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@ -12,7 +12,7 @@
#+TITLE: Submission to the Committee on Justice and Equality on /issues of online harassment, harmful communications and related offences/. #+TITLE: Submission to the Committee on Justice and Equality on /issues of online harassment, harmful communications and related offences/.
#+AUTHOR: Éibhear Ó hAnluain #+AUTHOR: Éibhear Ó hAnluain
#+EMAIL: eibhear.geo@gmail.com, 086 8565 666, http://www.gibiris.org/eo-blog/ #+EMAIL: eibhear.geo@gmail.com, 086 8565 666, http://www.gibiris.org/eo-blog/
#+OPTIONS: ^:{} toc:2 H:4 num:t author:t email:nil #+OPTIONS: ^:{} toc:nil H:4 num:t author:t email:nil
#+TODO: CONSTODO CONSNOTES | CONSDONE CONSDONTDO #+TODO: CONSTODO CONSNOTES | CONSDONE CONSDONTDO
* Planning :noexport: * Planning :noexport:
@ -367,26 +367,28 @@
as the effect of poor regulation on vulnerable people would be more as the effect of poor regulation on vulnerable people would be more
direct, immediate and serious. direct, immediate and serious.
*** CONSTODO Real examples of self-hosting *** Real examples of self-hosting
I host a number of services: I host a number of services:
- [[http://www.gibiris.org/eo-blog][/Éibhear/Gibiris/, http://www.gibiris.org/eo-blog]] is my blog site. - [[http://www.gibiris.org/eo-blog][/Éibhear/Gibiris/ (http://www.gibiris.org/eo-blog)]] is my blog
- [[https://social.gibiris.org/][/Social Gibiris/, https://social.gibiris.org/]] is a micro-blogging service that is federated site.
with others using the /AtomPub/ technology. Thus, /Social - [[https://social.gibiris.org/][/Social Gibiris/ (https://social.gibiris.org/)]] is a
Gibiris/ is federated with many other instances of /GNU Social/, micro-blogging service that is federated with others using the
/Mastodon/ and /Pleroma/. This network of federated services, /AtomPub/ technology. Thus, /Social Gibiris/ is federated with
operated by individuals, groups and businesses, all connected many other instances of /GNU Social/, /Mastodon/ and
together as peers, facilitate connections and communication in a /Pleroma/. This network of federated services, operated by
way that is very little different to twitter. individuals, groups and businesses, all connected together as
peers, facilitate connections and communication in a way that is
very little different to twitter.
- [[https://git.gibiris.org/][/git.gibiris.org/]] is a source-code sharing site that I use to - [[https://git.gibiris.org/][/git.gibiris.org/]] is a source-code sharing site that I use to
make publicly available some of the software that I develop for make publicly available some of the software that I develop for
myself. myself.
- [[https://news.gibiris.org/][/news.gibiris.org/]] is a news-aggregation service that allows me - [[https://news.gibiris.org/][/news.gibiris.org/]] is a news-aggregation service that allows me
to gather all the news sources of interest to me into one to gather all the news sources of interest to me into one
location, which I can then access from wherever I am. location, which I can then access from wherever I am.
- [[https://cloud.gibiris.org/nextcloud][https://cloud.gibiris.org/]] is a file-sharing platform that I use with - [[https://cloud.gibiris.org/nextcloud][/cloud.gibiris.org/]] is a file-sharing platform that I use with
my family when we are collaborating on projects (e.g. school my family when we are collaborating on projects (e.g. school
projects, home improvement projects, etc.) projects, home improvement projects, etc.)
- [[https://matrix.gibiris.org/][https://matrix.gibiris.org/]] is an instant-messaging system which I set - [[https://matrix.gibiris.org/][/matrix.gibiris.org/]] is an instant-messaging system which I set
up for the purposes of communicating with my family and close up for the purposes of communicating with my family and close
friends. friends.
@ -397,7 +399,7 @@
2 of those services, /git.gibiris.org/ and /Social Gibiris/ can 2 of those services, /git.gibiris.org/ and /Social Gibiris/ can
process or post user-uploaded information. process or post user-uploaded information.
