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Posted on Sustainabilitank.info on March 23rd, 2014
by Pincas Jawetz (pj@sustainabilitank.info)

 

Using Copyright to Censor, from Turkey to Svoboda to Ban’s UN & Reuters.

 

By Matthew Russell Lee, The Inner City Press (ICP) at the UN in New York.

 

UNITED NATIONS, March 20 — Turkey has now blocked Twitter citing a prosecutor’s decision, drawing ire in the US from Press Secretary Jay Carney and State Department spokesperson Jen Psaki, after Prime Minister Recep Tayyip Erdogan in order to get his leaked phone calls removed from Google’s YouTube has reportedly “copyrighted” his calls.

 

   This use of copyright to try to censor has echoes in the United Nations — and in Ukraine, where the Svoboda Party tried to get videos of its Members of Parliament beating up a news executive taken down as violations of copyright.

 On the Guardian website on March 21, where the video had been was a notice that “This video is no longer available due to a copyright claim.”

The New York Times reported that late on March 20, YouTube copies of the video were taken down “for violating the copyright of the Svoboda party spokesman, who seems to be working to erase the evidence from the Internet through legal means.”

 

   This is a growing trend. As set forth below, an anti-Press complaint to the UN’s Stephane Dujarric, now Secretary General Ban Ki-moon’s spokesperson, has been banned from Google’s Search by an invocation of copyright similar to Erdogan’s.

 

  On March 21, Dujarric from Kyiv told Inner City Press neither he nor, he assuumed, Ban had seen the Svoboda beat-down video. This seems noteworthy, given its prominence in Ukraine. Now we can add: perhaps Ban and Dujarric didn’t see it due to the same censorship by copyright that has for now banned an anti Press complaint to them from Google’s Search.

 

  And as to Twitter, Dujarric in his previous post in charge of UN Media Accreditation grilled Inner City Press about a tweet mentioning World War Two – the basis for example of France’s veto power in the Security Council, which it parlayed into essentially permanent ownership of the top post in UN Peacekeeping, now though Herve Ladsous (coverage of whom Dujarric tried to dictate, or advise, Inner City Press about.)

 

   Dujarric’s now bipolar tweeting has intersected with a recently revived anonymous trolling campaign which originated in the UN Correspondents Association, in support of the Sri Lankan government, alleging that any coverage of the abuse of Tamils must be funded by the now defunct Tamil Tigers.

 

  These outright attempts to censor are echoed, more genteelly, even as part of the UN press briefings these days. When Dujarric took eight questions on March 20 on Ban’s essentially failed trip to Moscow, fully half went to representatives of UNCA’s 15 member executive committee, including state media from Turkey, France and the United States. Other questions — by Twitter — were not answered, except those from explicitly pro-UN sources. These are the UN’s circles.

 

   Google has accepted and acted on DMCA complaints about leaked e-mails, for example from Reuters to the United Nations seeking to get the investigative Press thrown out, and has then blocked access to the leaked documents from its search.

  Of this abuse of the Digital Millennium Copyright Act, the Electronic Frontier Foundation‘s Intellectual Property Director Corynne McSherry told Inner City Press about the Reuters case:

 

“Unfortunately, it is all too easy for a copyright holder (assuming that the person that sent this notice actually held copyright in the email) to abuse the DMCA to take down content and stifle legitimate speech. As countries outside the US consider adopting DMCA-like procedures, they must make sure they include strong protections for free speech, such as significant penalties for takedown abuse.”

 

  In this case, copyright is being (mis) claimed for an email from Reuters’ Louis Charbonneau to the UN’s chief Media Accreditation official Stephane Dujarric — since March 10 Ban Ki-moon’s new spokesperson — seeking to get Inner City Press thrown out of the UN.

 

  Access to the document has been blocked from Google’s search based on a cursory take-down request under the Digital Millennium Copyright Act.

 

 If this remains precedent, what else could come down?

 

  Why not an email from Iran, for example, to the UN’s International Atomic Energy Agency? Why not a sanctions filing by a country? Here is Reuters logic, accepted if only automatically by Google:

 

The copyrighted material is a private email I wrote in April 2012 and for which I never gave permission to be published. It has been published on a blog and appears in on the first page of search results for my name and the firm I work for, Reuters. It can be seen here: www.innercitypress.com/reutersLC3unmalu.pdf

 

  But this is true of ANY leaked document: it can be said that the entity or person exposed “never gave permission [for it] to be published.” Does that mean Google can or should block search access to it?

