The Right to Anonymity is a Matter of Privacy
By Jillian C. York | EFF | January 28, 2012
This January 28 marks International Privacy Day. Different countries around the world are celebrating this day with their own events.
Throughout history, there have been a number of reasons why individuals have taken to writing or producing art under a pseudonym. In the 18th century, James Madison, Alexander Hamilton, and John Jay took on the pseudonym Publius to publish The Federalist Papers. In 19th century England, pseudonyms allowed women–like the Brontë sisters, who initially published under Currer, Ellis, and Acton Bell–to be taken seriously as writers.
Today, pseudonyms continue to serve a range of individuals, and for a variety of reasons. At EFF, we view anonymity as both a matter of free speech and privacy, but in light of International Privacy Day, January 28, this piece will focus mainly on the latter, looking at the ways in which the right to anonymity–or pseudonymity–is truly a matter of privacy.
Privacy from employers
Human beings are complex creatures with multiple interests. As such, many professionals use pseudonyms online to keep their employment separate from their personal life. One example of this is the Guardian columnist GrrlScientist who, upon discovering her Google+ account had been deleted for violating their “common name” policy, penned a piece explaining her need for privacy. Another example is prominent Moroccan blogger Hisham Khribchi, who has explained his use of a pseudonym, stating:
When I first started blogging I wanted my identity to remain secret because I didn’t want my online activity to interfere with my professional life. I wanted to keep both as separate as possible. I also wanted to use a fake name because I wrote about politics and I was critical of my own government. A pseudonym would shield me and my family from personal attacks. I wanted to have a comfortable space to express myself freely without having to worry about the police when I visit my family back in Morocco.
Though Khribchi’s reasoning is two-fold, his primary concern–even stronger than his need for protection from his government–was keeping his online life separate from his employment.
Privacy from the political scene
In 2008, an Alaskan blogger known as “Alaska Muckraker” (or AKM) rose to fame for her vocal criticism of fellow Alaskan and then-McCain-running-mate Sarah Palin. Later, after inveighing against a rude email sent to constituents by Alaska State Representative Mike Doogan, AKM was outed–by Doogan–who wrote that his “own theory about the public process is you can say what you want, as long as you are willing to stand behind it using your real name.”
AKM, a blogger decidedly committing an act of journalism, could have had any number of reasons to remain anonymous. As she later wrote:
I might be a state employee. I might not want my children to get grief at school. I might be fleeing from an ex-partner who was abusive and would rather he not know where I am. My family might not want to talk to me anymore. I might alienate my best friend. Maybe I don’t feel like having a brick thrown through my window. My spouse might work for the Palin administration. Maybe I’d just rather people not know where I live or where I work. Or none of those things may be true. None of my readers, nor Mike Doogan had any idea what my personal circumstances might be.
Though Doogan claimed that AKM gave up her right to anonymity when her blog began influencing public policy, he’s wrong. In the United States, the right to anonymity is protected by the First Amendment and must remain so, to ensure both the free expression and privacy rights of citizens.
Similarly, in 2009, Ed Whelans, a former official with the Department of Justice, outed anonymous blogger John Blevins–a professor at the South Texas College of Law–in the National Review, calling him “irresponsible”, and a “coward.” Blevins took the fall gracefully, later explaining why he had chosen to blog under a pseudonym. Like Khribchi, Blevins’ reasons were numerous: He feared losing tenure and legal clients, but he also feared putting the jobs of family members in the political space at risk.
Privacy from the public eye
A friend of mine–let’s call him Joe–is the sibling of a famous celebrity. But while he’s very proud of his sibling, Joe learned early on that not everyone has his best interests at heart. Therefore, Joe devised a pseudonym to use online in order to protect the privacy of himself and his family.
In Joe’s case, the threat is very real: celebrities are regularly stalked, their houses broken into. His pseudonym keeps him feeling “normal” in his online interactions, while simultaneously protecting his sibling and the rest of his family from invasions of privacy.
Achieving anonymity online
Anonymity and pseudonymity may seem increasingly difficult to achieve online. Not only do companies like Facebook restrict your right to use a pseudonym, but even when you do think you’re anonymous, you might not be–as blogger Rosemary Port found out in 2009 after Google turned over her name in response to a court order.
While we should continue to fight for our privacy under the law, the best thing we can do as users to who value our right to anonymity is to use tools like Tor. Anonymous bloggers can use Global Voices Advocacy’s online guide to blogging anonymously with WordPress and Tor. And all Internet users should educate themselves about what is–and isn’t–private on their online accounts and profiles.