*** CONSTODO Why self-host? *** Why self-host?
There is a myriad of reasons for choosing to host one's own There is a myriad of reasons for choosing to host one's own
service. Some examples might be: service. Some examples might be:
@ -462,7 +464,8 @@
operating system that was accessible to all. Linux-based operating system that was accessible to all. Linux-based
operating systems now form the basis of a significant proportion operating systems now form the basis of a significant proportion
of internet connected computing devices of internet connected computing devices
globally[fn:LinuxProportions:[[https://en.wikipedia.org/wiki/Usage_share_of_operating_systems][Usage share of operating systems (https://en.wikipedia.org/wiki/Usage_share_of_operating_systems)]]] globally[fn:LinuxProportions:[[https://en.wikipedia.org/wiki/Usage_share_of_operating_systems][/Usage share of operating systems/
(https://en.wikipedia.org/wiki/Usage_share_of_operating_systems)]]]
(including 73% of smartphones and tablet computers, somewhere (including 73% of smartphones and tablet computers, somewhere
between 36% and 66% of internet-facing server computers), and between 36% and 66% of internet-facing server computers), and
100% of supercomputers. 100% of supercomputers.
@ -470,7 +473,8 @@
software developers wanted to add functionality to one of the software developers wanted to add functionality to one of the
original web server software packages, /NCSA httpd/. The Apache original web server software packages, /NCSA httpd/. The Apache
web server now powers 43.6% of all web web server now powers 43.6% of all web
sites[fn:apacheProportions:[[https://w3techs.com/technologies/overview/web_server/all][Usage of web servers]]. Incidentally, sites[fn:apacheProportions:[[https://w3techs.com/technologies/overview/web_server/all][/Usage of web servers/
(https://w3techs.com/technologies/overview/web_server/all)]]. Incidentally,
the no. 2 on that web page, with nearly 42% share of websites is the no. 2 on that web page, with nearly 42% share of websites is
/nginx/. It also started out as a project by an individual who /nginx/. It also started out as a project by an individual who
wanted to solve a particular project.]. wanted to solve a particular project.].
@ -593,8 +597,7 @@
terrorism propaganda, etc.) have been easily amenable to abuse. For terrorism propaganda, etc.) have been easily amenable to abuse. For
example, in a recent court filing, Google claimed that 99.97% of example, in a recent court filing, Google claimed that 99.97% of
copyright infringement notices it received in from a single party copyright infringement notices it received in from a single party
in January 2017 were in January 2017 were bogus[fn:googleTakedown:[[https://www.techdirt.com/articles/20170223/06160336772][/Google Report: 99.95 Percent Of DMCA Takedown Notices Are Bot-Generated Bullshit Buckshot/ (https://www.techdirt.com/articles/20170223/06160336772)]]]:
bogus[fn:googleTakedown:[[https://www.techdirt.com/articles/20170223/06160336772/google-report-9995-percent-dmca-takedown-notices-are-bot-generated-bullshit-buckshot.shtml][Google Report: 99.95 Percent Of DMCA Takedown Notices Are Bot-Generated Bullshit Buckshot]]]:
#+BEGIN_QUOTE #+BEGIN_QUOTE
A significant portion of the recent increases in DMCA submission A significant portion of the recent increases in DMCA submission
@ -618,7 +621,8 @@
that claims of copyright ownership on the part of the claimant are that claims of copyright ownership on the part of the claimant are
to be made under penalty of perjury. However, that provision is to be made under penalty of perjury. However, that provision is
very weak, and seems not to be a deterrent for a determined agent: very weak, and seems not to be a deterrent for a determined agent:
[[https://torrentfreak.com/warner-bros-our-false-dmca-takedowns-are-not-a-crime-131115][Warner Bros: Our False DMCA Takedowns Are Not a Crime]]]. [[https://torrentfreak.com/warner-bros-our-false-dmca-takedowns-are-not-a-crime-131115][/Warner Bros: Our False DMCA Takedowns Are Not a Crime/
(https://torrentfreak.com/warner-bros-our-false-dmca-takedowns-are-not-a-crime-131115)]]].
