Censorship

China’s already formidable internet censors have demonstrated a new strength—the ability to delete images in one-on-one chats as they are being transmitted, making them disappear before receivers see them. The ability is part of a broader technology push by Beijing’s censors to step up surveillance and get ahead of activists and others communicating online in China. Displays of this new image-filtering capability kicked into high gear recently as Chinese dissident Liu Xiaobo lay dying from liver cancer and politically minded Chinese tried to pay tribute to him, according to activists and a new research report.

Wu Yangwei, a friend of the long-jailed Nobel Peace Prize laureate, said he used popular messaging app WeChat to send friends a photo of a haggard Liu embracing his wife. Wu believed the transmissions were successful, but he said his friends never saw them. “Sometimes you can get around censors by rotating the photo,” said Wu, a writer better known by his pen name, Ye Du. “But that doesn’t always work."

Apparently, China’s government has told telecommunications carriers to block individuals’ access to virtual private networks by Feb. 1, thereby shutting a major window to the global internet. Beijing has ordered state-run telecommunications firms, which include China Mobile, China Unicom and China Telecom, to bar people from using VPNs, services that skirt censorship restrictions by routing web traffic abroad. The clampdown will shutter one of the main ways in which people both local and foreign still manage to access the global, unfiltered web on a daily basis.

In keeping with Chinese President Xi Jinping’s “cyber sovereignty” campaign, the government now appears to be cracking down on loopholes around the Great Firewall, a system that blocks information sources from Twitter and Facebook to news websites such as the New York Times and others.

Twenty years ago, on June 26, 1996, the US Supreme Court unanimously decided Reno v. American Civil Liberties Union, which found the communications decency provisions of the Telecommunications Act of 1996 to be unconstitutional. Applying strict scrutiny under the First Amendment, the Supreme Court concluded that unlike broadcasting – where the Federal Communications Commission’s indecency regulation has been upheld due to the unique characteristics of that medium – no content regulation with a justification of online child protection would be allowed. This means that there continues to be no content restrictions on what American internet users can send or receive.

Viewed in contemporary context, two lessons from Reno v. ACLU endure. First, as a constitutional law matter, there is a firewall for US government restrictions on any non-obscene online content. In turn, this virtually unfettered freedom has fueled the pervasiveness of the internet in our lives. Remember, Facebook and the world of online apps – which now exceed websites as the go-to sources online – did not even exist then. Mark Zuckerberg was only 13 years old when the court decision was released, and other app content pioneers such as Snapchat’s Evan Spiegel were still in elementary school.

This leads to the case’s second legacy, which is more implicit but also of great importance. Given the continuing inability to predict the speed and scale of internet development or changing consumer preferences, there seems to be a subtext in that government may find it difficult to develop broad prescriptive long-lasting approaches to internet regulation. The FCC favored this ex ante approach when crafting the Open Internet order under the Obama Administration. Under new FCC Chairman Ajit Pai, the agency seems to favor a revision that limits government oversight to the Federal Trade Commission’s traditional enforcement authority. As the FCC compiles its rulemaking record to justify this significant change in approach, it would not be surprising to see the Reno v. ACLU decision used to support a return of this light-touch regulatory framework.

[Commentary] Thanks to the open internet, a new generation of activists fighting for civil rights and equality has been able to make their voices heard in ways previously unimaginable. Now the Trump Administration is trying to turn back the clock and silence them by undoing the Network Neutrality rules. That is simply unacceptable. We have fought and won this fight before, and now it’s time to get organized again. Send your comment to the Federal Communications Commission today.

With the Trump administration waging a war on so many communities — from attempting to gut health-care coverage for millions of people to repeatedly trying to implement an unconstitutional Muslim ban — now, more than ever, we need the open internet to organize and fight back. I’ll work hard to protect Net Neutrality from inside the halls of Congress, but we need your voice too.

Today, two-thirds of the world’s internet users live in countries where content that challenges political regimes, social conventions, or national security is subject to censorship. Over time, internet censorship has expanded from restricting access to IP addresses and domain names for websites, to blocking applications and persecuting users for their online activities.

