In A Speech Any Autocrat Would Love, French President Macron Insists The Internet Must Be Regulated

from the hate(d)-speech dept

Props to French President Emmanuel Macron, who had a busy week last week, what with the observance of the World War I armistice centennial, the Paris Peace Forum, the Internet Governance Forum (IGF), and various other related events. All drew attendees and attention from around the world to his capital city, and all required his participation in some significant way, including through the delivery of several speeches that each surely required substantial preparation to deliver so capably. Techdirt has already covered a few minor aspects of the IGF speech: the announcement that France would embed officials with Facebook, and reference to the "Paris Call." But in terms of the major substance of the speech, there are few compliments that can be paid.

At best it was the sort of speech that someone completely new to tech policy might have come up with. Someone who, upon finding an imperfect situation, presumes that they are the first to notice the issue. And then takes it upon themselves to heroically step in to address the problem, despite the fact that their proposed "solution" reflects an incomplete understanding of the matter.

There are a number of ways this incomplete understanding infected his speech and undermined the quality of his recommendation. There was, for instance, his erroneous declaration that the Internet today is too much about content distributors not enough about content creators. This declaration alone suggests a very poor understanding of all the myriad ways people all over the world use the Internet to create and then disseminate their expressive works themselves. In and of itself it calls into question whether his overall suggestion is capable of being adequately protective of all this expression.

Because it appears not, and not just because of this limited understanding of how the Internet is used. It also ignores the critical countervailing concerns that have long deemed his proposed "fix" to be an unacceptable one. Because the "cure" he proposed — greater regulation of the Internet — is a dangerous one that would destroy all that he purports to want to protect.

We were off to a bad start with his initial skewering of net neutrality, a topic slated to be dealt with head-on by EU regulators next year. To summarize his general view on the subject: sure, we don't want certain ideas to be marginalized. We should defend people's access to the Internet, he said, but not always. He interprets the term "neutrality" to mean that all ideas have to be treated equally, but, in his view, some ideas are more equal than others. And this is what so offends him: net neutrality allows those who do not share "our values" to spread their ideas too.

This appeal to "values" was a recurring reference that underpinned his speech. Thanks to the Internet, Macron said, we saw an upsurge in democracy (i.e. Tahrir Square). Now, however, he complained, the Internet is being deployed by fringe elements to work against those democratic values. As he put it, in the name of liberty we are allowing the enemies of liberty to speak, and this, Macron insisted, needs to end through the imposition of regulation on the Internet and its actors.

Of course it's not that the values he champions are bad: liberal democracy and personal liberty are certainly worth defending. And he's right to recognize that the Internet can be a valuable tool for advancing those values. He's also right to observe that some use the Internet to advance contrary values. But any autocrat can make the very same argument about how regulation of expressive technology is necessary to preserve a society's "values," and nearly all do.

There is nothing magical about any particular set of values that makes regulation designed to enforce them better than regulation designed to suppress them. Regulation that gives someone the power to decide which values are the good ones and which are the bad is regulation that gives someone the power to suppress any values, including the ones you prefer. Indeed, that's the very point of the very values he champions, to ensure that no one gets that power. You simply can't create that power and expect it not to be used badly.

At some level Macron understands this problem. In the same speech he lamented the autocratic approach of "China Cyberspace" as being a poor choice for the Internet's future, and yet that's exactly the future he invites as he calls for the Internet to be as tightly controlled by his preferred regulators as China would want it to be by its own.

But Macron fears that the only other choice to the regulatory solution he proposes is "California Cyberspace," where California-based companies instead are the de facto regulators of the Internet.

Again, though, Macron misapprehends the current situation, in at least two significant ways. First, part of his objection to the Internet being "regulated" by California companies is that he didn't vote for them, and thus he fears that he has no way to ensure that they act in a way that he considers sufficient to protect the values he prefers. But installing governments, even elected EU governments, as regulators of the Internet provides no guarantee that these values will be any better protected. France itself has members of the far right making increased inroads into government, as does Germany. The democratically-elected government in Poland is busy attacking its independent judiciary for not being nationalistic enough, while Hungary's is currently attempting to ban protest. Just the day before Macron told the world how poisonous nationalism is, and yet the regulation he prescribes would give nationalists in governments the tools to cement their alternative values.

