ONE month ago, the controversial FPB amendment bill was passed by South Africa’s Parliament. It came as a major blow to online content providers battling prior restraint and other apartheid-era laws from a previous period of newsroom censorship, and will ostensibly turn ISPs into cops, tasked with enforcing FPB content classification, and in some instances, even blocking sites.
If it isn’t nipples and journalists that interest the authorities, then it is Hollywood’s copyright regime and our own country’s fair use/fair dealing laws which seemingly protect creators of content.
A related piece of legislation, the copyright law amendment bill, as it stands contradicts public rights protections and seeks to impose institutional copyright on behalf of collecting agencies, even in areas where a permissive licensing system may already be in place. There is a well-funded lobby promoting copyright restrictions and classification, that also wants to remove fair use wording and any public domain permissions. Currently there are not enough checks and balances shoring up legal defenses against prior restraint while promoting freedom of speech, innovation and the reuse of content via permissive licensing.
The anti-piracy lobby group SAFACT has announced plans to block online sites. Opening the door to politicians who may also want to block sites and target publishers with which they disagree. The vocal religious lobby routinely rails against what they perceive to be the “anything goes society” as do those from the ‘moral majority’ who view porn as the “work of the devil”.
Conservative and Far Left campaigns against porn, hate speech and other ‘social evils’, have invariably resulted in the loss of fundamental freedoms. Acting as a cover for those who seek to limit criticism and public opinion.
The threat of holding ISPS and publishers responsible for users comments was enough to shut down many discus comments sites when the FPB amendment was first announced, effectively destroying the evolution of online letters to the editor and further eroding what freedom remains on the Internet. The emergence of overly broad anti-hate speech legislation hasn’t helped matters either.
The controversy surrounding the X18 age restriction of local film The Wound, the first time a local film has received such a rating in recent memory, is another example of how the FPB will play itself out.
We’ve written about the many problems presented by the FPB and its draconian plans, chief of which is censorship of online content and the erosion of communications and press freedoms guaranteed by our Bill of Rights. Thus the information freedom subsumed under article 16 freedom of expression, and the right to not have the privacy of our communications infringed, under article 14 privacy rights. All drafted following a period in which apartheid censors had gone overboard in their quest to purify political discourse.
You can read some of these articles here:
There is still time to stop the FPB amendment, (and canvass parliament on the Copyright Bill.)
“First, the president can refuse to sign it and send it back to the National Assembly on the point that he thinks it is unconstitutional, or constitutionally problematic. If that doesn’t happen, any MP can ask the Constitutional Court to review it on the point that the amendment is unconstitutional. Finally if it is passed into law, a private citizen or other body could potentially take up legal suit to get the now Act declared unconstitutional.”
The bill continues to threaten the ‘fundamental democratic spirit of the Internet and increases the state’s surveillance powers.’ The allegations have been denied (but not refuted) by deputy minister of justice and constitutional development, John Jeffery, at a media briefing on the Bill in Pretoria last week.
Although the latest version of the bill that will be introduced to Parliament is ‘considerably different in many respects to the Bill that was issued for public comment,’ it still contains provisions which are highly problematic from a civil rights perspective, in particular the erosion of the communications rights in our Constitution which favour individual data gathering and information sharing.
Advocacy group Right2Know Campaign (R2K), which is opposed to the Cyber Security Bill and has called for it to be scrapped, says via ITWeb, that despite the revisions, the fundamental fatal flaws of the Bill are still there.
R2K advocacy coordinator Murray Hunter says the organisation recognises the Department of Justice has made some important revisions in the Bill: “But as far as we can see, the fundamental, fatal flaw of the Bill is still there − it would hand over the keys of the Internet to state security minister David Mahlobo.”
Particularly worrying is the bill criminalises the modification of computer programmes by users, in effect open intellectual inquiry is outlawed by a presumption that any curiosity for instance, is evidence of an ulterior motive. Why would users want to gain access to their operating systems, if only to engage in crime?
The bill is thus an amalgamation of paranoid and securocratic concerns about potential, online criminal activities, From hacking to interception of data, from forgery and uttering, to extortion and even terrorist activity. And most certainly there are very real reasons to be afraid these days of unwanted intrusions such as identity theft, fraud and surveillance, but should modifying computer data be grounds for the presumption of criminality?
Similarly, the use of common network tools, such as ping, finger, netstat and so on, would under the current version of the bill, also incur the legislators wrath. Why would anyone wish to analyse network traffic if only to commit crime? The mind boggles at the scope and sheer over-reach of the contemplated new statute.
