Facebook is rolling out its censorship initiative
By Guilherme Schneider | The Duran | December 11, 2016
According to the latest news, Facebook began testing new tools to carry out its “censorship plan” with the convenient name of “tackling fake news.”
One of the tools being tested will enable users to inform Facebook if certain news stories are using “misleading language”. Some users posted images of a Facebook survey asking them the following question: “To what extent do you think that this link’s title withholds key details of the story?”
It is still unclear what kind of actions will be carried out after this additional user data is collected, but it is likely that some sort of a database, containing the list of “misleading” news websites, will be generated.
In a not so distant past, content curators from Facebook confirmed that they received direct orders from the company to decrease the relevance or even hide from the newsfeed stories and content with conservative language. While this happened in the US, similar stories have been reported in Brazil, the United Kingdom around the time of the Brexit, and in other countries.
Recently, there were other reports that Facebook developed a special software for the Chinese market, that would enable “third parties” to authorize the contents before posting it to the users’ timelines. The initiative would aim to lift the current ban of the social network in the country.
The main difference between this new software and the current content restrictions in some countries is that instead of reacting to a government request to hide some specific content, Facebook would be giving the option to some parties to censor and take down content before it is even posted on the network.
It is true that when you create a profile on Facebook or any other social network, you have to accept their terms and conditions in exchange of the “non-paid” use of their platforms. Most of these terms and conditions allow the social networks to analyze the information you are publishing and reading for several proposes, including targeted advertisements and many others, but is it ethical to take advantage of this information in order to define what content you should or should not see?
Since Snowden’s NSA information leak we know that we can be monitored at any given time by government agencies. The realization of this fact, however, didn’t stop us from using the same networks, nor did it prompt the closure of the NSA or other agencies involved in the perpetual recording and storage of our data.
But now we are entering a whole new level in which companies and governments will attempt to define what is right and wrong for us to see, read and talk about. What’s even more bizarre is that the CEO of Facebook could potentially run for office, while retaining control over one of the most popular social networks in the world, with the capability of retrieving and accessing anyone’s data without any sort of legal process or request.
This Orwellian trend is truly scary and we should really start questioning ourselves about the extent to which we are willing to continue handing out personal data and information to these networks.
Law Enforcement Uses Border Search Exception as Fourth Amendment Loophole
By Sophia Cope | EFF | December 8, 2016
In recent months, U.S. Customs and Border Protection agents have sought access to private data on the cell phones of two journalists. Such incidents are offensive because they threaten the independence of the press and pose specific risks to confidential sources. This government overreach also highlights how weak legal protections at the border for digital devices threatens the privacy of all travelers to and from the U.S., including Americans.
In October 2016, CBP airport agents denied Canadian photojournalist Ed Ou entry into the country, after detaining him for over six hours and seizing his three cell phones. According to Mr. Ou’s ACLU attorney, “When the officers returned the phones to him several hours later, it was evident that their SIM cards had been temporarily removed because tamper tape covering the cards had been destroyed or altered.” Similarly, in July, CBP airport agents detained U.S. citizen and Wall Street Journal reporter Maria Abi-Habib for an hour and a half. When they asked for her cell phones, she refused and referred them to the newspaper’s lawyers. Fortunately, the agents eventually released her without seizing or searching her devices.
Regular travelers are also at risk. We wrote an amicus brief in the case of Ali Saboonchi, a dual citizen of the U.S. and Iran whose cell phones and flash drive were seized at the U.S.-Canadian border after returning from a vacation to Niagara Falls. Mr. Saboonchi had been under investigation for violating the trade embargo with Iran and federal agents took advantage of his presence at the border to invoke the border search exception to the Fourth Amendment.
The Fourth Amendment generally requires the government to obtain a warrant from a judge, based on probable cause that evidence of a crime will be found, before seizing and searching personal property. Thus, if federal agents had wanted to confiscate and rifle through Mr. Saboonchi’s digital devices while he was at home in Maryland, they would have needed to obtain a probable cause warrant to do so.