The other significant misapprehension upon which his proposal is based is that "California Cyberspace" is a lawless zone. But not all law must say no; the laws that have allowed the Internet to thrive in California and beyond have been laws that have said yes to innovation and expression and worked to protect them from interference, including Section 230, the First Amendment, and even, to a degree, the DMCA. All of these sorts of legal structures are what enable the actual protection of all those very same liberty values Macron says he wants to foster.

But that's not the sort of regulatory approach Macron proposes. He wants one that will say no to technology — and, importantly, the expression facilitated by this technology — when he believes technology should say no to expression. In his mind this is a modest proposal, one that simply calls for regulation by international consensus via organizations like the IGF. He said this was to help transcend the "rifts" caused by different nations' regulatory approaches. But given that next year's IGF has been scheduled over Thanksgiving week, thereby shutting out many of the American participants who would prefer to observe one of the most significant holidays in the American calendar with their family, as is traditional, rather than on their own, working to save the Internet a continent away, it hardly seems like international pluralism is really high on the IGF agenda.

Instead it seems that the goal is to empower his own government with the ability to decide for the world what the Internet can be used for. While his call for this regulatory crackdown may be packaged up in language touting freedom, democracy, equality, and international cooperation, it is still the cry of the censor keen for the power to refuse others' expression.

Filed Under: emmanuel macron, eu, europe, france, free speech, regulation

French President Pushing 'Fake News' Bill That Would Demand Decisions From Judges In 48 Hours

from the 48-hours-or-your-violated-rights-are-free dept

France's government will likely be following Germany's into the halls of speech regulation infamy. Germany's new "hate speech" law backed 24-hour removal demands with hefty fines to ensure social media platform compliance. This has prompted proactive enforcement by Twitter and Facebook, resulting the removal of content that doesn't violate the law, along with the removal of satire's life support.

The French government is already eyeballing a carbon copy of this hate speech law. But it's willing to do Germany one better: it wants to regulate "fake news." This push comes from new president Emmanuel Macron, who's decided to make his personal beef with fake news a public concern. A false story about offshore accounts owned by Macron made its way around the internet during his presidential campaign, prompting him to declare war on "fake news" if he was elected.

He's been elected, and now appears to be abandoning the base that thought he would be less radical and more reasonable than many of his opponents.

Taking aim at so-called fake news, France’s Parliament on Thursday is set to begin debating a tough bill aimed at repressing phony news items, one pushed by President Emmanuel Macron amid criticism that it poses a potential threat to press freedom.

The measure would allow judges to block content deemed false during a three-month period preceding an election.

During elections, it appears normal speech protections will be disabled. And it will be France's court system doing the heavy lifting under duress. The law would force judges to make a call on suspected "fake news" within 48 hours of the government submitting its case. Forty-eight hours is a ridiculous turn time for judicial matters, which makes it extremely likely literal judgment calls will be blown and/or overblocking will occur.

This also allows the French government to make the initial declaration of a news item's veracity. Forty-eight hours is barely enough time to read the government's case and pass a judgment, much less provide any due process to those accused of faking their news. Anyone who can't find something wrong with the general idea of a government declaring certain speech bogus and placing it before a judge with ticking time is either a budding authoritarian or Emmanuel Macron.

Unfortunately for Macron, the not-so-very-enlightened president is going to have a hard time shoving this terrible idea down parliament's throat. He's getting shot from both sides during his push to harm free speech protections and journalists.

[I]n heated exchanges in parliament on Thursday, members of the rightwing Les Républicains party accused Macron of trying to create a “thought police” that threatened freedom of expression. The leftwing France Insoumise party warned of a new kind of censorship and cautioned against a hasty, unnecessary and ineffective law against an ill-defined concept of fake news.

France's culture secretary said these fears were overblown as was any perceived attack on journalists. But the law Macron is pushing would do exactly what the culture secretary denies it will do. Supposedly "professional media" won't be targeted. But how can that statement possibly be true?

Social networks would also have to clearly state who was sponsoring content. The law would also give the French media regulator new powers to remove broadcasters’ rights to air content in France if it is deemed to be deliberately fake or implausible. Foreign broadcasters could be taken off air if they were deemed to be attempting to destabilise France, a measure taken to be aimed at Russian state-backed outlets.

Even if the culture secretary is to be believed, this just means the government will decide who is or isn't a journalist after the law is passed -- most likely on a case-by-case basis that allows it to target those perceived of being less able to challenge a judicial determination. Journalism isn't something only big name news agencies do. Plenty of amateurs engage in journalism and it will be those without privilege or access who can most easily be silenced by the government's "fake news" accusations.

