The UN Cybercrime Draft Convention is a Blank Check for Surveillance Abuses

The United Nations Ad Hoc Committee is just weeks away from finalizing a too-broad Cybercrime Draft Convention. This draft would normalize unchecked domestic surveillance and rampant government overreach, allowing serious human rights abuses around the world.

The latest draft of the convention—originally spearheaded by Russia but since then the subject of two and a half years of negotiations—still authorizes broad surveillance powers without robust safeguards and fails to spell out data protection principles essential to prevent government abuse of power.

As the August 9 finalization date approaches, Member States have a last chance to address the convention’s lack of safeguards: prior judicial authorization, transparency, user notification, independent oversight, and data protection principles such as transparency, minimization, notification to users, and purpose limitation. If left as is, it can and will be wielded as a tool for systemic rights violations.

Countries committed to human rights and the rule of law must unite to demand stronger data protection and human rights safeguards or reject the treaty altogether. These domestic surveillance powers are critical as they underpin international surveillance cooperation

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Indiana and Mississippi Are Sued Over Online Age Verification Digital ID Laws

A group associated with big (and smaller) tech companies has filed a lawsuit claiming First Amendment violations against the state of Mississippi.

This comes after long years of these companies scoffing at First Amendment speech protections, as they censored their users’ speech and/or deplatformed them.

We obtained a copy of the lawsuit for you here.

It might seem hypocritical, but at the same time, even a broken clock is right twice a day. In this case, it is the industry group NetChoice that has launched the legal battle (NetChoice v. Fitch), at the center of which is state bill HB 1126 which requires age verification to be implemented on social networks.

NetChoice correctly observes that forcing people (for the sake of providing parental consent) to essentially unmask themselves through age verification (“age assurance”) exposes sensitive personal data, undermines their constitutional rights, and poses a threat to the online security of all internet users.

The filing against Mississippi also asserts that it is up to parents – rather than what NetChoice calls “Big Government” – to, in different ways, assure that their children are using sites and online services in an age-appropriate manner.

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Trudeau Pushes Online Censorship Bill To “Protect” People From “Misinformation”

Canadian Prime Minister Justin Trudeau last week complained that governments have allegedly been left without the necessary tools to “protect people from misinformation.”

This “dire” warning came as part of Trudeau’s effort to have the Online Harms Act (Bill C-63) – one of the most controversial of its kind pieces of censorship legislation in Canada of late – pushed across the finish line in the country’s parliament.

C-63 has gained notoriety among civil rights and privacy advocates because of some of its provisions around “hate speech,” “hate propaganda,” and “hate crime.”

Under the first two, people would be punished before they commit any transgression, but also retroactively.

However, in a podcast interview for the New York Times, Trudeau defended C-63 as a solution to the “hate speech” problem, and clearly, a necessary “tool,” since according to this politician, other avenues to battle real or imagined hate speech and crimes resulting from it online have been exhausted.

Not one to balk at speaking out of both sides of his mouth, Trudeau at one point essentially admits that the more control governments have (and the bill is all about control, critics say, regardless of how its sponsors try to sugarcoat it) the more likely they are to abuse it.

He nevertheless goes on to declare that new legislative methods of “protecting people from misinformation” are needed and, in line with this, talk up C-63 as some sort of balanced approach to the problem.

But it’s difficult to see that “balance” in C-63, which is currently debated in the House of Commons. If it becomes law, it will allow the authorities to keep people under house arrest should they decide these people could somewhere down the line commit “hate crime or hate propaganda” – a chilling application of the concept of “pre-crime.”

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New York Passes Online Age Verification Digital ID Law

Lawmakers in New York have passed the Stop Addictive Feeds Exploitation (SAFE) for Kids Act and the Child Data Protection Act.

Assembly Bill A8148A and Senate Bill S7694A (that became the SAFE Act) were introduced as aiming to prevent social platforms from showing minors “addictive” (i.e., algorithmically manipulated) feeds, among a host of other provisions.

Parental consent is now required for children to have access to the latter versions of the feeds – which in turn means that the controversial age verification for adults must be introduced into the mix.

The new rules will not prohibit children from searching for particular keywords but social platforms will not be able to send notifications to their phones “regarding addictive feeds” from midnight to 6 am – again, this will be possible, but only with parental consent.

Could this be the true impetus behind the two bills – to usher in age verification and digital ID, some skeptics might wonder.

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“A First Victory Against Big Tech!” – Belgian Lawmaker Awarded €27k From Meta For Unfair Facebook ‘Shadowban’

Meta, the parent company of Facebook, has been ordered to pay damages in the sum of €27,000 to a Belgian right-wing lawmaker for unfairly limiting his reach on the social media platform, otherwise known as “shadowbanning.”