The GDPR's /Right to be Forgotten/ is also subject to abuse. An The GDPR's /Right to be Forgotten/ is also subject to abuse. An
individual from Europe continues to force stories related to him individual from Europe continues to force stories related to him
@ -638,9 +642,9 @@
In systems that facilitate censorship[fn:censorship:While seeking In systems that facilitate censorship[fn:censorship:While seeking
to achieve a valuable and socially important goal, legislation of to achieve a valuable and socially important goal, legislation of
nature facilitates censorship: as a society, we should not be so this nature facilitates censorship: as a society, we should not be
squeamish about admitting this.], it is important to do more than so squeamish about admitting this.], it is important to do more
merely assert that service providers should regard fundamental than merely assert that service providers should regard fundamental
rights for expression and information. In a regime where sending an rights for expression and information. In a regime where sending an
e-mail costs nearly nothing, where a service risks serious e-mail costs nearly nothing, where a service risks serious
penalties (up to and including having to shut down) and where a penalties (up to and including having to shut down) and where a
@ -757,7 +761,9 @@
more than 50 people in New Zealand earlier this year, that country more than 50 people in New Zealand earlier this year, that country
has declared the video recorded by that white supremacist terrorist has declared the video recorded by that white supremacist terrorist
as "objectionable", making it a criminal offence to share as "objectionable", making it a criminal offence to share
it[fn:banNotice:[[https://www.classificationoffice.govt.nz/news/latest-news/christchurch-attacks-press-releases/#christchurch-attack-video-footage-and-document-has-been-banned-in-nz-what-this-means-for-you][Christchurch attack video footage and document has been banned in NZ – what this means for you]]]. it[fn:banNotice:[[https://www.classificationoffice.govt.nz/news/latest-news/christchurch-attacks-press-releases/#christchurch-attack-video-footage-and-document-has-been-banned-in-nz-what-this-means-for-you][/Christchurch attack video footage and document has
been banned in NZ – what this means for you/
(https://www.classificationoffice.govt.nz/news/latest-news/christchurch-attacks-press-releases/#christchurch-attack-video-footage-and-document-has-been-banned-in-nz-what-this-means-for-you)]]].
While one can understand the thinking that sharing the material While one can understand the thinking that sharing the material
could only be done by people who support the atrocity, this is not could only be done by people who support the atrocity, this is not
@ -807,16 +813,14 @@
encryption system that has been modified to make it easy for encryption system that has been modified to make it easy for
security services to gain access to the messages, it means that all security services to gain access to the messages, it means that all
the good, innocent uses of encryption are at risk. Recent news that the good, innocent uses of encryption are at risk. Recent news that
Russian spies managed to infiltrate the FBI[fn:Oath:[[https://news.yahoo.com/exclusive-russia-carried-out-a-stunning-breach-of-fbi-communications-system-escalating-the-spy-game-on-us-soil-090024212.html][Exclusive: Russian spies managed to infiltrate the FBI[fn:Oath:[[https://news.yahoo.com/exclusive-russia-carried-out-a-stunning-breach-of-fbi-communications-system-escalating-the-spy-game-on-us-soil-090024212.html][/Exclusive: Russia carried out a 'stunning' breach of FBI communications system, escalating the spy game on U.S. soil/ (https://news.yahoo.com/exclusive-russia-carried-out-a-stunning-breach-of-fbi-communications-system-escalating-the-spy-game-on-us-soil-090024212.html)]]
Russia carried out a 'stunning' breach of FBI communications (Please note that to access this story the user has to agree to
system, escalating the spy game on U.S. soil]] (Please note that to many hundreds of forms tracking or spend up to an hour examining
access this story the user has to agree to many hundreds of forms those forms and disabling each one individually. It is recommended
tracking or spend up to an hour examining those forms and disabling that this story be access using "Incognito" or "Private Browsing"
each one individually. It is recommended that this story be access mode in order to be protected against tracking).], highlights how
using "Incognito" or "Private Browsing" mode in order to be unreliable are assurances from security services that they can keep
protected against tracking).], highlights how unreliable are secrets such as the keys to all encryption safe from harm.
assurances from security services that they can keep secrets such
as the keys to all encryption safe from harm.
