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A Stitch in Time...

Malta's Unifaun Theatre stages the play Stitching, a decade after it was banned, which set in motion a rewrite of the country's censorship laws


Link Here 19th September 2018
The play Stitching , has opened at the Unifaun Theatre in Malta for a two week run. But Stitching is not your average piece of theatre; it's taken 10 years, international coverage, and even a literal EU court case to get this show up and running.

Ten years ago, in October 2008, local theatre producer Adrian Buckle sent an email to playwright Anthony Nielson, asking for permission to produce his play Stitching in Malta. Nielson duly granted Unifaun the rights to a performance of his play. Buckle booked a slot at a local theatre, hires the cast and informs the Board for Film and Stage Classification in order expecting to be issued an age-rating certificate for the piece. However, instead of receiving an age certification, Buckle received a certificate that simply stated the play had been Banned and disallowed, with no explanation or reason provided. Thus begins a ten-year-long battle that finally brings us to this year's production.

However, the team at Unifaun would not stand for this lack of explanation; they chased for an answer, and in January 2009 the police commissioner delivered a letter that detailed the reasons:

  1. Blasphemy against the State Religion
  2. Obscene contempt for the victims of Auschwitz
  3. An encyclopaedic review of dangerous sexual perversions leading to sexual servitude
  4. Abby's eulogy to the child murderers Fred and Rosemary West
  5. Reference to the abduction, sexual assault and murder of children

In conclusion, the play is a sinister tapestry of violence and perversion where the sum of the parts is greater than the whole. The Board feels that in this case the envelope has been pushed beyond the limits of public decency.

The censorship became major news in Malta and it was decided by the politicians at the time that the established censorship system was no longer compatible with EU human rights requirements, notably Article 10 of the Convention for the Protection of Human Rights:

Freedom of expression constitutes one of the essential foundations of such a society, one of the basic conditions for its progress and for the development of every man [...] it is applicable not only to 'information' or 'ideas' that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population.

The country's censorship laws were rewritten without calling on the services of stage censors. Film censorship was also reformed with new rules that are based on the UK's, which is at least significantly more free than before.

So now the play has opened, was it really that bad? lovinmalta.com answers:

Yes, the play is crude. Yes, they swear a lot. Yes, they talk about child murderers. Yes, they use a dildo on stage. Yes, they describe sexual acts very explicitly. Yes, it probably made people very uncomfortable. That is why performances are given an age certification. That is not reason to censor and an artist.

Three performances have passed so far and the world has not ended. Nobody has walked out of the theatre mid-performance in a fit of rage.

 

 

The EU snaps its fingers...

The European Commission publishes its proposal for massive fines for internet companies that don't implement censorship orders within the hour


Link Here 15th September 2018
Full story: Internet Censorship in EU...EU proposes mandatory cleanfeed for all member states
Tech companies that fail to remove terrorist content quickly could soon face massive fines. The European Commission proposed new rules on Wednesday that would require internet platforms to remove illegal terror content within an hour of it being flagged by national authorities. Firms could be fined up to 4% of global annual revenue if they repeatedly fail to comply.

Facebook (FB), Twitter (TWTR) and YouTube owner Google (GOOGL) had already agreed to work with the European Union on a voluntary basis to tackle the problem. But the Commission said that progress has not been sufficient.

A penalty of 4% of annual revenue for 2017 would translate to $4.4 billion for Google parent Alphabet and $1.6 billion for Facebook.

The proposal is the latest in a series of European efforts to control the activities of tech companies.

The terror content proposal needs to be approved by the European Parliament and EU member states before becoming law.

 

 

A shitty court case...

Spanish film star fights in court against the country's archaic blasphemy laws


Link Here 14th September 2018
Full story: Blasphemy in Spain...Cooking up injustice
The National Secular Society has called for Spain to abolish its blasphemy laws following the detainment of an actor accused of offending religious sentiment.

Willy Toledo, a cinema and television actor, was detained under a Madrid court order after he ignored summons for questioning, arguing he had not committed any offence and so there is no need to appear before a judge.

Toledo was summoned twice over a Facebook post he wrote in July 2017, in which he defended three women who were prosecuted under blasphemy laws because they simulated a religious procession with a giant plastic vagina as part of a feminist protest. In his post Toledo said:

 I shit on God, and I have enough shit left over to shit on the dogma of the sanctity and virginity of the Virgin Mary. This country is unbearably shameful.

In response, the Spanish Association of Christian Lawyers filed a complaint against Toledo for shitting on the dogma, and because his words were an offense against religious sentiment.

Following his release form the court Toledo told reporters:

I am doing what I have to do, which is to draw attention to this, because it is shameful that there are still five articles in the criminal code related to religious sentiments.

Dozens of Spanish citizens applauded and shouted Me cago en Dios (I shit on God) as he left the courthouse. Some Twitter users have started using the hashtag #MeCagoEnDios to express their support. Oscar-winner Javier Bardem has also spoken out in defence of Toledo.

Stephen Evans, Executive Director at the National Secular Society, joined in the criticism of Spain's blasphemy laws saying:

The existence of a law that outlaws offending or derision of religious feelings, dogmas, beliefs or rituals shames Spain. Blasphemy laws are an affront to free expression and should be consigned to history. Let's hope the arrest of Willy Toledo precipitates the demise of Spain's arbitrary restrictions on speech.

Note that the expression shit on God (cagarse en Dios) is commonplace in everyday Spanish discourse.

Article 525 of the Spanish Penal Code forbids the defamation of any individual's or group's religious sentiments, beliefs, or practices, setting out monetary fines for those who offend religious people. The law tends to be used to defend Catholic sentiments.

