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ACCESS TO KNOWLEDGE RESEARCH GLOBAL CENSORSHIP Shifting Modes, Persisting Paradigms edited by Pranesh Prakash Nagla Rizk Carlos Affonso Souza GLOBAL CENSORSHIP Shifting Modes, Persisting Paradigms edited by Pranesh Pra ash Nag!a Ri" Car!os Affonso So$"a ACCESS %O KNO'LE(GE RESEARCH SERIES COPYRIGHT PAGE © 2015 Information Society Project, Yale Law School; Access to Knowle !e for "e#elo$ment %entre, American Uni#ersity, %airo; an Instituto de Technolo!ia & Socie a e do Rio+ (his wor, is $'-lishe s'-ject to a %reati#e %ommons Attri-'tion./on%ommercial 0%%.1Y./%2 3+0 In. ternational P'-lic Licence+ %o$yri!ht in each cha$ter of this -oo, -elon!s to its res$ecti#e a'thor0s2+ Yo' are enco'ra!e to re$ro 'ce, share, an a a$t this wor,, in whole or in part, incl' in! in the form of creat . in! translations, as lon! as yo' attri-'te the wor, an the a$$ro$riate a'thor0s2, or, if for the whole -oo,, the e itors+ Te4t of the licence is a#aila-le at <https677creati#ecommons+or!7licenses7-y.nc73+07le!alco e8+ 9or $ermission to $'-lish commercial #ersions of s'ch cha$ter on a stan .alone -asis, $lease contact the a'thor, or the Information Society Project at Yale Law School for assistance in contactin! the a'thor+ 9ront co#er ima!e6 :"oc'ments sei;e from the U+S+ <m-assy in (ehran=, a $'-lic omain wor, create by em$loyees of the Central Intelli!ence A!ency / em-assy of the &nite States of America in Tehran, de$ict. in! a shre e oc'ment that was sei;e -y Iranian stu ents in 1>?9, a#aila-le online on the @i,ime ia %ommons at <https677commons+wi,ime ia+or!7wi,i79ileABA<s$iona!eC en02C?2+$n!8+ Dlo-al censorshi$6 Shiftin! mo es, persistent para i!ms / e ite -y Pranesh Pra,ash, /a!la Ri;, & Carlos AEonso So';a+ is-n 97F.1.B2>.BB2?3.3 (&+S+A+ pa$er-ac, e ition2 is-n [H (In ia pa$er-ac, e ition2 is-n [H (o$en access online e ition2 I+ Pranesh Pra,ash II+ Na!la Ri;, III+ %arlos AEonso So';a Set in Sorts Mill Do' y (J$en Font Licence2 an U-'ntu (&-'nt' Font Licence2+ (y$esettin! an boo, pro 'ction by Pranesh Pra,ash+ 2015012? TABLE OF CONTENTS Acknowledgements v Preface vii Nagla Rizk, Carlos Affonso Souza & Pranesh Prakash Introductor !ramework $ Margot #aminski & Pranesh Prakash %he Privatization of !ree &'(ression $$ )aura *eNardis +NI%&* S%A%&S ,! A"&RICA %he Rise of Indirect Censorshi( ./ An-ali *alal +NI%&* S%A%& ,! A"&RICA +sing Co( right )aw to Censor S(eech 01 Christina "ulligan S,+%2 A!RICA & 3I"4A45& Silencing Critical 6oices /0 Caroline Ncu7e & &ve 8ra S,+%2 A!RICA Censorshi( on *emand9 !ailure of *ue Process in ISP :/ )ia7ilit and %akedown Procedures Andrew Rens SRI )AN#A Censorshi( through !orensics9 6ideo &vidence in Post;5ar </ Crises Re7ecca 5e'ler IN*IA 6isi7le and Invisi7le Censorshi( $=1 Pranesh Prakash C2INA &;Commerce %hird;Part Platforms as 8atekee(ers of $00 Information !lows 2ong >ue "?ANMAR 4ans, 4laming & 4uddhist "onks9 Censorshi( Concerns around " anmar@s &thno;Religious 6iolence and *emocratic $/$ %ransition &rin Biel BRA3I) Challenges for !reedom of S(eech ,nline $BB "Anica Steffen 8uise Rosina & Ale'andre Pacheco da Silva &8?P% 4ehind &g (t@s Communication ,utage of .=$$9 Censorshi( $<B and &conomic )i7ert Nagla Rizk Contri7utors .=1 ACKNOWLEDGEMENTS The editors would like to thank the organizers of the Global Censor- ship conference at Yale in 2012, where man of the chapters contained here were !rst presented" #e would like to thank profusel all the authors $ who not onl generousl contributed their scholarship and research, but also ser%ed as peer commenters, and without a single protest agreed to re- lease this book under an open cop right licence" &n addition, there are a number of people who ha%e helped us greatl , who deser%e especial thanks" 'rom Yale, the &nformation (ociet )ro*ect+s Jack Balkin helped pro%ide the impetus for this book, while Margot /aminski and 0alerie Belair-Gagnon ensured that this book, much tarried at times, !nall came through" 1atasha .endez and 2eather -ranch were fantastic, as alwa s, in pro%iding much-needed logistical support" 'rom Cairo, 3ina 4ttalah was indispensable, *oining in as a peer commenter, while ( l%ia 5ak ensured we stuck to our deadlines, and (tefanie 'elsberger was most helpful, contributing both to editing as well as the lo- gistics" 1e%in 6lwan+s design skills helped nudge us toward a !nal decision on the co%er for this book" #e also e7tend our deepest gratitude to 8ichard Bartlett, without whose generous support this book would not ha%e been possible" VI PREFACE Nagla Rizk, Carlos Affonso Souza & Pranesh Prakash This book has its origins in a network — the Access to Knowledge Global Academy — and a meeting — the Global Censorship Conference in 2012. THE NETWORK rgani!ed aro"nd a series of #Access to Knowledge$ conferences% pro& moted by 'ale (aw )chool$s *nformation )ociety +ro,ect -*)+. since 2006% the Access to Knowledge Global Academy -A2KGA. was created as an in& formal network of scholars and researchers dedicated to b"ilding capacity for research% ed"cation% and policy analysis promoting access to know& ledge. 