DSA Human Rights Alliance Publishes Principles Calling for DSA Enforcement to Incorporate Global Perspectives

2 weeks 1 day ago

The Digital Services Act (DSA) Human Rights Alliance has, since its founding by EFF and Access Now in 2021, worked to ensure that the European Union follows a human rights-based approach to platform governance by integrating a wide range of voices and perspectives to contextualise DSA enforcement and examining the DSA’s effect on tech regulations around the world.

As the DSA moves from legislation to enforcement, it has become increasingly clear that its impact depends not only on the text of the Act but also how it’s interpreted and enforced in practice. This is why the Alliance has created a set of recommendations to include civil society organizations and rights-defending stakeholders in the enforcement process. 

 The Principles for a Human Rights-Centred Application of the DSA: A Global Perspective, a report published this week by the Alliance, outlines steps the European Commission, as the main DSA enforcer, as well as national policymakers and regulators, should take to bring diverse groups to the table as a means of ensuring that the implementation of the DSA is grounded in human rights standards.

 The Principles also offer guidance for regulators outside the EU who look to the DSA as a reference framework and international bodies and global actors concerned with digital governance and the wider implications of the DSA. The Principles promote meaningful stakeholder engagement and emphasize the role of civil society organisations in providing expertise and acting as human rights watchdogs.

“Regulators and enforcers need input from civil society, researchers, and affected communities to understand the global dynamics of platform governance,” said EFF International Policy Director Christoph Schmon. “Non-EU-based civil society groups should be enabled to engage on equal footing with EU stakeholders on rights-focused elements of the DSA. This kind of robust engagement will help ensure that DSA enforcement serves the public interest and strengthens fundamental rights for everyone, especially marginalized and vulnerable groups.”

“As activists are increasingly intimidated, journalists silenced, and science and academic freedom attacked by those who claim to defend free speech, it is of utmost importance that the Digital Services Act's enforcement is centered around the protection of fundamental rights, including the right to the freedom of expression,” said Marcel Kolaja, Policy & Advocacy Director—Europe at Access Now. “To do so effectively, the global perspective needs to be taken into account. The DSA Human Rights Principles provide this perspective and offer valuable guidance for the European Commission, policymakers, and regulators for implementation and enforcement of policies aiming at the protection of fundamental rights.”

“The Principles come at the crucial moment for the EU candidate countries, such as Serbia, that have been aligning their legislation with the EU acquis but still struggle with some of the basic rule of law and human rights standards,” said Ana Toskic Cvetinovic, Executive Director for Partners Serbia. “The DSA HR Alliance offers the opportunity for non-EU civil society to learn about the existing challenges of DSA implementation and design strategies for impacting national policy development in order to minimize any negative impact on human rights.”

 The Principles call for:

◼ Empowering EU and non-EU Civil Society and Users to Pursue DSA Enforcement Actions

◼ Considering Extraterritorial and Cross-Border Effects of DSA Enforcement

◼ Promoting Cross-Regional Collaboration Among CSOs on Global Regulatory Issues

◼ Establishing Institutionalised Dialogue Between EU and Non-EU Stakeholders

◼ Upholding the Rule of Law and Fundamental Rights in DSA Enforcement, Free from Political Influence

◼ Considering Global Experiences with Trusted Flaggers and Avoid Enforcement Abuse

◼ Recognising the International Relevance of DSA Data Access and Transparency Provisions for Human Rights Monitoring

The Principles have been signed by 30 civil society organizations,researchers, and independent experts.

The DSA Human Right Alliance represents diverse communities across the globe to ensure that the DSA embraces a human rights-centered approach to platform governance and that EU lawmakers consider the global impacts of European legislation.

