Freedom of expression

The Indian Department of Telecom proposes new interception rules

The Department of Telecom (DoT) in India has proposed significant changes to the rules governing lawful interception of messages through the draft Telecommunications, Procedures and Safeguards for Lawful Interception of Messages, Rules, 2024. A key change is the elimination of penalties for telecom entities that violate interception norms, including fines and suspension of licenses related to confidentiality. This shift raises concerns about compliance and accountability within the industry.

Additionally, the new rules exempt demonstrations and testing of interception systems by the central government from regulatory scrutiny, allowing telecom entities to facilitate these activities without penalty. However, the DoT emphasises the need for robust internal safeguards, mandating that telecom operators implement effective measures to prevent unauthorised interceptions and maintain confidentiality.

The process for issuing interception orders remains largely unchanged, with orders still issued by the union or state home secretary or, in urgent cases, by a joint secretary or Inspector General of Police. Any order must be confirmed by the competent authority within seven working days, ensuring oversight and accountability.

The draft rules also stipulate that interception records must be destroyed every six months unless needed for functional purposes, with specific orders requiring destruction within two months after interception. Moreover, review committees at both the central and state levels will meet bi-monthly to evaluate the validity of interception orders, promoting transparency and oversight.

Musk’s X faces Alexandre de Moraes and potential shutdown in Brazil

Elon Musk’s social media platform X faces a critical showdown with Brazil’s Supreme Court, which could soon order the platform shutdown in the country. The legal battle escalated after X missed a deadline to appoint a legal representative in Brazil, a requirement under local law. The conflict has deepened tensions between Musk and Supreme Court Judge Alexandre de Moraes, whom Musk accused of engaging in censorship.

Earlier this month, the Brazilian Supreme Court froze the bank accounts of Musk’s Starlink satellite internet company as part of a broader dispute over X’s non-compliance with court orders. The fines, reportedly amounting to over $3.6 million, stem from X’s failure to provide certain documents requested by the court. In response, Musk took to X to denounce the court’s actions, labelling Moraes as an ‘evil dictator’ and announcing that SpaceX would offer free internet service to Brazilian users until the matter is resolved.

The heart of the dispute lies in Judge Moraes’ orders to block accounts on X that are accused of spreading misinformation, particularly those linked to former President Jair Bolsonaro supporters. Musk has publicly criticised these orders as censorship, arguing that they violate free speech. Despite initial resistance, X eventually agreed to comply with the court’s demands but cited operational issues for its incomplete compliance.

This legal struggle has jeopardised X’s future in Brazil, one of its largest markets. The platform had already announced plans to close its operations in the country, blaming Moraes’ censorship orders for the decision. Meanwhile, Brazil’s President Luiz Inacio Lula da Silva has backed Moraes’ stance, emphasising the importance of respecting local laws and protecting private information.

As the battle unfolds, Brazilian users of X have reacted with a mix of humour and concern, creating memes and debating the implications of the court’s actions on free speech. The situation remains tense, with the potential shutdown of X in Brazil looming, highlighting the broader conflict between digital platforms and governmental control.

Elon Musk given 24 hours to save X in Brazil

Brazil’s Supreme Court has ordered Elon Musk to appoint a legal representative for his platform X within 24 hours or risk the site being suspended.

Justice Alexandre de Moraes issued the directive on Wednesday, citing Brazilian law that requires companies to respect local legislation and protect the confidentiality of private information.

The Supreme Court shared the decision on its X account, tagging Musk and X’s Global Government Affairs team.

Earlier this month, X announced plans to close its operations and dismiss staff in Brazil, claiming the move was in response to ‘censorship orders’ from Moraes.

Despite these plans, the platform remains available to users in the country. X has yet to respond to the court’s demand.