Removing bloatware, adware and other unwanted intrusions by software companies, will not surprisingly, also run the risk of offending the new proposed law. There are many articles available online, on the issue of whether computer software users do have or ought to have the right to modify legally-obtained software, either themselves or through the services of another party.
“Private software consumers should have those same modification rights under intellectual property law that are recognized when the government is a consumer of software” says Pamela Samuelson of Berkeley Law Review. The Free Software Foundation has long campaigned for user rights to modify and alter computer programmes. The entire open source movement is predicated on the rights contained in the GNU/Linux General Public License (GPL), which expressly allows such modifications.
One of the novelties inside the bill is the new delict of “theft of an incorporeal”. One can only presume this is meant to convey the idea of virtual objects, which may be copied without permission and thus also “stolen”. In legal tradition the crime of theft usually deprives the owner of property, not simply by leaving behind the original and making a digital copy, which has lead many internet rights activists to point out the inherent contradiction.*
The overly-broad definition of “computer” by the bill, leaves much to be desired, and opens up users to unwanted litigation merely for possession of a personal computer, and thus an unnecessary attack against general purpose, personal computing. In today’s interconnected and networked world, it is often difficult to determine where an intrusion or ‘cyberattack’ originates, and what exactly is being conveyed by the noughts and ones of machine code.
Turning victims into criminals isn’t the solution.
You can read more about this debate on Itweb, with an excellent contribution by Simnikiwe Mzekandaba
See my separate article on how internet rights were included in South Africa’s Constitution.
(*NOTE: In 1991 South Press carried a pioneering article by myself, pointing out the problem of defining property in the computer age, the M&G refused to run a follow-up citing concerns to do with property-ownership. I later participated in the campaign to include Internet rights in the Constitution)
IT WAS in 1995 that I returned from self-imposed exile and America’s West Coast. Having launched what would be the very first online act of mass civil disobedience against John Major’s Criminal Justice Bill the previous year. The Distributed Denial of Service (DDoS) attacks against Whitehall were launched from a techno party at the 181 Club in San Francisco, followed by a landmark Digital Be-In ‘CyberSafari’ videoconferencing event, linking the continent of North America with Africa — that I embarked on a series of public happenings in South Africa, culminating in several inaugural cyber-rights events at the iCafe in Long St, Cape Town.
A photograph from the period shows me at a terminal, wearing a Mondo 2000 t-shirt, at the very first NetDemocracy event in the country hosted by Nodi Murphy and Stephen Garrett. A simple information activist, participating in an online Internet Relay Chat (IRC) chat with Minister Pallo Jordan alongside 120 citizens from around the country, all of whom happened to be online.
￼“Internet Cafe expert gets in touch with Posts and Telecommunications Ministers Dr Pallo Jordan via the Internet relay chat held in the city yesterday. More than 120 people from around the country asked him questions about the Green Paper on telecommunications policies.” opined the Cape Times.
Jordan would later the same day, accept a complimentary copy of the Virtual Community, Homesteading on the Electronic Frontier by Howard Rheingold, as I proceeded to also fax Minister Jay Naidoo, with demands that we resist the urge to simply usher in the Internet Age, but also take proactive steps to protect user’s rights online, rights such as the right to privacy, right to not have one’s communication intercepted, right to receive and impart communication electronically, right to cryptography and pretty good privacy (PGP), the right to download and upload information, the right to copy data and so on.
Successive events the following year in 1996 held during the constitution-building process, charted new territory and included a CuSeeMe video-call with columnist and digital rights advocate Douglas Rushkoff from New York, a public IRC session with the editor of Future Sex Magazine, Lisa Palac , and a controversial session on Martinican poet Aimé Césaire, Léopold Sédar Senghor and Léon Damas entitled ‘Negritude on the Net’, and other such interventions.
The somewhat crude outcome wasn’t exactly what we all intended, in the end, there was unfortunately, no single article in our constitution entitled ‘Internet Rights’, but instead, as fate would have it, the authors of the Constitution and our Bill of Rights achieved the same. By engaging in public consultation, by utilising the very same tools we, as net activists, were advocating, the constituent assembly effected an astonished feat and made good on many promises. Eventually including a suite of astonishing information and communication rights, many of them applicable and ready-to-wear or subsumed under other legal headings.
The historically important result was noted by Wired Magazine, who reported on the landmark inclusion of information and other rights. A first for any country on the planet. Thus, article 14 ‘Right to Privacy’, has the crucial right to not have the privacy of our communications infringed.