Decades ago, as we discussed in our brief, the Supreme Court created the border search exception to the Fourth Amendment’s warrant requirement, permitting government agents to search travelers’ luggage, vehicles or persons without a warrant and almost always without any individualized suspicion of wrongdoing.
The Supreme Court made clear, however, that a warrantless and suspicionless search must be for a discrete public interest purpose. Should a search instead be for the purpose of ordinary law enforcement, the government must first secure a probable cause warrant. For example, the government may set up a warrantless and suspicionless vehicle checkpoint to find drunk drivers for the narrow purpose of roadway safety (notwithstanding the fact that drunk drivers may be arrested and prosecuted)—but the government may not set up a warrantless and suspicionless vehicle checkpoint to find illegal narcotics, which amounts to uncovering “evidence of ordinary criminal wrongdoing.”
Thus the Supreme Court created the border search exception only for the narrow purposes of enforcing the immigration and customs laws, including ensuring that duties are paid on imported goods and that harmful people (e.g., terrorists) and harmful goods such as weapons, drugs, and infested agricultural products do not enter the country.
As we discussed in our Saboonchi brief, there is serious doubt as to whether searches generally of cell phones and similar digital devices meaningfully advance the narrow purposes of the border search exception so as to justify the categorical rule that no warrant or suspicion is required, especially in light of the significant privacy interests at stake.
The seizure and search of Mr. Saboonchi’s digital devices specifically was egregious because CBP agents used the border search exception as a loophole around the general Fourth Amendment rule. CBP agents were not acting to enforce the immigration and customs laws—but instead used Mr. Saboonchi’s presence at the U.S.-Canadian border as an excuse to conduct a warrantless search for the purpose of advancing a preexisting law enforcement investigation. Similarly, CBP agents seemed to use the journalists’ presence at international airports as an excuse to gather intelligence. CBP agents interrogated Mr. Ou about the “extremists” he had come into contact with as a journalist. And as Ms. Abi-Habib recounted, the CBP agent who asked for her cell phones stated, “We want to collect information,” presumably related to her foreign reporting.
Warrantless and suspicionless searches of digital devices at the border (or the functional equivalent of the border, such as international airports and other ports of entry) are particularly invasive given the vast amounts of personal information they can store or connect to in the “cloud”—beyond what any piece of traditional luggage can hold.
Courts have recognized the significant privacy interests in today’s digital devices, placing the law related to the border search exception in flux.
The U.S. Court of Appeals for the Ninth Circuit in U.S. v. Cotterman (2013) held that border agents needed to have reasonable suspicion—somewhere between no suspicion and probable cause—before they could conduct a “forensic” search, aided by sophisticated software, of the defendant’s laptop. Unfortunately, the court held that a manual search of a digital device is “routine” and so the standard border search rule applies (i.e., no warrant or suspicion is needed)—even though the privacy interests in any given device do not change.
The Supreme Court held in Riley v. California (2014) that the police may not invoke another exception to the warrant requirement, the search-incident-to-arrest exception, to search a cell phone possessed by an arrestee—instead, the government needs a probable cause warrant. The Court stated, “Our holding, of course, is not that the information on a cell phone is immune from search; it is instead that a warrant is generally required before such a search, even when a cell phone is seized incident to arrest.” The Riley Court focused on the vast amount of personal information stored on or accessible via modern devices: “The United States asserts that a search of all data stored on a cell phone is ‘materially indistinguishable’ from searches of these sorts of physical items. That is like saying a ride on horseback is materially indistinguishable from a flight to the moon… Modern cell phones, as a category, implicate privacy concerns far beyond those implicated by the search of a cigarette pack, a wallet, or a purse.”
While Riley was not a border search case, the Court’s ruling was reasonably broad, thus we argued in our Saboonchi brief that the border search exception should not apply to cell phones and similar digital devices.
In light of these decisions, CBP’s 2009 policy related to searching digital devices at the border is woefully out of date and should be updated.
However, we are eager to further the law in this area—to make it clear that the Riley decision applies at the border. So we are interested in hearing about instances where CBP agents search cell phones, laptops, tablets, or similar digital devices without consent (including whether they access “cloud” content such as social media profiles), either manually or with the aid of software, either at the land borders or following international flights and cruises.