 

 

Softening a hammer blow...

The EU parliament approved a few amendments to try and soften the blow of massive new internet censorship regime


Link Here 13th September 2018
Full story: Copyright in the EU...Copyright law for Europe
The European Parliament has voted to approve new copyright powers enabling the big media industry to control how their content is used on the internet.

Article 11 introduces the link tax which lets news companies control how their content is used. The target of the new law is to make Google pay newspapers for its aggregating Google News service. The collateral damage is that millions of websites can now be harangued for linking to and quoting articles, or even just sharing links to them.

Article 13 introduces the requirements for user content sites to create censorship machines that pre-scan all uploaded content and block anything copyrighted. The original proposal, voted on in June, directly specified content hosts use censorship machines (or filters as the EU prefers to call them). After a cosmetic rethink since June, the law no longer specifies automatic filters, but instead specifies that content hosts are responsible for copyright published. And of course the only feasible way that content hosts can ensure they are not publishing copyrighted material is to use censorship machines anyway. The law was introduced, really with just the intention of making YouTube and Facebook pay more for content from the big media companies. The collateral damage to individuals and small businesses was clearly of no concern to the well lobbied MEPs.

Both articles will introduce profound new levels of censorship to all users of the internet, and will also mean that there will reduced opportunities for people to get their contributions published or noticed on the internet. This is simply because the large internet companies are commercial organisations and will always make decisions with costs and profitability in mind. They are not state censors with a budget to spend on nuanced decision making. So the net outcome will be to block vast swathes of content being uploaded just in case it may contain copyright.

An example to demonstrate the point is the US censorship law, FOSTA. It requires content hosts to block content facilitating sex trafficking. Internet companies generally decided that it was easier to block all adult content rather than to try and distinguish sex trafficking from non-trafficking sex related content. So sections of websites for dating and small ads, personal services etc were shut down overnight.

The EU however has introduced a few amendments to the original law to slightly lessen the impact an individuals and small scale content creators.

  • Article 13 will now only apply to platforms where the main purpose ...is to store and give access to the public or to stream significant amounts of copyright protected content uploaded / made available by its users and that optimise content and promotes for profit making purposes .
  • When defining best practices for Article 13, special account must now be taken of fundamental rights, the use of exceptions and limitations. Special focus should also be given to ensuring that the burden on SMEs remain appropriate and that automated blocking of content is avoided (effectively an exception for micro/small businesses). Article 11 shall not extend to mere hyperlinks, which are accompanied by individual words (so it seems links are safe, but quoted snippets of text must be very short) and the protection shall also not extend to factual information which is reported in journalistic articles from a press publication and will therefore not prevent anyone from reporting such factual information .
  • Article 11 shall not prevent legitimate private and non-commercial use of press publications by individual users .
  • Article 11 rights shall expire 5 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication. The right referred to in paragraph 1 shall not apply with retroactive effect .
  • Individual member states will now have to decide how Article 11 is implemented, which could create some confusion across borders.

At the same time, the EU rejected the other modest proposals to help out individuals and small creators:

  • No freedom of panorama. When we take photos or videos in public spaces, we're apt to incidentally capture copyrighted works: from stock art in ads on the sides of buses to t-shirts worn by protestors, to building facades claimed by architects as their copyright. The EU rejected a proposal that would make it legal Europe-wide to photograph street scenes without worrying about infringing the copyright of objects in the background.
  • No user-generated content exemption, which would have made EU states carve out an exception to copyright for using excerpts from works for criticism, review, illustration, caricature, parody or pastiche.

A final round of negotiation with the EU Council and European Commission is now due to take place before member states make a decision early next year. But this is historically more of a rubber stamping process and few, if any, significant changes are expected.

However, anybody who mistakenly thinks that Brexit will stop this from impacting the UK should be cautious. Regardless of what the EU approves, the UK might still have to implement it, and in any case the current UK Government supports many of the controversial new measures.

 

 

Comment: A grim day for digital rights in Europe...

Comments about censorship machines, link tax, and clicking on terrorist content


Link Here 13th September 2018
Full story: Copyright in the EU...Copyright law for Europe

New Copyright Powers, New Terrorist Content Laws: A Grim Day For Digital Rights in Europe

See  article from eff.org by Danny O'Brien

Despite waves of calls and emails from European Internet users, the European Parliament today voted to accept the principle of a universal pre-emptive copyright filter for content-sharing sites, as well as the idea that news publishers should have the right to sue others for quoting news items online -- or even using their titles as links to articles. Out of all of the potential amendments offered that would fix or ameliorate the damage caused by these proposals, they voted for worst on offer .

There are still opportunities, at the EU level, at the national level, and ultimately in Europe's courts, to limit the damage. But make no mistake, this is a serious setback for the Internet and digital rights in Europe.

It also comes at a trepidatious moment for pro-Internet voices in the heart of the EU. On the same day as the vote on these articles, another branch of the European Union's government, the Commission, announced plans to introduce a new regulation on preventing the dissemination of terrorist content online . Doubling down on speedy unchecked censorship, the proposals will create a new removal order, which will oblige hosting service providers to remove content within one hour of being ordered to do so. Echoing the language of the copyright directive, the Terrorist Regulation aims at ensuring smooth functioning of the digital single market in an open and democratic society, by preventing the misuse of hosting services for terrorist purposes; it encourages the use of proactive measures, including the use of automated tools.

Not content with handing copyright law enforcement to algorithms and tech companies, the EU now wants to expand that to defining the limits of political speech too.