Article 16 Freedom of Expression aside from granting individuals the freedom to blog, tweet and produce electronic media, contains the all important ‘freedom to receive or impart information or ideas;’
Article 32 Access to Information, guarantees ‘access to information held by the state, or required for the exercise or protection of any rights.’
These three foundational rights or ‘spheres of responsibility’, when read together form an important guarantee of online freedoms and cyber-liberties, and must be seen against the backdrop of the constitution’s formation, as a secular document enshrining civil liberties for the digital age. One can thus be proud of the 21st century wording, which is both progressive and future proof.
For our nation’s founder Nelson Mandela, it was a major milestone in constitution building and alongside the rise of the Internet as the World Wide Web, which had came in the aftermath of our very first democratic election, we had collectively opened the doors of technological progress.
South African’s can be grateful we all have a digital-ready constitution and that the country has one of the most strident and open information provisions anywhere on the globe. Municipal, provincial and national government all actively share information online with voters and taxpayers.
Our taxes are now accessed via an online portal operated by the South African Revenue Service (SARS), as are other government services. A public campaign to provide free and open access to internet and data has been gaining steam, and many metros are now providing wifi for gratis.
Despite the enormous progress and despite such guarantees, as I write this, there are still several current legislative threats before the House of Assembly, pitted against our hard-won freedoms, and include the Film & Publications Amendment Bill, the Copyright Amendment Bill and Cybercrime Bill, all introduced by the ruling party, and all containing wording, stratagems and concepts which run counter to the spirit of the constitution and the nation’s legacy of cyber rights.
It thus remains up to the generation of today, the millennials and especially the new crop of digital activists and open access cadres, to defend online freedom and African cyberspace, to make good on the many promises contained in South Africa’s Constitution.
FROM two floppy disks smuggled into South Africa in the late 1980s, to an NGO which continues to play a major role in responding to the Information Technology (IT) requirements of the NGO sector in South Africa, this is the unique story of SANGONeT.
In the late 1980s, not long after Bill Gates had moved from his garage into a boardroom, a quiet IT revolution was taking place in Africa. Organisations and individuals, working on the front lines of human rights and development efforts, were beginning to make use of computers, modems and telephone lines to exchange information.
Arriving back in South Africa from Sussex, Alan Finlay says with “two floppy disks, 64kb of memory and an external modem” was, “a leap in the dark”. “No-one knew how it would turn out. It was the future responding to the surrounding environment. 1
WorkNet brought together what Taffy Adler describes as a “motley crew of union, civic and church activists” and some “progressive computer boffins What this motley crew shared was an interest in harnessing the potential of the new communications technologies for change.
Hooking up anti-apartheid organisations and NGOs to basic email services and newsgroups gave these organisations an edge against the authorities who had yet to embrace information technology.
Simone Shall, WorkNet’s first manager, describes his experience getting unions connected.“We were training the unions on PCs, and wrote a small package for them to manage their memberships,” Shall recalls.
WorkNet attracted the attention of techie activists working elsewhere in Africa, and overseas, as a global network emerged, linking non-profit organisations around issues such as environment, women’s rights, and development. GreenNet, a non-profit Internet Service Provider (ISP) become an important ally for WorkNet. With support from a sister NGO called Poptel (Popular Telematics), an international gateway was set up to WorkNet that would connect it to NGOs across the globe.
The initial set-up at WorkNet was rudimentary; nothing one would associate with today’s modern service providers. The WorkNet international link was automated for example, using a simple DOS-based ‘store-and-forward’ email system called Fidonet. The server would dial-up to the GreenNet/Poptel server in the United Kingdom twice a day to download any text mails which were forwarded back and forth from node to node, in a system which predated the World Wide Web.
‘WorkNet originally used some home-brewed scripts to act as a standalone bulletin board system (BBS). Then it migrated to a commercial BBS product called MajorBBS, an early open source programme, Subsequently WorkNet then upgraded to a Sun Sparc station running SunOS, before moving to outsource its network to a commercial provider in the US.’
Although the Worknet service was eventually forced to close as a result of the introduction of commercial competition from services providers such as MWEB and iAfrica, both of whom were able to provider better connectivity, at cheaper rates, SANGOnet continues to support NGOs and is in the forefront of introducing Information Communication Technology (ICT) initiatives in response to civil society requirements and national development priorities.