 

  Can a complaint to a Media Accreditation official against a competitor legitimately be considered “private”? In any event, the DMCA is not about protecting privacy.

 

  Iran or North Korea could say a filing or status report they make with the IAEA is “private” and was not intended to be published. Would Google, receiving a DMCA filing, block access to the information on, say, Reuters.com?

 

  Charbonneau’s bad-faith argument says his complaint to the UN was “published on a blog.” Is THAT what Reuters claims makes it different that publication in some other media?

 

  The logic of Reuters’ and Charbonneau’s August 14, 2013 filing with Google, put online via the ChillingEffects.org project, is profoundly anti free press.

 

  The fact that Google accepts or didn’t check, to remain in the DMCA Safe Harbor, the filing makes it even worse. The request to take-down wasn’t made to InnerCityPress.com or its server — it would have been rejected. But banning a page from Search has the same censoring effect.

 

  The US has a regime to protect freedom of the press, and against prior restraint. But this is a loophole, exploited cynically by Reuters. What if a media conducted a long investigation of a mayor, fueled by a leaked email. When the story was published, could the Mayor make a Reuters-like filing with Google and get it blocked?

 

  Here is the text of Charbonneau’s communication to the UN’s top Media Accreditation and Liaison Unit official Stephane Dujarric and MALU’s manager, to which he claimed “copyright” and for now has banned from Google’s Search:

———————————————————-

Hi Isabelle and Stephane,

I just wanted to pass on for the record that I was just confronted by Matt Lee in the DHL auditorium in very hostile fashion a short while ago (there were several witnesses, including Giampaolo). He’s obviously gotten wind that there’s a movement afoot to expel him from the UNCA executive committee, though he doesn’t know the details yet. But he was going out of his way to be as intimidating and aggressive as possible towards me, told me I “disgust” him, etc.

In all my 20+ years of reporting I’ve never been approached like that by a follow journalist in any press corps, no matter how stressful things got. He’s become someone who’s making it very hard for me and others in the UN press to do our jobs. His harassment of fellow reporters is reaching a new fever pitch.

I just thought you should know this.

Cheers,

Lou
Louis Charbonneau
Bureau Chief. United Nations
Reuters News Thomson Reuters reuters. com

This email was sent to you by Thomson Reuters, the global news and information company.

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“UNCA” in the for-now banned e-mail is the United Nations Correspondents Association. The story developed here, as to Sri Lanka; here is a sample pick-up this past weekend in Italian, to which we link and give full credit, translated into English (NOT for now by Google) —

The fool of Reuters to the UN

by Mahesh – 12/27/2013 – calls for the removal of a letter from the head of his bureau at the United Nations, pursuing a copyright infringement on the part of the competition.

Try to make out a small competitor from the UN press room and then, when these publish proof of intrigue, invokes the copyright to release a letter from compromising the network.

MOLESTA-AGENCY  Inner City Press is a small non-profit agency covering the work of the United Nations for years, with an original cut, which become distasteful to many. Unlike other matching its founder master sent never tires of asking account of inconsistencies and contradictions and often refers to unpleasant situations involving colleagues and their reportage, too often twisted to obvious political contingencies.

THE LAST CAVITY – In this case the clutch is born when Matthew Lee, Inner City Press ever since he founded and made famous in the 90 ‘s, challenged the screening of “Lies Agreed Upon” in the auditorium of the United Nations, a filmaccio of propaganda in which the Sri Lankan regime tries to deny the now tested massacres (and destroyed by International Crisis Group). In the piece, in which denounced the incident, Lee also announced that the screening was organized by the President of the United Nations Correspondents (UNCA), Italian Giampaolo Pioli, skipping the normal consultation procedure for this kind of events. Pioli then, was also accused of being in a conflict of interest, given that he rented an apartment in New York an apartment to the Deputy Permanent Representative to the UN in Sri Lanka, named Palitha Kohona and is suspected of war crimes.