Filed Under: censorship, emmanuel macron, fake news, france, free speech

France Testing Out Special Encrypted Messenger For Gov't Officials As It Still Seeks To Backdoor Everyone Else's Encryption

from the roll-yer-own dept

The French government has been pushing for a stupid "backdoors" policy in encryption for quite some time. A couple years ago, following various terrorist attacks, there was talk of requiring backdoors to encrypted communications, and there was even a bill proposed that would jail execs who refused to decrypt data. Current President Emmanuel Macron has come out in favor of backdoors as well, even as he's a heavy user of Telegram (which isn't considered particularly secure encryption in the first place).

But now, the French government is apparently moving forward with its own, homegrown, encrypted messaging system, out of a fear that other -- non-French -- encrypted messaging apps will be forced into providing backdoors to their own systems:

The French government is building its own encrypted messenger service to ease fears that foreign entities could spy on private conversations between top officials, the digital ministry said on Monday.

None of the world’s major encrypted messaging apps, including Facebook’s WhatsApp and Telegram - a favorite of President Emmanuel Macron - are based in France, raising the risk of data breaches at servers outside the country.

There are a number of silly things here. First off, the fact that they're doing this should make it clear why it's been so stupid to have the government itself calling for backdoors. Clearly, the French government understands the risks involved, or it wouldn't be doing this in the first place. The message it seems to be sending is that keeping messages and communications secure is important... but only for government officials. For the peasants? Let them eat insecure messages, I guess.

Second, there should be questions about how well this will be implemented. The report does note that they're using "free-to-use code found on the Internet," which (hopefully?) means they're basing it on Open Whisper Systems' encrypted messaging code, which is freely available and is generally considered the gold standard (Update: actually it's based on Riot/Matrix and apparently the plan is to open source it -- which is good). However, doing encrypted messaging well is... difficult. It's the kind of thing that lots of people -- even experts -- get wrong. Rolling your own can often get messy, and you have to bet that a government rolling its own encryption for government officials to use is going to be a clear target for nation-state level hackers to try to break in. That's not to say it can't be done, but there are a lot of tradeoffs here, and I'm not sure that the best encryption is going to come from a government employee.

Also, the report suggests that this technology "could be eventually made available to all citizens," which would certainly be interesting, but would seem to contradict with all of those reports and statements about demanding backdoored encryption. Given how often the French government (and the President) have asked for backdoors, would any French citizen ever feel particularly secure using an "encrypted" messaging system offered up by that same French government?

Filed Under: backdoors, emmanuel macron, encryption, france

Really Bad Ideas: French President Macron Wants To Ban 'Fake News' During The Election

from the now-define-it dept

French President Emmanuel Macron was held up by some in the tech industry as a moderate who "got technology" leading up to his election. And yet, every time he seems to weigh in on tech related issues, it's with an absolutely terrible take on it. He wanted to mandate encryption backdoors and demand internet censorship of "radicals" online who post "inflammatory content." And now he's expanding that position and saying he wants to ban "fake news" during election season.

In his new year’s speech to journalists at the &‌Eacute;lys&‌eacute;e palace, Macron said he would shortly present the new law in order to fight the spread of fake news, which he said threatened liberal democracies.

New legislation for websites would include more transparency about sponsored content. Under the new law, websites would have to say who is financing them and the amount of money for sponsored content would be capped.

For fake news published during election seasons, an emergency legal action could allow authorities to remove that content or even block the website, Macron said. “If we want to protect liberal democracies, we must be strong and have clear rules,” he added.

The transparency idea isn't such a bad one (though the details would matter quite a bit), but it's unclear why the amount of money for sponsored content should be capped if it's clearly labeled and disclosed. But the really troubling part is that last one, allowing for "emergency legal action" to remove content. It may not be surprising that Macron is saying this about fake news -- since there were reports of a burst of fake new campaigns that tried to influence the French electorate to vote against Macron in the election.

But, as we've discussed many, many times -- the idea of government-mandated censorship, even if for the idea of stopping "fake news" is a terrible idea. It will be abused and abused badly. Remember, while the term "fake news" was first popularized by people who were upset about Donald Trump's election, he's now co-opted the term and uses it to argue that any media report that makes him look bad is "fake news." Imagine what a Trump or a French Trump-like figure would do with this kind of power?

