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After Pavel Durov’s arrest and Brazil’s ban of Twitter/X, many people immediately jumped to talking about free speech. But those actions were about sovereignty, not speech.

Internet politics is shifting, and if we want to respond to it properly we need to stop framing everything as a speech issue.

disconnect.blog/pavel-durov-an…

in reply to Paris Marx

The fact that something implicates sovereignty doesn't exclude the possibility that it is also about other issues, such as speech, privacy, etc.

For example, when the EU created a rule that prohibited US companies from storing data on servers that the NSA had access to, that was both a sovereignty and a privacy measure.

in reply to Cory Doctorow

When Russia followed suit, that was also a sovereignty and privacy issue, but it also implicated speech, because it created an enforcement nexus for censoring disfavored political views.

When the Saudis bought UK/Israeli malware from NSO Group to lure Jamal Khashoggi to his death, that was a sovereignty issue (the right of a nation state to "lawfully intercept" communications related to its politics), but also a speech issue.

in reply to Cory Doctorow

It's hard to imagine that *any* policy related to a communications medium *wouldn't* have speech implications.

Take the Karla Homolka trial - the first-ever case relating to Canadian sovereignty and the internet. Facially, the press-ban served Canada's sovereign right to preserve the integrity of its justice system; and the American-based Usenet servers that hosted prohibited accounts of the trial violated that sovereignty.

in reply to Cory Doctorow

But when Canadians subsequently learned that the press ban provided cover for wildly incompetent prosecutors and police investigators, whose failures led to a notorious and unrepentant serial killed going free, and who themselves never faced consequences for their professional failures, the sovereignty issue became inextricably embroiled with speech (and the notional beneficiary of the press ban - the justice system - suffered badly as a result).
in reply to Cory Doctorow

The Durov case remains obscure, but there is at least the appearance that the objective of the French prosecutors was to insist upon the introduction of deliberate defects ("back doors") in a widely used end-to-end encrypted messenger. There's no universe in which this isn't a speech issue, irrespective of how you feel about it (as the Khashoggi case irrefutably demonstrates).
This entry was edited (1 year ago)
in reply to Cory Doctorow

@pluralistic It’s not as obscure as you suggest, or as clear that they’re looking for back doors. I’ll grant there’s an element of it that has to do with speech, but the crux of my argument is that constantly using speech and privacy as the central framing of tech issues results in a specific and narrow understanding of the issues and, importantly, the proper response and solutions.
in reply to Paris Marx

The problem is that in the case of lawful interception back doors it IS binary. Either the encryption works - in which case no one can look inside it - or the encryption doesn't work, in which case any sufficiently resourced attacker can get into it, which includes stalkers, spies, griefers, cops without warrants, bosses, and other bad actors.
in reply to Cory Doctorow

This is why discussions of lawful interception and end-to-end encryption always stalemate, because there is no way anyone knows to make encryption that only works when good guys use it.

Either you have working encryption, or you jettison virtually all considerations of speech and privacy.

That's not a false binary, it is a true binary.

in reply to Cory Doctorow

@pluralistic
I lived in the same neighbourhood as Homolka when she was arrested, and I lived in Montreal when she settled there after her release. The complete lack of awareness of the travesty of her trial in Quebec was devastating .

Cory Doctorow reshared this.

in reply to Cory Doctorow

@pluralistic agreed, assigning binary categories to a case like this paves over meaningful distinctions, things too important to dismiss as nuance. It's true that Telegram has been a vehicle for crime including CSAM and Durov has been totally unwilling to take any step against it; it's also true the French government has wanted to shoot holes in every form of private encryption for as long as that's been a topic. There's a lot going on here.


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Judge Cannon Should Have Stuck to the Beaten Path

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This entry was edited (1 year ago)
in reply to Aure Free Press

Fahrenheit temperatures are meaningless to the rest of the world
in reply to Peter Brown

@peterbrown Peter, I remember being in school in the 70s, the thought was the US would be going metric so we studied it. I wonder what happened? I wish we would have changed!




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in reply to Philip Bump

On that chart from Nate Silver you discuss, it’s also good to note that right before the 2016 election Nate’s model gave Clinton a 70% chance of winning. That meant Trump had a 30% chance of winning — which he did. 30% is not a bad chance really. If I thought I had a 70% chance of my flight to Hawaii not crashing I’d skip the vacation.