And as bad as all this sounds, it could get even worse. Elections are coming up in the European Parliament next May. Many of the key parliamentarians who have worked on digital rights in Brussels will not be standing. Marietje Schaake, author of some of the better amendments for the directive, announced this week that she would not be running again. Julia Reda, the German Pirate Party representative, is moving on; Jan Philipp Albrecht, the MEP behind the GDPR, has already left Parliament to take up a position in domestic German politics. The European Parliament's reserves of digital rights expertise, never that full to begin with, are emptying.

The best that can be said about the Copyright in the Digital Single Market Directive, as it stands, is that it is so ridiculously extreme that it looks set to shock a new generation of Internet activists into action -- just as the DMCA, SOPA/PIPA and ACTA did before it.

If you've ever considered stepping up to play a bigger role in European politics or activism, whether at the national level, or in Brussels, now would be the time.

It's not enough to hope that these laws will lose momentum or fall apart from their own internal incoherence, or that those who don't understand the Internet will refrain from breaking it. Keep reading and supporting EFF, and join Europe's powerful partnership of digital rights groups, from Brussels-based EDRi to your local national digital rights organization . Speak up for your digital business, open source project, for your hobby or fandom, and as a contributor to the global Internet commons.

This was a bad day for the Internet and for the European Union: but we can make sure there are better days to come.

 

 

The Rise of the Machines: Cyberdyne is created...

MEPs approve copyright law requiring Google and Facebook to use censorship machines to block user uploads that may contain snippets of copyright material, including headlines, article text, pictures and video


Link Here 12th September 2018
Full story: Copyright in the EU...Copyright law for Europe
The European Parliament has approved a disgraceful copyright law that threatens to destroy the internet as we know it.

The rulehands more power to news and record companies against Internet giants like Google and Facebook. But it also allows companies to make sweeping blocks of user-generated content, such as internet memes or reaction GIFs that use copyrighted material. The tough approach could spell the end for internet memes, which typically lay text over copyrighted photos or video from television programmes, films, music videos and more.

MEPs voted 438 in favour of the measures, 226 against, with 39 abstentions. The vote introduced Articles 11 and 13 to the directive, dubbed the link tax and censorship machines.

Article 13 puts the onus of policing for copyright infringement on the websites themselves. This forces web giants like YouTube and Facebook to scan uploaded content to stop the unlicensed sharing of copyrighted material. If the internet companies find that such scanning does not work well, or makes the service unprofitable, the companies could pull out of allowing users to post at all on topics where the use of copyright material is commonplace.

The second amendment to the directive, Article 11, is intended to give publishers and newspapers a way to make money when companies like Google link to their stories.Search engines and online platforms like Twitter and Facebook will have to pay a license to link to news publishers when quoting portions of text from these outlets.

Following Wednesday's vote, EU lawmakers will now take the legislation to talks with the European Commission and the 28 EU countries.

 

 

Voting in Cyberdyne's Censorship Machine's...

How the EU's Copyright Filters Will Make it Trivial For Anyone to Censor the Internet


Link Here 11th September 2018
Full story: Copyright in the EU...Copyright law for Europe

On Wednesday, the EU will vote on whether to accept two controversial proposals in the new Copyright Directive; one of these clauses, Article 13, has the potential to allow anyone, anywhere in the world, to effect mass, rolling waves of censorship across the Internet.

The way things stand today, companies that let their users communicate in public (by posting videos, text, images, etc) are required to respond to claims of copyright infringement by removing their users' posts, unless the user steps up to contest the notice. Sites can choose not to remove work if they think the copyright claims are bogus, but if they do, they can be sued for copyright infringement (in the United States at least), alongside their users, with huge penalties at stake. Given that risk, the companies usually do not take a stand to defend user speech, and many users are too afraid to stand up for their own speech because they face bankruptcy if a court disagrees with their assessment of the law.

This system, embodied in the United States' Digital Millennium Copyright Act (DMCA) and exported to many countries around the world, is called notice and takedown, and it offers rightsholders the ability to unilaterally censor the Internet on their say-so, without any evidence or judicial oversight. This is an extraordinary privilege without precedent in the world of physical copyright infringement (you can't walk into a cinema, point at the screen, declare I own that, and get the movie shut down!).

But rightsholders have never been happy with notice and takedown. Because works that are taken down can be reposted, sometimes by bots that automate the process, rightsholders have called notice and takedown a game of whac-a-mole , where they have to keep circling back to remove the same infringing files over and over.

Rightsholders have long demanded a notice and staydown regime. In this system, rightsholders send online platforms digital copies of their whole catalogs; the platforms then build copyright filters that compare everything a user wants to post to this database of known copyrights, and block anything that seems to be a match.

Tech companies have voluntarily built versions of this system. The most well-known of the bunch is YouTube's Content ID system, which cost $60,000,000 to build, and which works by filtering the audio tracks of videos to categorise them. Rightsholders are adamant that Content ID doesn't work nearly well enough, missing all kinds of copyrighted works, while YouTube users report rampant overmatching, in which legitimate works are censored by spurious copyright claims: NASA gets blocked from posting its own Mars rover footage; classical pianists are blocked from posting their own performances , birdsong results in videos being censored , entire academic conferences lose their presenters' audio because the hall they rented played music at the lunch-break--you can't even post silence without triggering copyright enforcement. Besides that, there is no bot that can judge whether something that does use copyrighted material is fair dealing. Fair dealing is protected under the law, but not under Content ID.

If Content ID is a prototype, it needs to go back to the drawing board. It overblocks (catching all kinds of legitimate media) and underblocks (missing stuff that infuriates the big entertainment companies). It is expensive, balky, and ineffective.

