18 NGOs File an Intervention Before France’s Highest Court on Dangers of The ‘Right to Be Forgotten’

News Update|

Today, 18 expert non-governmental organisations from across the world have filed legal submissions before France’s highest court, the Council of State (Conseil d’État), raising serious concerns about a ruling of France’s data protection authority, la Commission nationale informatique et libertés (“CNIL”), on the “right to be forgotten”.

In 2014, CNIL ordered Google to remove 21 links from the results of an internet search on the name of a French citizen who claims a “right to be forgotten.”  Google initially removed the links from its French search site (www.google.fr) and other European search sites (such as www.google.ie), but CNIL demanded it go further.  Google then blocked the links from results returned to European users, even when using Google’s non-European sites, including www.google.com.

CNIL however demands that when it orders content to be “forgotten” from search results, this decision must be given effect worldwide, meaning that the results must be made unavailable to all users internationally, regardless of where they are accessing internet search engines.  CNIL has also imposed a huge fine on Google, of €100,000.

Read more about it here.

The Evolution of Internet Shutdowns in DR Congo

By Arsene Tungali |
In the past seven years, citizens in the Democratic Republic of Congo (DRC) have experienced a series of intentional interruptions to online communications, affecting the exercise of rights to freedom of expression and information as well as access to services.
The first shutdown of digital communications reported in DRC was in December 2011. The shutdown affected SMS, and lasted 25 days. At the time, few people appreciated the magnitude of this state-initiated act or knew how to respond to it.
The SMS shutdown came in the aftermath of the general elections but just before the announcement of the election results. One of the reasons cited by the government for blocking communication was to prevent the spread of fake results over the internet before the electoral commission announced official results. This SMS communications shutdown went largely unnoticed by the global community who had been captivated earlier in the year by the January 2011 Egyptian internet shutdown.
Three years later in January 2015, the Congolese government again ordered telecommunications companies to block access not only to SMS but also the internet. This shutdown came on the backdrop of protests against a proposed electoral bill. Whereas banks and government agencies were granted access to the internet four days after the shutdown, the general public did not regain access until after three weeks.
The most recent Internet shutdown in DRC occurred on December 19, 2016 – the day President Joseph Kabila was supposed to step down as head of state. There were a lot of planned protests across the country against the president’s stay in office beyond the two term limit, in response to which the government ordered telecom operators to block to social media sites as an attempt to thwart mobilising by protestors.
Recent statistics show that for a population of over 70 million, only 4% of the inhabitants are connected to the Internet due to limited infrastructure and high access costs. Nonetheless, those with access are exploiting various online tools for communication, discourse on governance and activism. According to the State of Internet Freedom in DRC 2016 report, political parties maintain WhatsApp groups for strategic planning of campaign rallies. Meanwhile, through trending hashtags on social media, activists and ordinary citizens create public awareness on issues such as arbitrary arrests and other human rights concerns.
Government actions such as shutdowns, alongside surveillance and censorship practices as documented in the 2016 report, undermine the development of inclusive internet society in the central African country.

“There should be more effort towards developing infrastructure, progressive legislations, private sector investment, local content in local languages and more trainings in digital rights and digital security.”  State of Internet Freedom in DRC 2016

As internet users have become more conscientious of their online rights, many activists and Internet users have turned to the use of Virtual Private Networks (VPN) to circumvent internet blockages. Many more are interested in taking digital security trainings, which explore topics like encryption, mitigating surveillance and tools for safe online communication.

“We knew nothing about VPNs until Internet was blocked in the DRC.” DRC Journalist

The trend of governments initiating internet shutdowns, not only in DRC, has attracted global condemnation. In many cases, these calls have gone unanswered by government officials and communication regulators, leading many to believe that this trend is likely to continue. In the spirit of the multi-stakeholder model of internet governance, other actors (not only government) should continue to play active roles to counter this practice or to support initiatives aimed at promoting more access and affordability in developing countries.

  1. Continued pressure on governments: Stakeholders should keep on applying pressure to those governments that shut down the internet. They should also increase awareness of the implication of a shutdown including the economic losses suffered at a national and micro level. However, this should be supplemented with more research on the economic impact of Internet shutdowns.
  2. The Autonomy of Service Providers: Telecommunications companies often receive orders from governments to block internet access. Clauses in their license agreements force them to comply when such orders are issued, failure of which could result in termination of licences. Nonetheless, telecom companies and ISPs should more actively release details of government information requests, takedown and shutdown notices in a bid to support the transparency of processes and accountability of oversight bodies.
  3. Civil society organisations and awareness: CSOs are among the most vocal groups condemning internet shutdowns in alliance with end-users, activists, journalists, and even private sector. They should also increase the number of trainings and capacity building programs on digital security and inform more people of their digital rights in order to be in a position to demand these rights.
  4. Development of Progressive Policy: In DRC there is a pressing need for new laws that cover the ICT sector. Apart from the constitution, there are only two legislations (the first on Telecommunications and the other establishing the Regulator) both from 2002. The existing legislative and policy framework need to be updated and reframed to provide more clarity on the role of all players in DR Congo’s ICT arena and to provide for online privacy and freedom of expression.