Related articles
- International Privacy Day: Fighting Data Retention Mandates Around the World (alethonews.wordpress.com)
- Google And Privacy: Nothing To See Here, Move On (informationweek.com)
- Google shifts stance on Google+ anonymity, will support pseudonyms (arstechnica.com)
- Google Says Bye Bye to User Privacy (forbes.com)
- Google+ relaxes real-name policy, allows pseudonyms (plus.google.com)
Only 127 US academics (many retired) sign to oppose study in Israel programs
Rehmat’s World | January 28, 2012
Under pressure from pro-Israel Jewish groups – California State University, Northridge (CSUN) has reinstated its three Israel Study Abroad programs at Haifa University, Hebrew University and Tel Aviv University in Israel. The programs were halted in 2002, with three students enrolled in the program, when the US State Department issued a travel warning. Now, the CSUN management is convinced that Israel is a safe place even though Benji Netanyahu government claims that Hamas, Hizbullah and Iran are planing to “wipe Israel off the map.”
The University Chancellor Charles Reed ignored the opposition by 127 US academics to reinstating the program was led by California State Northridge professor David Klein, many from CSUN. One of the signatories, Long Beach Professor Emerita Sherna Gluck says: “I cannot support cooperation with Israeli universities and certainly cannot endorse our CSU students attending these institutions any more than I supported exchanges with South African apartheid universities.”
In late 2009, 389 signatories endorsed a letter to UC Davis Provost William Lacy protesting the system-wise reinstatement on the grounds that the program would be inherently discriminatory Muslims and Arab students.
The Campus Watch, a Philadelphia-based, Israel Hasbara (propaganda in Hebrew) website, has long been campaigning against Dr. David Klein for his criticism of Israel’s Zionazi policies. The website is run by the Middle East Forum, to monitor US college campuses for academic pro-Palestinian bias and happenings. It publishes dossiers on professors, as well as some examples of their writings.
The Campus Watch encourages students to snitch on their professors. It has a whole section dedicated to student reports. The Campus Watch is essentially forming a paramilitary thought police, a private TIPS program for pro-Israeli advocates.
Dr. Klein is also accused of ‘anti-Semitism’ by organizations such as ‘Never Again Canada’ and ‘AMCHA’ who seek to impose their pro-Israel, pro-Zionist politics upon the California State University. There is no content on his website that could even arguably be labeled ‘anti-Semitic’ without the offensive conflation of Jews and Jewishness with the State of Israel, its government, and its motivating ideology, Zionism. This is not the first occasion of organized pro-Israel lobbies and groups targeting faculty and students for their advocacy for Palestine. From battles over tenure faced by extraordinarily qualified Palestinian professors to unjust firings or demotions of faculty who have spoken in support of Palestine, efforts to intimidate professors are increasing.
Dr. David Klein, a renowned Jewish professor of Mathematics, is listed at the “Self-Hating Israel-Threatening (S.H.I.T)” Jewish list where he is credited for saying:
“Israel is the most racist state in the world at this time. Support for Israel must stop. In pursuit of a Zionist agenda, Israel has followed a 60-year program of ethnic cleansing, including expulsion of the Palestinian population, military occupation, and mass murder. The attack of Gaza is only the latest in a long history of crimes against humanity. Israel avoids peace because peace interferes with territorial expansion and ethnic cleaning”.
Related articles
- California professor under attack for opposing “study in Israel” scheme (alethonews.wordpress.com)
- Swedes call for academic boycott of Israel (alethonews.wordpress.com)
We Have Every Right to Be Furious About ACTA
By Maira Sutton and Parker Higgins | EFF | January 27, 2012
If there’s one thing that encapsulates what’s wrong with the way government functions today, ACTA is it. You wouldn’t know it from the name, but the Anti-Counterfeiting Trade Agreement is a plurilateral agreement designed to broaden and extend existing intellectual property (IP) enforcement laws to the Internet. While it was only negotiated between a few countries,1 it has global consequences. First because it will create new rules for the Internet, and second, because its standards will be applied to other countries through the U.S.’s annual Special 301 process. Negotiated in secret, ACTA bypassed checks and balances of existing international IP norm-setting bodies, without any meaningful input from national parliaments, policymakers, or their citizens. Worse still, the agreement creates a new global institution, an “ACTA Committee” to oversee its implementation and interpretation that will be made up of unelected members with no legal obligation to be transparent in their proceedings. Both in substance and in process, ACTA embodies an outdated top-down, arbitrary approach to government that is out of step with modern notions of participatory democracy.