0epresenting a rich geographical di1ersity% the members of A2KGA in& cl"de instit"tions from Bra!il, China% 3gypt% *ndia% )o"th Africa and the 4nited )tates. The network was formally la"nched d"ring the third A2K conference% held in Gene1a in )eptember 2008% coinciding with a meeting of the 6orld *ntellect"al +roperty rgani!ation$s -6*+ . )tanding Com& mittee of Copyright and 0elated 0ights. *n A"g"st 2009 the network organi!ed a gathering at 'ale (aw )chool bringing together the di8erent members of the Academy. *n 9o1ember of that year% the same gro"p held a p"blic workshop titled :0esearch on Ac& cess to Knowledge and ;e1elopment< at the 4nited 9ations&con1ened *n& ternet Go1ernance =or"m, in )harm 3l )heikh, 3gypt. *n Jan"ary 2011 a gathering was con1ened at the 4ni1ersity of Cape Town in )o"th Africa. *n A"g"st of that year, a workshop showcasing c"r& rent research de1eloped by members of the network was organi!ed at the sidelines of the ?rst Global Congress on *ntellect"al +roperty and the +"b& lic *nterest% held at American 4ni1ersity$s 6ashington (aw College. The gro"p also organi!ed a workshop to present research that led to this book VI NAGLA RIZK, CARLOS AFFONSO SOUZA & PRANESH PRAKASH d"ring the second Global Congress on *ntellect"al +roperty and the +"blic *nterest% held in 0io de Janeiro in 2012. *n addition to the p"blic gatherings and seminars% the most tangible o"tp"t from the network has been the la"nch of a series of books on Ac& cess to Knowledge. 6ith s"pport from the MacArth"r =o"ndation% and partnering with 2loomsb"ry Academic% three 1ol"mes of the Access to Knowledge series ha1e been la"nched% foc"sing on debates arising from Bra!il, 3gypt and *ndia respecti1ely. 6hile each of these books is a1ailable for sale in hard copy% they are openly licensed "nder a permissi1e Creati1e Commons licence% and are freely a1ailable for digital download as well. ne 1ol"me% Access to Knowledge in 3gypt% was also p"blished in paper& back, and a1ailable for sale at a modest price in the Middle 3ast. The goals of the A2KGA are to promote access to knowledge as a framework for policy-making% to ad1ance collaborati1e research that both responds to immediate needs and at the same time de1elops a long term positi1e 1ision% as well as to de1elop model c"rric"la to ed"cate st"dents and policymakers in new ways of thinking abo"t knowledge policy. To do this% the A2KGA partners draw on disciplinary strengths in law% economics% political science% engineering% and beyond% working to b"ild comm"nities of A2K researchers both locally and globally and de1elop a new generation of global scholars prepared to grapple with the hard A"es& tions facing the A2K agenda o1er the neBt decades. THE CONFERENCE Access to knowledge stands against intellect"al enclos"res. A more comprehensi1e and rob"st "nderstanding of A2K% therefore% calls for a more and newer intricate "nderstanding of censorship and its problemat& ics. Censorship often reinforces eBisting power imbalances that ser1e nar& row elites at the eBpense of democratic participation. *t has many faces and many tools% being political, economic% technological and e1en psychologic& al. *n practice% knowledge ends "p being eBcl"dable thro"gh the erection of barriers of any or all of these di8erent forms. )"ch barriers ha1e insep& arable socio-economic and political reperc"ssions. 4ltimately% censorship is detrimental to h"man de1elopment and to h"man rights. PREFACE VII The idea to gather e8orts aro"nd the A2KGA network to work on cen& sorship iss"es and p"blish a case-oriented book containing a series of case st"dies came along d"ring the Global Censorship Conference% organi!ed by 'ale$s *nformation )ociety +ro,ect in March% 2012. The e1ent bro"ght together a n"mber of participants of the network to present on censorship iss"es in their respecti1e co"ntry or region. The network eBpanded then its initial foc"s on how access to knowledge challenges established notions of intellect"al property to encompass the framing of A2K concerns in con& nection to the en,oyment of freedom of eBpression and related rights.
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