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.
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.”
Twitter and Facebook Censorship and Mainstream Media Denial
By Craig Murray | December 8, 2016
I had never heard of ghost banning until I was ghost banned by twitter. That of course is the idea – they censor you without you realising that you are censored. People no longer get notifications when I post, and the tweet only turns up in the twitter line of followers who happen to be logged in at the time my tweet goes out. Those logging in later will no longer see tweets I issued while they were away. Most of my tweets no longer show up on twitter searches, and further restrictions are applied when people retweet my tweets.
Since ghost banning, traffic to my website from twitter has fallen 90%.
As twitter do not inform you that you have been ghost banned, it is hard to know exactly what prompted it, but I believe it immediately followed this tweet.
For anyone who gets their news through the mainstream media, the spirit cooking scandal referred to performance art by Marina Abramovic, to an intimate domestic display of which Clinton campaign chairman and paid Saudi lobbyist John Podesta was invited. The performance draws upon occult references and imagery – as an “artist” her inspiration appears to be early Hammer horror films. It involves painting with blood, milk and semen, presumably from animals. To add a frisson, Ms Abramovic has claimed it is art when performed in a gallery, but real when performed in a private home.
Personally, I view it as rubbish as art, and the sort of thing idiots with too much money pay for. I think the occult references give a frisson to the idle rich, like students playing with a Ouija board. Personally I believe that kind of thing is better avoided, but each to his own. What the Podesta emails undoubtedly show is that the rich are not like us. Just as David Cameron sticking his todger in the mouth of a dead pig was an upper class bonding ritual and not actual bestiality, I don’t actually think the Podestas are Satanists. Just weird.
But what is beyond doubt is that the #spiritcooking sensation on social media had a real effect on the US election, and in an election where the margins were so very close potentially an extremely important one. Tens of millions of people saw the images on social media. It galvanised evangelical Christians to vote for Trump and, perhaps much more crucially, it contributed materially to a massive depression of the African American vote for Hillary as millions of African American Christians, disgusted by seeing apparent endorsement of Abramovic’s voodoo and satanic references by the Clinton camp, sat at home and did not turn out to vote. That 2 million black Americans who voted for Obama did not vote for Hillary was not because they are racist – it was because they disliked Hillary for a number of reasons, and spirit cooking was a factor, especially as the famed Democratic machine is heavily reliant upon African American churches for the ground war. I should love to see the influence of the spirit cooking scandal measured, but given that the mainstream media who commission the polls are desperate to deny the effect of WikiLeaks on the election, they are not likely to measure it.
Instead what we have is the “post-truth” narrative. This holds that something is only true if the mainstream media says that it is. It is an easy trick to conflate a dozen ludicrous untrue stories released on social media, and then leap from there to saying everything on social media not endorsed by mainstream media is untrue. It is but a further step to argue that therefore social media must be censored. This is where we came in, with Twitter already doing this to me. Mark Zuckerberg has indicated that Facebook will take further action to prevent dissemination of “untrue” political information. Of course, they already do this, and again I am afraid to say in particular they do this to me. All my blog posts are posted to Facebook as well as twitter. Did you know when you share my post on Facebook, Facebook limits the number of your friends who can see it? In my case the limit is set to ensure that the percentage of incoming traffic to my site that comes through Facebook, is always precisely 5%. To do that, of course, they have to know precisely how much traffic is coming in to this site. Worrying, isn’t it? Before Facebook set the limitation -around the same time as twitter – the amount of incoming traffic from Facebook was around 30% of my traffic.
As with any grossly illiberal cause it is the Guardian which has led the charge for internet censorship in the UK. One hilarious recent Guardian article listed media bias towards Clinton as an example of a post-truth claim. The article did not mention the fact that senior CNN commentator Donna Brazile had been sacked by CNN after WikiLeaks revealed she had been feeding debate questions to Hillary Clinton in advance, nor Wikileaks’ numerous releases of emails detailing partisan collusion with the media to promote Hillary. It did not mention the deliberate and planned timing of primary elections and debates to disadvantage Sanders. In fact, it did not mention any of the inconvenient facts WikiLeaks had revealed. In that, it was absolutely typical mainstream media.