It's coming soon to an Internet near you.

On Wednesday, the EU will vote on whether the next Copyright Directive will include Article 13, which makes Content-ID-style filters mandatory for the whole Internet, and not just for the soundtracks of videos--also for the video portions, for audio, for still images, for code, even for text. Under Article 13, the services we use to communicate with one another will have to accept copyright claims from all comers, and block anything that they believe to be a match.

This measure will will censor the Internet and it won't even help artists to get paid.

Let's consider how a filter like this would have to work. First of all, it would have to accept bulk submissions. Disney and Universal (not to mention scientific publishers, stock art companies, real-estate brokers, etc) will not pay an army of data-entry clerks to manually enter their vast catalogues of copyrighted works, one at a time, into dozens or hundreds of platforms' filters. For these filters to have a hope of achieving their stated purpose, they will have to accept thousands of entries at once--far more than any human moderator could review.

But even if the platforms could hire, say, 20 percent of the European workforce to do nothing but review copyright database entries, this would not be acceptable to rightsholders. Not because those workers could not be trained to accurately determine what was, and was not, a legitimate claim--but because the time it would take for them to review these claims would be absolutely unacceptable to rightsholders.

It's an article of faith among rightsholders that the majority of sales take place immediately after a work is released, and that therefore infringing copies are most damaging when they're available at the same time as a new work is released (they're even more worried about pre-release leaks).

If Disney has a new blockbuster that's leaked onto the Internet the day it hits cinemas, they want to pull those copies down in seconds, not after precious days have trickled past while a human moderator plods through a queue of copyright claims from all over the Internet.

Combine these three facts:

  1. Anyone can add anything to the blacklist of copyrighted works that can't be published by Internet users;

  2. The blacklists have to accept thousands of works at once; and

  3. New entries to the blacklist have to go into effect instantaneously.

It doesn't take a technical expert to see how ripe for abuse this system is. Bad actors could use armies to bots to block millions of works at a go (for example, jerks could use bots to bombard the databases with claims of ownership over the collected works of Shakespeare, adding them to the blacklists faster than they could possibly be removed by human moderators, making it impossible to quote Shakespeare online).

But more disturbing is targeted censorship: politicians have long abused takedown to censor embarrassing political revelations or take critics offline , as have violent cops and homophobic trolls .

These entities couldn't use Content ID to censor the whole Internet: instead, they had to manually file takedowns and chase their critics around the Internet. Content ID only works for YouTube -- plus it only allows trusted rightsholders to add works wholesale to the notice and staydown database, so petty censors are stuck committing retail copyfraud.

But under Article 13, everyone gets to play wholesale censor, and every service has to obey their demands: just sign up for a rightsholder account on a platform and start telling it what may and may not be posted. Article 13 has no teeth for stopping this from happening: and in any event, if you get kicked off the service, you can just pop up under a new identity and start again.

Some rightsholder lobbyists have admitted that there is potential for abuse here, they insist that it will all be worth it, because it will get artists paid. Unfortunately, this is also not true.

For all that these filters are prone to overblocking and ripe for abuse, they are actually not very effective against someone who actually wants to defeat them.

Let's look at the most difficult-to-crack content filters in the world: the censoring filters used by the Chinese government to suppress politically sensitive materials. These filters have a much easier job than the ones European companies will have to implement: they only filter a comparatively small number of items, and they are built with effectively unlimited budgets, subsidized by the government of one of the world's largest economies, which is also home to tens of millions of skilled technical people, and anyone seeking to subvert these censorship systems is subject to relentless surveillance and risks long imprisonment and even torture for their trouble.

Those Chinese censorship systems are really, really easy to break , as researchers from the University of Toronto's Citizen Lab demonstrated in a detailed research report released a few weeks ago.

People who want to break the filters and infringe copyright will face little difficulty. The many people who want to stay on the right side of the copyright --but find themselves inadvertently on the wrong side of the filters--will find themselves in insurmountable trouble, begging for appeal from a tech giant whose help systems all dead-end in brick walls. And any attempt to tighten the filters to catch these infringers, will of course, make it more likely that they will block non-infringing content.

A system that allows both censors and infringers to run rampant while stopping legitimate discourse is bad enough, but it gets worse for artists.

Content ID cost $60,000,000 and does a tiny fraction of what the Article 13 filters must do. When operating an online platform in the EU requires a few hundred million in copyright filtering technology, the competitive landscape gets a lot more bare. Certainly, none of the smaller EU competitors to the US tech giants can afford this.

On the other hand, US tech giants can afford this (indeed, have pioneered copyright filters as a solution , even as groups like EFF protested it ), and while their first preference is definitely to escape regulation altogether, paying a few hundred million to freeze out all possible competition is a pretty good deal for them.

The big entertainment companies may be happy with a deal that sells a perpetual Internet Domination License to US tech giants for a bit of money thrown their way, but that will not translate into gains for artists. The fewer competitors there are for the publication, promotion, distribution and sale of creative works, the smaller the share will be that goes to creators.

We can do better: if the problem is monopolistic platforms (and indeed, monopolistic distributors ), tackling that directly as a matter of EU competition law would stop those companies from abusing their market power to squeeze creators. Copyright filters are the opposite of antitrust, though: it will make the biggest companies much bigger, to the great detriment of all the little guys in the entertainment industry and in the market for online platforms for speech.

 

 

Won't somebody think of the musicians...

