The British government has abandoned a plan to force tech firms to remove internet content that is harmful but legal, after the proposal drew strong criticism from lawmakers and civil liberties groups. From a report: The U.K. on Tuesday defended its decision to water down the Online Safety Bill, an ambitious but controversial attempt to crack down on online racism, sexual abuse, bullying, fraud and other harmful material. Similar efforts are underway in the European Union and the United States, but the U.K.'s was one of the most sweeping. In its original form, the bill gave regulators wide-ranging powers to sanction digital and social media companies like Google, Facebook, Twitter and TikTok.

Critics had expressed concern that a requirement for the biggest platforms to remove "legal but harmful" content could lead to censorship and undermine free speech. The Conservative government of Prime Minister Rishi Sunak, who took office last month, has now dropped that part of the bill, saying it could "over-criminalize" online content. The government hopes the change will be enough to get the bill through Parliament, where it has languished for 18 months, by mid-2023. Digital Secretary Michelle Donelan said the change removed the risk that "tech firms or future governments could use the laws as a license to censor legitimate views."

"China's control of the internet has become so strong that dissidents must cling to any crack in the so-called Great Firewall," writes Qz.

But as anti-government protests sprung up on campuses and cities in China over the weekend, Qz reminds us that "the country's most widespread show of public dissent in decades will have to manage without a crucial communication tool, because Apple restricted its use in China earlier this month." AirDrop, the file-sharing feature on iPhones and other Apple devices, has helped protestors in many authoritarian countries evade censorship. That's because AirDrop relies on direct connections between phones, forming a local network of devices that don't need the internet to communicate. People can opt into receiving AirDrops from anyone else with an iPhone nearby.

That changed on Nov. 9, when Apple released a new version of its mobile operating system, iOS 16.1.1, to customers worldwide. Rather than listing new features, as it often does, the company simply said, "This update includes bug fixes and security updates and is recommended for all users." Hidden in the update was a change that only applies to iPhones sold in mainland China: AirDrop can only be set to receive messages from everyone for 10 minutes, before switching off. There's no longer a way to keep the "everyone" setting on permanently on Chinese iPhones.

The change, first noticed by Chinese readers of 9to5Mac, doesn't apply anywhere else.

Apple didn't respond to questions about the AirDrop change. It plans to make the "Everyone for 10 Minutes" feature a global standard next year, according to Bloomberg.

"Protesters clash with police as unrest rocks cities across China," reads CNN's headline. The Guardian calls it "the biggest wave of civil disobedience on the mainland since Xi Jinping assumed power a decade ago," noting one crowd numbered over 1,000 protesters. "Crowdsourced lists on social media claim protests have been documented at as many as 50 Chinese universities over the weekend."

Looking back over the last 10 years, CNN's correspondent in China calls it "an unprecedented level of public dissent". During lockdowns people struggled to get emergency care, food, and necessities, but CNN's correspondent warns now "what we're seeing is this tipping point across the country, after years of suffering and deaths." "What we're seeing is people past their breaking point — it's years of pent-up anger. This is three years of draconian lockdowns that have cost people's lives, their livelihoods — but the trigger for this wave of protests was a deadly fire at Xinjiang that killed at least 10 people. Videos of the scene indicated that Covid restrictions prevented victims from getting help.

"But these protesters — not just angry about Covid lockdowns. They're also targetting their anger towards the supreme leader himself."

[CNN shows what they call "extraordinary" footage of people in Shanghai calling on Jinping to step down.]

"Over and over again. Those chants go on for quite some time. They're also calling for the Communist party to step down. I can't overstate just how shocking it is to hear this, this crowd in Shanghai — China's wealthiest and most cosmopolitan city. And that chanting happening in a central, upscale part of the city, to be directly calling out for Xi Jinping to resign — I mean, this is virtually unheard of. In China it is extremely dangerous to publicly criticize the party, especially Xi himself. You risk prison time, or even worse.