In the meantime, to protect your data when traveling consider some of our quick tech tips, our longer border search whitepaper, our more recent set of tech tips related to encountering the police during protests, and our very comprehensive guide to Surveillance Self-Defense.
Washington Post, State Dept. ‘Fake News’ Lists Threaten Freedom of Speech in US
Sputnik – 10.12.2016
The lists of alleged “fake news” sites being disseminated by the Washington Post and other corporate media outlets as well as bureaucrats at the US Department of State are a direct threat to continued freedom of speech in the United States, US analysts told Sputnik.
According to Beau Grosscup, California State University Professor Emeritus of Political Science, the lists of fake new promoted by The Washington Post and State Department “are direct threats to free speech and critical thinking and independent journalism.”
On Thursday, defeated US Democratic presidential candidate Hillary Clinton warned about the dangers of fake news. In a call for censorship, Clinton insisted that leaders in both the private and public sectors needed to aggressively expand their efforts to crack down on alleged fake news sites — necessarily involving independent and alternative media — in order to protect democracy in the United States.
US analysts reacted with alarm to possible congressional allocations for State Department and other bureaucrats to determine what is fake news, especially given the fact that the now discredited corporate media, in collusion with the establishment, have knowingly spread fake news for years.
Grosscup pointed out that the US corporate mainstream media had systematically disseminated fake news on behalf of both, the US government and big business for generations.
“As powerful corporate and government institutions long in the business of ‘fake news’ on behalf of powerful people and institutions, the hypocrisy and political nature of their effort [to accuse independent news sites] is self-evident,” Grosscup said.
The US government and major corporations had constantly sought to discredit or make invisible “non-establishment” news outlets and investigative journalists especially of the political Left, Grosscup recalled.
The new blacklists went one step further in narrowing the scope of “responsible journalism” by institutional fiat, Grosscup explained.
“Unlike fake news lists produced by individual citizens, due to their corporate/government power base, these essentially secret ‘official black lists’ have instant credibility to many citizens,” he warned.
The new blacklists now being circulated were products of powerful self-anointed guardians of constitutional freedoms and so-called “responsible journalism” who had long sought to control critical discourse, Grosscup observed.
“Their effect is immediate and unless challenged, will further escalate the assault on what is left of North American democracy,” he predicted.
Pittsburgh University Professor of International Affairs Michael Brenner recommended that clear thinking and sensible US policy on the fake news issue should be based on some simple premises:
“Social media, in functional terms, are no different from the telephone. They are a neutral instrument that should be treated as a public utility,” Brener stated.
Grosscup recommended that technical means should in no way be compromised because of its potential use in criminal activity.
He also noted that communications between two or more parties were no business of anyone, least of which State Department or other government bureaucrats, except those participating — unless they were illegal.
“If party ‘X’ doesn’t like the communications they receive, they should have the means to shut it off [through] unlisted phone numbers [or] putting down the receiver,” Brenner said.
It was up to public authorities to determine whether illegal activity had taken place — not Facebook owner Mark Zuckerberg or any other party, Grosscup cautioned.
Hundreds of torture complaints against Shin Bet, no investigations
MEMO | December 9, 2016
Hundreds of complaints of torture against Shin Bet agents have produced not a single criminal investigation, according to a report in Haaretz.
Of the 598 complaints filed between 2001 and 2008, every single case was closed by the Israeli authorities without a criminal investigation.
A department within the Ministry of Justice, Mivtan, is responsible for handling such complaints, yet employs just one investigator.
According to Haaretz, “the unit does not interfere with the Shin Bet’s work, even though complainants have reported harsh and prohibited forms of torture – including severe beatings and extensive sleep deprivation.”
The paper adds that while “Mivtan does not reveal how many complaints it receives, only how many inquiries it conducts; however, attorney Efrat Bergman-Sapir of the Public Committee Against Torture in Israel said her organisation had submitted more than 1,000 complaints since 2001.”