The EU and 22 of its 27 member states signed ACTA yesterday in Tokyo. This news is neither momentous nor surprising. This is but the latest step in more than three years of non-transparent negotiations. In December, the Council of the European Union—one of the European Union’s two legislative bodies, composed of executives from the 27 EU member states—adopted ACTA during a completely unrelated meeting on agriculture and fisheries. Of course, this is not the end of the story in the EU. For ACTA to be adopted as EU law, the European Parliament has to vote on whether to accept or reject it.
In the U.S., there are growing concerns about the constitutionality of negotiating ACTA as a “sole executive agreement”. This is not just a semantic argument. If ACTA were categorized as a treaty, it would have to be ratified by the Senate. But the USTR and the Administration have consistently maintained that ACTA is a sole executive agreement negotiated under the President’s power. On that theory, it does not need Congressional approval and thus ACTA already became binding on the US government when Ambassador Ron Kirk signed it last October.
But leading US Constitutional Scholars disagree. Professors Jack Goldsmith and Larry Lessig, questioned the Constitutionality of the executive agreement classification in 2010:
The president has no independent constitutional authority over intellectual property or communications policy, and there is no long historical practice of making sole executive agreements in this area. To the contrary, the Constitution gives primary authority over these matters to Congress, which is charged with making laws that regulate foreign commerce and intellectual property.2
(And by the way, we agree [pdf].)
Senator Ron Wyden has been asking these questions for years, first demanding an explanation from USTR ambassador Ron Kirk, President Obama, and now the administration’s top international law expert Harold Koh. The distinction between executive agreement and treaty should not be lost on this administration: as a Senator, Vice President Joe Biden used the same argument to require the Bush administration to seek Senate approval for an arms reduction agreement.
Public interest groups and informed politicians have long lamented these problems with ACTA. But the impact of dubious backroom law-drafting is getting fresh attention in light of the powerful global opposition movement that has emerged out of last week’s Internet blackout protests. Activists and netizens all around the world have woken up to the dangers of overbroad enforcement law proposals drafted by monopoly industry lobbyists, and rushed into law through strategic lobbying by the same corporate interests that backed SOPA and PIPA. Tens of thousands are protesting in the streets in Poland as their ambassador signed the agreement in Tokyo. The EU Parliament’s website and others have come under attack for their involvement in these laws. The Member of the European Parliament who was appointed to be the rapporteur for ACTA in the European Parliament, Kader Arif, quit yesterday in protest. In a statement he said:
I want to denounce in the strongest possible manner the entire process that led to the signature of this agreement: no inclusion of civil society organisations, a lack of transparency from the start of the negotiations, repeated postponing of the signature of the text without an explanation being ever given, exclusion of the EU Parliament’s demands that were expressed on several occasions in our assembly…
…This agreement might have major consequences on citizens’ lives, and still, everything is being done to prevent the European Parliament from having its say in this matter. That is why today, as I release this report for which I was in charge, I want to send a strong signal and alert the public opinion about this unacceptable situation. I will not take part in this masquerade.
We couldn’t have said it better ourselves. ACTA may have been signed by public officials, but it’s crystal clear that they are not representing the public interest.
It is now up to the collective will of the public to decide what to do next, and for individuals to ask themselves what they want their government to look like. Do you believe in democracy? Do you believe that laws should be made to reflect our collective best interests, formulated through an open transparent process? One that allows everyone, from experts to civil society members, to analyze, question and probe an agreement that will lead to laws that will impact potentially billions of lives? If we don’t do anything now, this agreement is going to crawl itself into power. With the future at stake like this, it’s never too late to fight.
~
If you live in Europe, follow these links to learn how you can take immediate action and stay informed on the latest updates:
La Quadrature du Net (@laquadrature): How to Act Against ACTA
European Digital Rights (@EDRi_org): Stop ACTA!
Open Rights Group (@OpenRightsGroup): ACTA: signed, not yet sealed – now it’s up to us
Foundation for a Free Information Infrastructure (@FFII): ACTA Blog
For those in the U.S., you can demonstrate your opposition to the dubious decision to negotiate ACTA as a sole executive agreement to bypass proper congressional review by signing this petition on the whitehouse.gov website, demanding the Administration submit ACTA to the Senate for approval.
