Internet Free Expression

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A Step Towards Surveillance Transparency

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 5:14pm

When Google published its first government transparency report in 2010, critics of the company showered praise upon the company, and rightly so. At a time when other internet companies were fearful of "stick[ing] their head up" by publishing surveillance statistics, Google boldly led the way. In recent years, Twitter, Microsoft, Dropbox, LinkedIn, Sonic.Net, SpiderOak and Silent Circle all followed, and received well deserved praise for doing so from public interest advocates.

Should Facebook Censor Misogynistic Material?

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 9:57am

The New York Times ran an article yesterday about pressure that is mounting on Facebook to censor websites full of awful misogynistic material. The company said it was reviewing its processes for dealing with content under its hate speech policy.

CISPA Remains Fatally Flawed After Secret Committee Markup

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 12:20pm

The House Permanent Select Committee on Intelligence on Wednesday marked up CISPA, the controversial cybersecurity bill that allows companies to share their customers' sensitive internet information with each other and the government. The bill's sponsors and corporations are not only declaring victory, but aggressively arguing that all privacy and civil liberties problems have been solved.

This couldn't be further from the truth.

We have flagged four general categories of problems in CISPA that have to be fixed before it is passed, and the markup only substantially fixed one of them:

Petraeus and the Perils of Federal Cyber-Stalking Laws

By Gabe Rottman, Legislative Counsel, ACLU Washington Legislative Office at 10:52am

The Petraeus Affair Affair is salacious stuff. It also, naturally, raises a lot of questions about privacy. But there’s also an interesting First Amendment angle underneath the sensation: why did the FBI investigate Paula Broadwell—the Petraeus biographer and paramour who allegedly sent “harassing” emails to Tampa housewife Jill Kelley—in the first place? The Daily Beast reported Tuesday that none of the Broadwell emails contained “overt threats,” and really amounted to “cat-fight stuff” (a source’s words, not mine). Further, it appears the email that initially prompted Kelley to go to the FBI (titled “kelleypatrol”) was forwarded by General Allen, not sent directly. And, apparently, prosecutors expressed doubt that any of the emails constituted a threat.

ICE Domain Name Seizures Threaten Due Process and First Amendment Rights

By Agatha M. Cole at 4:54pm

Guest blogger Agatha M. Cole is a J.D. candidate, Cardozo Law School, Class of 2013

The ongoing controversy surrounding domain name seizures under "Operation In Our Sites" seems to be reaching new heights. DHS launched Operation In Our Sites in 2010 to combat online piracy and the proliferation of counterfeit goods on the Internet. Since then, Immigration and Customs Enforcement (ICE) has shut down over 758 websites allegedly involved in the sale or distribution of counterfeit goods or illegal copyrighted works.

Help Preserve the Legacy of Aaron Swartz

By Taren Stinebrickner-Kauffman, Political Activist at 10:15am

On January 11, 2013, facing decades in prison on trumped up charges, my partner, Aaron Swartz, made the tragic choice to take his own life. He was only 26.

Aaron's supposed crime? He was accused of checking out too many articles (4.8 million), too fast, from an online academic library called JSTOR, to which he had authorized access. He never used or distributed the articles and later returned them. For that, he faced 35 years behind bars and endured two years of relentless persecution.

Who’s a Radical Now?

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 11:10am

The Bipartisan Policy Center published a report last week called, “Countering Online Radicalization in America,” which strongly endorsed First Amendment principles in rejecting censorship as an appropriate tactic for addressing violent extremist content on the Internet.  The report evaluated the many methods governments around the world use to censor the Internet – including filtering or blacklisting online content, taking down websites (either through legal means, cyber attacks or appealing to private sector providers), and prosecuting Internet content producers – and rejected them all as both ineffective in stopping the spread of undesirable ideas, and an affront to American values: “For the United States, the cost-benefit analysis would be even clearer:  with its long and cherished tradition of free speech, the creation of a nationwide system of censorship is virtually inconceivable.”  But the BPC’s positive recommendations are potentially undermined by its continuing embrace of a radicalization theory that draws too close a causal connection between “radical” ideas and violent action.

Apple, Drone Strikes, and the Limits of Censorship

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 2:55pm

Wired reported last week that the Apple App Store has rejected an app that compiles news reports in order to map overseas U.S. drone strikes, and provide users a pop-up notification whenever a drone strike has been reported.

Apple rejected the app several times, at first citing problems with its functionality, and then telling the developer that the app “contains content that many audiences would find objectionable.”

Internet Freedom is Worth Fighting For

By Ateqah Khaki at 5:02pm

The ACLU and dozens of other organizations – including Free Press and the Electronic Frontier Foundation – have teamed up to create the Declaration of Internet Freedom, which sets for a set of principles providing a positive vision to preserve the Internet as a platform for speech, innovation and creativity.

Hurray for Google Transparency, Now Where is Everyone Else?

By Chris Calabrese, Legislative Counsel, ACLU Washington Legislative Office at 3:16pm

Google released its latest transparency report today. They’ve made some interesting additions and the overall number of government requests is on the rise. But before we get to that, there is one major overriding point: good for Google and where is everybody else? The only other major company to release these types of numbers is Twitter. Where are Verizon and Facebook and Microsoft? How about AT&T, Amazon or Comcast? I could make this list endless but the major salient fact is that Google has paved the way (this is their 7th report) and there hasn’t exactly been a stampede to follow suit.

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