Clinton to Congress: Take action against ‘epidemic of fake news’
Press TV – December 9, 2016
Defeated US Democratic presidential candidate Hillary Clinton has called on Congress to take action against the “epidemic of malicious fake news” that she said represents a “danger” to the “lives of ordinary people.”
“Let me just mention briefly one threat in particular that should concern all Americans,” Clinton said on Thursday speaking at a ceremony on Capitol Hill in Washington, DC, honoring retiring Senate Minority Leader Harry Reid. “Democrats, Republicans, and independents alike — especially those who serve in our Congress.”
“The epidemic of malicious fake news and false propaganda that flooded social media over the past year — it’s now clear the so-called fake news can have real-world consequences,” she added.
Some Democrats, including President Barack Obama, have argued that Clinton lost the presidential election to President-elect Republican nominee Donald Trump because of the spread of fake news online against her.
Obama had been worried about cropping up of multiple pro-Trump fake news websites in the run-up to Election Day and spoken about it with his advisory team before the presidential election, The Independent reported on November 18.
According to reports, hundreds of invented articles had surfaced which promoted Trump and slandered Clinton, and her husband, former President Bill Clinton.
This week, police said a gunman entered a pizzeria in Washington, DC, after he read online that it was tied to a pedophilia ring linked to the Clintons.
“This isn’t about politics or partisanship,” Clinton said during her speech Thursday.
“Lives are at risk — lives of ordinary people just trying to go about their days, to do their jobs, contribute to their communities. It’s a danger that must be addressed and addressed quickly,” she said.
Clinton’s speech was the second public appearance she has made since suffering a crushing defeat at the hands of Trump in the November 8 election.
In her first appearance after the defeat on November 16, Clinton expressed her disappointment of losing to Trump, saying there were times when she wanted to “curl up… and never leave the house again.”
Israeli police say singing event was organized to ‘sympathize with terrorists’

(Photo credit: Ahmad Jalajil)
Ma’an – December 8, 2016
JERUSALEM – Israeli forces raided the Palestinian National Theatre in the occupied East Jerusalem neighborhood of Sheikh Jarrah Thursday evening, preventing organizers from holding an event titled “Sing with Us” for allegedly being organized by the left-wing Popular Front for the Liberation of Palestine (PFLP) in order to “sympathize with terrorists.”
Witnesses told Ma’an that Israeli special forces, police, and intelligence raided the theater, also known as al-Hakawati Theater, during the event, which was organized by the Milad Fund for University Education.
Israeli police spokeswoman Luba al-Samri said in a statement that Jerusalem police chief Yoram Halevy signed an order on Thursday “to prevent holding a conference for the terrorist PFLP group,” citing Article 9 of the newly minted anti-terrorism law of 2016 — that members of Israel’s parliament have referred to as “draconian and unacceptable.”
“The chief’s decision was made after receiving intelligence information that the aforementioned terrorist group plans to hold a conference in order to sympathize with terrorists and other issues,” al-Samri’s statement continued.
“After the decision, a police unit headed to the designated place in East Jerusalem and prevented the holding of the conference without any exceptional incidents.”
The Israeli law, which was passed in June, includes a provision expanding the definition of terrorist organization membership to include “passive members” who are not actively involved in any group, but can now be indicted by Israeli authorities. It applies only inside Israel and occupied East Jerusalem, but not the occupied West Bank.
Head of the Joint List of Israel’s parliament Ayman Odeh said at the time of the legislation’s passage that it will damage Israel’s security cooperation with the PLO and Palestinian Authority in the occupied West Bank, pointing out that Israel considers the majority of political parties within the PLO — including the PFLP — to be terrorist organizations.
For Palestinians, the PFLP — founded by a Christian doctor, George Habash — is the most popular political faction for secular leftists.
Meanwhile, Reuters reported last month that al-Hakawati, after operating for three decades as a leading cultural center for Palestinians in occupied East Jerusalem, faced closure by Israeli authorities as a result of unpaid bills to the Jerusalem municipality amounting to $150,000, citing Palestinian commentators who believed Israeli authorities were pressuring the theater in order to “marginalize Arabic cultural and arts institutions.”