A big part of the problem, obviously, is that "fake news" means different things to different people, and whoever has the power to order such content taken down will have plenty of opportunities to abuse that power -- such as to take down news that is merely unflattering to those in power. Or, even on a more subtle level, what if an unflattering story has a few small errors or misrepresentations. Claim "fake news" and make it disappear. This eagerness of so many to immediately leap to "censor it!" as the only possible response to propaganda is highly troubling -- and most certainly goes against the French ideals of freedom.

Filed Under: censorship, emmanuel macron, fake news, france, free speech

May And Macron's Ridiculous Adventure In Censoring The Internet

from the these-are-bad-ideas,-marc dept

For some observers, struggling UK Prime Minister Theresa May and triumphant French President Emmanuel Macron may seem at somewhat opposite ends of the current political climate. But... apparently they agree on one really, really bad idea: that it's time to massively censor the internet and to blame tech companies if they don't censor enough. We've been explaining for many years why this is a bad idea, but apparently we need to do so again. First, the plan:

The prime minister and Emmanuel Macron will launch a joint campaign on Tuesday to tackle online radicalisation, a personal priority of the prime minister from her time as home secretary and a comfortable agenda for the pair to agree upon before Brexit negotiations begin next week.

In particular, the two say they intend to create a new legal liability for tech companies if they fail to remove inflammatory content, which could include penalties such as fines.

It's no surprise that May is pushing for this. She's been pushing to regulate the internet for quite some time, and it's a core part of her platform (which is a bit "weak and wobbly" as they say these days). But, Macron... well, he's been held up repeatedly as a "friend" to the tech industry, so this has to be seen as a bit of a surprise in the internet world. Of course, there were hints that he might not really be all that well versed in the way technology works when he appeared to support backdoors to encryption. This latest move just confirms an unfortunate ignorance about the technology/internet landscape.

Creating a new legal liability for companies that fail to remove inflammatory content is going to be a massive disaster in many, many ways. It will damage the internet economy in Europe. It will create massive harms to free speech. And, it won't do what they seem to think it will do: it won't stop terrorists from posting propaganda online.

First, a regime that fines companies for failing to remove "inflammatory content" will lead companies to censor broadly, out of fear that any borderline content they leave up may open them up to massive liability. This is exactly how the Great Firewall of China works. The Chinese government doesn't just say "censor bad stuff" it tells ISPs that they'll get fined if they allow bad stuff through. And thus, the ISPs over-censor to avoid leaving anything that might put them at risk online. And, when it comes to free speech, doing something "the way the Chinese do things" tends not to be the best idea.

Second, related to that, once they open up this can of worms, they may not be happy with how it turns out. It's great to say that you don't think "inflammatory content" should be allowed online, but who gets to define "inflammatory" makes a pretty big difference. As we've noted, you always want to design regulations as if the people you trust the least are in power. This is not to say that May or Macron themselves would do this, but would you put it past some politicians in power to argue that online content from political opponents is too "inflammatory" and thus must be removed? What about if the press reveals corruption? That could be considered "inflammatory" as well.

Third, one person's "inflammatory content" is another's "useful evidence." We see this all the time in other censorship cases. I've written before about how YouTube was pressured to take down inflammatory "terrorist videos" in the past, and ended up taking down the account of a human rights group documenting atrocities in Syria. It's easy to say "take down terrorist content!" but it's not always easy to recognize what's terrorist propaganda versus what's people documenting the horrors that the terrorists are committing.

Fourth, time and time again, we've seen the intelligence community come out and argue against this kind of censorship, noting that terrorists posting inflammatory content online is a really useful way to figure out what they're up to. Demanding that platforms take down these useful sources of open source intelligence will actually harm the intelligence community's ability to monitor and stop plans of attack.

Fifth, this move will almost certainly be used by autocratic and dictatorial regimes to justify their own widespread crackdown on free speech. And, sure, they might do that already, but removing the moral high ground can be deeply problematic in diplomatic situations. How can UK or French diplomats push for more freedom of expression in, say, China or Iran, if they're actively putting this in place back home. Sure, you can say that they're different, but the officials from those countries will argue it's the exact same thing: you're censoring the internet to "protect" people from "dangerous content." Well, they'll argue, that's the same thing that we do -- it's just that we have different threats we need to protect against.

