Internet Realities Watch, vol. 4
Trust Architecture, Content Blocking, and Guiding Principles
This is the fourth blog in our Internet Realities Watch series, where we use our framework to track changes to the internet reality around the world. Read the previous post here.
| Governance Tier Element | Changes |
|---|---|
| Laws & Regulations | 9 |
| Social Norms | 0 |
| Standards | 0 |
| Markets | 3 |
| Architecture Tier Element | Changes |
|---|---|
| Content | 9 |
| Application & Presentation | 1 |
| Session | 0 |
| Transport | 1 |
| Network | 1 |
| Data Link | 0 |
| Physical | 0 |
Australia: A coalition of civil society organizations, trade associations, and tech companies鈥攊ncluding Facebook, Apple, Google, Twitter, and Microsoft鈥 that the Australian government鈥檚 December 2018 law on encrypted data access could create dangerous backdoors. The has issued stating that the result of the bill could threaten to undermine the trust architecture of the internet, as the bill could impact the security of endpoint devices and therefore the confidentiality of content sent over the internet.
France: Laetitia Avia, a French lawmaker, is going to present a draft of a bill to punish social media platforms that don鈥檛 take down hate speech at the government鈥檚 request. 鈥淎via told BuzzFeed News that the law will be based on legislation adopted by Germany in 2017 known as NetzDG. Under the law, fines of up to $60 million can be imposed on platforms that fail to take down hate speech or other illegal content within 24 hours.鈥 This would impact content online by to adding regulatory pressure on social media companies to comply with government content takedown requests.
Iraq: Parliament is considering a that would give carte blanche for security and intelligence services to repress free expression online and undermine the privacy and anonymity of internet users. For instance, its article 3(a) carries a sentence of life in prison for using a computer device or an information network 鈥渇or the purpose of undermining the independence of the country, its peace, or its economic, political, military, or security interests.鈥 The draft law would affect the content element of the internet.
Ireland: The country鈥檚 Data Protection Commissioner is Twitter, LinkedIn, and Apple, as well as Facebook and its subsidiaries WhatsApp and Instagram, for possible GDPR violations with respect to personal data processing and transparency of information. Its Communications Minister has also a proposal for an Online Safety Act that would allow a cyber safety commissioner to take action against platforms that host harmful online content (i.e., threatening, intimidating, or harassing content), including fines and prosecution for those services which refuse to comply with removal requests. This proposal would impact the content element of the internet.
Philippines: Members of the news website Rappler, including its CEO and Executive Editor, have been under the government鈥檚 that a cybercrime law鈥攊tself controversial鈥攁mends the libel statute of limitations from one year to twelve. Several organizations, including Reporters Without Borders and Amnesty International, have condemned the arrest. It remains undetermined whether 鈥渃yber libel鈥 should be distinguished from the libel definition already in the Philippines鈥 Revised Penal Code. This concerns how content is regulated online.
Russia: Roskom, Russia鈥檚 internet regulator, is to encrypted email platform ProtonMail by manipulating the Border Gateway Protocol (BGP), which routes internet traffic, to reject internet traffic instead of routing it to the correct endpoint. This manipulation of the internet鈥檚 network architecture impacts both content sent along the internet (by denying access to emails) and applications used on the internet (by denying access to the encrypted email itself). However, ProtonMail it has implemented temporary measures to minimize the impact of the block.
South Africa: The incoming Cybercrimes Bill will electronics communications service providers and financial institutions in South Africa to report any of a new list of cyber offenses committed on their systems within 72 hours after discovery. New offenses under the bill include the distribution of intimate messages (likely targeting revenge porn), infringing copyright through peer-to-peer sharing, and disseminating data messages that advocate, promote, or incite violence or discrimination. These all impact content posted or distributed online. Internet Service Providers (ISPs) interviewed by the generally have positive reactions to the bill, with one entity highlighting its non-violation of existing net neutrality鈥攑reserving network openness.
South Korea: The Korea Communications Standards Commission (KCSC) to 895 overseas sites with 鈥渉armful鈥 content鈥攑rimarily websites with child pornography and pirated media, as well as gambling websites. On its face, this impacts internet content, but there are other interesting implications for governance and architecture for the internet as well, including via how the KCSC is blocking the websites. For a detailed analysis of the policy change, see our forthcoming Internet Realities Analysis post. The filtering technique targets the transport element of the internet鈥檚 architecture.
Thailand: Thai legislators the controversial Cybersecurity Act that would allow the government to search, seize, infiltrate, and copy systems and information without a warrant. The law, which lacks adequate rule of law protections like court orders or reviews, does not fundamentally alter any internet infrastructure, but could have a chilling effect on how freely Thai people use the internet. Activists the law when it was proposed in 2018.
United Kingdom: A from the House of Lords鈥 Select Committee on Communications, titled 鈥淩egulating in a digital world,鈥 recommends the creation of a 鈥渘ew Digital Authority to oversee鈥 regulation with access to the highest level of the Government to facilitate the urgent change that is needed.鈥 The Committee recommends ten guiding principles for internet regulation, including:
- Parity, or the notion that individuals deserve 鈥渢he same level of protection鈥 online as offline鈥;
- Respect for human rights and equality;
- Openness, or the principle that 鈥渢he internet must remain open to innovation and competition鈥; and
- Democratic accountability.
This could impact many elements of the internet鈥檚 architecture and governance, including (to address some mentioned here) freedom to access content, network openness, and market competitiveness online.
United States: One of the President鈥檚 advisors in January that it might be time to amend Section 230 of the Communications Decency Act, which essentially frees internet companies from the responsibilities of traditional publishers, like moderating content. This has generated more concern in the weeks since. 鈥淚t鈥檚 not crazy to consider amending the provision, no matter the trillions of dollars resting on it,鈥 says Joshua Geltzer. 鈥淏ut the law itself is being mischaracterized and therefore misunderstood鈥攊ncluding by the very legislators who鈥檇 be responsible for amending it.鈥 Amending the law could force content platforms, like social media platforms, to moderate the content on their websites.
In holistic trend analysis, see Justin鈥檚 article on how democracies need to find a better balance between internet openness and internet control that protects citizens from cyber harms while still preserving the benefits of a global and open internet. Read this on Chinese users leveraging the blockchain to fight government censorship. And in Just Security, read Faiza Patel鈥檚 of recent online free speech laws in the European Union.