Mainstream media is not post-truth. It never had any connection to the truth.
To complete the chain of dishonesty, the trope of Russian interference in the election is getting a new airing. In a painfully obvious charade, Obama is being “pushed” by his own party to reveal security service information on “Russian interference” in the US election. The focus is particularly on the allegation that the Russian state hacked the Podesta and DNC emails and gave them to WikiLeaks.
The problem is there is no such evidence. There can’t be because both the DNC and Podesta emails were leaked by Washington insiders, to my certain knowledge. I repeat that, to my certain knowledge. Hillary’s pathetic election claim that the security services had information it was the Russians, depended on a statement that the leak was “consistent with Russian methods and objectives”. Look at that statement very carefully. It says “we have no evidence whatsoever, but the President has asked us to blame the Russians”. As I say, I know it wasn’t the Russians. The only “evidence” ever shown to me by those blaming the Russians is that an alleged hacker calling himself “Guccifer” sometimes uses Cyrillic. Which may or may not be true, but as “Guccifer” was neither the source of, nor a conduit for, the leaks it is utterly irrelevant.
Fear not. The truth is out there. People are trying to make it more difficult for you to find, but they will not succeed. In my own humble case, while visits from Facebook and Twitter are radically down, overall numbers are up. The internet somehow always finds a way to work around.
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.
Witch Hunt: “Fake News” Software Touted by CBS News
Creator Admits He Made Up Who Went on Hit List
Yves Smith | Naked Capitalism | December 7, 2016
One of most pernicious means underway to crush independent news sites is the release of software tools that brand them as unreliable. This means that hidden developers and the parties that fed them information are beyond any accountability, yet would serve as censors.
Last week, the Financial Times described efforts to use software to designate certain sites as suspect:
Concern over the impact on voters of soaring amounts of fake news during the US election has sparked a hackathon where the technology industry and the media’s top thinkers are seeking to find new ways to prioritise the truth.
A community has gathered to share ideas around a 58-page Google document started by Eli Pariser, the author of a best-selling critique of social media, The Filter Bubble: What the Internet is hiding from you. A professor has circulated a spreadsheet of reliable and less reliable news sources for comment, while hackathons at Princeton and in the Bay Area have produced prototype products that Facebook could copy…
A team of students won a prize sponsored by Google at a Princeton hackathon last week by creating a quick and dirty prototype of a product that does just that: showing Facebook users a “trust rating” for stories they see, based on an online safety rating provided by “World of Trust”.
If you read the article in full, you’ll see it depicts Wikipedia as a gold standard. As Gary Null discussed yesterday in his Progressive Commentary Hour show (we were a guest; the archived interview should be up later today), it is in fact very difficult to get corrections of Wikipedia entries. Similarly, on certain topics, such as economics, Wikipedia minimizes or excludes non-mainstream views even when they have solid empirical underpinnings and have been given a hearing in academic journals and the press.
The faith in coders coming up with a magic bullet for information validation is similarly questionable. The concern about “fake news” on the Internet is almost comical given that more citizens encounter “fake news” via seeing National Enquirer and National Examiner covers in grocery stores than via websites. It is not hard to imagine that much of the tender concern expressed by the mainstream media is commercial: independent news and analysis sites threaten their legitimacy by exposing how dependent they are on stories planted by government or business sources that these press outlets often fail to vet adequately.
One approach is browser extensions that flag sites as suspect via undisclosed, unverifiable methods. Browser extensions are a particularly pernicious approach, since many users are not even aware that they have installed them, and they update automagically in the background. Most consumers do not know how to check for them or remove them.
Shadowproof exposed how this technological response is being deployed in a reckless, fact-free, libelous manner against Shadowproof, Naked Capitalism, and other long-standing, well-regarded websites. Worse, this dodgy tool was promoted by CBS News. As Kevin Gosztola reports:
CBS News reported developers increased pressure on Facebook to address its “fake news problem” with a browser extension for Chrome and Firefox called the “B.S. Detector.” It claimed the extension relies upon “a constantly-updated list of known fake news sites, propaganda mills and ‘promoters of kooky conspiracy theories’” as a reference point.
