UN report: "three strikes" Internet laws violate human rights - 0 views
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Governments of all kinds are compelling ISPs and website operators to help with their censorship efforts. In Turkey, ISPs are required to assist in blocking several categories of content, including “insulting” the long-decesased founding father of the Turkish republic, Mustafa Kemal Ataturk. And even nominally advanced countries have gotten into the act. In Italy, Google executives faced criminal liability for hosting an insensitive YouTube video despite the fact that Google complied promptly to the takedown request. "Holding intermediaries liable for the content disseminated or created by their users severely undermines the enjoyment of the right to freedom of opinion and expression," La Rue writes. "It leads to self-protective and over-broad private censorship, often without transparency and the due process of the law."
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La Rue saved some of his strongest criticism for the "three strikes" laws recently enacted by France and the UK. He writes that he is "deeply concerned" about proposals to create a centralized system for cutting people off from Internet access as a punishment for copyright infringement. France has such a system, which was approved by the courts in 2009 and is reportedly getting 25,000 complaints a day. The United Kingdom passed a Digital Economy Act in 2010 that contained similar provisions. The Special Rapporteur is "alarmed" by these regulations, writing that cutting off Internet access as a response to copyright infringement is "disproportionate and thus a violation of article 19, paragraph 3, of the International Covenant on Civil and Political Rights." He notes that Internet disconnection language has been removed from recent drafts of the ACTA treaty, but writes that he "remains watchful about the treaty’s eventual implications for intermediary liability and the right to freedom of expression."
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An official appointed by the United Nations Human Rights Council has released a new report on the state of online free speech around the world. In addition to calling attention to long-standing censorship problems in China, Iran, and other oppressive regimes, the report devotes a surprising amount of attention to speech restrictions in the developed world-and it singles out recently enacted "three strikes" laws in France and the United Kingdom that boot users off the Internet for repeated copyright infringement.