"Some protesters also chanted they don't want dictatorship, they want freedom and democracy. Witnesses told CNN as well that rows of police officers were making arrests, forcefully pushing protesters into police cars — but the next day on Sunday, hundreds of Shanghai residents returned, to continue protesting, despite heavy police presence and roadblocks. Videos also showed some protesters violently dragged away, and now that area has been mostly cordoned off.
New videos now "showed hundreds of people at an intersection shouting 'Release the people!' in a demand for the police to free detained demonstrators," reports CNN, in an article shared by Slashdot reader LionKimbro: By Sunday evening, mass demonstrations had spread to Beijing, Chengdu, Guangzhou and Wuhan, where thousands of residents called for not only an end to Covid restrictions, but more remarkably, political freedoms. In Beijing, hundreds of mostly young people demonstrated in the commercial heart of the city well into the small hours of Monday.... People chanted slogans against zero-Covid, voiced support for the detained protesters in Shanghai, and called for greater civil liberties. "We want freedom! We want freedom!" the crowd chanted under an overpass. Speaking to CNN's Selina Wang at the protest, a demonstrator said he was shocked by the turnout....

In the southwestern metropolis of Chengdu, large crowds demonstrated along the bustling river banks in a popular food and shopping district, according to a protester interviewed by CNN and videos circulating online.... "Opposition to dictatorship!" the crowd chanted. "We don't want lifelong rulers. We don't want emperors!" they shouted in a thinly veiled reference to Xi, who last month began a norm-shattering third term in office.

In the southern city of Guangzhou, hundreds gathered on a public square in Haizhu district — the epicenter of the city's ongoing Covid outbreak that has been locked down for weeks. "We don't want lockdowns, we want freedom! Freedom of expression, freedom of the press, freedom of arts, freedom of movement, personal freedoms. Give me back my freedom!" The crowd shouted.

Across China, protests have also broken out on university campuses — which are particularly politically sensitive to the Communist Party, given the history of the student-led Tiananmen Square protests in 1989....

In one video, a university official could be heard warning the students: "You will pay for what you did today."

"You too, and so will the country," a student shouted in reply.
The campus protests continued on Sunday, CNN reports, with a crowd of hundreds of students at Tsinghua University, another top university in Beijing.

"Videos and images circulating on social media show students holding up sheets of white paper and shouting: 'Democracy and rule of law! Freedom of expression!'"

Kaspersky is stopping the operation and sales of its VPN product, Kaspersky Secure Connection, in the Russian Federation, with the free version to be suspended as early as November 15, 2022. BleepingComputer reports: As the Moscow-based company informed on its Russian blog earlier this week, the shutdown of the VPN service will be staged, so that impact on customers remains minimal. Purchases of the paid version of Kaspersky Secure Connection will remain available on both the official website and mobile app stores until December 2022. Customers with active subscriptions will continue to enjoy the product's VPN service until the end of the paid period, which cannot go beyond the end of 2023 (one-year subscription).

Russian-based users of the free version of Kaspersky Secure Connection will not be able to continue using the product after November 15, 2022, so they will have to seek alternatives. BleepingComputer emailed Kaspersky questions regarding its decision to stop offering VPN products in Russia, but a spokesperson has declined to provide more information. Russia's telecommunications watchdog, Roskomnadzor, announced VPN bans in June 2021 and then again in December 2021. "The reason for banning 15 VPNs in the country was because their vendors refused to connect their services to the FGIS database, which would apply government-imposed censorship in VPN connections, and would also make user traffic and identity subject to state scrutiny," reports BleepingComputer.

"Ever-increasing controls are strangling VPN usage in Russia. On Tuesday, the Ministry of Digital Transformation requested all state-owned companies to declare what VPN products they use, for what purposes, and in what locations."

An anonymous reader quotes a report from Bloomberg: Apple has limited the AirDrop wireless file-sharing feature on iPhones in China after the mechanism was used by protesters to spread images to other iPhone owners. AirDrop allows the quick exchange of files like images, documents or videos between Apple devices. The latest version -- iOS 16.1.1, released Wednesday -- caps the window in which users can receive files from non-contacts at 10 minutes. The previous options didn't limit the time involved. Users could choose to get files from everyone, no one or just their contacts. After the 10-minute period expires, the system reverts to the mode where files can only be received from contacts. That means that individuals won't be able to get an AirDrop transfer from a stranger without actively turning on the feature in the preceding few minutes. It makes it harder for anyone seeking to distribute content and reach people in a discreet manner.

