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Snowden leaks open up the great question of our age

Whatever happens to the NSA whistleblower, the repercussions of his actions will endure

Edward Snowden placards at a protest in Berlin (David von Blohn/Demotix)

This is a guest post by Daniel Keane

Edward Snowden’s leaks have exposed an ideological chasm between the partisans of free information and liberty and the guardians of state security. They have also asked demanding questions of the public at large: when does intelligence gathering become an unwarranted intrusion into private lives? Is the first responsibility of an intelligence agent to the country he serves or to a — self defined — greater good? Can we have a free society without people who do dirty work like spying on our emails?

Public reaction in the polls remains mixed, with a Huffington Post/YouGov’s poll this week finding that 38 per cent of Americans believe Snowden did the wrong thing, while 33 per cent believing the contrary. However a survey released by Quinnipiac showed that 55 per cent of Americans believed Snowden was a whistle blower rather than a traitor.

Snowden also denied in interviews published that he gave any information to the Russian or Chinese governments while in transit there. Allegations of leaking information to these authorities arose from the New York Times, which claimed China had ‘drained the contents of Snowden’s laptops’. Snowden claimed he “never gave any information to either government.”

Snowden also declared in an interview given before he left his home in Hawaii with German newspaper ‘Der Spiegel’ that the NSA is “in bed together with the Germans the same as with most other Western countries” and that the USA and Israel co-wrote Stuxnet, the malicious computer virus utilised against an Iranian nuclear site.

These revelations made by Snowden come as a shock to the public consciousness and this is certainly reflected in the activities of pressure groups in the US and the UK. The Electronic Privacy Information Center, based in Washington DC, has filed an emergency petition to the US Supreme Court in order to halt the NSA’s logging of the nation’s telephone records.

Meanwhile in the UK, human rights group Liberty has filed a claim to the Investigatory Powers Tribunal against the British Intelligence Services for their role in the PRISM or Tempora surveillance programmes. It remains to be seen, however, whether both of these attempts to halt or impair mass surveillance will be successful: the US Supreme Court is unlikely to do away with a programme seen as vital to domestic security, while the IPT makes its decisions in private leaving any reform in Britain largely improbable.

If he reaches asylum, possibly in Nicaragua, Venezuela or Bolivia, Snowden could continue to leak crucial information regarding the NSA. The Obama administration finds itself in a crisis should he evade extradition: the inevitable slew of secrets weakening their international credentials.

Furthermore as Snowden reveals more regarding the collaboration of the US with Western European states, countries like Britain and France face a public dilemma as we learn more about the undermining of our personal liberties. These governments risk being whisked into undesirable public debate regarding the legitimacy of organisations such as GCHQ.

Even if Snowden returned to America to face trial the issue would not disappear. People will want to hear what he will say in court.

Many governments probably wish Edward Snowden was condemned to perpetual Limbo in Sheremetyevo Airport. But whatever happens, the repercussions of his actions are sure to endure for a long time as the debate between liberty and security rages ever on.

Is India about to gets its own PRISM?

10 Jul 13 | Asia and Pacific, Digital Freedom, India

Two surveillance entities are being set up to monitor Indian citizens’ communications, Mahima Kaul writes

(more…)

Free expression in the news

26 Jun 13 | In the News

INDEX POLICY PAPER
Is the EU heading in the right direction on digital freedom?
While in principle the EU supports freedom of expression, it has often put more emphasis on digital competitiveness and has been slow to prioritise and protect digital freedom, Brian Pellot, digital policy advisor at Index on Censorship writes in this policy paper
(Index on Censorship)

AZERBAIJAN
Tensions between two natural allies
Protesters face an extra three months in prison without trial. Padraig Reidy reports. Members of Azerbaijan’s N!DA Civic movement have been held since the end of March this year. It was confirmed this week that their pre-trial detention is to continue for another three months.
(Index on Censorship)

EUROPEAN UNION
Free expression guidelines a crucial opportunity for EU
As the European Commission opens a consultation on its planned freedom of expression guidelines, Index on Censorship is publishing a public note setting out what it sees as the key principles that must underpin such guidelines.
(Index on Censorship)

INDIA
Tensions between two natural allies
The doctrine of prior restraint and the more potent contempt of court provisions have the potential to disturb the relationship between the judiciary and media
(The Hindu)

ISRAEL
Bill making libel against IDF a crime ‘highly problematic’
The Knesset’s Constitution, Law and Justice Committee on Monday debated the so-called “Jenin-Jenin bill,” which suggests making libelous statements or accusations against the Israel Defense Forces in the media would become a criminal offense.
(Israel Hayom)