TRY WITH THE COPYRIGHT- So he comes to the letter with which Louis Charbonneau, Reuters bureau chief at the United Nations, wrote to the Media Accreditation and Liaison Unit (MALU) calling for the ouster of Lee, which the UN being there for years as his colleagues, but we see that this was not done. Lee, however, comes into possession of the letter and publish it, and then writes to Google millantando Charbonneau the copyright on the letter and asking for removal pursuant to the Digital Millennium Copyright Act. That is a bit like if a company request the removal of a compromising document from a journalistic investigation, in the name of copyright, a claim clearly absurd and disingenuous.

HARASSMENT AND THREATS – In the letter published, Charbonneau complained about the aggressive behavior of Lee and cited among the witnesses to cases where Lee had been “aggressive” towards him even Pioli. Lee with that piece has gained throughout a hail of protests from Sri Lanka and an investigation by the UNCA, along with death threats and other well-known amenities the refugees away from the clutches of the regime, but it is still there. Behold then the brilliant idea of Charbonneau, improperly used copyright law to censor the objectionable publications to a colleague and competitor. Pity that Lee has already resisted successfully in similar cases, in 2008 was the same Google to remove your site from being indexed in the news in its search engines, it is unclear what impetus behind, only to regret it soon after that even Fox News had cried scandal.

=======================================

And further – to the place of UN as restricting flow of information – Matthew Lee has the following:
www.innercitypress.com/ukraine2svobodaunseen032214.html

In Ukraine, List of Parties UN’s UNSG Ban Ki-moon Met With Still UNdisclosed, Visa Ban.

By Matthew Russell Lee

 

UNITED NATIONS, March 22 — With UN Secretary General Ban Ki-moon in Kyiv for a second day, it remained unclear if he met with representatives from the Svoboda Party, whose “freedom of speech” parliamentarian was filmed beating up a news executive and then sought to get the video removed from YouTube.

 

  Inner City Press on March 21 asked Ban’s spokesperson Stephane Dujarric, video here

 

Inner City Press: I wanted to ask you about sanctions. I know that in his opening remarks, the Secretary-General talked about provocative actions and counter-reactions and obviously there have been, the US announced sanctions on a slew of individuals and one bank, and another bank, SMP, has been cut off from the Visa and Mastercard system. Russia has its own sanctions. Was this discussed, was this discussed while he was in Moscow? Does the Secretary-General think that sanctions should be done through the UN? And will he meet with representatives of the Svoboda party while he’s there, if they were to request it?

Spokesman Stephane Dujarric: There was a — I will share with you as soon as I get it — the list of party leaders that attended the meeting with the Secretary-General. So we will see who exactly was there and, you know, I’m not going to get into detailed reactions to sanctions and counter-sanctions and so forth. But what I will say is that, you know, everybody needs to kind of focus on finding a peaceful, diplomatic solution and lowering the tensions.

Inner City Press: Has he or you seen the video of the Svoboda party MPs beating up the television executive?

Spokesman Stephane Dujarric: I have not and I doubt that he has.

 

  But more than 24 hours later, the “list of party members” who met with Ban was still not provided or shared, nor was an explanation provided. What should one infer from that?

… … ….

UN Secretary General Ban Ki-moon’s race to Russia for relevance didn’t work as he’d hoped. Just after his meetings with Vladimir Putin and Sergey Lavrov, Lavrov went to the Duma for the next step on Crimea.

  Then Ban’s spokesperson did a call-in Q&A to the UN press briefing room in New York where only questions pointing one way were selected and allowed. Thus, there were no questions to Ban’s spokesperson Stephane Dujarric about the new unilateral sanctions, or the trade embargo allegations.

   On March 19 after US Ambassador Samantha Power said Russia’s Vitaly Churkin was creative like Tolstoy or Chekhov, Churkin asked for a right of reply or additional statement at the end of the March 19 UN Security Council meeting on Ukraine.

   Churkin said that from these two literary references, Power has stooped to tabloids, and that this should change if the US expected Russian cooperation. The reference, it seemed, was to Syria and Iran, and other UN issues.

   One wanted to explore this at the stakeout, but neither Power nor Churkin spoke there. In fact, no one did: even Ukraine’s Yuriy Sergeyev left, down the long hallways with his leather coat and spokesperson. One wondered why.

   There were many questions to ask. Why did Ivan Simonovic’s UN human rights report not mention the Svoboda Party MPs beating up the head of Ukrainian national television?  Will France, despite its Gerard Araud’s speech, continue selling Mistral warships to Russia? What of France’s role in the earlier referendum splitting Mayotte from the Comoros Islands?