Pavel Durov under formal investigation in France for alleged organised crime activities

Telegram founder Pavel Durov is under formal investigation in France for his alleged involvement in organised crime activities facilitated through the messaging platform. A French judge granted Durov bail on Wednesday, requiring him to pay €5 million, police report twice weekly, and remain within French territory. Durov’s legal troubles stem from accusations that Telegram has been complicit in enabling illicit activities such as child exploitation, drug trafficking, and fraud, as well as refusing to cooperate with authorities.

Durov was initially arrested at a Paris airport on Saturday, sparking significant debate about the balance between free speech and law enforcement. The French authorities’ move to formally investigate Durov highlights ongoing concerns about Telegram’s role in criminal activities and its lack of cooperation with judicial requests. The investigation began in February and is part of a broader effort by European law enforcement to hold tech platforms accountable for illegal activities.

The situation has strained diplomatic relations between France and Russia. Russian officials, including Foreign Minister Sergei Lavrov, have criticised France’s actions, while the Kremlin has offered support to Durov due to his Russian citizenship. However, Durov’s multiple citizenships, including French and UAE, complicate the situation.

Telegram CEO’s lawyer dismissed probe as absurd..

Durov’s lawyer, David-Olivier Kaminski, strongly dismissed the accusations as ‘totally absurd,’ arguing that Durov cannot be held responsible for criminal acts committed by users. The case has sparked a broader debate on the responsibilities of tech companies in moderating content and the balance between freedom of speech and legal enforcement.

Telegram, known for its commitment to free speech and privacy, has faced criticism for being a platform where extremist groups, conspiracy theorists, and political dissidents can operate with little oversight. Despite these concerns, Telegram has defended its moderation practices, stating that they comply with the EU laws and are continually improving.

French President Emmanuel Macron, an active Telegram user who granted Durov French citizenship in 2021, has insisted that the legal actions against Durov are not politically motivated. As the investigation continues, it will test the limits of free speech and the responsibility of tech companies in the digital age.

Tech industry needs new ethical guidelines, says Facebook whistleblower

Frances Haugen, the former Facebook whistle-blower, urged the tech industry to adopt new ethical guidelines to address growing concerns over privacy and safety in the digital world. Speaking at the DataGrail Summit, she compared the moral drift of tech companies to the navigational challenges faced by sailors in the 16th and 17th centuries, arguing that today’s intangible economy requires a modern-day ‘North Star’ to guide its course.

Haugen drew from her experience at Facebook, criticising the company for repeatedly choosing profits over user well-being in decisions around content moderation. She highlighted the need for greater transparency in social media platforms, pointing out that many need measurable safety metrics, unlike car manufacturers who face independent safety testing. Without such measures, tech companies can avoid ethical practices without consequences.

She also criticised Meta’s decision to shut down its transparency tool CrowdTangle and warned of tech companies’ resistance to scrutiny. Haugen suggested that a lack of transparency is at the heart of the tech industry’s issues, with companies only being held accountable for financial performance rather than their impact on users. She called for greater corporate responsibility in light of increasing data privacy laws.

Lawsuits against Meta by over 40 states regarding harm to children are a significant step towards better regulation, Haugen noted and could lead to further legislative change. She called for collaboration within the industry to ensure innovation proceeds safely and responsibly, allowing technology to have a positive impact without compromising user safety.

French Ministry of Justice weighs charges against Telegram CEO

French Ministry of Justice is weighing Pavel Durov’s charges to decide whether he will be placed under formal investigation following his recent arrest as part of a probe into organised crime on the messaging platform. Durov, who was detained on Saturday evening after landing at a Paris airport on a private jet, now faces scrutiny over the potential criminal liability of app providers and the broader debate about the balance between freedom of speech and law enforcement.

Telegram boasts nearly 1 billion users and is particularly popular in Russia, Ukraine, and former Soviet republics. Being placed under formal investigation in France does not imply guilt but signals that judges believe sufficient evidence exists to continue the probe. Such investigations can take years to either go to trial or be shelved. If Durov is formally investigated, judges will also consider whether he should be placed in pretrial detention, mainly if there is concern he might flee.