 

Karen Gullo

[B] 「ごちゃまぜ川口」と路上の実践──鍋倉雅之さんが考える多文化共生のかたち

2 weeks 1 day ago
新宿駅東南口。行き交う人びとが足早に通り過ぎていくこの場所で、毎日のように立ち続けている人がいる。鍋倉雅之さんだ。声を張り上げるわけでも、誰かに詰め寄るわけでもない。ただそこに立ち、通り過ぎる人に向けて言葉を差し出している。手にしているのは、「わたしは差別に抗う」と書かれたポスター。赤い薔薇をあしらったデザインが目を引く。鍋倉さんは、この路上での活動を「路哲(ろてつ)」と呼んでいる。路上に立ち、考え、問いを投げかける。いわば“路上で哲学する”試みだ。(岩中健介)
日刊ベリタ

Beware: Government Using Image Manipulation for Propaganda

2 weeks 1 day ago

U.S. Homeland Security Secretary Kristi Noem last week posted a photo of the arrest of Nekima Levy Armstrong, one of three activists who had entered a St. Paul, Minn. church to confront a pastor who also serves as acting field director of the St Paul Immigration and Customs Enforcement (ICE) office. 

A short while later, the White House posted the same photo – except that version had been digitally altered to darken Armstrong’s skin and rearrange her facial features to make it appear she was sobbing or distraught. The Guardian one of many media outlets to report on this image manipulation, created a handy slider graphic to help viewers see clearly how the photo had been changed.  

This isn’t about “owning the libs” — this is the highest office in the nation using technology to lie to the entire world. 

The New York Times reported it had run the two images through Resemble.AI, an A.I. detection system, which concluded Noem’s image was real but the White House’s version showed signs of manipulation. "The Times was able to create images nearly identical to the White House’s version by asking Gemini and Grok — generative A.I. tools from Google and Elon Musk’s xAI start-up — to alter Ms. Noem’s original image." 

Most of us can agree that the government shouldn’t lie to its constituents. We can also agree that good government does not involve emphasizing cruelty or furthering racial biases. But this abuse of technology violates both those norms. 

“Accuracy and truthfulness are core to the credibility of visual reporting,” the National Press Photographers Association said in a statement issued about this incident. “The integrity of photographic images is essential to public trust and to the historical record. Altering editorial content for any purpose that misrepresents subjects or events undermines that trust and is incompatible with professional practice.” 

This isn’t about “owning the libs” — this is the highest office in the nation using technology to lie to the entire world.

Reworking an arrest photo to make the arrestee look more distraught not only is a lie, but it’s also a doubling-down on a “the cruelty is the point” manifesto. Using a manipulated image further humiliates the individual and perpetuate harmful biases, and the only reason to darken an arrestee’s skin would be to reinforce colorist stereotypes and stoke the flames of racial prejudice, particularly against dark-skinned people.  

History is replete with cruel and racist images as propaganda: Think of Nazi Germany’s cartoons depicting Jewish people, or contemporaneously, U.S. cartoons depicting Japanese people as we placed Japanese-Americans in internment camps. Time magazine caught hell in 1994 for using an artificially darkened photo of O.J. Simpson on its cover, and several Republican politcal campaigns in recent years have been called out for similar manipulation in recent years. 

But in an age when we can create or alter a photo with a few keyboard strokes, when we can alter what viewers think is reality so easily and convincingly, the danger of abuse by government is greater.   

Had the Trump administration not ham-handedly released the retouched perp-walk photo after Noem had released the original, we might not have known the reality of that arrest at all. This dishonesty is all the more reason why Americans’ right to record law enforcement activities must be protected. Without independent records and documentation of what’s happening, there’s no way to contradict the government’s lies. 

This incident raises the question of whether the Trump Administration feels emboldened to manipulate other photos for other propaganda purposes. Does it rework photos of the President to make him appear healthier, or more awake? Does it rework military or intelligence images to create pretexts for war? Does it rework photos of American citizens protesting or safeguarding their neighbors to justify a military deployment? 