Apple made the change to AirDrop on iPhones sold in China. The shift came after protesters in the country used the service to spread posters opposing Xi Jinping and the Chinese government. The use of AirDrop to sidestep China's strict online censorship has been well-documented over the past three years and was highlighted again recently. Apple didn't comment on why the change was introduced in China, but said that it plans to roll out the new AirDrop setting globally in the coming year. The idea is to mitigate unwanted file sharing, the company said.

The Intercept reports that protesters in Iran "have often been left wondering how the government was able to track down their locations or gain access to their private communications — tactics that are frighteningly pervasive but whose mechanisms are virtually unknown."

But The Intercept now has evidence of a new possibility: While disconnecting broad swaths of the population from the web remains a favored blunt instrument of Iranian state censorship, the government has far more precise, sophisticated tools available as well. Part of Iran's data clampdown may be explained through the use of a system called "SIAM," a web program for remotely manipulating cellular connections made available to the Iranian Communications Regulatory Authority. The existence of SIAM and details of how the system works, reported here for the first time, are laid out in a series of internal documents from an Iranian cellular carrier that were obtained by The Intercept.

According to these internal documents, SIAM is a computer system that works behind the scenes of Iranian cellular networks, providing its operators a broad menu of remote commands to alter, disrupt, and monitor how customers use their phones. The tools can slow their data connections to a crawl, break the encryption of phone calls, track the movements of individuals or large groups, and produce detailed metadata summaries of who spoke to whom, when, and where. Such a system could help the government invisibly quash the ongoing protests — or those of tomorrow — an expert who reviewed the SIAM documents told The Intercept.

"SIAM can control if, where, when, and how users can communicate," explained Gary Miller, a mobile security researcher and fellow at the University of Toronto's Citizen Lab. "In this respect, this is not a surveillance system but rather a repression and control system to limit the capability of users to dissent or protest."
Thanks to long-time Slashdot reader mspohr for submitting the article.

Engadget writes: After nearly three weeks of escalating rhetoric, The Wire is retracting its reporting on Meta.

On Sunday, the nonprofit publication said it had discovered "certain discrepancies" with the material that had informed its reporting on the social media giant since October 6th. "The Wire believes it is appropriate to retract the stories," the outlet said, pointing to the fact it could not authenticate two emails that were critical to its previous coverage of Meta. One of the emails The Wire said it could not verify includes a message the outlet had attributed to Meta spokesperson Andy Stone.

"Our investigation, which is ongoing, does not as yet allow us to take a conclusive view about the authenticity and bona fides of the sources with whom a member of our reporting team says he has been in touch over an extended period of time," The Wire said. "We are still reviewing the entire matter, including the possibility that it was deliberately sought to misinform or deceive The Wire."
The Wire had reported Meta "had given an influential official from India's ruling party the extraordinary power to censor Instagram posts that he didn't like," according to the Washington Post. But it took a weird turn when The Wire published a video of a takedown request, according to Engadget.

"One day later, Meta said an internal investigation found the video showed a Workspace account created on October 13th, suggesting someone made the account to back up The Wire's reporting."

Parler was so excited to tell its users that the artist formerly known as Kanye West had decided to buy the social media network, it accidentally doxed all its members. Fortune reports: The platform has been embraced by conservatives who departed Twitter over allegations of political censorship, and West, a known lover of controversy, agreed to buy it earlier this week so those users could "freely express" themselves. But in an email announcing the rapper's involvement, the company publicly copied in 300-plus email addresses of its verified VIP members instead of blind copying, allowing their personal contact details to be visible to everyone else in the email chain.