Anthea McIntyre MEP on unfair copyright


Link Here 11th September 2018
Full story: Copyright in the EU...Copyright law for Europe

I appreciate your concerns regarding the new Copyright reform proposals. However, the objective of Article 13 is to make sure authors, such as musicians, are appropriately paid for their work, and to ensure that platforms fairly share revenues which they derive from creative works on their sites with creators. I will be voting for new text which seeks to exclude small and microenterprise platforms from the scope and to introduce greater proportionality for SMEs.

In the text under discussion, if one of the main purposes of a platform is to share copyright works, if they optimise these works and also derive profit from them, the platform would need to conclude a fair license with the rightholders, if rightholders request this. If not, platforms will have to check for and remove specific copyright content once this is supplied from rightholders. This could include pirated films which are on platforms at the same time as they are shown at the cinema. However, if a platform's main purpose is not to share protected works, it does not optimise copyright works nor to make profit from them, it would not be required to conclude a license. There are exemptions for online encyclopaedias (Wikipedia), sites where rightholders have approved to the uploading of their works and software platforms, while online market places (including Ebay) are also out of the scope.

Closing this value gap is an essential part of the Copyright Directive, which Secretary of State Matthew Hancock supports addressing . My Conservative colleagues and I support the general policy justification behind it, which is to make sure that platforms are responsible for their sites and that authors are fairly rewarded and incentivised to create work. Content recognition will help to make sure creators, such as song writers, can be better identified and paid fairly for their work. Nevertheless, this should not be done at the expense of users' rights. We are dedicated to striking the right balance between adequately rewarding rightholders and safeguarding users' rights. There are therefore important safeguards to protect users' rights, respect data protection, and to make sure that only proportionate measures are taken.

I will therefore be supporting the mandate to enter into trilogue negotiations tomorrow so that the Directive can become law.

[Surely one understand that musicians are getting a bit of a rough deal from the internet giants and one can see where McIntyre is coming from. However it is clear that little thought has been made into how rules will pan out in the real profit driven world where the key take holders are doing their best for their shareholders, not the European peoples. It is surely driving the west into poverty when laws are so freely passed just to do a few nice things, whilst totally ignoring the cost of destroying people's businesses and incomes].

Offsite Comment: ...And from the point of view of the internet giants

EU copyright war a shame, says big tech lobby

See  article from channelnewsasia.com. Siada El Ramly, the executive director of EDiMA, the association that defends the interests of online platforms in Brussels

 

 

Conveniently forgetting that China, Russia and Saudi may demand the same...

European Court of Justice hears case with France calling for its information bans under the 'right to be forgotten' to be implemented throughout the World.


Link Here 10th September 2018
Full story: The Right to be Forgotten...Bureaucratic censorship in the EU

ARTICLE 19 is leading a coalition of international human rights organisations, who will tell the European Court of Justice (CJEU) that the de-listing of websites under the right to be forgotten should be limited in order to protect global freedom of expression. The hearing will take place on September 11 with a judgment expected in early 2019.

The CJEU hearing in Google vs CNIL is taking place after France's highest administrative court asked for clarification in relation to the 2014 ruling in Google Spain. This judgment allows European citizens to ask search engines like Google to remove links to inadequate, irrelevant or ... excessive content -- commonly known as the right to be forgotten (RTBF). While the content itself remains online, it cannot be found through online searches of the individual's name.

The CJEU has been asked to clarify whether a court or data regulator should require a search engine to de-list websites only in the country where it has jurisdiction or across the entire world.

France's data regulator, the Commission Nationale de l'Informatique et des Libertes (CNIL) has argued that if they uphold a complaint by a French citizen, search engines such as Google should not only be compelled to remove links from google.fr but all Google domains.

ARTICLE 19 and the coalition of intervening organisations have warned that forcing search engines to de-list information on a global basis would be disproportionate. Executive Director of ARTICLE 19, Thomas Hughes said:

This case could see the right to be forgotten threatening global free speech. European data regulators should not be allowed to decide what Internet users around the world find when they use a search engine. The CJEU must limit the scope of the right to be forgotten in order to protect the right of Internet users around the world to access information online.

ARTICLE 19 argues that rights to privacy and rights to freedom of expression must be balanced when it comes to making deciding whether websites should be de-listed. Hughes added:

If European regulators can tell Google to remove all references to a website, then it will be only a matter of time before countries like China, Russia and Saudi Arabia start to do the same. The CJEU should protect freedom of expression not set a global precedent for censorship.

 

 

Offsite Article: Showdown on censorship machines and the link tax...


Link Here 7th September 2018
Full story: Copyright in the EU...Copyright law for Europe
These are the options in front of MEPs on September 12

See article from juliareda.eu

 

 

The rise of the machines...

The EFF on Why the Whole World Should Be Up in Arms About the EU's Looming Internet Catastrophe


Link Here 6th September 2018
Full story: Copyright in the EU...Copyright law for Europe

In exactly one week, the European Parliament will hold a crucial debate and vote on a proposal so terrible , it can only be called an extinction-level event for the Internet as we know it.

At issue is the text of the new EU Copyright Directive, which updates the 17-year-old copyright regulations for the 28 member-states of the EU. It makes a vast array of technical changes to EU copyright law, each of which has stakeholders rooting for it, guaranteeing that whatever the final text says will become the law of the land across the EU.

The Directive was pretty uncontroversial, right up to the day last May when the EU started enforcing the General Data Protection Regulation (GDPR), a seismic event that eclipsed all other Internet news for weeks afterward. On that very day, a German MEP called Axl Voss quietly changed the text of the Directive to reintroduce two long-discarded proposals -- "Article 11" and "Article 13" -- proposals that had been evaluated by the EU's own experts and dismissed as dangerous and unworkable.