Currently, the broader investigation is focused on unidentified individuals and examines allegations including facilitating illicit transactions, possession of child sexual abuse material, drug trafficking, fraud, withholding information from authorities, and providing cryptographic services to criminals. The prosecutor’s office has not clarified which specific charges, if any, Durov might face and declared that an update on the investigation is expected soon.

Durov’s French lawyer has not responded to repeated requests for comment. His arrest has exacerbated tensions between Russia and France, especially given France’s support for Ukraine in its ongoing conflict with Russia. President Emmanuel Macron has officially stated that the arrest was not politically motivated.

Durov has been in police custody since his arrest on Saturday and can be held for a maximum of 96 hours, or four days before judges must decide whether to proceed with a formal investigation.

Zuckerberg alleges Biden admin pressured Meta on COVID censorship

Meta Platforms CEO Mark Zuckerberg has disclosed in a recent letter that senior Biden administration officials pressured his company to censor COVID-19 content during the pandemic. The letter, sent on 26 August to the US House Judiciary Committee, reveals Zuckerberg’s regret over not publicly addressing this pressure sooner and his acknowledgement of questionable content removal decisions made by Meta.

You can read the letter by clicking on X post

Zuckerberg detailed in the letter that, in 2021, the White House and other Biden administration officials exerted considerable pressure on Meta to suppress certain COVID-19-related content, including humour and satire. According to Zuckerberg, this pressure led to frustration when Meta did not fully comply.

The letter, which the Judiciary Committee on Facebook shared, highlights Zuckerberg’s criticism of the government’s actions. He expressed regret for not being more vocal about the situation and reflected on the decisions made with the benefit of hindsight.

The White House and Meta have not commented on the matter outside regular business hours. The Judiciary Committee, led by Chairman Jim Jordan, has labelled the letter a ‘big win for free speech,’ noting Zuckerberg’s admission that Facebook censored some content.

Additionally, Zuckerberg announced that he would refrain from contributing to electoral infrastructure for the upcoming presidential election. The approach follows his controversial $400 million donation in 2020 through his Chan Zuckerberg Initiative, which faced criticism and legal challenges from some groups who perceived it as partisan.

Pavel Durov detained in France amid crime probe

According to French authorities, Pavel Durov, the founder of the messaging app Telegram, was detained in France as part of an ongoing investigation into several serious crimes, including child pornography, drug trafficking, and fraud. The arrest occurred at Le Bourget airport near Paris, and French President Emmanuel Macron later confirmed the news, stressing that the arrest was not politically motivated.

The arrest is tied to an investigation launched in July by the Paris prosecutor’s office, focusing on Telegram’s alleged role in facilitating illegal activities, including running an online platform for illicit transactions and refusing to provide information to authorities. The probe also includes allegations of money laundering and giving cryptographic services to criminals. Durov, who holds several citizenships, including the French, could be detained further as the investigation progresses.

Telegram, which boasts nearly a billion users worldwide and is especially popular in Russia and Ukraine, responded by stating that it complies with the EU laws and maintains industry-standard moderation practices.

The company dismissed claims that the platform or Durov himself was responsible for criminals’ app misuse.

On the other side, the Kremlin has expressed concerns that France’s accusations against Telegram founder Pavel Durov could be an attempt to limit freedom of communication unless supported by substantial evidence. Kremlin spokesperson Dmitry Peskov announced that Russia is prepared to assist Durov due to his Russian citizenship, though his French citizenship presents additional challenges. Peskov emphasised that the gravity of the charges requires equally serious evidence to avoid perceptions of an effort to curtail communication freedoms.

Peskov also suggested that the case might be used to intimidate a prominent business leader and questioned French President Emmanuel Macron’s assertion that Durov’s detention was free from political motives. Russia has previously faced challenges in blocking Telegram and has fined the company for not removing content it deemed illegal.