The incident was revealed by newsletter writer Adam Ryan who shared screenshots of the original message from Parler about the "monumental new chapter," explaining that they expected the acquisition to be complete by the end of the year and describing their VIP members as "an invaluable part of the Parler family and experience." Ryan's screenshot also showed the blurred-out addresses of "gold-badged" members in the email chain who consist of "influencers, celebrities, journalists, media organizations, public officials, government entities, businesses, organizations, and nonprofits." Some of the well-known names in the email chain include Sen. Ted Cruz, former President Donald Trump, and Rep. Matt Gaetz.

Further reading: Ye's 'Buyout' Of Parler Looks Very Much Like A Failed Company Taking Advantage Of Troubled Rich Guy (Techdirt)

Turkey criminalized the spread of what authorities describe as false information on digital platforms, giving the government new powers in the months remaining before elections. From a report: The measure, proposed by the governing AK Party and its nationalist ally MHP, is part of a broader "disinformation" law that was adopted by parliament on Thursday. It mandates a jail term of one to three years for users who share online content that contains "false information on the country's security, public order and overall welfare in an attempt to incite panic or fear." Media groups and opposition parties have decried the bill as censorship, seeing it as a move to stifle critics and journalists in the run-up to elections set for next year. "The crime is defined with rather vague and open-ended terms," said Mustafa Kuleli, vice president of the European Federation of Journalists. "It is not clear how prosecutors will take action against those who allegedly spread false information." Other articles in the law range from amendments to issuance of press cards to the procedure of correcting "false" information online.

Iran's government is trying to limit internet access, reports CNBC — while Iranians are trying a variety of technologies to bypass the blocks: Outages first started hitting Iran's telecommunications networks on September 19, according to data from internet monitoring companies Cloudflare and NetBlocks, and have been ongoing for the last two and a half weeks. Internet monitoring groups and digital rights activists say they're seeing "curfew-style" network disruptions every day, with access being throttled from around 4 p.m. local time until well into the night. Tehran blocked access to WhatsApp and Instagram, two of the last remaining uncensored social media services in Iran. Twitter, Facebook, YouTube and several other platforms have been banned for years.

As a result, Iranians have flocked to VPNs, services that encrypt and reroute their traffic to a remote server elsewhere in the world to conceal their online activity. This has allowed them to restore connections to restricted websites and apps. On September 22, a day after WhatsApp and Instagram were banned, demand for VPN services skyrocketed 2,164% compared to the 28 days prior, according to figures from Top10VPN, a VPN reviews and research site. By September 26, demand peaked at 3,082% above average, and it has continued to remain high since, at 1,991% above normal levels, Top10VPN said....

Mahsa Alimardani, a researcher at free speech campaign group Article 19, said a contact she's been communicating with in Iran showed his network failing to connect to Google, despite having installed a VPN. "This is new refined deep packet inspection technology that they've developed to make the network extremely unreliable," she said. Such technology allows internet service providers and governments to monitor and block data on a network. Authorities are being much more aggressive in seeking to thwart new VPN connections, she added....

VPNs aren't the only techniques citizens can use to circumvent internet censorship. Volunteers are setting up so-called Snowflake proxy servers, or "proxies," on their browsers to allow Iranians access to Tor — software that routes traffic through a "relay" network around the world to obfuscate their activity.

Great Firewall Report (GFW), an organization that monitors and reports on China's censorship efforts, has this week posted a pair of assessments indicating a crackdown on TLS encryption-based tools used to evade the Firewall. The Register reports: The group's latest post opens with the observation that starting on October 3, "more than 100 users reported that at least one of their TLS-based censorship circumvention servers had been blocked. The TLS-based circumvention protocols that are reportedly blocked include trojan, Xray, V2Ray TLS+Websocket, VLESS, and gRPC." Trojan is a tool that promises it can leap over the Great Firewall using TLS encryption. Xray, V2ray and VLESS are VPN-like internet tunneling and privacy tools. It's unclear what the reference to gRPC describes -- but it is probably a reference to using the gRPC Remote Procedure Call (RPC) framework to authenticate client connections to VPN servers.

