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MacKinnon speaking at the RightsCon session on documenting ICT companies’ impact on civic freedoms

Why does Ranking Digital Rights evaluate companies’ respect for users’ rights? Because when companies are insufficiently transparent and accountable about how their policies affect users’ freedom of expression and privacy, real people can be harmed. We believe it is important to document these people’s stories, so that companiesas well as governments that regulate themcan better understand how their policies and practices affect users around the world.

Documenting the impact of human rights violations caused directly or indirectly by ICT companies is key to raise awareness and to hold to account those responsible, whether they are governments, companies, or non-state actors. For this reason, at RightsCon in Toronto last week we held a session called “Documenting ICT companies’ impact on civic freedoms and human rights defenders.’’ Ranking Digital Rights director Rebecca MacKinnon moderated a conversation with people who lead projects that work to document what happens to people around the world when company policies and practices fail to respect their rights.

MacKinnon pointed out that while RDR evaluates and compares company policies by publishing an annual Corporate Accountability Index, we seek to strengthen the connection between our data and analysis about company policies and disclosures, and the stories of people affected by these companies’ policies and practices.

Internet users around the world face a number of threats and restrictions that put their rights to privacy and freedom of expression online at risk including network shutdowns, content takedowns by social media platforms, judicial threats and arrests, and mass surveillance programs.

“It is important to document those cases to provide evidence to businesses and decision makers about the scale of those attacks,’’ Ana Zbona from the Business and Human Rights Resource Centre (BHRRC) said. ”Documentation can lead to results in terms of raising awareness, and can also have an impact both on national level and with individual cases,’’ she added. The BHRRC has a database of attacks which documents attacks against defenders in the field of business and human rights.

Peter Micek from Access Now said that through his organization’s Shutdown Stories project they collect and publish stories of users and communities affected by network shutdowns. These stories, he said, can be used in advocacy campaigns as well as formal efforts to obtain remedy.

Documenting these violations, however, can be challenging due to lack of transparency from both governments and businesses. According to Jessica Anderson from onlinecensorship.org, a project that documents cases of content takedowns by social media platforms, collecting evidence about these harms from a wide range of communities and users is not easy. She noted that while data crowdsourced from users who had their content removed or accounts suspended ‘’give us a lot of insight into user perspective on content moderation, they are very hard to verify.” In addition, reports received through the onlinecensorship.org portal lack sufficient diversity since they are very US focused even though the website is also available in both Arabic and Spanish.

Another challenge is ensuring that communities and users providing evidence and stories are not put at risk. ‘’One of the big challenges is how do we talk about these things in a meaningful way and do something positive with it instead of putting them at risk,’’ Ellery Biddle director of Global Voices Advocacy said. Her organization is building a platform called “Threatened Voices,” that will enable the collection and reporting of detailed cases. “The idea of the project is to show patterns,” she said. For example: “What does it mean that many people are being arrested for their Facebook posts? What does Facebook need to do about it?”

Ranking Digital Rights and Global Voices are currently working together to produce a toolkit that will offer guidance and resources to digital rights advocates who want to document and report on cases of online harms involving internet and telecommunications companies. By making it easier for digital rights communities to document violations of technology users’ rights around the world, we do not only aim to hold to account those responsible. We also hope that if more stories and cases are collected systematically, companies and policymakers will better understand the human cost of digital rights violations and how corporate as well as government policies need to change. In addition, by compiling more information about people whose freedom of expression and privacy and other rights are violated when using ICTs, we believe that civil society, governments, and companies will be better equipped to construct better systems of grievance and remedy for victims of these violations.

 

 

This week, members of the Ranking Digital Rights team will be in Toronto, Canada, for the sixth annual RightsCon conference, organized by Access Now. We are organizing and participating in several RightsCon sessions, and are looking forward to discussions with human rights and technology advocates and experts from around the world.

On Wednesday May 16 at 10:30am, Rebecca MacKinnon will be speaking in the session “A Decade of Progress: Where Do We Go Next?” In this session, speakers will reflect on progress that has been made in the business and human rights space over the last decade, identify strategies and tactics that have best fueled this progress, and reflect on how to approach human rights challenges and opportunities in the ICT sector in the years to come.