All it takes is one determined intruder, and all the good uses of All it takes is one determined intruder, and all the good uses of
encryption are put at risk in order to save money and effort on encryption are put at risk in order to save money and effort on
@ -824,16 +828,22 @@
I have written a number of articles on this matter providing more I have written a number of articles on this matter providing more
details: details:
- [[http://www.gibiris.org/eo-blog/posts/2015/03/12_the-value-of-encryption.html][The value of encryption]] - [[http://www.gibiris.org/eo-blog/posts/2015/03/12_the-value-of-encryption.html][/The value of encryption/
- [[http://www.gibiris.org/eo-blog/posts/2015/03/18_how-can-encryption-be-regulated.html][How can encryption be regulated]] (http://www.gibiris.org/eo-blog/posts/2015/03/12_the-value-of-encryption.html)]]
- [[http://www.gibiris.org/eo-blog/posts/2018/08/21_you-cant-stop-people-from-using-encryption.html][You just can't stop people from using encryption, so stop trying]] - [[http://www.gibiris.org/eo-blog/posts/2015/03/18_how-can-encryption-be-regulated.html][/How can encryption be regulated/
- [[http://www.gibiris.org/eo-blog/posts/2018/08/22_stop-people-from-using-encryption-postscript.html][Post-script on why you should stop trying to stop people from (http://www.gibiris.org/eo-blog/posts/2015/03/18_how-can-encryption-be-regulated.html)]]
using encryption]] - [[http://www.gibiris.org/eo-blog/posts/2018/08/21_you-cant-stop-people-from-using-encryption.html][/You just can't stop people from using encryption, so stop
- [[http://www.gibiris.org/eo-blog/posts/2018/09/04_some-questions-5-eyes-countries-what-can-they-do.html][Some questions for the "5 Eyes" countries on what they think they trying/
can do]] (http://www.gibiris.org/eo-blog/posts/2018/08/21_you-cant-stop-people-from-using-encryption.html)]]
- [[http://www.gibiris.org/eo-blog/posts/2018/08/22_stop-people-from-using-encryption-postscript.html][/Post-script on why you should stop trying to stop people from
using encryption/
(http://www.gibiris.org/eo-blog/posts/2018/08/22_stop-people-from-using-encryption-postscript.html)]]
- [[http://www.gibiris.org/eo-blog/posts/2018/09/04_some-questions-5-eyes-countries-what-can-they-do.html][/Some questions for the "5 Eyes" countries on what they think
they can do/
(http://www.gibiris.org/eo-blog/posts/2018/09/04_some-questions-5-eyes-countries-what-can-they-do.html)]]
* Answers to consultation questions * Answers to consultation questions
The follows are some answers to the questions posed in the call for The following are some answers to the questions posed in the call for
submissions. submissions.
** Definition of communication in legislation ** Definition of communication in legislation
- Question 1 :: There are currently significant gaps in legislation - Question 1 :: There are currently significant gaps in legislation
@ -1035,10 +1045,10 @@
master of the false equivalence". This is classic master of the false equivalence". This is classic
online trolling behaviour. Similarly, on the 18th online trolling behaviour. Similarly, on the 18th
September 2019, a prominent UK journalist tweeted September 2019, a prominent UK journalist tweeted
personal details of a father who publicly challenged personal details of a man who publicly challenged UK
UK Prime Minister Boris Johnson regarding the state Prime Minister Boris Johnson regarding the state of
of the NHS. This act by the journalised was construed the NHS. This act by the journalist was construed by
by many as deliberate trolling designed to inflict a many as deliberate trolling designed to inflict a
measure of unofficial retribution on the man.]. measure of unofficial retribution on the man.].
It should not be assumed that pseudonymous accounts It should not be assumed that pseudonymous accounts