GFW's analysis of this incident is that "blocking is done by blocking the specific port that the circumvention services listen on. When the user changes the blocked port to a non-blocked port and keep using the circumvention tools, the entire IP addresses may get blocked." Interestingly, domain names used with these tools are not added to the Great Firewall's DNS or SNI blacklists, and blocking seems to be automatic and dynamic. "Based on the information collected above, we suspect, without empirical measurement yet, that the blocking is possibly related to the TLS fingerprints of those circumvention tools," the organization asserts. An alternative circumvention tool, naiveproxy, appears not to be impacted by these changes. "It's not hard to guess why China might have chosen this moment to upgrade the Great Firewall: the 20th National Congress of the Chinese Communist Party kicks off next week," notes the Register. "The event is a five-yearly set piece at which Xi Jinping is set to be granted an unprecedented third five-year term as president of China."

Tools helping China's netizens to bypass the Great Firewall appear to be facing a fresh round of crackdowns in the run-up to the country's quinquennial party congress that will see a top leadership reshuffle. From a report: Greater censorship is not at all uncommon during countries' politically sensitive periods, but the stress facing censorship circumvention tools in China appears to be on a whole new level. "Starting from October 3, 2022 (Beijing Time), more than 100 users reported that at least one of their TLS-based censorship circumvention servers had been blocked," writes GFW Report, a censorship monitoring platform focused on China, in a GitHub post.

TLS, or transport layer security, is a ubiquitous internet security protocol used for encrypting data sent across the internet. Because data shared over a TLS connection is encrypted and cannot be easily read, many censorship circumvention apps and services use TLS to keep people's conversations private. A TLS-based virtual private network, or VPN, directs internet traffic through a TLS connection instead of pushing that traffic to one's internet provider. But Chinese censors seem to have found a way of compromising this strategy. "The blocking is done by blocking the specific port that the circumvention services listen on. When the user changes the blocked port to a non-blocked port and keeps using the circumvention tools, the entire IP address may get blocked," GFW Report says in the post.

VideoLAN, the developer and operator of popular media player VLC, has filed a legal notice to India's IT and Telecom ministries, alleging that the Indian bodies failed to notify the software developer prior to blocking the website and did not afford it a chance for an explanation. From a report: Indian telecom operators have been blocking VideoLAN's website, where it lists links to downloading VLC, since February of this year, VideoLan president and lead developer Jean-Baptiste Kempf told TechCrunch in an earlier interview. India is one of the largest markets for VLC. "Most major ISPs [internet service providers] are banning the site, with diverse techniques," he said of the blocking in India. The telecom operators began blocking the VideoLan website on February 13 of this year, when the site saw a drop of 80% in traffic from the South Asian market, he said. Now, VideoLAN, in assistance with local advocacy group Internet Freedom Foundation, is using legal means to get answers and redressal. It has sought a copy of the blocking order for banning VideoLAN website in India and an opportunity to defend the case through a virtual hearing. In the notice, VideoLAN argues that the way Indian ministries have enforced the ban on the website, they violate their own local laws.

Google Translate, one of Google's last remaining products in China, has been shut down "due to low usage." According to CNBC, "The dedicated mainland China website for Google Translate now redirects users to the Hong Kong version of the service. However, this is not accessible from mainland China." From the report: Google has had a fraught relationship with the Chinese market. The U.S. technology giant pulled its search engine from China in 2010 because of strict government censorship online. Its other services -- such as Google Maps and Gmail -- are also effectively blocked by the Chinese government. As a result, local competitors such as search engine Baidu and social media and gaming giant Tencent have come to dominate the Chinese internet landscape in areas from search to translation.

Google has a very limited presence in China these days. Some of its hardware including smartphones are made in China. But The New York Times reported last month that Google has shifted some production of its Pixel smartphones to Vietnam. The company is also looking to try to get Chinese developers to make apps for its Android operating system globally that will then be available via the Google Play Store, even though that's blocked in China. In 2018, Google was exploring reentering China with its search engine, but ultimately scrapped that project after backlash from employees and politicians.

