electronic Commerce ( 2000/31/EC) regulates the liability for those internet companies that host content on behalf of their users. According to the existing rules, there is an obligation to remove any content that breaches copyright rules, once this has been notified to the provider.

Article 13 would force these companies to actively monitor their users' content, which contradicts the 'no general obligation to monitor' rules in the Electronic Commerce Directive. The requirement to install a system for filtering electronic communications has twice been rejected by the Court of Justice, in the cases Scarlet Extended ( C 70/10) and Netlog/Sabam (C 360/10). Therefore, a legislative provision that requires internet companies to install a filtering system would almost certainly be rejected by the Court of Justice because it would contravene the requirement that a fair balance be struck between the right to intellectual property on the one hand, and the freedom to conduct business and the right to freedom of expression, such as to receive or impart information, on the other.

In particular, the requirement to filter content in this way would violate the freedom of expression set out in Article 11 of the Charter of Fundamental Rights. If internet companies are required to apply filtering mechanisms in order to avoid possible liability, they will. This will lead to excessive filtering and deletion of content and limit the freedom to impart information on the one hand, and the freedom to receive information on the other.

If EU legislation conflicts with the Charter of Fundamental Rights, national constitutional courts are likely to be tempted to disapply it and we can expect such a rule to be annulled by the Court of Justice. This is what happened with the Data Retention Directive (2006/24/EC), when EU legislators ignored compatibility problems with the Charter of Fundamental Rights. In 2014, the Court of Justice declared the Data Retention Directive invalid because it violated the Charter.

Taking into consideration these arguments, we ask the relevant policy-makers to delete Article 13.

European Digital Rights (EDRi)
Access Info
ActiveWatch
Article 19
Associação D3 -- Defesa dos Direitos Digitais
Associação Nacional para o Software Livre (ANSOL)
Association for Progressive Communications (APC)
Association for Technology and Internet (ApTI)
Association of the Defence of Human Rights in Romania (APADOR)
Associazione Antigone
Bangladesh NGOs Network for Radio and Communication (BNNRC)
Bits of Freedom (BoF)
BlueLink Foundation
Bulgarian Helsinki Committee
Center for Democracy & Technology (CDT)
Centre for Peace Studies
Centrum Cyfrowe
Coalizione Italiana Liberta@ e Diritti Civili (CILD)
Code for Croatia
COMMUNIA
Culture Action Europe
Electronic Frontier Foundation (EFF)
epicenter.works
Estonian Human Rights Centre
Freedom of the Press Foundation
Frënn vun der Ënn
Helsinki Foundation for Human Rights
Hermes Center for Transparency and Digital Human Rights
Human Rights Monitoring Institute
Human Rights Watch
Human Rights Without Frontiers
Hungarian Civil Liberties Union
Index on Censorship
International Partnership for Human Rights (IPHR)
International Service for Human Rights (ISHR)
Internautas
JUMEN
Justice & Peace
La Quadrature du Net
Media Development Centre
Miklos Haraszti (Former OSCE Media Representative)
Modern Poland Foundation
Netherlands Helsinki Committee
One World Platform
Open Observatory of Network Interference (OONI)
Open Rights Group (ORG)
OpenMedia
Panoptykon
Plataforma en Defensa de la Libertad de Información (PDLI)
Reporters without Borders (RSF)
Rights International Spain
South East Europe Media Organisation (SEEMO)
South East European Network for Professionalization of Media (SEENPM)
Statewatch
The Right to Know Coalition of Nova Scotia (RTKNS)
Xnet

 

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