In this instance, like so much of today’s political trolling, there’s a good chance it’ll be counterproductive for the trolls: The New York Times correctly noted that the doctored photograph could hinder the Armstrong’s right to a fair trial. “As the case proceeds, her lawyers could use it to accuse the Trump administration of making what are known as improper extrajudicial statements. Most federal courts bar prosecutors from making any remarks about court filings or a legal proceeding outside of court in a way that could prejudice the pool of jurors who might ultimately hear the case.” They also could claim the doctored photo proves the Justice Department bore some sort of animus against Armstrong and charged her vindictively. 

In the past, we've urged caution when analyzing proposals to regulate technologies that could be used to create false images. In those cases, we argued that any new regulation should rely on the established framework for addressing harms caused by other forms of harmful false information. But in this situation, it is the government itself that is misusing technology and propagating harmful falsehoods. This doesn't require new laws; the government can and should put an end to this practice on its own. 

Any reputable journalism organization would fire an employee for manipulating a photo this way; many have done exactly that. It’s a shame our government can’t adhere to such a basic ethical and moral code too. 

Josh Richman

【25読書回顧―私のいちおし】「近くて近い」日韓関係=鈴木 伸幸(東京新聞編集委員)

2 weeks 1 day ago
 米トランプ大統領は自国中心主義を鮮明にし、日本では「日本人ファースト」を唱える政党が躍進。ウクライナに侵攻したロシアには中国と北朝鮮が急接近─。地政学的な変化が進む中、民主主義や資本主義といった価値観を共有する隣国の韓国は、日本にとって重要な外交パートナーだ。 「近くて遠い国」とも言われたが、今年、誕生した革新の李在明大統領は「実用外交」を標榜。日韓は「近くて近い」関係に成熟しようと努める。それを再考するための良書が、前駐日韓国大使の朴喆熙『誠信交隣』(中日新聞)だ。201..
JCJ

EFF Statement on ICE and CBP Violence

2 weeks 2 days ago

Dangerously unchecked surveillance and rights violations have been a throughline of the Department of Homeland Security since the agency’s creation in the wake of the September 11th attacks. In particular, Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) have been responsible for countless civil liberties and digital rights violations since that time. In the past year, however, ICE and CBP have descended into utter lawlessness, repeatedly refusing to exercise or submit to the democratic accountability required by the Constitution and our system of laws.  

The Trump Administration has made indiscriminate immigration enforcement and mass deportation a key feature of its agenda, with little to no accountability for illegal actions by agents and agency officials. Over the past year, we’ve seen massive ICE raids in cities from Los Angeles to Chicago to Minneapolis. Supercharged by an unprecedented funding increase, immigration enforcement agents haven’t been limited to boots on the ground: they’ve been scanning faces, tracking neighborhood cell phone activity, and amassing surveillance tools to monitor immigrants and U.S. citizens alike. 

Congress must vote to reject any further funding of ICE and CBP

The latest enforcement actions in Minnesota have led to federal immigration agents killing Renee Good and Alex Pretti. Both were engaged in their First Amendment right to observe and record law enforcement when they were killed. And it’s only because others similarly exercised their right to record that these killings were documented and widely exposed, countering false narratives the Trump Administration promoted in an attempt to justify the unjustifiable.  

These constitutional violations are systemic, not one-offs. Just last week, the Associated Press reported a leaked ICE memo that authorizes agents to enter homes solely based on “administrative” warrants—lacking any judicial involvement. This government policy is contrary to the “very core” of the Fourth Amendment, which protects us against unreasonable search and seizure, especially in our own homes.  

These violations must stop now. ICE and CBP have grown so disdainful of the rule of law that reforms or guardrails cannot suffice. We join with many others in saying that Congress must vote to reject any further funding of ICE and CBP this week. But that is not enough. It’s time for Congress to do the real work of rebuilding our immigration enforcement system from the ground up, so that it respects human rights (including digital rights) and human dignity, with real accountability for individual officers, their leadership, and the agency as a whole.

Cindy Cohn