A cache of nearly 160,000 files from Russia's powerful internet regulator provides a rare glimpse inside Vladimir V. Putin's digital crackdown. The New York Times: Four days into the war in Ukraine, Russia's expansive surveillance and censorship apparatus was already hard at work. Roughly 800 miles east of Moscow, authorities in the Republic of Bashkortostan, one of Russia's 85 regions, were busy tabulating the mood of comments in social media messages. They marked down YouTube posts that they said criticized the Russian government. They noted the reaction to a local protest. Then they compiled their findings. One report about the "destabilization of Russian society" pointed to an editorial from a news site deemed "oppositional" to the government that said President Vladimir V. Putin was pursuing his own self-interest by invading Ukraine. A dossier elsewhere on file detailed who owned the site and where they lived. Another Feb. 28 dispatch, titled "Presence of Protest Moods," warned that some had expressed support for demonstrators and "spoke about the need to stop the war." The report was among nearly 160,000 records from the Bashkortostan office of Russia's powerful internet regulator, Roskomnadzor.

Together the documents detail the inner workings of a critical facet of Mr. Putin's surveillance and censorship system, which his government uses to find and track opponents, squash dissent and suppress independent information even in the country's furthest reaches. The leak of the agency's documents "is just like a small keyhole look into the actual scale of the censorship and internet surveillance in Russia," said Leonid Volkov, who is named in the records and is the chief of staff for the jailed opposition leader Aleksei A. Navalny. "It's much bigger," he said. Roskomnadzor's activities have catapulted Russia, along with authoritarian countries like China and Iran, to the forefront of nations that aggressively use technology as a tool of repression. Since the agency was established in 2008, Mr. Putin has turned it into an essential lever to tighten his grip on power as he has transformed Russia into an even more authoritarian state. The internet regulator is part of a larger tech apparatus that Mr. Putin has built over the years, which also includes a domestic spying system that intercepts phone calls and internet traffic, online disinformation campaigns and the hacking of other nations' government systems. The agency's role in this digital dragnet is more extensive than previously known, according to the records.

It has morphed over the years from a sleepy telecom regulator into a full-blown intelligence agency, closely monitoring websites, social media and news outlets, and labeling them as "pro-government," "anti-government" or "apolitical." Roskomnadzor has also worked to unmask and surveil people behind anti-government accounts and provided detailed information on critics' online activities to security agencies, according to the documents. That has supplemented real-world actions, with those surveilled coming under attack for speaking out online. Some have then been arrested by the police and held for months. Others have fled Russia for fear of prosecution. The files reveal a particular obsession with Mr. Navalny and show what happens when the weight of Russia's security state is placed on one target. The system is built to control outbursts like the one this week, when protesters across Russia rallied against a new policy that would press roughly 300,000 people into military service for the war in Ukraine. At least 1,200 people have already been detained for demonstrating. More than 700 gigabytes of records from Roskomnadzor's Bashkortostan branch were made publicly available online in March by DDoSecrets, a group that publishes hacked documents.

Facebook and Instagram's speech policies harmed fundamental human rights of Palestinian users during a conflagration that saw heavy Israeli attacks on the Gaza Strip last May, according to a study commissioned by the social media sites' parent company Meta. From a report: "Meta's actions in May 2021 appear to have had an adverse human rights impact ... on the rights of Palestinian users to freedom of expression, freedom of assembly, political participation, and non-discrimination, and therefore on the ability of Palestinians to share information and insights about their experiences as they occurred," says the long-awaited report, which was obtained by The Intercept in advance of its publication. Commissioned by Meta last year and conducted by the independent consultancy Business for Social Responsibility, or BSR, the report focuses on the company's censorship practices and allegations of bias during bouts of violence against Palestinian people by Israeli forces last spring.

Following protests over the forcible eviction of Palestinian families from the Sheikh Jarrah neighborhood in occupied East Jerusalem, Israeli police cracked down on protesters in Israel and the West Bank, and launched military airstrikes against Gaza that injured thousands of Palestinians, killing 256, including 66 children, according to the United Nations. Many Palestinians attempting to document and protest the violence using Facebook and Instagram found their posts spontaneously disappeared without recourse, a phenomenon the BSR inquiry attempts to explain. Last month, over a dozen civil society and human rights groups wrote an open letter protesting Meta's delay in releasing the report, which the company had originally pledged to release in the "first quarter" of the year. While BSR credits Meta for taking steps to improve its policies, it further blames "a lack of oversight at Meta that allowed content policy errors with significant consequences to occur."