Under Article 11 -- the " link tax " -- online services are banned from allowing links to news services on their platforms unless they get a license to make links to the news; the rule does not define "news service" or "link," leaving 28 member states to make up their own definitions and leaving it to everyone else to comply with 28 different rules.

Under Article 13 -- the " censorship machines " -- anyone who allows users to communicate in public by posting audio, video, stills, code, or anything that might be copyrighted -- must send those posts to a copyright enforcement algorithm. The algorithm will compare it to all the known copyrighted works (anyone can add anything to the algorithm's database) and censor it if it seems to be a match.

These extreme, unworkable proposals represent a grave danger to the Internet. The link tax means that only the largest, best-funded companies will be able to offer a public space where the news can be discussed and debated. The censorship machines are a gift to every petty censor and troll (just claim copyright in an embarrassing recording and watch as it disappears from the Internet!), and will add hundreds of millions to the cost of operating an online platform, guaranteeing that Big Tech's biggest winners will never face serious competition and will rule the Internet forever.

That's terrible news for Europeans, but it's also alarming for all the Internet's users, especially Americans.

The Internet's current winners -- Google, Facebook, Twitter, Apple, Amazon -- are overwhelmingly American, and they embody the American regulatory indifference to surveillance and privacy breaches.

But the Internet is global, and that means that different regions have the power to export their values to the rest of the world. The EU has been a steady source of pro-privacy, pro-competition, public-spirited Internet rules and regulations, and European companies have a deserved reputation for being less prone to practicing " surveillance capitalism " and for being more thoughtful about the human impact of their services.

In the same way that California is a global net exporter of lifesaving emissions controls for vehicles, the EU has been a global net exporter of privacy rules, anti-monopoly penalties, and other desperately needed corrections for an Internet that grows more monopolistic, surveillant, and abusive by the day.

Many of the cheerleaders for Articles 11 and 13 talk like these are a black eye for Google and Facebook and other U.S. giants, and it's true that these would result in hundreds of millions in compliance expenditures by Big Tech, but it's money that Big Tech (and only Big Tech) can afford to part with. Europe's much smaller Internet companies need not apply.

It's not just Europeans who lose when the EU sells America's tech giants the right to permanently rule the Internet: it's everyone, because Europe's tech companies, co-operatives, charities, and individual technologists have the potential to make everyone's Internet experience better. The U.S. may have a monopoly on today's Internet, but it doesn't have a monopoly on good ideas about how to improve tomorrow's net.

The global Internet means that we have friends and colleagues and family all over the world. No matter where you are in the world today, please take ten minutes to get in touch with two friends in the EU , send them this article, and then ask them to get in touch with their MEPs by visiting Save Your Internet .

Take Action

There's only one Internet and we all live on it. Europeans rose up to kill ACTA , the last brutal assault on Internet freedom, helping Americans fight our own government's short-sighted foolishness; now the rest of the world can return the favor to our friends in the EU.

 

 

Your internet is under threat...

Here's why you should care about European Copyright Reform


Link Here 5th September 2018
Full story: Copyright in the EU...Copyright law for Europe

Back in 2001, the European Parliament came together to pass regulations and set up copyright laws for the internet, a technology that was just finding its footing after the dot com boom and bust. Wikipedia had just been born, and there were 29 million websites. No one could imagine the future of this rapidly growing ecosystem -- and today, the internet is even more complex. Over a billion websites, countless mobile apps, and billions of additional users. We are more interconnected than ever. We are more global than ever. But 17 years later, the laws that protect this content and its creators have not kept up with the exponential growth and evolution of the web.

Next week, the European Parliament will decide how information online is shared in a vote that will significantly affect how we interact in our increasingly connected, digital world. We are in the last few moments of what could be our last opportunity to define what the internet looks like in the future. The next wave of proposed rules under consideration by the European Parliament will either permit more innovation and growth, or stifle the vibrant free web that has allowed creativity, innovation, and collaboration to thrive. This is significant because copyright does not only affect books and music, it profoundly shapes how people communicate and create on the internet for years to come.

This is why we must remember the original objective for this update to the law: to make copyright rules that work for better access to a quickly-evolving, diverse, and open internet.

The very context in which copyright operates has changed completely. Consider Wikipedia, a platform which like much of the internet today, is made possible by people who act as consumers and creators. People read Wikipedia, but they also write and edit articles, take photos for Wikimedia Commons, or contribute to other Wikimedia free knowledge projects. Content on Wikipedia is available under a free license for anyone to use, copy, or remix.

Every month, hundreds of thousands of volunteers make decisions about what content to include on Wikipedia, what constitutes a copyright violation, and when those decisions need to be revised . We like it this way -- it allows people, not algorithms, to make decisions about what knowledge should be presented back to the rest of the world.

Changes to the EU Directive on Copyright in the Digital Single Market could have serious implications for Wikipedia and other independent and nonprofit websites like it.

The internet today is collaborative and open by nature. And that is why our representatives to the EU must institute policies that promote the free exchange of information online for everyone.

We urge EU representatives to support reform that adds critical protections for public domain works of art, history, and culture, and to limit new exclusive rights to existing works that are already free of copyright.

The world should be concerned about new proposals to introduce a system that would automatically filter information before it appears online. Through pre-filtering obligations or increased liability for user uploads, platforms would be forced to create costly, often biased systems to automatically review and filter out potential copyright violations on their sites. We already know that these systems are historically faulty and often lead to false positives. For example, consider the experience of a German professor who repeatedly received copyright violation notices when using public domain music from Beethoven, Bartók, and Schubert in videos on YouTube.