Lessons which may be learnt from SANGOnet and in particular Worknet, is the way technology may provide activists with an edge, often in periods of conflict, however this edge is only available for a short time, since new technology constantly replaces the old thus levelling the playing field. Often the experience is one of cat and mouse, with each new technological development implemented by activists being countered by big business and capitalism, think of the way pirates use peer-to-peer (P2P) software to download illegal files, in turn service providers invent new technology to counter these threats.
1Adapted from Alan Finley, The SangoNet Story, 20 years of linking civil society through ICTs 2007 ISBN 978-0-620-39102-3
First published online as a chapter in The Media Activist Handbook
IT’S BEEN a long time coming, the new tax proposals mooted by government could end up doing more damage to Internet access than any censorship laws. In his latest budget speech, Pravin Gordhan outlined a plan whereby ” foreign businesses which sell e-books, music and other digital goods and services should be required to register as VAT vendors, in line with regulations which have been adopted by the European Union and other jurisdictions.”
Exactly why this is bound to back-fire is obvious, since many small online website stores hosted in the cloud will not be able to cater to local tax regimes. The policy will only make sense to large global concerns like Apple iTunes who are likely to monopolise the system. Mid-sized online retailers will simply refuse to ship orders to South Africa or block services that conflict with local tax laws.
The job of collecting an Internet tax, if it is ever implemented will be extremely difficult to police. It also sets a precedent whereby sites like Youtube could find themselves susceptible to industry-lead blanket copyright taxes which are bound to come on the heels of any new SARS tax initiative.
The regressive system of taxation being punted by SARS, is also the bailiwick of the music industry who see it as a way of enforcing compliance with antiquated copyright laws. There are also proposals by on-demand digital television companies for the entire Net to be licensed. Sweden recently adopted a law forcing computer users to license their computers, and South Africa could soon follow suit. The online freeconomy which has existed for nearly two decades, and which has resulted in mashup sites like ccMixter and Soundcloud are bound to face pressure from a government which sees the digital world as ripe for the picking.
Industry pundit Arthur Goldstuck supports these proposals and has decried the use of torrents and video streaming, blaming “a few hundred bandwidth hogs” for destroying intellectual property. Clearly the old guard just don’t get free torrents and the creative commons, myopically perceiving the digital world as a threat instead of an opportunity, in other words, they fail to acknowledge the Net as anything more than another marketplace, instead of seeing it as a way to create a new form of capitalism in which all users are effectively shareholders in a global network that redistributes wealth while creating digital assets.
Customs and Excise already collect substantial tax for the exchequer from imported goods shipped via the Internet, and this duty and burden need not be shifted to online retailers. Fortunately South Africa’s Bill of Rights guarantees communication freedom and the right to privacy, it will therefore be interesting to see whether any of the Ministers proposals are able to pass constitutional muster.
South Africa only got television in 1976 thanks to apartheid and the National Party. This pattern of late-adoption of technology was repeated again under a socialist government when the ANC imposed similar tactics of isolation. Instead of unbundling Telkom, the national cable company created by the apartheid state, the party simply took up a position in the market and engaged in the kind of monopoly behaviour that East Germans experienced under Erich Honecker — in effect promoting an artificial, communications Berlin Wall which prevented South Africans from enjoying many of the technological advances of the turn of the century.
Almost 15 years after the rest of the world got broadband, however, South Africans in 2012 finally went online in a big way only to find the world had moved on. Granted, it was always possible to get a dialup account, but Telkom’s metred pricing and uncompetitive practices stifled the kind of ubiquitous Internet that is apparent in the West. Luckily the country’s experiment with mobile telecommunications tells a slightly different story. With the national cable company stuck in the past, a new world of telecommunications unleashed a parallel universe of cheap and accessible services.
Now as the world of cable and mobile converge, we have to ask, what did we miss?
While government censorship committees were deliberating on implementing a Net Kill switch and debating the possibility of a national firewall (65% of South Africans lack Internet services) you probably learnt to ration your Net usage down to a few basic services like social networking and email. But the Internet isn’t just about facebook and twitter. Here are some points to consider.
1. The Learning Revolution.
Online Audio and Video lessons on practically any subject under the Sun, with Free educational lectures on anything from midwifery to rocket science, open university seminars, online tutorials, a plethora of instructables, the world of education never had it so good. Today you can learn how to bake a cake, share food recipes, learn a new language, start a career as a computer programmer with free coding courses, literally anything which can be taught can be related via the new digital medium as a new pedagogy of multimedia transforms education from an elitist pastime to a mass-based and popular occupation entailing lifelong learning.