The Antwerp Court of Appeal ruled on Monday in favor of Tom Vandendriessche, an MEP standing for reelection as the lead candidate for the Flemish separatist party, Vlaams Belang, in Belgium.

The court held that Facebook had unfairly censored Vandendriessche’s account, which currently boasts 234,000 followers, back in February 2021 and had failed to act “in accordance with the principle of good faith” and did not offer “sufficient procedural guarantees” for users who were subjected to such measures. His account was subsequently blocked in May of the same year.

Meta claimed it had acted in accordance with its community guidelines and accused the Belgian lawmaker of posting inappropriate content on the platform, leading to the shadowban. However, Vandendriessche was informed by the social media giant the ban had been lifted at the end of 2021, a claim he contested, as his organic reach remained artificially low.

No ruling was made on this claim, as the court held there was insufficient evidence to prove the account remained subject to adverse measures.

The judgment overruled the court of first instance, which ruled that Belgian courts did not have jurisdiction to decide on the matter, leading to an appeal to the higher court by Vandendriessche.

In a statement following the ruling, the Vlaams Belang politician hailed “a first victory against Big Tech,” insisting that “anonymous technocrats should never dictate what can be said and heard.”

“I hope that this ruling makes it clear to Facebook that they can no longer censor me, and many citizens with me, without consequences,” he added.

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New York’s “SAFE” Digital ID Act For Kids Threatens Online Free Speech and Privacy

Legislators in the state of New York are pushing two new bills to regulate the internet, specifically as it pertains to the way minors use social media – Assembly Bill A8148A and Senate Bill S7694A.

If it succeeds, the law would be the first of its kind in the US, and likely represent a blueprint for other states.

But both acts, dubbed Stop Addictive Feeds Exploitation (SAFE) for Kids, have drawn criticism for bringing up constitutional issues tied to First Amendment rights.

Meanwhile, Governor Kathy Hochul and state lawmakers are said to be close on agreeing on the text of the bills, which are presented as designed to prohibit tech platforms from providing addictive feeds to minors (replacing them with content shown in chronological order), and monetizing their data, among other things.

But how would these platforms ascertain if somebody’s a minor? By requiring that their parents go through the digital ID age verification before they can provide consent on behalf of their children to use a particular social network in a particular way.

And this is where the legislative intent goes against the First Amendment, critics say, as having all online activity tied to a government-issued ID chills free speech and opens data privacy issues.

Somewhat ironically, given their open disregard of the First Amendment in other scenarios, those critics include some of the biggest tech companies.

Constitution and freedom of expression aside – their bottom lines would suffer if the bills pass, and so they find themselves as (no doubt, for both parties) uneasy bedfellows with those who consistently campaign against age verification, manipulated feeds, and data harvesting.

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Google accidentally published internal Search documentation to GitHub

Google apparently accidentally posted a big stash of internal technical documents to GitHub, partially detailing how the search engine ranks webpages. For most of us, the question of search rankings is just “are my web results good or bad,” but the SEO community is both thrilled to get a peek behind the curtain and up in arms since the docs apparently contradict some of what Google has told them in the past. Most of the commentary on the leak is from SEO experts Rand Fishkin and Mike King.

Google confirmed the authenticity of the documents to The Verge, saying, “We would caution against making inaccurate assumptions about Search based on out-of-context, outdated, or incomplete information. We’ve shared extensive information about how Search works and the types of factors that our systems weigh, while also working to protect the integrity of our results from manipulation.”

The fun thing about accidentally publishing to the GoogleAPI GitHub is that, while these are sensitive internal documents, Google technically released them under an Apache 2.0 license. That means anyone who stumbled across the documents was granted a “perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license” to them, so these are freely available online now, like here.

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The internet is disappearing, with a quarter of all webpages from 2013 to 2023 going the way of the dodo

Well, so long and thanks for all the fish. A study from the Pew Research Center entitled “When Online Content Disappears” indicates that our beloved internet may well be disappearing beneath our fingers—with a quarter of all webpages that existed between 2013 and 2023 found to be no longer accessible.

Contrary to the popular perception that everything committed to the interwebs is destined to exist forever, the study revealed that 38% of pages that existed in 2013 alone have now been lost (via The Independent). It doesn’t appear to be an age-related phenomenon, either. 

Even newer pages appear to be performing vanishing acts—eight percent of pages that existed in 2023 were found to be unavailable, too.