On Wednesday May 16 at 4pm, join us for “Documenting ICT companies’ impact on civic freedoms & human rights defenders,” a workshop we are co-hosting with the Business and Human Rights Resource Centre in which we will brainstorm how the digital rights community can a) collaborate to better document the impact of ICT company policies and practices on freedom of expression and privacy, and b) work with companies and governments to improve grievance and remedy mechanisms for individuals and organizations whose rights have been violated. Rebecca MacKinnon will moderate the session, with speakers Ana Zbona (Business and Human Rights Resource Center), Ellery Biddle (Global Voices), Jessica Anderson (Onlinecensorship.org), and Peter Micek (Access Now).

On Thursday May 17 at 12pm, Laura Reed will be speaking in the session “This Panel May Contain Sensitive Content: Automated Filtering and the Future of Free Expression Online.” In this session, participants will discuss risks of the move to automation in communications governance, the underlying values we seek to preserve, and how we can better communicate with both the public and policymakers about these developments.

On Friday May 18 at 12pm, join us for “Tactics for advancing digital rights in developing economies and challenging political contexts: an RDR perspective.” In this session, researchers and advocates will discuss how RDR’s methodology can be adapted and used for digital rights advocacy in contexts in which the private sector may be more responsive to stakeholder engagement and public pressure than the government. Speakers will share their experiences from conducting this research, covering countries including China, Russia, and regions of Sub-Saharan Africa and the Middle East. Laura Reed will moderate the session, with speakers Afef Abrougui (RDR), Sergei Hovyadinov (RDR), Benjamin Zhou (Hong Kong Transparency Report), and Julie Owono (Internet Sans Frontières).

The full conference program is available here. Members of our team will be at RightsCon for the entire conference, so feel free to get in touch if you’d like to connect: info@rankingdigitalrights.org.

Corporate Accountability News Highlights is a regular series by Ranking Digital Rights highlighting key news related to tech companies, freedom of expression, and privacy issues around the world.

Egypt approves controversial ride-hailing bill  

Cairo traffic. Photo by Gigi Ibrahim [CC BY 2.0 via Flickr]

The Egyptian parliament has approved a bill that would regulate ride-hailing apps operating in the country. The new law requires ride-hailing companies to store data locally and to retain user data for 180 days and share it with authorities “on request.” An earlier version of the bill had provisions giving authorities real time access to passenger and trip information, but those provisions were amended due to privacy concerns.

Uber and the Dubai-based ride-hailing app Careem already operate in Egypt. Egypt is Uber’s bigger market in the Middle East with 4 million riders and 157,000 drivers in 2017. Careem operates across 12 Middle Eastern countries countries and Pakistan. The company recently announced a breach that affected 14.5 million riders and drivers.

The two companies will have six months to comply with the new regulations. Despite the Egyptian government’s history of abusing its surveillance powers, both Uber and Careem welcomed the bill’s adoption. “This is a major step forward for the ride-sharing industry as Egypt becomes one of the first countries in the Middle East to pass progressive regulations,” Uber said.

Egypt is the second country in the region to pass legislation regulating such services. Earlier, this year Jordan adopted licensing conditions requiring ride-hailing services to provide the authorities with any requested user data stored in their databases, including information related to ‘’the driver, the car, the rider and the trip.’’

Companies should conduct regular, comprehensive human rights risk assessments that evaluate how laws affect freedom of expression and privacy in the jurisdictions in which they operate as well as assessments of freedom of expression and privacy risks when entering new markets or launching new products. Companies should also seek ways to mitigate risks posed by those impacts.

The 2018 Corporate Accountability Index found that internet, mobile and telecommunication companies do not disclose sufficient information about whether not they conduct such assessment, with eight companies failing to reveal any information at all.

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Corporate Accountability News Highlights is a regular series by Ranking Digital Rights highlighting key news related to tech companies, freedom of expression, and privacy issues around the world.

After Russia, Iran moves to ban Telegram

The Iranian government has moved to block encrypted messaging app Telegram, following its threats to restrict access to the service. On April 30, the Iranian judiciary issued a directive banning the service and requiring all internet service providers (ISPs) to implement the ban by the end of the day.

Image remixed by Mahsa Alimardani (CC BY 3.0)

On its website, the judiciary cited “propaganda against the establishment, terrorist activities, spreading lies to incite public opinion, anti-government protests and pornography” as the reasons behind the ban, according to the BBC.