Sixth, this will inevitably be bad for innovation and the economy in both countries. Time and time again, we've seen that leaving internet platforms free from liability for the actions of their users is what has helped those companies develop, provide useful services, employ lots of people and generally help create new economic opportunities. With this plan, sure, Google and Facebook can likely figure out some way to censor some content -- and can probably stand the risk of some liability. But pretty much every other smaller platform? Good luck. If I were running a platform company in either country, I'd be looking to move elsewhere, because the cost of complying and the risk of failing to take down content would simply be too much.

Seventh, and finally, it won't work. The "problem" is not that this content exists. The problem is that lots of people out there are susceptible to such content and are interested and/or swayed by it. That's a much more fundamental problem, and censoring such content doesn't do much good. Instead, it tends to only rally up those who were already susceptible to it. They see that the powers-that-be -- who they already don't trust -- find this content "too dangerous" and that draws them in even closer to it. And of course that content will find many other places to live online.

Censoring "bad" content always seems like an easy solution if you haven't actually thought through the issues. It's not a surprise that May hasn't -- but we had hopes that perhaps Macron wouldn't be swayed by the same weak arguments.

Filed Under: censorship, emmanuel macron, filtering, france, free speech, inflammatory content, intermediary liability, terrorism, terrorist content, theresa may, uk
Companies: facebook, google

Moderate French Presidential Candidate Suggests He May Pressure US Tech Companies Into Creating Encryption Backdoors

from the safety-through-insecurity dept

France's presidential election season has kicked in. The supposed "moderate" of the bunch -- Emmanuel Macron -- has managed to gain considerable support in the last several months. Some of this has sprung from our own recent election. Earlier this year, the candidate took digs at Trump's anti-climate change stance, stating France would welcome dejected US scientists with open arms.

He also said this, taking a shot at Trump's planned border wall.

Macron also had a thinly veiled dig at Trump’s intention to build a wall along the Mexico border, comparing it to France’s Maginot Line, which in 1940 failed to keep Nazi invaders out of France.

“I don’t want to build a wall. I can assure you there’s no wall in my program,” he told about 8,000 cheering supporters. “Can you remember the Maginot Line?”

Macron has, for the most part, refused to get swept up in post-terrorist attack hysteria. Most of his statements have stressed restraint rather than indulge in expansions of government power, as so many others are prone to do.

But something's changed recently. Macron may be the moderate who doesn't want European nations to turn into police states in reaction to terrorist attacks. But he appears to feel there's a certain amount of security/privacy that could be sacrificed to fight terrorism.

Speaking at his Paris launch, Mr Macron said he wants to legally compel social media companies to give authorities access to encrypted messages between terror suspects.

"Democratic states must have access to content exchanged between terrorists on social media and instant messaging," he said, while introducing a five-point strategy that would bring in new powers across Europe.

He said it was "no longer acceptable" for companies to insist that they have a contractual obligation to clients after offering protected communication.

He cited Google, Facebook, Apple and Twitter as those he wants to have frank discussions with.

This sounds like the French counterpart to the "adult conversations" FBI Director James Comey wants to have with tech companies about encryption. Of course, in Comey's case, the "conversation" doesn't necessarily even have to include tech companies. He's fine with legislation or All Writs Orders or whatever for the time being -- anything that doesn't involve actually speaking to anyone who understands encryption.

It's tougher to get a read on Macron's desires and intentions. He hasn't spent months hammering away this issue or claiming terrorists are staying ahead of law enforcement by using Whatsapp or iPhones or spiral-bound notebooks. But what he's suggesting is rather breathtaking: an EU-wide undermining of encryption. If tech companies are offering encryption, they're going to have craft backdoors or start holding onto users' encryption keys. The other alternative would be to pull themselves out of the European market, which seems like the least likely route they will take.

Even if elected, there's no guarantee the country's legislators will comply with Macron's wishes. Despite recent terrorist attacks on French soil, no further action has been taken to undermine encryption, despite periodic calls to do so being issued by more panicky members of the French government.

Macron's pronouncement seems at odds with his refusal to be cowed by terrorists or be pushed towards sacrificing the public's rights and privileges on the altar of national security. No further details were offered by Macron to explain this stance, but presumably there will be much more discussion of this surprising announcement in the near future.

Filed Under: emmanuel macron, encryption, france, going dark, terrorism