EFF will continue to monitor ACTA’s global implementation and watch for efforts to use ACTA to broaden US enforcement powers.
- 1. United States, Australia, Canada, Japan, Morocco, New Zealand, Singapore, and South Korea
- 2. (See also here [pdf] and here).
Related articles
- ACTA anger: Protesters hopeful as official resigns (rt.com)
- Follow Up of the Day: EU ACTA Chief Resigns (geeks.thedailywh.at)
Humanitarian organization says Israel must remove West Bank landmines
Ma’an – 28/01/2012
BETHLEHEM – The founder of humanitarian organization Roots of Peace said Friday that the group has demanded that Israel work to remove landmines from the Palestinian territories.
Heidi Kühn told Voice of Palestine radio that Israeli Prime Minister Benjamin Netanyahu said his government would help to remove mines in the West Bank if the organization assisted with mine removal within Israel. […]
Around 1.5 million landmines and unexploded ordinances prevent access to more than 50,000 acres of productive land in Israel, the West Bank and the Jordan River valley, Roots of Peace says.
The Israeli-Jordanian border areas and the Jordan Valley are still heavily land-mined, together with areas of the Golan Heights and the northern West Bank.
The mines no longer serve any military purpose.
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- Roots of Peace society plans to clear landmines near West Bank village, Israel has blocked removal (alethonews.wordpress.com)
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Minister of Detainees Calls for Boycott of Military Courts
By Saed Bannoura | IMEMC & Agencies | January 26, 2012
Palestinian Minister of Detainees in the West Bank, Issa Qaraqe’, called for the boycotting of all Israeli military courts for their repeated rulings that confine thousands of detainees under administrative orders without filing any official indictments against them.
His statements came during a visit to the family of detainee, Ahmad Nabhan Saqer, aged 47, at the Askar refugee camp, near the northern West Bank city of Nablus.
Saqer has been imprisoned under administrative detention for over three years, since he was abducted in November 2008, and Israeli military courts have repeatedly issued administrative detention orders against him, without filing any formal charges.
Saqer was arrested three times before, and has spent a total of twelve years and counting, behind bars.
The Palestinian Minister said that administrative detention is an illegal and unconstitutional form of imprisonment, as military courts do not have to file charges or reveal the cause of arrest.
Detainees held under administrative detention do not know for sure when, or if, they will be released, as Israel often continues to renew these orders without any prior notice. In some isolated cases, the detainees have been told that they will be released, taken to the main prison gate, and are then informed that a new order was issued against them, usually for three or six months each time.
Qaraqe’ voiced an appeal to human rights groups to apply pressure on Israel and oblige it to end its administrative detention laws as they are arbitrary, unconstitutional, and violate International Law.
He said that all military courts must be boycotted as they base their rulings on “secret files” that even defense attorneys do not have access to.
The wife of Saqer stated that the extended imprisonment of her husband, and the uncertainty of when or if he will be released, directly impacts the family, particularly his children who can’t know for sure when their father will be able to return home.
On January 20, 2012, Saqer declared that he will be boycotting military courts, and stated that appearing in front of military courts and judges provides them with the legitimacy they do not have.
There are 280 Palestinians who are currently imprisoned under administrative detention orders; Israel has issued more than 20,000 administrative detention orders since the year 2000. These orders have also been issued against children and elected legislators.
Related articles
- Speaker Of Palestine Parliament Receives Six Months Administrative Detention (alethonews.wordpress.com)
- Khader Adnan, a Palestinian political detainee in isolation, ACT NOW (seachranaidhe1.wordpress.com)
- Arbitrary Detention and Detention of Children as Adults (altahrir.wordpress.com)
- Israel extends journalist’s detention without trial (alethonews.wordpress.com)
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Book Excerpt
World War Two Was Not a Just War
By David Swanson | September 20, 2016
Excerpted from the just released book War Is Never Just.
World War II is often called “the good war,” and has been since the U.S. war on Vietnam to which it was then contrasted. World War II so dominates U.S. and therefore Western entertainment and education, that “good” often comes to mean something more than “just.” The winner of the “Miss Italy” beauty pageant earlier this year got herself into a bit of a scandal by declaring that she would have liked to live through World War II. While she was mocked, she was clearly not alone. Many would like to be part of something widely depicted as noble, heroic, and exciting. Should they actually find a time machine, I recommend they read the statements of some actual WWII veterans and survivors before they head back to join the fun.[i] For purposes of this book, however, I am going to look only at the claim that WWII was morally just. … continue
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