  Araud exchanged a few words with those media he answers to while on the stairs, then left. The UK’s Mark Lyall Grant spoke longer, but still left. Why didn’t Simonovic at least come and answer questions? Perhaps he will, later in the week.

    When Security Council session began at 3 pm on March 19, Russia was listed as the tenth speaker, after other Council members including not only the US but France. (The order, however, would soon change: Argentina and Russia switched spots.)

  Speaking first, Deputy Secretary General Jan Eliasson recounted dates and events, such as the US and European Union sanctions of Marcy 17. Inner City Press asked UN spokesperson Stephane Dujarric if there was any UN comment on or view of such unilateral sanctions. There was no comment.

   UN human rights deputy Ivan Simonovic spoke next, saying that attacks on ethnic Russians have been neither widespread nor systematic. Simonovic did not mention the widely publicized assault on a national TV executive by Svoboda Party MPs.

  Ukraine’s Yuriy Sergeyev mocked the referendum, saying that those who didn’t vote were visited at home.

  France’s Gerard Araud said that if there are fascists in this story, it is not where they’re said to be — but he did not address the Svoboda Party and its attack on the TV executive. Nor has he addressed the analogy to the referendum France pushed to split Mayotte from Comoros, nor France’s ongoing sale of Mistral warships to Russia.

  After Nigeria spoke, Argentina’s listed place was taken by Russia, in what has been confirmed to Inner City Press as an exchange. Russia’s Vitaly Churkin zeroed in on Simonovic not mentioning the Svoboda MPs’ assault, nor evidence that the same snipers should police and protesters in Kyiv.

  US Ambassador Samantha Power called this an assault on Simonovic’s report, and said Churkin had been as imaginative as Tolstoy or Chekhov, echoing an earlier US State Department Top Ten list. So what is the US, one wag mused, John Updike or Thomas Pynchon? It was a session meant for words.


Now that UN Secretary General Ban Ki-moon races to Russia for relevance, the news was handed out selectively by UN Moscow three hours before Ban’s new spokesperson, after a request, confirmed it.

   It’s worth remembering Moscow’s anger at who called Ban’s tune on Kosovo. What will be different now? After Russia, Ban will head to Kyiv to meet Yatsenyuk and the UN human rights monitors.

  It was at 6:20 am in New York when BBC said that “UN Moscow office confirm that Ban Ki Moon coming to Moscow tomorrow. Will meet Putin and Lavrov.”

  But no announcement by Ban’s Office of the Spokesperson, which has repeatedly refused to confirm Ban trips even when the country visited has already disclosed it.

  And so the Free UN Coalition for Access wrote to Ban’s new spokesperson Stephane Dujarric:

 

“Will you confirm what BBC says UN Moscow told it, that the Secretary General is traveling to Russia tomorrow to meet President Putin and FM Lavrov — and is so, can you explain why and how this UN news was distributed in that way first, and not through your office, to all correspondents at once? The latter part of the question is on behalf of the Free UN Coalition for Access as well.”

 

   Forty five minutes later, after a mass e-mail, Dujarric replied:

 

“Matthew, The official announcement was just made. The UN office in moscow did not announce anything before we did. I did see some leaked reports this morning from various sources but nothing is official until it’s announced by this office.”

 

  But it wasn’t a “leaked report” — BBC said that UN Moscow had CONFIRMED it. We’ll have more on this. For now it’s worth reviewing Ban Ki-moon’s response to Abkhazia and South Ossetia in 2008…

 

   The day after the Crimea referendum, the US White House announced new sanctions and Russia said Ukraine should adopt a federal constitution.

 

   Inner City Press asked UN Secretary General Ban Ki-moon’s spokesperson Stephane Dujarric for Ban’s or the UN’s comment on either, if Ban thinks sanctions should ideally be imposed through the UN and not unilaterally, and if this might lead to a tit for tat.

 

  Dujarric said Ban’s focus is on encouraging the parties to “not add tensions;” on Russia’s federal constitution proposal he said the UN is “not going to get into judging every step.”  Video here.

 

  With Serry gone from Crimea and Simonovic called unbalanced by Russia, what is the UN’s role? Is it UNrelevant?

 

… … … and there is much more on our link.

 

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