The internet has already created alternative ways to manage these issues. For instance, Wikipedia contributors already work hard to catch and remove infringing content if it does appear. This system, which is largely driven by human efforts, is very effective at preventing copyright infringement.

Much of the conversation surrounding EU copyright reform has been dominated by the market relationships between large rights holders and for-profit internet platforms. But this small minority does not reflect the breadth of websites and users on the internet today. Wikipedians are motivated by a passion for information and a sense of community. We are entirely nonprofit, independent, and volunteer-driven. We urge MEPs to consider the needs of this silent majority online when designing copyright policies that work for the entire internet.

As amendments to the draft for a new Copyright Directive are considered, we urge the European Parliament to create a copyright framework that reflects the evolution of how people use the internet today. We must remember the original problem policymakers set out to solve: to bring copyright rules in line with a dramatically larger, more complex digital world and to remove cross-border barriers. We should remain true to the original vision for the internet -- to remain an open, accessible space for all.

 

 

Campaign: RoboCopyright Returns...

The EU inevitably comes up with even worse internet censorship proposals than were voted down in the summer


Link Here 4th September 2018

In July MEPs voted down plans to fast-track the Copyright Directive, derailing Article 13's plan to turn Internet platforms into copyright enforcers.

Yet the fight to stop Article 13's vision of the Internet - one where all speech is approved or rejected by an automated upload filter - is not over.

On 12 September MEPs will vote once again, but this time as of yet unknown amendments will be added to the mix. Bad ideas like Article 13 - and perhaps worse - will be voted on individually, so it's not a simple up or down vote. To identify and oppose bad amendments, MEPs must understand exactly why Article 13 threatens free speech.

Many MEPs are undecided. Please write to them now. You can use the points below to construct your own unique message. IF YOU'RE OUTSIDE THE UK use this tool instead: https://saveyourinternet.eu .

  • Oppose changes to Internet platform liability. If platforms become liable for user content, they will have no choice but to scan all uploads with automated filters.

  • Say no to upload filters. Filters struggle to identify the vital legal exceptions to copyright that enable research, commentary, creative works, parody and more. Poor judgement means innocent speech gets blocked along with copyright violations.

  • Internet companies do not make good copyright enforcers. To avoid liability penalties, platforms will err on the side of caution and over-block.

  • Free speech takes precedence over copyright. Threatening free expression is way too high a price to pay for the sake of copyright enforcement.

  • General monitoring of all content is technically infeasible. No filter can possibly review every form of content covered in Article 13's extraorindarily wide mandate which includes text, audio, video, images and software.

  • If you are part of a tech business, or a creator, like a musician, photographer, video editor or a writer, let your MEP know!

Background

See  article from openrightsgroup.org

We need copyright reform that does not threaten free expression The controversial Copyright Directive is fast approaching another pivotal vote on 12 September. For the third time in half a year MEPs will decide whether Article 13 - or something even worse - will usher in a new era, where all content is approved or rejected by automated gatekeepers.

Seen through an economic lens the Directive's journey is viewed as a battle between rights holders and tech giants. Yet a growing chorus of ordinary citizens, Internet luminaries, human rights organisations and creatives have rightly expanded the debate to encompass the missing human dimension.

Open Rights Group opposes Article 13 - or any new amendments proposing similar ideas - because it poses a real threat to the fundamental right to free speech online.

Free speech defenders claimed a victory over industry lobbyists this summer when MEPs rejected plans to fast-track the Directive and a lasting triumph is now in reach. UK residents are in an especially strong position to make a difference because many of their MEPs remain undecided. Unlike some other EU states, voting patterns aren't falling strictly on party lines in the UK.

This time new amendments will be added, and the underlying principles of Article 13 will again face a vote. They include:

Changes to Internet platform liability

If Internet platforms become directly liable for user content, they will become de facto copyright enforcers. This will leave them little choice but to introduce general monitoring of all user content with automated filters. Companies are not fit to police free speech. To avoid penalties they will err on the side of caution and over-block user content.

The Implicit or explicit introduction of upload filters

Everything we know about automated filters shows they struggle to comprehend context. Yet identifying the vital legal exceptions to copyright that enable research, commentary, creative works, parody and more requires a firm grasp of context. An algorithm's poor judgement will cause innocent speech to be routinely blocked along with copyright violations.

The introduction of general monitoring

General monitoring of all user content is a step backwards for a free and open Internet. It is also technically infeasible to monitor every form of content covered in Article 13's extraordinarily wide mandate which includes text, audio, video, images and software.

Outspoken Article 13 cheerleader Axel Voss MEP said "Censorship machines is not what we intend to implement and no one in the European Parliament wants that." This is what happens when copyright reform is pursued with little consideration to human rights.

The proposals within Article 13 would change the way that the Internet works, from free and creative sharing, to one where anything can be removed without warning, by computers. This is far too high a price to pay for copyright enforcement. We need a copyright reform which does not sacrifice fundamental human and digital rights.

 

 

Trouble averted...

Geert Wilders cancels his Mohammed cartoon contest


Link Here 1st September 2018
Dutch right-wing leader Geert Wilders has cancelled his Prophet Mohammed cartoon contest after receiving credible death threats. He said in a statement:

I have decided to cancel the competition to avoid the risk of making people victims of Islamist violence. I don't want Muslims to use the cartoon competition as an excuse for Islamist violence.

He added that those against the cartoon event see not only me, but the entire Netherlands as a target.