[Commentary] Prime Minister Theresa May’s political fortunes may be waning in Britain, but her push to make internet companies police their users’ speech is alive and well. In the aftermath of the recent London attacks, PM May called platforms like Google and Facebook breeding grounds for terrorism. She has demanded that they build tools to identify and remove extremist content. Leaders of the Group of 7 countries recently suggested the same thing. Germany wants to fine platforms up to 50 million euros if they don’t quickly take down illegal content. And a European Union draft law would make YouTube and other video hosts responsible for ensuring that users never share violent speech. The fears and frustrations behind these proposals are understandable. But making private companies curtail user expression in important public forums — which is what platforms like Twitter and Facebook have become — is dangerous. Outraged demands for “platform responsibility” are a muscular-sounding response to terrorism that shifts public attention from the governments’ duties. But we don’t want an internet where private platforms police every word at the behest of the state. Such power over public discourse would be Orwellian in the hands of any government, be it May’s, Donald Trump’s or Vladimir Putin’s.

[Keller is the director of Intermediary Liability at Stanford Law School’s Center for Internet and Society, and previously was associate general counsel to Google]

As President Donald Trump faces criticism for blocking users on his Twitter account, people across the country say they, too, have been cut off by elected officials at all levels of government after voicing dissent on social media. In Arizona, a disabled Army veteran grew so angry when her congressman blocked her and others from posting dissenting views on his Facebook page that she began delivering actual blocks to his office. A central Texas congressman has barred so many constituents on Twitter that a local activist group has begun selling T-shirts complaining about it. And in Kentucky, the Democratic Party is using a hashtag, #BevinBlocked, to track those who’ve been blocked on social media by Gov Matt Bevin (R-KY).

The growing combat over social media is igniting a new-age legal debate over whether losing this form of access to public officials violates constituents’ First Amendment rights to free speech and to petition the government for a redress of grievances. Those who’ve been blocked say it’s akin to being thrown out of a town hall meeting for holding up a protest sign.

Reality Winner is accused of serving as a journalistic source for a leading American news outlet about a matter of critical public importance. For this act, she has been charged with violating the Espionage Act—a World War I era law meant for spies—which explicitly forbids the jury from hearing why the defendant acted, and bars them from deciding whether the outcome was to the public's benefit. This often-condemned law provides no space to distinguish the extraordinary disclosure of inappropriately classified information in the public interest—whistleblowing—from the malicious disclosure of secrets to foreign governments by those motivated by a specific intent to harm to their countrymen.

The prosecution of any journalistic source without due consideration by the jury as to the harm or benefit of the journalistic activity is a fundamental threat to the free press. As long as a law like this remains on the books in a country that values fair trials, it must be resisted. No matter one's opinions on the propriety of the charges against her, we should all agree Winner should be released on bail pending trial. Even if you take all the government allegations as true, it's clear she is neither a threat to public safety nor a flight risk. To hold a citizen incommunicado and indefinitely while awaiting trial for the alleged crime of serving as a journalistic source should outrage us all.

The announcement of charges June 5 against a federal contractor for allegedly leaking a top secret National Security Agency document to a news website is giving journalists flashbacks to leaker prosecutions under President Barack Obama. The charges, tweeted New York Times reporter Scott Shane, followed “the precedent of Obama, whose administration set the record for leak prosecutions.” Adam Goldman, a Times colleague who had his phone records secretly seized during a 2012 leak investigation, asked whether President Donald Trump would top the number of leak prosecutions set during the previous administration.

[Commentary] Today, I’m launching TrumpiLeaks, a site that will enable courageous whistleblowers to privately communicate with me and my team. Patriotic Americans in government, law enforcement or the private sector with knowledge of crimes, breaches of public trust and misconduct committed by Donald J. Trump and his associates are needed to blow the whistle in the name of protecting the United States of America from tyranny. I know this is risky. I knew we may get in trouble. But too much is at stake to play it safe. And along with the Founding Fathers, I’ve got your back.

[Michael Moore is an Oscar and Emmy award-winning director]