August 14, 2007
More silence than sympathy
While almost everyone in the Iranian blogosphere and also the Iran-based or foreign-based Persian media outlets are dead silent on this unprecedented violation of free speech among Iranian blogs, some principled individuals have expressed concern in their English language blogs:
Whatever personal or political differences people have with Hossein, it's the responsibility of those of us who blog in English to expose the repressive and underhanded tactics of Iranians like Khalaji and the right-wing institutions for which they work. The same people and institutions that thrust themselves to the frontlines of debates about "democracy in Iran" and "freedom of expression" are quick to mobilize their financial resources and connections to muzzle the voice of one person who uses his blog to uncover just a few cogs in the wheels of what seems like a veritable anti-Iran industry. [...] Hossein Derakhshan is not a threat to Khalaji or the Washington Institute because of the content of what he said. What he has written about places like the Washington Institute and the National Endowment for Democracy is based on information that is widely and publicly available, often from the websites of these institutions themselves. Hossein's grave sin is that he wrote this material in Persian , and this is the real danger he poses for the Khalajis and their employers.
The blocking of websites by national filtering systems make content unavailable to those in such countries, but the deletion of content makes it unavailable to all. The blog of my friend Hossein was recently shutdown due to legal threats, making it unavailable to all while it was previously only censored in Iran. Threatening ISP’s with “take down” requests is one of the most undocumented methods of censoring Internet content. Some sites, such as ChillingEffects document this to some degree but most cases occur in silence. Since much of it is related to copyright violations or terrorism few are paying close attention. Libel and defamation cases are more notable especially the cases in Malaysia and Singapore.
The following assessment by Host Matters is scary. It creates the unfortunate precedent of allowing large media figures to shut down speech by apparently harassing a web host for a week. Moreover, Hosting Matters is most likely immune from liability even if Hossein committed defamation. Section 230 of the Communications Decency Act (CDA) says that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” This federal law preempts any state laws to the contrary: “[n]o cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.” [..]
Underlying these legal arguments, however, is the plain fact that Hosting Matters’ actions are disturbing. Shutting down a blog and seeking to control its contents, even though it is legally permissible, is not an action ANY service provider should be committing. Its enough that all bloggers and activists take notice and petition against their action.
Posted by hoder at August 14, 2007 11:57 PM| TrackBack