However, CBS News was wrong. The extension is not “constantly updated.” The extension, as developer Daniel Sieradski shared, was created to “make fun” of Facebook. Sieradski “scraped some data together” that included sites, which are not “fake news” websites. (One of those sites was Shadowproof.com.)
“B.S. Detector” displays a red banner that indicates a news website is “not a reliable news source.” Up until publication, the extension still flagged Consortium News, Naked Capitalism, Truthout, and Truthdig, even though Sieradski said they would not be listed in the update….
Sieradski claims he never expected this to achieve the kind of success or interest it has garnered in the past couple weeks. He seems reluctant to own the mistakes made and publish a list of the websites that were wrongly included in the initial launch in order to exonerate them.
It does not matter if the improper inclusion of certain websites was done maliciously or accidentally. The effect is the same, at this point. People who do not know better can install the extension, and if they become a unique or new viewer to Consortium News, Naked Capitalism, Truthout, or Truthdig, they will see a red banner that may discourage them from further reading and visits to these sites.
Gosztola is being unduly charitable in how he characterizes the casual way with which Sieradski went about smearing small websites. Sieradski’s Twitter handle is @selfagency and business name is The Self Agency, LLC. This page on GitHub, selfagency/bs-dector, contains this astonishing admission:
As I have repeatedly stated in the press, on our repo, and on our homepage, the dataset was somewhat indiscrimintely compiled and we are slowly making our way through it. We are also looking to partner with media watchdog groups to provide research to back up our inclusions and classifications so that it is neither arbitrary nor the decision of a sole authority.
This is an admission of reckless disregard for accuracy for someone who is making himself an arbiter and doing damage to small sites that have worked long and hard to establish their reputations. This is defamation, pure and simple. Sieradski claims that he is not acting as a censor when he is doing precisely that. The fact that he may get others to participate in this witch hunt does not change the fundamental nature of the activity.
In fact, Sieradski’s ability to rationalize that what he is doing here is on the up and up by virtue of his having donated to the EFF, ACLU, and Chelsea Manning’s defense funds is yet another example of Upton Sinclair’s aphorism, “It is difficult to get a man to understand something when his salary depends on his not understanding it.”
Gosztola points out that the reason that Sieradski was so casual about smearing well-established sites and so unapologetic about reputational harm is that they are assumed to lack the resources to take legal action:
The developers also possess a few viewpoints, which may inhibit their ability to develop an extension that is objective and valuable to news readers.
One, Sieradski has no idea how to handle the problem of corporate news media, which publishes “fake news.” Journalist Marcy Wheeler asked Sieradski why “mainstream fake news” was not flagged through this extension. She wondered why “Squawk Box” financial-type news that pushes a made-up “market” narrative is not flagged. Or what about Fox News? Why aren’t they flagged as a “fake news” website?
Sieradski replied, “We’re working on gathering data on all NewsCorp titles,” and looking for “examples of false stories that point to a pattern of intent to mislead the public.”
It is abundantly evident the developers are going through a much more rigorous process to determine whether it is proper to include Fox News than it is going through other independent news media sites that possibly should not be flagged. Of course, their inclusion is much more detrimental to them because unlike corporate news outlets they do not have significant money and resources.
Due to the traditional media’s eagerness to use the “fake news” meme to regain control over what they once called “the discourse,” independent news sites are under the threat of death by a thousand at best uninformed and at worst malicious efforts to silence them. And for a soi-disant progressive like Sieradski to take up this rancid cause is deeply disturbing.
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.
Israeli nationalists undermine meaning of ‘remembering the Holocaust’
By Yves Engler · December 6, 2016
Is “remembering the Nazi Holocaust and where anti-Semitism can lead” a good thing? Unfortunately, thanks to people who constantly cite this horrible genocide in order to justify the illegal, immoral and anti-human behaviour of the Israeli state, one must answer, “it depends.”
Drawing attention to the Nazi Holocaust and anti-Semitism in Canada today often reinforces, rather than undermines, oppression and discrimination. This perverse reality was on display at two recent events in Toronto.
At a semi-annual Ryerson Student Union meeting, a Hillel member pushed a resolution calling on the union to promote Holocaust Education Week in conjunction with United Jewish Appeal-Toronto, which marked Israel’s 2014 slaughter in Gaza by adding $2.25 million to its annual aid to that wealthy country. The motion stated, “this week is not in dedication to anti-Zionist propaganda” and called for the week to focus “solely on the education of the Holocaust and not on other genocides.”