LIBYA
Libyan political party officials could face death penalty over election posters
Libyan judicial authorities should immediately drop all criminal charges that violate freedom of speech over election poster cartoons against two Libyan National Party officials, Human Rights Watch said today. Under the laws being applied in this case, the men could face the death penalty over posters their party displayed during the 2012 election campaign for the General National Congress.
(IFEX)

PAKISTAN
‘Solid’ culture policy can help defeat terrorism
The Culture Journalists Forum (CJF) on Monday demanded of the PTI-led Khyber Pakhtunkhwa government to announce a ‘solid and clear’ culture policy, allocate funds for the promotion of art and culture in the province and set up a transparent censorship board to check production of substandard and vulgar Pashto CDs.
(Dawn)

NORWAY
Freedom of Expression Grant to Far-Right Blogger Stirs Debate in Norway
Culture Minister Hadia Tajik supports Freedom of Expression grant for the controversial blogger Peder Nøstvold Jensen, best known by the nickname Fjordman.
(The Nordic Page)

SPAIN
Spain’s Google privacy case “an interference with the freedom of expression”
Should search engines be forced to block results that link to newspaper articles? No, the Advocate General of the European Court of Justice said earlier today, deciding Google need not block “legal and legitimate information that has entered the public domain”. Brian Pellot writes
(Index on Censorship)

TAIWAN
Taiwan: Internet Policy Reforms Spark Fears of Censorship
This spring, the Taiwanese government has proposed multiple amendments to existing laws that could impact free expression online, sparking concern among Taiwanese netizens. While many are comparing the amendments to Chinese-style speech control, others have noted the influence of the United States on the legislation.
(Global Voices Online)

TURKEY
Turkey protests restrict Erdogan’s foreign activism
Expert: Ankara still may act in key regions, including Gaza; twenty arrested in latest raid in Turkey.
(The Jerusalem Post)

EU agrees to reopen Turkey membership talks
The EU agreed to reopen long-stalled talks on Turkey’s EU membership on Tuesday, but not until a later date due to concerns from Germany that it could send the wrong message to Ankara after its tough crackdown on anti-government protests.
(France 24)

UKRAINE
Femen and Facebook in ‘Pornography’ Row over Topless Pictures
Radical feminist group Femen has had two of its Facebook pages blocked by the social networking site because of nudity. The Facebook censors went into action because of the large number of images of Femen activists taking part in topless demonstrations.
(International Business Times)

UNITED STATES
The chilling effects of surveillance
Revelations contained in documents recently leaked to the Guardian by whistleblower Edward Snowden have placed the United States front and centre in the ongoing global debate around mass surveillance.
(Al Jazeera)

Edward Snowden: history will be kind to him
Daniel Ellsberg, the leaker of the Pentagon Papers 40 years ago, was smeared and denounced at the time
(The Guardian)

Have you noticed growing assaults on free speech? Here? And here? And here?
Revelations contained in documents recently leaked to the Guardian by whistleblower Edward Snowden have placed the United States front and centre in the ongoing global debate around mass surveillance.
(Investor’s Business Daily/a>)

Abortion Opponents: ‘Buffer Zones’ At Abortion Clinics Violate Free Speech
The Supreme Court has said it will reconsider the constitutionality of protest zones
(US News and World Report)

Free expression in the news

25 Jun 13 | In the News

BRAZIL
Freedom of expression, an unfulfilled promise in Brazil
Brazil’s media is characterized by oligopolistic ownership and certain opinions dominate. Journalists and human rights activist call for new laws and regulations to safeguard freedom of speech and access to information in the host country of the 2014 World Cup.
(Journalism in the Americas)

Brazil president Dilma Rousseff proposes referendum on political reforms to try and quell protests
President Dilma Rousseff has announced a referendum on political reform along with £14 billion for public transport after more than a million took to the streets to protest in Brazil.
(The Telegraph)

BURMA
Literature needs freedom – and freedom needs literature
At this weekend’s session of the Edinburgh World Writers’ conference in Kuala Lumpur, the eminent Burmese writer – imprisoned under censorship laws for more than five years – used her own experience to reflect on censorship and imagination.
(The Guardian)

CANADA
Free speech integral to campus life
Opinion: University presidents must uphold the right of students to express unpopular opinions during peaceful protests
(Vancouver Sun)

CHINA
China Is Unblocking Some Search Terms — But Censorship Still Thrives Online
The Communist Party’s efforts to restrict political speech on the Internet have become increasingly sophisticated.
(The Atlantic)

EGYPT
Rights group condemns lawsuits against free speech
Lawsuits against media and opposition groups must stop says Arab Network for Human Rights Information
(Daily News Egypt)

