CyberLaw Blog

Archive for August 5th, 2008

Internet firms agree to ‘code of conduct’ in China: “

Just days before the Olympic torch will reach Beijing, Internet leaders Google, Yahoo, and Microsoft say they are close to an agreement on a code of conduct for doing business in China and other countries that censor the Internet.

Sen. Dick Durbin on Monday released separate letters from the companies, …

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(Via The Iconoclast.)

Durbin Says Internet Giants Close to Agreement on Code of Conduct  (8-4-2008)

Monday, August 4, 2008

[WASHINGTON, DC] – U.S. Senator Dick Durbin (D-IL) today announced that a number of the largest American internet companies, human rights organizations and other stakeholders have reached agreement on a voluntary code of conduct that would govern internet companies operating in countries where internet freedom is restricted, like China. The participants are now reviewing the agreement for final approval.

‘I commend Google, Yahoo!, Microsoft, and other participants for agreeing on the principles of an internet freedom code of conduct,’ Durbin said. ‘This code of conduct would be one important step toward our shared goals of promoting freedom of expression and protecting the privacy of internet users around the world. I look forward to learning more about the details this agreement and whether it will adequately regulate American companies operating in internet-restricting countries.’

On July 21, Senator Durbin, the Chairman of the Human Rights and the Law Subcommittee, and Senator Tom Coburn, the Ranking Member of the Subcommittee, wrote to the CEOs of Google, Yahoo!, and Microsoft, urging them to finalize and implement the code of conduct as soon as possible. Durbin and Coburn have received responses from the three companies stating that they had reached an agreement in principle on the code of conduct.

Durbin noted that American internet companies have an obligation to resist censorship and protect fundamental human rights even before the code of conduct is finalized.

‘While the code of conduct is being finalized, I urge American internet companies operating in repressive countries to do everything possible to resist censorship and protect user privacy and freedom of expression, especially with the Olympics beginning in China later this week. We must ensure that American companies operating in repressive regimes protect fundamental human rights,’ said Durbin.

Durbin’s and Coburn’s inquiry followed a hearing on global internet freedom that Durbin chaired in the Human Rights and the Law Subcommittee on May 20.

AU – New Filter Test by Australian Government Shows Filter Effectiveness: “(Filtering Facts)
The Australian Communications and Media Authority released a report on Closed environment testing of ISP-level internet content filtering.  This report presents the findings of the closed environment testing of ISP-level filters conducted in 2008. The trial was conducted in response to a ministerial direction received in June 2007. Among the report’s findings: Successful blocking (the proportion of illegal and inappropriate content that should have been blocked that was successfully blocked) was between 88% and 97% with most achieving over 92%. The median rate of successful blocking was improved from the previous trial. Overblocking (the proportion of content that was blocked that should not have been blocked) was between 1% and 6%, with most falling under 3%. The median overblocking rate was significantly improved from the previous trial.”

(Via QuickLinks Update.)

I have reason to believe that access to Dailymotion is blocked in Turkey because of an intellectual property infringement (distribution of pirated content) subject to Law No. 5846 on Intellectual and Artistic Works, supplemental article 4, and this blocking order is not executed by the Telecommunications Communication Presidency (TIB) which is responsible for the execution of blocking orders with regards to Law No. 5651 on the Regulation of Publications on the Internet and Suppression of Crimes Committed by means of Such Publications. (Yaman Akdeniz)

Reporters sans frontières – Turkey: Turkish stubbornness condemned after Dailymotion becomes second leading video site to be blocked

4 August 2008

(PNG) Reporters Without Borders condemns the stubborn insistence of the Turkish authorities in censoring video-sharing websites. After blocking access to YouTube for the past three months, the authorities began blocking the Paris-based Dailymotion two days ago as well.

“The two most popular video-sharing sites in Turkey are now inaccessible,” the press freedom organisation said. “This is a serious violation of free speech and freedom of information. We call on the authorities to restore access to these websites and remove only the videos that are the subject of judicial orders.”

An Ankara criminal court ordered the blocking of YouTube on 5 May on the grounds that it had not obtained a licence from the Turkish authorities. For the blocking to be lifted, YouTube had to be formally registered and have legal representation in Turkey. YouTube insists that it took all the necessary steps but the authorities said it failed to comply with certain conditions and therefore continues to be blocked.

Transport minister Binali Yildirim said YouTube was still blocked because those responsible for the site refused to cooperate with the Internet regulatory authority, Internet Iletisim Baskanligi, an offshoot of the Telecommunications Council that was founded in November 2007.

“The conditions imposed on YouTube are arbitrary and show that the authorities want to control the Internet and those who create it,” Reporters Without Borders said. “If a site has a local representation, it makes it easier for the Turkish judicial authorities to enforce the sanctions they are fond of imposing. This is unacceptable.”

The Internet security authority, Bilgi Ihbar Merkezi (http://www.ihbarweb.org.tr/index.html), combats online paeodophilia, inciting drug use, sale of dangerous health products, pornography, gambling, inciting suicide and insulting the memory of Mustafa Kemal Atatürk, who founded the Turkish republic in 1923 (Law 5651).

Access to YouTube was blocked on 6 March 2007 because of a video deemed to be insulting towards Atatürk.

Two websites that defend free expression – Antenna-tr.org and Ortakpayda.org – were meanwhile hacked on 24 July. The attack was claimed by members of an ultra-nationalist group called “Atabeyler.”

See further BiaNet News, Another Internet Site Becomes Inaccessible, 04 August, 2008.