Immediately after the directive was issued, Telegram users in Iran started reporting difficulties accessing the service. Apple’s App Store was also blocked in an attempt to ban users from downloading Virtual Private Networks to circumvent the censorship. “Now would be a good time for Apple to develop circumvention technology for their app store, as it appears to be blocked in Iran,” Mahsa Alimardani, the Iran programme officer at Article19 tweeted. “Iranians looking to get new tools for circumventing the #filternet are either left without options or have to turn to risky sideloaded apps.”

The use of Telegram is widespread in Iran, with 45 million users in the country. In response to anti-government protests in December 2017, authorities resorted to blocking and throttling access to the service, which dominates the messaging market app inside the country.

The Telegram ban in Iran comes just two weeks after Russian ISPs started blocking the service for refusing to comply with court demands to hand over encryption keys to Russian authorities. On Monday, thousands demonstrated in the capital Moscow and threw paper planes, the logo of Telegram, in protest of Russia’s ban of the service.

Telecommunications companies should be transparent about their processes for responding to government requests to restrict access to networks or to certain services and platforms. They should disclose information about how they handle government network shutdown demands, including under whose authority a shutdown is ordered, so that those responsible can be held accountable. None of the 10 telecommunications companies evaluated in the 2018 Corporate Accountability Index disclosed sufficient information about how they handle government network shutdown demands. Vodafone was the only company to clearly disclose its process for responding to these types of government demands and to clearly commit to push back against demands when possible. Telefónica was the only company that disclosed the number of shutdown requests it received.

 

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Click image to watch video of event (photo by New America).

Despite some notable improvements, the world’s top tech companies still fail to tell us enough about policies affecting freedom of expression and privacy, according to Ranking Digital Rights director Rebecca MacKinnon, who presented key findings of the 2018 Corporate Accountability Index on Wednesday, April 25th at Columbia University in New York City.

The 2018 Corporate Accountability Index ranked 22 of the world’s most powerful internet, mobile, and telecommunications companies on their disclosed commitments and practices affecting users’ freedom of expression and privacy. The 2018 Index used the same 35 indicators as the 2017 Index to evaluate the same 22 companies across three categories: Governance, Freedom of Expression, and Privacy.

Results showed that while 17 of the 22 companies evaluated made some improvements over the last year, most companies still did not reveal enough about key policies affecting freedom of expression and privacy for users to understand the risks of using their products and services. Too few companies made users’ expression and privacy rights a central priority, and most failed to disclose enough information about how they handle user data, or how they police online content and speech.

While some companies made genuine improvements, “there is still a long way to go,” MacKinnon said. “We need to know who can exercise power over our digital lives and under what circumstances, we need to be able understand who’s exercising this power if we’re going to hold power accountable.”

Numerous companies, including Apple, improved their disclosure of how they respond to government requests to restrict content or block user accounts, MacKinnon explained. But most companies still failed to provide sufficient data about the volume and nature of content or accounts they restrict or block for violations to the company’s own rules.

While Twitter revealed more than any other internet and mobile ecosystem company about how it handles user information (P3-P9), it still “didn’t even get a passing grade,” Mackinnon said. Facebook, which has come under increased scrutiny over its lack of transparency in how it handles user information, disclosed less than any other internet and mobile ecosystem companyincluding Chinese companies Baidu and Tencent, and two Russian companies, Mail.Ru and Yandexabout options users have to control their own information (P7).

 

MacKinnon noted that companies that are members of the Global Network Initiative, a multi-stakeholder initiative that helps companies in the ICT sector protect freedom of expression and privacy, disclosed stronger commitments to users’ rights at the governance level than non-GNI member companies, including by conducting risk assessments that allow companies to manage and mitigate the possible human rights harms of their products and services. However, Index results showed that companies across the boardand regardless of whether they were members of GNIlacked clear disclosure of grievance and remedy mechanisms allowing users to issue complaints against companies for breaches to their freedom of expression and privacy.

The presentation was followed by a discussion moderated by Emily Bell, director of the Tow Center for Digital Journalism, and joined by Anil Dash, chief executive officer of Fog Creek Software, and Ellery Biddle, director of Global Voices Advox.

A video of the full event can be viewed here.

The 2018 Index also includes recommendations for governments, questions for investors, and recommendations for companies. To view and download the complete report, including interactive data and analysis, company report cards, methodology, raw data files, and other resources for download, visit rankingdigitalrights.org/index2018.