Press Releases: June 2015
U.S. Battle Over Leaked Emails Leads to Threats to ‘Respublika’ Site
San Francisco - Online news publisher Respublika has asked a federal judge in New York to clarify that officials in Kazakhstan can’t use a U.S. court order in a battle over leaked emails to censor news stories that are critical of the Kazakhstan government. The Electronic Frontier Foundation (EFF) is representing Respublika, a longtime target of Kazakhstan intimidation and persecution because of its investigative reporting on President Nursultan Nazarbayev’s regime.
“An American court order is being misused to silence worldwide discussion and debate over a foreign government’s actions,” said EFF Civil Liberties Director David Greene. “For years, Kazakhstan has tried to shut down Respublika and harassed its founders, and we’re asking the judge to put a stop to Kazakhstan’s use of the court’s ruling as another tool in this censorship campaign.”
The case began in March, when Kazakhstan sued dozens of unnamed individuals in a New York district court for allegedly breaking into government computers and stealing thousands of messages sent from Gmail accounts. The judge in the case issued a preliminary injunction, forbidding these unnamed individuals from disseminating, using, or viewing the material.
Respublika, like many news outlets around the world, reported on the emails after others had posted them publicly. But Kazakhstan government attorneys have since sent multiple letters to the newspaper’s web host, demanding the removal of dozens of articles. Earlier this month, Kazakhstan went further, claiming that the court order required that Respublika’s entire site be disabled. The government also subpoenaed Facebook as well as the newspaper’s web host and domain registrar to obtain personal identifying information about the authors and readers of Respublika’s articles. To date, 47 articles have been removed and are no longer available to readers in the United States, Kazakhstan, and around the world.
This abuse and misuse of the court’s order is just the latest in Kazakhstan’s decade-long persecution of Respublika and those associated with it. Respublika has been driven out of Kazakhstan and subjected to an almost constant stream of coordinated DDoS attacks, and its founders have been subject to extreme harassment and intimidation.
Kazakstan is one of two countries still in the running to host the 2022 Winter Olympics. Earlier this week, the New York Times reported on how concerns about free expression and human rights might affect the country’s bid.
“Kazakhstan came to a U.S. court—where the First Amendment protects the publication of material even if a source obtained that material illegally—but it’s flouting our law. Kazakhstan officials are unilaterally deciding to whom the order applies and what the consequences are,” said Jamie Lee Williams, EFF Frank Stanton Legal Fellow. “The Respublika journalists simply did what they are supposed to do: report on information and events that affect people’s lives. Kazakhstan must not be allowed to censor their speech in this way.”
For the full letter to the judge:
https://www.eff.org/document/letter-judge-ramos
Contact:
Annual Survey Delves Deeper into Practices of Apple, Google, Twitter, and More
San Francisco - Our digital lives are leaving data trails through social networking sites, email providers, Internet service providers, and mobile apps. But which companies fight the hardest to protect their customers from government data grabs of this sensitive information? Today, the Electronic Frontier Foundation (EFF) released its fifth annual “Who Has Your Back” report, charting tech companies’ commitment to the next frontier of user privacy.
“Who Has Your Back” evaluates 24 companies, awarding up to five stars in categories like “tell users about government data requests” and “publicly disclose the company’s data retention policies.” Nine companies earned stars in every category available to them: Adobe, Apple, CREDO, Dropbox, Sonic, Wickr, Wikimedia, Wordpress.com, and Yahoo.
“We entrust countless intimate details about our personal life to digital service providers. Often it’s corporate policies, not legal safeguards, that are our best defense against government intrusion,” said EFF Activism Director Rainey Reitman. “Technology companies must have the strongest possible policies to protect privacy, and we’re impressed that this group of nine has stepped up and met our ambitious new standards.”
This year’s “Who Has Your Back” marks a new era in EFF’s annual report. The best practices that we outlined in earlier years have become tech industry standards. So this year, the first star includes the all the main principles from prior reports rolled into a single category called “Industry-accepted best practices.” Four new categories hold companies to an even higher standard of supporting their users’ privacy.
In the months that EFF has been talking to companies to develop “Who Has Your Back,” there has already been significant improvement in privacy practices. For example, just days ago Amazon released its first-ever transparency report.
But it’s not all good news. For more than a year, EFF has urged Google and Twitter to commit to telling users about government data requests, even when that notice must be delayed due to an ongoing emergency or a gag order, but both companies have yet to improve their policies and earn a star. WhatsApp received only one star despite notice last year from EFF that it was going to be included in “Who Has Your Back” and an acquisition by Facebook that gave it plenty of resources to protect its customers.
“Every day, our digital lives require us to trust the digital services we use more and more, and consumers deserve clear and reliable information about policies and procedures that protect them,” said EFF Staff Attorney Nate Cardozo. “It’s time for all companies to take their users’ privacy seriously and reach the new standards we’ve laid out in ‘Who Has Your Back.’”
For the full report on “Who Has Your Back?”:
https://eff.org/who-has-your-back
eff.org/nsa-spying