The study made use of Common Crawl, an open repository of web crawl data that archives billions of webpages and provides archives and datasets for public use. The researchers took random samples of over a million webpages, before checking the links to see which were still active, and which had gone to the great lost information archive in the sky.

The results showed 23% of news pages and 21% of government websites studied were found to include at least one broken link, while a staggering 54% of Wikipedia pages included a reference link that no longer exists. That’s a lot of facts that can no longer be reasonably checked.

Given the internet’s integral role in modern society (for better or worse) in terms of verifying information, these results are troubling. What with the increasing proliferation of misleading AI content, losing valuable sources of information pre AI-era can’t possibly help.

Compounding this slide into a murky world where verifiable information is increasingly harder to find, a recent study found that 46.9% of all internet traffic could be attributed to bots—many of which may be contributing all sorts of made-up information to further muddy the waters.

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Australia’s eSafety commissioner and the Global Internet Censorship Network

Twitter owner Elon Musk should be thrown in prison, said a senator in Australia yesterday, because he refuses to delete a video of a recent stabbing from Twitter globally. “Whatever Elon Musk is on,” said Senator Jacqui Lambie, “it’s disgusting behaviour. Quite frankly, the bloke should be jailed.”

But what’s truly disgusting behaviour is calling for the incarceration of someone for refusing to censor the entire global Internet on behalf of a single nation. It is not the right of any nation to decide what should be on the Internet around the world. “No president, prime minister, or judge,” responded Musk on Twitter, “has authority over all of Earth!” He’s right.

It’s true that violent content online can be disturbing. I think platforms should put warning labels on them and find some way to prevent minors from seeing it. I also think there are real privacy concerns that should be addressed.

But violence is not the only thing the Australian government has told Twitter to remove. It has also targeted political speech. And nothing can justify the Australian government censoring the entire global Internet of content it does not like.

Many of us, myself included, have long suspected that government censors in Ireland, Scotland and the European Union would attempt to censor the whole of the internet, not just in their own countries. With Brazil and now Australia demanding the power to censor the whole internet, it’s clear that our fears were more than justified.

And now, Public has learned that there is a formal government censorship network called the ‘Global Online Safety Regulators Network’, which Australia’s top internet censor, Julie Inman Grant, who is an American, described at the World Economic Forum. The group includes censors from Australia, France, Ireland, South Africa, Korea, the UK and Fiji.

[Note: The UK’s Office of Communications (“Ofcom”) is one of the seven members of the Global Online Safety Regulators Network.]

But before getting to that, it’s first important to understand just how powerful she is. Here is Julie Inman Grant, boasting of her extraordinary censorship powers. “Yes, we do regulate the platforms. We have a big stick that we can use when we want to … They’re going to be regulated in ways that they don’t want to be regulated.”

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FCC Set To Reinstate Net Neutrality Rules That Seem More Unnecessary Than Ever

Of all the modern technological advances, the internet is certainly one of the most impressive. For most consumers, it went from an inscrutable concept to a ubiquitous presence within a quarter of a century.

We owe much of that explosive growth to the freedom and openness that early internet adopters enjoyed thanks to minimal government regulation.

This week, the Federal Communications Commission (FCC) will likely reinstate net neutrality rules to promote fairness in internet access. But these rules seem less and less necessary all the time, while threatening the very openness that built the internet in the first place.

Net neutrality refers to a regulatory framework where internet service providers (ISPs) “cannot block or throttle internet traffic, or prioritize their business partners or other favorite web sites or services,” according to the Mozilla Foundation. “For example, ISPs can’t slow down your connection to Netflix or Zoom, or speed up a connection to their own favored streaming or video conferencing site. Without Net Neutrality, providers could control what people see and do online, not the consumers who pay for their Internet connections.”

Net neutrality regulations have come and gone under each presidential administration of the past 15 years: The Obama administration implemented rules in 2010 which were struck down in 2014; in 2015, then-FCC Chair Tom Wheeler proposed new rules under which the agency would regulate the internet more aggressively, as a public utility rather than an “information service.” Then in 2017, the FCC under the Trump administration voted to revert back to the pre-2014 rules.

This week, the agency is expected to vote to reimpose net neutrality. If adopted, the “Safeguarding and Securing the Open Internet” draft order would effectively undo the 2017 vote that undid the 2015 rules that replaced the overturned 2010 rules.

But net neutrality is not necessary to safeguard fair and open internet access. The proof is in the numbers: “From 2012 to 2014, the number of Americans without access to both fixed terrestrial broadband and mobile broadband fell by more than half,” the FCC reported in February 2018. “But the pace was nearly three times slower after the adoption of the 2015 Title II Order, with only 13.9 million Americans newly getting access to both over the next two years.”

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