(Photo credit: Ahmad Jalajil)

(Photo credit: Ahmad Jalajil)

(Photo credit: Ahmad Jalajil)
German lawmaker warns Facebook to censor “hate speech” or face consequences
By Alex Christoforou | The Duran | December 8, 2016
The German neo-liberal class of lawmakers continue to push the “hate speech” agenda, which is really just the beginning of the German government (and eventually the entire European Union) censoring speech that they deem inappropriate in terms of their world view and agenda.
Who defines what “hate speech” is? Where does hate speech end, and full on government censorship begin? German lawmakers could never answer these questions, nor do they want to. They simply want to get the ball rolling on curbing dissenting voices, so as to have complete control of the media and social narrative.
Expecting Facebook to be judge, jury and executioner when defining “hate speech” is unrealistic, and sets a very dangerous precedent. It is also intrinsically anti-internet. The web was founded on freedom of expression. Germany lawmakers wish to break a core function of what makes the internet work.
Speaking at a party conference of Chancellor Angela Merkel’s Christian Democrats (CDU), Volker Kauder suggested German politicians were running out of patience with efforts by social media companies to censor hate speech.
“I expect from big companies like Facebook that they adhere to laws. If they are not respected then we must think about new possibilities, fines for example.”
“They say there is too much. But a big auto manufacturer that produces millions of cars can’t say: ‘I produce so many cars that I can’t guarantee they are all secure.’ No, that is not on. I expect and demand from Facebook that laws are upheld.”
Very smart analogy by Mr. Kauder… comparing social media posts to building automobiles. We all know that building a car is exactly the same as composing a tweet.
Facebook declined immediate comment on Kauder’s remarks.
Reuters reports…
Germany is seen as a forerunner when it comes to forcing Facebook to step up efforts to police online hate speech, which has risen here following an influx of almost one million migrants, mainly from the Middle East, last year.
Politicians are also worried about how hate speech and fake news could sway public opinion ahead of elections next year in which Merkel will be running for a fourth term and facing an increasingly popular far right.
Last year, Justice Minister Heiko Maas set up a task force made up of representatives from Facebook, Google’s YouTube and Twitter as well as nonprofit groups to discuss ways to combat the rise in online hate speech.
The platform providers signed up to a voluntary code of conduct to take action to remove hate posts within 24 hours.
Results of a survey published in September by a group that monitors hate speech found Facebook removed about 46 percent of illegal content reported by users within 24 hours, significantly more than YouTube and Twitter which deleted just 10 percent and about 1 percent respectively.
Maas has repeatedly warned that he will propose legislation if the social media networks do not remove at least 70 percent of hate speech by March next year.
Kauder said Maas, a member of the Social Democrats, Merkel’s junior coalition partner, was being too easy on social media.
“We have a roundtable and now we must wait … but after the Christmas break is the end of the roundtables. We’ve sat at roundtables long enough. Now we want to see actions.”
Journalism Fail: Washington Post Story on ‘Fake News’ Was Fake
Sputnik – 08.12.2016
Following public backlash, legal threats, and sustained mocking, the Washington Post has added an editor’s note distancing the newspaper from a shadowy website called PropOrNot which they had preciously endorsed as “experts” on “fake news” and “Russian propaganda.”
In an ironically fake news article about “fake news” by Craig Timberg the Washington Post claimed that Russian propaganda helped Donald Trump win the US presidential election. A large part of the basis for the piece was centered on evidence the paper presented that was gleaned from an aggressively anonymous website called PropOrNot, which lists over 200 websites that they accuse of peddling what they call Russian propaganda, and other false narratives. Popular news websites on all sides of the political spectrum are listed, including The Drudge Report, Zero Hedge, TruthOut, Sputnik News, and WikiLeaks.