In an interview with Bloomberg, Microsoft President Brad Smith said the company won't label social media posts that appear to be false in order to avoid the appearance that the company is trying to censor speech online. From the report: "I don't think that people want governments to tell them what's true or false," Smith said when asked about Microsoft's role in defining disinformation. "And I don't think they're really interested in having tech companies tell them either." The comments are Smith's strongest indication yet that Microsoft is taking a unique path to tracking and disrupting digital propaganda efforts.

Smith said Microsoft wanted to provide the public with more information about who is speaking, what they are saying and allow them to come to their own judgment about whether content was true. "We have to be very thoughtful and careful because -- and this is also true of every democratic government -- fundamentally, people quite rightly want to make up their own mind and they should," he said. "Our whole approach needs to be to provide people with more information, not less and we cannot trip over and use what others might consider censorship as a tactic."

The short answers are "yes" and "no." America's Constitution prohibits government intervention into public expression, reports the business-news radio show Marketplace, "protecting free speech and expression "through, for example.... writing, protesting and coding languages like JavaScript, HTML, Python and Perl."

Specifically protecting code started with the 1995 case of cryptographer Daniel Bernstein, who challenged America's "export controls" on encryption (which regulated it like a weapon). But they also spoke to technology lawyer Kendra Albert, a clinical instructor at Harvard Law School's Cyberlaw Clinic, about the specific parameters of how America protects code as a form of expression: Albert: I think that the reality was that the position that code was a form of expression is in fact supported by a long history of First Amendment law. And that it, you know, is very consistent with how we see the First Amendment interpreted across a variety of contexts.... [O]ne of the questions courts ask is whether a regulation or legislation or a government action is specifically targeting speech, or whether the restrictions on speech are incidental, but not the overall intention. And that's actually one of the places you see kind of a lot of these difficulties around code as speech. The nature of many kinds of regulation may mean that they restrict code because of the things that particular forms of software code do in the world. But they weren't specifically meant to restrict the expressive conduct. And courts end up then having to sort of go through a test that was originally developed in the context of someone burning a draft card to figure out — OK, is this regulation, is the burden that it has on this form of expressive speech so significant that we can't regulate in this way? Or is this just not the focus, and the fact that there are some restrictions on speech as a result of the government attempting to regulate something else should not be the focus of the analysis?

Q: Congress and federal agencies as well as some states are looking to tighten regulations around cryptocurrencies and blockchain technology. What role do you think the idea of code as speech will play in this environment moving forward?

Albert: The reality is that the First Amendment is not a total bar to regulation of speech. It requires the government meet a higher standard for regulating certain kinds of speech. That runs, to some extent, in conflict with how people imagine what "code is speech" does as sort of a total restriction on the regulation of software, of code, because it has expressive content. It just means that we treat code similarly to how we treat other forms of expression, and that the government can regulate them under certain circumstances.

An anonymous reader quotes a report from MIT Technology Review: There's a new text-to-image AI in town. With ERNIE-ViLG, a new AI developed by the Chinese tech company Baidu, you can generate images that capture the cultural specificity of China. It also makes better anime art than DALL-E 2 or other Western image-making AIs. But there are many things -- like Tiananmen Square, the country's second-largest city square and a symbolic political center -- that the AI refuses to show you. When a demo of the software was released in late August, users quickly found that certain words -- both explicit mentions of political leaders' names and words that are potentially controversial only in political contexts -- were labeled as "sensitive" and blocked from generating any result. China's sophisticated system of online censorship, it seems, has extended to the latest trend in AI. It's not rare for similar AIs to limit users from generating certain types of content. DALL-E 2 prohibits sexual content, faces of public figures, or medical treatment images. But the case of ERNIE-ViLG underlines the question of where exactly the line between moderation and political censorship lies.