Objecting to this brazen attempt to use the decimation of European Jewry to protect an aggressive, apartheid state many students left the meeting. When quorum was lost before the vote, pro-Israel activists cried — wait for it — anti-Semitism.
“Tonight, I experienced true and evil anti-Semitism,” complained Tamar Lyons, vice-president of communications for Students Supporting Israel at Ryerson University, in a social media post republished by B’nai Brith. In it, the Emerson Fellow of StandWithUs, an organization that trains university students to advance Israel’s interests, bemoaned how “a Muslim student ‘goy-splained’ me.”
After the meeting, Lyons linked the purported anti-Jewish incident to the Ryerson Student Union endorsing the BDS movement two years earlier. She told the Canadian Jewish News it was “a direct result of [the] boycott, divestment and sanctions movement and the anti-Israel sentiment that’s so prevalent on campus.”
Taking place on the eve of an Ontario legislature vote to condemn BDS activism, the national director of B’nai Brith jumped on the Ryerson affair. “What starts with BDS does not end with BDS,” said Amanda Hohmann. “More often than not, BDS is simply a gateway drug to more blatant forms of anti-Semitism.”
(Yup, take a toke of that leftist–internationalist “pressure Israel to follow international law” bud and soon you’re longing for some Neo-Nazi ‘get-the-Jews’ smack.)
As B’nai Brith hyped the Ryerson affair, the Centre for Israel and Jewish Affairs pushed the Ontario legislature to pass a motion in support of the spurious “Ottawa Protocol on Combating Anti-Semitism” and to reject “the differential treatment of Israel, including the boycott, divestment and sanctions movement.”
Passed 49 to 5 (with 53 absent), motion sponsor Gila Martow told the legislature: “We would not be here supporting the Ku Klux Klan on our campuses, so why are we allowing [the] BDS movement and other anti-Jewish and anti-Israel organizations to have demonstrations and use our campuses, which are taxpayer-funded?”
In an interview with the Toronto Sun after the vote the Thornhill MPP described BDS as “psychological terrorism on the campuses….The motive behind BDS is to hurt the Jewish community by attacking Israel.”
The only MPP who spoke against the motion was the NDP’s Jagmeet Singh. But, even this defender of the right to criticize Israel spent much of his speech talking about how anti-Semitism “must be denounced.”
Notwithstanding the anti-Semitism hullabaloo, the BDS vote and Ryerson affair have little to do with combating anti-Jewishness. As is obvious to anybody who thinks about it for a second, comparing internationalist and social justice minded individuals to the KKK will elicit, not lessen, anti-Jewish animus. Similarly, labeling a non-violent movement “psychological terrorism” and writing about “Muslim goy-splaining” isn’t likely to endear Jewish groups to those concerned with Palestinian dispossession and building a just world.
The major Jewish organizations and trained Israeli nationalist activists scream anti-Semitism to protect Israel from censure, of course. But they also do so because few are willing to challenge them on it. As such, the anti-Semitism smears should be seen as a simple assertion of CIJA and B’nai Brith’s political, economic and cultural clout.
Possibly the best placed of any in the world, the Toronto Jewish community faces almost no discernable economic, social or cultural discrimination. Describing it as “the envy of the UJA federation world,” Alan Dershowitz told its 2014 Toronto Major Gifts dinner: “You mustnever be ashamed to use your power and strength. Never be afraid that people will say, ‘You’re too strong and powerful.’ Jews need power and strength. Without this strength — economically, morally, militarily — we can’t have peace.”
But, UJA-Toronto, CIJA, B’nai Brith, etc. aren’t seeking “peace.” Rather, they’re working to strengthen a Sparta-like, Jewish-supremacist state in the Middle East.
The Ryerson affair and vote at the provincial legislature reflect a Toronto Jewish establishment drunk with its power. But the sober reality of constantly justifying oppression by citing the Holocaust/anti-Semitism is that it undermines the power of that memory and is an insult to all those who suffered and died at the hands of the Nazis.
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