2. The Open Source Revolution
Remember the days when you had to pirate that copy of Windows XP? Pirate no longer, since operating systems and the software ecosystems surrounding them became free as in free beer. The open source software revolution caused by the networked world of open distribution of digital resources has resulted in plethora of free operating systems along with free applications to match. From Android to Ubuntu, the choice is no longer simply Windows or OSX.
3. The Cloud
The conceptual leap from local storage to online storage is not all that difficult. It all comes down to issues of bandwidth. With broadband being spurred on by the many international cables now landing on our shores, several different cables all capable of quadrupling bandwidth on their own, the technological need to ration bandwidth has effectively ended. While harddrive manufacturers are unveiling their latest terabyte flash drives, Cloud Storage has become all the rage. Users no longer need to download information to a harddrive but instead store this information online to be accessed whenever it is needed. One example of popular uses of cloud storage is streaming audio and video which avoids the hassle of downloads and local storage.
4. Crowdsourcing and Collaborative Culture.
This one is a real paradigm shift. Okay, so you got online, and you figured out how to social network, but do you know you can land a job anywhere in the world while remaining in the comfort of your home? Because the Net allows us to communicate instantaneously with any part of the globe, the possibilities for online collaboration and distance work are endless. The labour market is thus free to go wherever it is needed. One benefit is crowdsourcing for example, Mechanical Turk and Ushahidi who focus on small jobs and creating digital maps respectively. Other examples are the relocation of call-centres dues to VOIP. Practically any service imaginable can be offered in this way.
5. Post Scarcity and the Internet of Things
The rapid advances in technology caused by the Internet have fundamentally altered our economic systems. From just-in-time print-on-demand publishing in which items like printed books and posters are made, but only as orders come in, to 3D printing in which objects one would normally buy at a store are printed on your desktop instead of being made in factories, the revolution that will put China on your desktop and fundamentally alter the way things are made and distributed continues apace.
6. The End of Money
The Internet has not only changed the way we think about money, it has altered our perception of value and created a world in which the only real commodity is our attention span. Whether it is the world of micropayments, Paypal or Flattr, or just the freedom of being able to sell stuff online via Gumtree or eBay, the entire global economy has been transformed and in a relatively short period of time. Increasingly Internet users are conceiving of money as software, the result is crypocurrencies like bitcoin, alternative economic systems like time-banking, Circle of Gifts, and the Talent Exchange, and veritable host of virtual currencies.
7. The Maker Revolution
Amateur robotics and home electronics is proceeding apace as the Arduino platform inspires a host of “makers” to create DIY projects such as the popular Raspberry Pi computer. Anything that can be automated will be and this is bound to impact on human labour as the more menial tasks in society become the domain of robotics. If you can Do it Yourself, life has never been better with an Internet that caters to the DIY home enthusiast, whether it is making home solar power, building log cabins or growing your own food, someone on the Net has a solution.
The Department of Communications has announced new standards for digital television set-top boxes which will provide millions of South African households with Internet access for the first time.
The new STB decoder standard, known as SANS862:2012 announced in conjunction with the SA Bureau of Standards, provides for a “return path” functionality which will enable broadband access for households. There are not details as yet on the quality of the broadband service in terms of bandwidth, latency and contention, but expect more about this as HDTV becomes a reality for South African households.
The new revised STB decoder standard includes a USB port and will deliver similar functionality to that of cable and wifi.
Medialternatives raised the issue of Internet via Digital Terrestrial Television (DTT) back in 2008. You can read the posting here.
The new standards are bound to impact on South Africa’s domestic electronics industry, as major players jockey for position in the award of tenders.
The Democratic Alliance has criticised the new digital strategy of government subsidised decoders for being “Dead on Arrival”, since according to the party, the “decoder can be more cheaply manufactured overseas.”
DA MP Marian Shinn said in March that the demand for the set-top boxes had a limited lifespan and that local manufacturers would therefore not create long-term employment.
The opposition party has obviously not done its homework, since the new standard is a real boost for local electronics manufacturing, providing a baseline for subsidised consumers who are bound to demand further value-added technologies.
The South African Communications Forum (SACF) applauded the move, congratulating Minister Dina Pule, and this blog can only concur — at last common sense has prevailed with a triple reward — digital television is going to benefit local industry, Internet service providers will see a boost from value-added services in particular web-hosting, as the consumer benefits from an increase in Internet access options .