The ERNIE-ViLG model is part of Wenxin, a large-scale project in natural-language processing from China's leading AI company, Baidu. It was trained on a data set of 145 million image-text pairs and contains 10 billion parameters -- the values that a neural network adjusts as it learns, which the AI uses to discern the subtle differences between concepts and art styles. That means ERNIE-ViLG has a smaller training data set than DALL-E 2 (650 million pairs) and Stable Diffusion (2.3 billion pairs) but more parameters than either one (DALL-E 2 has 3.5 billion parameters and Stable Diffusion has 890 million). Baidu released a demo version on its own platform in late August and then later on Hugging Face, the popular international AI community. The main difference between ERNIE-ViLG and Western models is that the Baidu-developed one understands prompts written in Chinese and is less likely to make mistakes when it comes to culturally specific words.

But ERNIE-ViLG will be defined, as the other models are, by what it allows. Unlike DALL-E 2 or Stable Diffusion, ERNIE-ViLG does not have a published explanation of its content moderation policy, and Baidu declined to comment for this story. When the ERNIE-ViLG demo was first released on Hugging Face, users inputting certain words would receive the message "Sensitive words found. Please enter again (...)," which was a surprisingly honest admission about the filtering mechanism. However, since at least September 12, the message has read "The content entered doesn't meet relevant rules. Please try again after adjusting it. (...)" In a test of the demo by MIT Technology Review, a number of Chinese words were blocked: names of high-profile Chinese political leaders like Xi Jinping and Mao Zedong; terms that can be considered politically sensitive, like "revolution" and "climb walls" (a metaphor for using a VPN service in China); and the name of Baidu's founder and CEO, Yanhong (Robin) Li. While words like "democracy" and "government" themselves are allowed, prompts that combine them with other words, like "democracy Middle East" or "British government," are blocked. Tiananmen Square in Beijing also can't be found in ERNIE-ViLG, likely because of its association with the Tiananmen Massacre, references to which are heavily censored in China. Giada Pistilli, a principal ethicist at Hugging Face, says it could be helpful for the developer of ERNIE-ViLG to release a document explaining the moderation decisions. "Is it censored because it's the law that's telling them to do so? Are they doing that because they believe it's wrong? It always helps to explain our arguments, our choices," says Pistilli.

"Despite the built-in censorship, ERNIE-ViLG will still be an important player in the development of large-scale text-to-image AIs," concludes the report. "The emergence of AI models trained on specific language data sets makes up for some of the limitations of English-based mainstream models. It will particularly help users who need an AI that understands the Chinese language and can generate accurate images accordingly."

"Just as Chinese social media platforms have thrived in spite of rigorous censorship, ERNIE-ViLG and other Chinese AI models may eventually experience the same: they're too useful to give up."

Several weeks after taking over Ukraine's southern port city of Kherson, Russian soldiers arrived at the offices of local internet service providers and ordered them to give up control of their networks. From a report: "They came to them and put guns to their head and just said, 'Do this,'" said Maxim Smelyanets, who owns an internet provider that operates in the area and is based in Kyiv. "They did that step by step for each company." Russian authorities then rerouted mobile and internet data from Kherson through Russian networks, government and industry officials said. They blocked access to Facebook, Instagram and Twitter, as well as to Ukrainian news websites and other sources of independent information. Then they shut off Ukrainian cellular networks, forcing Kherson's residents to use Russian mobile service providers instead.

What happened in Kherson is playing out in other parts of Russian-occupied Ukraine. After more than five months of war, Russia controls large sections of eastern and southern Ukraine. Bombings have leveled cities and villages; civilians have been detained, tortured and killed; and supplies of food and medicine are running low, according to witnesses interviewed by The New York Times and human rights groups. Ukrainians in those regions have access only to Russian state television and radio. To cap off that control, Russia has also begun occupying the cyberspace of parts of those areas. That has cleaved off Ukrainians in Russia-occupied Kherson, Melitopol and Mariupol from the rest of the country, limiting access to news about the war and communication with loved ones. In some territories, the internet and cellular networks have been shut down altogether.