G8
G8 governments sign Open Data Charter
During its summit in Northern Ireland, the G8 issued a declaration and signed an Open Data Charter on June 18, stating their intent to promote machine readable and publicly-available government data.
(Fierce Government IT)

IRAN
Internet Throttling Is Evidence of Iranian Censorship
One of the growing concerns for human rights campaigners is the increasing evidence of Internet censorship in many repressive regimes around the world. During the Arab spring, for example, Egyptian leaders “switched off” the Internet in an attempt to prevent activists from organizing protests or communicating with the outside world. The Syrian leadership appears to have done a similar thing on several occasions during the current civil war.
(Mashable)

NEW ZEALAND
Peters blasts ‘Orwellian’ censorship over stand on migrants
New Zealand First leader Winston Peters has compared the country to an Orwellian state because he feels he is being censored for remarks on Chinese immigration to New Zealand.
(The New Zealand Herald)

TAIWAN
After Public Outcry, Taiwan Backs Off For SOPA Like Censorship
Freedom on the Internet is a far fetched idea but citizens are not giving up easily either. Recently we had shared that the Taiwan Intellectual Property Office (IPO) had proposed an amendment to its Copyright Act, a proposal that is similar to the United States Bill, Stop Online Piracy Act (SOPA). The good news is that Taiwan has temporarily stopped the bill.
(Business 2 Community)

TUNISIA
Tunisian rapper jailed for anti-police song
Tunisian rapper Alaa Yacoub has been sent two prison for two years for an anti-police song. Sara Yasin reports
(Index on Censorship)

TURKEY
Obama, Erdogan discuss Turkish protests
President Barack Obama spoke to Turkish Prime Minister Recep Tayyip Erdogan on Monday about the importance of free expression, following days of violence in anti-government demonstrations.
(News24)

BBC reporters ‘intimidated’ by Turkey
The BBC says it is “very concerned” by a campaign by the Turkish authorities to “intimidate its journalists”.
(BBC)

In Turkey’s pious heartland, protests seem world away
“This Nation Is With You” declares a small billboard in the centre of this conservative central Turkish city, the words emblazoned on an image of Prime Minister Tayyip Erdogan and a sea of his flag-waving supporters.
(EuroNews)

UNITED KINGDOM
Mass surveillance threatens freedom of expression
Index on Censorship is extremely concerned about the reported extent of mass surveillance of both meta data and content, resulting from the alleged tapping into underwater cables that carry national and international communications traffic.
(Index on Censorship)

Don’t turn Pamela Geller and Robert Spencer into free speech martyrs
The anti-fascist campaign group Hope Not Hate (HNH) has written to the home secretary Theresa May urging her to stop Pamela Geller and Robert Spencer from entering the UK to speak at an English Defence League rally on Saturday 29 June.
(Left Foot Forward)

UNITED STATES
US needs to protect whistleblowers and journalists
Index on Censorship calls upon the US government to uphold the First Amendment. Whistleblowers such as Edward Snowden — as well as journalists reporting on the Prism scandal, who have come under fire — should be protected under the first amendment, not criminalised.
(Index on Censorship)

Link Between Gun Violence and Video Games is Flawed, Says Media Coalition
The discussion about whether playing violent video games causes real-life gun violence has been raging for years. A new report today by Media Coalition Inc. is bound to fuel that fire, claiming that the harm of violent video games has “skewed the debate and fuels misguided calls for censorship.” Although the report’s headline focuses on “media,” its content focuses on violent videogames, and the Coalition’s press release was promoted by the Entertainment Software Association (ESA), which is responsible for the E3 video game trade show.
(Daily Game)

Shirt Focus of Free-Speech Fight
In West Virginia, the love of freedom is ingrained more directly in the fabric of the state’s legacy than in most places. It broke away from Virginia at the outset of the Civil War over slavery, becoming the 35th state in the Union 150 years ago this week. But even before that, West Virginia’s forbidding geography had stamped itself on the character of its people.
(Real Clear Poltics)

An important ruling for groups’ free speech rights
A Supreme Court decision rightly prevents the government from requiring certain stances by organizations receiving public funds.
(The Mercury)

Floyd Abrams Talks First Amendment Law At Google
The First Amendment is incredibly important in the Internet age. It’s frequently at the center of many debates on what constitutes free speech online. Now, one of the foremost First Amendment scholars of our time – Floyd Abrams – stopped by Google to talk about his new book, “Friends of the Court: On The Front Lines With The First Amendment”
(WebPro News)

U.S. presses Russia as mystery over Snowden deepens
The United States increased pressure on Russia on Monday to hand over Edward Snowden, the American charged with disclosing secret U.S. surveillance programs, and said it believed he was still in Moscow.
(Reuters)

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