The Washington Post has now added the following editor’s note to the article:
“The Washington Post on Nov. 24 published a story on the work of four sets of researchers who have examined what they say are Russian propaganda efforts to undermine American democracy and interests. One of them was PropOrNot, a group that insists on public anonymity, which issued a report identifying more than 200 websites that, in its view, wittingly or unwittingly published or echoed Russian propaganda. A number of those sites have objected to being included on PropOrNot’s list, and some of the sites, as well as others not on the list, have publicly challenged the group’s methodology and conclusions. The Post, which did not name any of the sites, does not itself vouch for the validity of PropOrNot’s findings regarding any individual media outlet, nor did the article purport to do so. Since publication of The Post’s story, PropOrNot has removed some sites from its list.”
After the publication of its article, the Post was slapped with a letter from Naked Capitalism, one of the websites listed, demanding a full retraction and threatening a defamation lawsuit. “You did not provide even a single example of ‘fake news’ allegedly distributed or promoted by Naked Capitalism or indeed any of the 200 sites on the PropOrNot blacklist,” the attorney representing the website, Jim Moody wrote.
“You provided no discussion or assessment of the credentials or backgrounds of these so-called ‘researchers’ (Clint Watts, Andrew Weisburd, and J.M. Berger and the ‘team’ at PropOrNot), and no discussion or analysis of the methodology, protocol or algorithms such ‘researchers’ may or may not have followed.”
While declaring that the entities behind the PropOrNot operation were “experts,” the Post refused to name them. Though their motives remain unknown, the organization previously promoted a Ukrainian hacker group on their Twitter feed.
Interestingly, a bill was introduced November 22, just two days before the Post published the November 24 article in question, which would allow lawmakers to crack down on websites deemed to be “Russian propaganda” or “fake news.” Tucked neatly inside the Intelligence Authorization Act for Fiscal Year 2017, the bill appears to be aimed at cracking down on free speech.
“It is easy to see how this law, if passed by the Senate and signed by the President, could be used to target, threaten, or eliminate so-called ‘fake news’ websites, a list which has been used to arbitrarily define any website, or blog, that does not share the mainstream media’s proclivity to serve as the Public Relations arm of a given administration,” Global Research reported.
The bill must now pass through the Senate, but a top aide to Rand Paul has informed Sputnik News that the Senator is currently holding the bill for a variety of reasons.
Social media companies begin collaboration to fight online “extremism”
By Alex Christoforou | The Duran | December 6, 2016
YouTube and Facebook have started using hashes to automatically remove extremist content.
Giant tech companies are banding together to stop extremism on the web.
YouTube, Facebook, Twitter, and Microsoft will begin sharing a common database to flag accounts and user profiles they deem as threats to global security.
In a joint statement, the companies in the collaboration said…
“We hope this collaboration will lead to greater efficiency as we continue to enforce our policies to help curb the pressing global issue of terrorist content online.”
The companies will share ‘hashes’, or unique digital fingerprints, assigned to extremist videos or photos which have been flagged or removed from their platforms.
While it’s well and good for private corporations to do what they want with their own platform, or even create an oligopoly that shares data between platforms… the slippery slope begins once the goal posts for “what is deemed extreme” gets wider and wider.
The fact that the EU is the major driving force behind this initiative should give everyone even more pause as to the true intentions of this collaboration.
Reuters reports…
Tech companies have long resisted outside intervention in how their sites should be policed, but have come under increasing pressure from Western governments to do more to remove extremist content following a wave of militant attacks.
YouTube and Facebook have begun to use hashes to automatically remove extremist content.
But many providers have relied until now mainly on users to flag content that violates terms of service. Flagged material is then individually reviewed by human editors who delete postings found to be in violation.
Twitter suspended 235,000 accounts between February and August this year and has expanded the teams reviewing reports of extremist content.
Each company will decide what image and video hashes to add to the database and matching content will not be automatically removed, they said.
The database will be up and running in early 2017 and more companies could be brought into the partnership.
The European Union set up an EU Internet Forum last year bringing together the internet companies, interior ministers and the EU Counter-Terrorism Coordinator to find ways of removing extremist content.
The Forum will meet again on Thursday, when ministers are expected to ask the companies about their efforts and helping to provide evidence to convict foreign fighters.