It is surely a retreat for the western ideals of free speech but generally most are happy that a trigger point for violence has been voided. Tom Rogan commented in the Washington Examiner:

Unfortunately, this ideal is increasingly under threat in the West. And while it's true that Islamic extremists continue to deter and intimidate contravening voices in the name of tolerance, the major threat to Western free speech takes root in an alignment of leftist and centrist voices. These voices and their lobbying efforts in government and in the private sector put forward the notion that emotion is more important than ideas. And the ideal that some ears are more equal than others. Here, I speak of the politicians who censor speech on the great commons of social media, of the leftist celebrities who assert that it is good to punch Nazis, and of the academics who believe historic wrongs are resolved by histrionic censorship.

It is these Western authoritarians veiled in liberal cloaks that Wilders has yielded to. But it is not just these. By now presenting himself as a martyr for free expression, Wilders will be able to attract more moderate Dutch voters to his political cause. And considering that Wilders controls the second-largest political party in the Dutch parliament, his political potential here is obvious. We should not wish for that outcome. Wilders, after all, is a prejudiced man who seeks his own aggrandisement before all else.

 

 

Love Censorship...

Music companies and European journalists in campaign for a massive step up in internet censorship as they see it as helping them to claim more money from the internet giants


Link Here 28th August 2018

In 15 days' time, MEPs will again vote on censorship machines and link tax in copyright proposals of Article 13. The legislation would see platforms such as YouTube compelled to introduce upload filters, to prevent unlicensed content being offered to the public. A new 'Love Music' campaign, bankrolled by powerful industry players, aims to ensure a thumbs-up from MEPs. But the opposition is out, in force.

In 2016, the European Commission announced plans to modernize EU copyright law, something that was to later develop into a worldwide controversy. A major part of the proposal is Article 13, a text that aims to make online services liable for uploaded content unless they take effective and proportionate measures to prevent copyright infringements. The implication is that platforms such as YouTube would be compelled to implement upload filtering and then proactively monitor to prevent future infringing uploads.

The #LOVEMUSIC campaign site asks visitors to add their signature to the Make Internet Fair petition, which calls on EU decision-makers to recognize that platforms like YouTube are involved in reproducing and making our works available under copyright laws and ensure that the safe harbor non-liability regime does not apply to them as it is meant for technical intermediaries only.

While most protests are taking place on the Internet, the platform that will be most affected by Article 13, opponents of the proposed legislation have been urged to gather in public too. Julia Reda MEP previously published details of a day of action to take place yesterday in various locations around Europe, but that will be just the tip of the protest iceberg as September 12th draws closer.

Following their shock defeat in July, major players in the music industry called foul, claiming that the protests had been automated and organized by big tech, something addressed by Reda recently. She wrote:

They're claiming the protest was all fake, generated by bots and orchestrated by big internet companies. According to them, Europeans don't actually care about their freedom of expression.

We don't actually care about EU lawmaking enough to make our voices heard. We will just stand idly by as our internet is restricted to serve corporate interests.

To prove these predictions wrong, one of the focal points of the 'NO' campaign is a Change.org petition . At the time of writing it has in excess of 951,000 signatories, with the million target probably just a few days away.

But it is not just the music companies that are 'Love Censorship'. Journalists from 20 countries joined the call for European MPs to approve the censorship proposals. News companies also see the article 13 censorship rules as helping them to claim more money from the internet giants.

An open letter signed by more than 100 prominent journalists from major news outlets warns that the internet companies are fleecing of the media of their rightful revenue was morally and democratically unjustifiable. The letter written by AFP foreign correspondent Sammy Ketz says:

We have become targets and our reporting missions cost more and more. Yet, even though (the media) pay for the content and send the journalists who will risk their lives to produce a trustworthy, thorough and diverse news service, it is not they who reap the profits but the internet platforms, which help themselves without paying a cent.

It is as if a stranger came along and shamelessly snatched the fruits of your labour.

Critics, however, argue the reform will lead to blanket censorship by tech platforms that have become an online hub for creativity, especially YouTube. They say it will also restrict the usage of memes and remixes by everyday internet surfers.

Unfortunately the numbers taking to the street in protests yesterday weren't too great. Between 80 and 150 people came to the protest in Berlin, according to various estimates, but most other events seemed to have fewer than two dozen. Based on photographs shared online, it seems that all of the protests combined drew between 500 and 800 people in total.

It would be foolish to expect a million people to take to the streets over copyright legislation, and the lack of protest doesn't prove that Europeans don't object to Article 13. Certainly, some do. But the actual number seems smaller than hoped.

 

 

Extremist Censorship Requirements...

European Commission outlines its plans for direct and immediate censorship control of the internet


Link Here 21st August 2018
Full story: Internet Censorship in EU...EU proposes mandatory cleanfeed for all member states
Internet companies will have to delete content claimed to be extremist on their platforms within an hour or face being fined, under new censorship plans by the European Commission.

The proposals will be set out in draft regulation due to be published next month, according to The Financial Times.

Julian King, the EU's commissioner for security, told the newspaper that Brussels had not seen enough progress, when it came to the sites clamping down on terror-related material.

Under the rules, which would have to be agreed by a majority of EU member states, the platforms would have an hour to remove the material, a senior official told the newspaper.

The rules would apply to all websites, regardless of their size. King told the FT:

The difference in size and resources means platforms have differing capabilities to act against terrorist content and their policies for doing so are not always transparent.

All this leads to such content continuing to proliferate across the internet, reappearing once deleted and spreading from platform to platform.

Of course the stringent requirements are totally impractical for small companies, and so no doubt will further strengthen the monopolies of US companies with massive workforces.

And of course a one hour turn around gives absolutely no one time to even consider whether the censorship requests are fair or reasonable and so translates into a tool for direct state censorship of the internet.

 

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