Safeguarding Civil Society: Assessing Internet Freedom and the Digital Resilience of Civil Society in East Africa

By Small Media |
Over the past decade, East Africa has seen a tremendous boom in connectivity and online participation that is beginning to transform the way that citizens across the region communicate, express themselves, and establish communities. In a similar manner, the growth of internet access in the region is beginning to empower civil society organisations (CSOs) to engage with the public, share information, and advocate for citizens’ rights in sometimes challenging and closed political environments. Although the internet offers opportunities to advocates, it also offers the possibility for regional state and non-state actors to interfere with their work, surveil them, and censor their voices.
In this report Small Media, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), DefendDefenders, and Strathmore University’s Centre for Intellectual Property and Information Technology Law have sought to map out the state of internet freedom in East Africa, and assess the extent to which ongoing challenges have impacted negatively upon the work of civil society actors in the region. Although we were not able to map out the state of internet freedom across the entire region, we were able to focus our efforts on some of the lesser-studied digital landscapes – Burundi, Rwanda, South Sudan, Tanzania and Uganda.
To measure the state of internet controls in the region, we have taken the African Declaration of Internet Rights and Freedoms (ADIRF) as our key point of reference. This declaration – drafted and signed by a large array of African civil society organisations in collaboration with global internet freedom organisations – establishes a set of rigorous principles by which governments and other stakeholders must abide in order to guarantee the online rights and freedoms of citizens across Africa.
Over the course of this research, we have found that there is an urgent need for East African civil society to be given support to improve their digital resilience in the face of growing threats of surveillance and censorship across the region. In all of the countries surveyed in this report, CSOs failed to demonstrate a baseline of digital security knowledge, or else failed to implement practices effectively.
DigRes_1 DigRes_2
 
 
 
 
 
 
At the same time, we found that governments across the region require support to bring their policies into compliance with the principles of the African Declaration on Internet Rights and Freedoms – a set of principles developed by African internet freedom stakeholders to guarantee a free and open internet in Africa.
ADIRF_Grid
Small Media, CIPESA, Defend Defenders and CIPIT hope that this research can help to support the security of civil society actors, empower activists to support the principles of the African Declaration, and press their governments to adopt it.
Read the full report here.
 

"What Must Change?" For More Gender Equality Online

Storify |
This International Women’s Month, we reflect on what presently shapes women’s participation in the online arena. On International Women’s Day, 8 March, we hosted Akina Mama Wa Afrika, Women of Uganda Network (WOUGNET), Connecting Voices of Citizens (CVC) and the Ask Your Government (Uganda) online portal in an online Twitter chat during which we asked “What must change?” to enable a more inclusive online community which recognises gender equity.
See some highlights from the chat here
 

Apply for the CIPESA-ICT4Democracy Fellowship Programme: Media

Fellowship Opportunity | 

About the ICT4Democracy in East Africa network
The network works in Kenya, Tanzania, and Uganda to achieve two top-line objectives: 1) Increased citizen participation in governance and the realisation of human rights through ICT; and 2) Improved transparency and accountability of governments through ICT. Partners in the network are the Collaboration on International ICT Policy for East and Southern Africa (CIPESA), the Women of Uganda Network (WOUGNET), Transparency International Uganda, iHub Research (Kenya), the Kenya Human Rights Commission (KHRC), the Commission for Human Rights and Good Governance (CHRAGG, Tanzania) and Toro Development Network (ToroDev). Read more about the network here: www.ict4democracy.org.
Aim of the Fellowship Programme
The CIPESA-ICT4Democracy Fellowship (Media) aims to raise media understanding of, and its effective and consistent reporting of ICT-for-Democracy issues in East Africa. It is expected that the fellowships will result into increased quality and regularity of reporting, as well as a greater diversity of voices, in coverage related to ICT, democracy and human rights.
A total of 12 fellowships shall be issued each year starting May 2017. Applications will be accepted on a quarterly basis as per the below dates:

Fellowship round Application deadline
May – July April 1st
August – October July 1st
November – January September 1st
February – April January 1st

Duration: The fellowship shall last for up to three months but can in some circumstances be shorter.
Outputs
Participants in the media fellowship programme will be expected to create various outputs, which may include print articles such as features, broadcast content, multimedia content (animations and infographics) and social media content, as will be agreed in advance of the start of the fellowship.
Eligibility
Applicants should be early career print, broadcast, online or multi-media journalists. Individuals passionate about media platforms such as bloggers and social media enthusiasts with relevant skills are also welcome to apply. Applicants must be based in Kenya, Uganda or Tanzania. It is preferred that applicants have experience in coverage of areas that are relevant to the work of ICT4Democracy in East Africa partners, which may include social accountability, gender and youth mainstreaming, technology, human rights and governance.
Compensation
The fellows shall be given a modest allowance to cater for expenses related to producing the outputs of their fellowship engagement.
Application process
To apply, email [email protected] with subject line stating Application for Media Fellowship. Submissions should include:

  1. Your CV
  2. A statement of interest that mentions the outputs you intend to produce from the fellowship, how they will be disseminated, and how these outputs are beneficial to the work of the ICT4Democracy network or its partner organisation(s), a suggestion of which partner organisation you wish to be attached to, the duration for which you wish to have the fellowship, and anticipated expenses. The statement of interest should not exceed 3 pages.
  3. Two samples of your work (written or other)
  4. Two reference letters.