The UAE has also called for clearer information about the arrest and investigation. The UAE’s Ministry of Foreign Affairs indicated that it is closely monitoring Pavel Durov’s case and has requested the French government to urgently provide consular services. The ministry emphasized prioritising its citizens’ care, safeguarding their interests, and ensuring comprehensive support are key commitments for the UAE.

Ultimately, Elon Musk confronted Emanuel Macron by responding directly to his post on X, claiming that ‘It would be helpful to the global public to understand more details about why he was arrested’, as he described it as an attack on free speech.

Telegram CEO Pavel Durov’s arrest in Paris ignites global debate on freedom of speech

The founder of the Telegram messaging app from Russia, Pavel Durov, was arrested at Le Bourget airport near Paris after landing on a private jet from Azerbaijan. The arrest has sparked broader reactions, with Moscow warning Paris about ensuring Durov’s rights and criticism from X owner Elon Musk, who called the incident an attack on free speech in Europe.

The French authorities allegedly detained Durov based on an arrest warrant related to his involvement in a preliminary investigation and his unwillingness to grant authorities access to his encrypted messaging app, which has over 1 billion users worldwide. In response, Russian officials have demanded consular access, but France, citing Durov’s French citizenship as primary, has remained unresponsive. The Russian Embassy in Paris is seeking an explanation and urging France to protect Durov’s rights.

The investigation concerns Telegram’s alleged role in enabling a wide range of crimes due to insufficient moderation and lack of cooperation with law enforcement. Durov, who allegedly holds several citizenships, including Russian (from the devolution in 1991, previously the Soviet Union from birth), Saint Kitts and Nevis (from 2013), French (from 2021) and UAE (from 2021), may face indictment soon.

Telegram, based in Dubai and widely used across Russia and the former Soviet Union, has faced scrutiny for its role in disseminating unfiltered content, especially during the Russia-Ukraine conflict. Durov, who left Russia in 2014 after refusing to comply with government demands, has consistently maintained that Telegram is a neutral platform committed to user privacy and free speech.

The Russian government has responded to Durov’s arrest with solid criticism. Maria Butina, a Russian lawmaker, labelled him a political prisoner, while former President Dmitry Medvedev criticised Durov for underestimating the global security landscape. However, days before Telegram founder Durov was arrested in France, he was negotiating directly with President Putin to secure his return to Russia after years of self-imposed exile in 2014. Putin allegedly refused to meet with Pavel Durov.

Meanwhile, Telegram’s increasing scrutiny in Europe, particularly over security and data breaches, raises concerns among authorities. Elon Musk’s response to the arrest highlights the broader debate on free speech in Europe, making Durov’s situation a focal point for discussions on the role of tech platforms in geopolitics and the balance between security and freedom.

Transgender woman wins discrimination case in Australia

An Australian transgender woman has won a significant legal battle against a female-only social networking app, Giggle for Girls, after being removed from the platform. The Federal Court ruled that the app’s decision to revoke Roxanne Tickle’s account amounted to indirect gender identity discrimination, awarding her A$10,000 in damages plus legal costs.

The court’s decision marks the first ruling on gender identity discrimination since the country amended the Sex Discrimination Act in 2013. The judge, Robert Bromwich, highlighted that Giggle for Girls only recognised sex assigned at birth as a valid basis for identifying as a man or woman. Tickle had undergone gender-affirming surgery and had her birth certificate updated.

Experts view the ruling as a victory for transgender rights in Australia, with Professor Paula Gerber from Monash University stating that the case sends a clear message against treating transgender women differently from cisgender women. The app, which was marketed as a safe space for women, had previously suspended operations but is expected to relaunch soon.

Tickle expressed relief at the verdict, calling it ‘healing’ after facing online abuse. Giggle for Girls’ founder, Sally Grover, acknowledged the judgement and affirmed that the fight for women’s rights would continue.