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The Soft Totalitarianism of the Political Class

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Reason.com - Free Minds and Free Markets

From Reason

By J.D. Tuccille 

Officials pursue an anti-liberty agenda through unofficial pressure and foreign regulators.

It’s no secret that governments around the world are chiseling away at people’s liberties. Rights advocates document a nearly two decade decline in freedom. Civil liberties activists warn of a worldwide free speech recession. And while American restrictions on government power hold the line better than pale equivalents elsewhere, the political class seems determined to end-run those protections and impose creeping totalitarianism by leveraging the authority of allies in other countries.

“Obrigado Brasil!” Keith Ellison, Minnesota’s attorney general, wrote this week to thank that country’s authoritarian Supreme Court for its recent ban on the X social media platform.

The court demanded X censor political views it called “disinformation” and appoint a new legal representative to receive court orders—after threatening the previous one with arrest. Importantly, the ban threatens ordinary Brazilians with hefty fines if they evade the prohibition on the social media network. Nevertheless, demand for blockade-piercing VPNs surged in Brazil after the court decision.

Ellison serves alongside Minnesota’s Gov. Tim Walz, who is the Democratic candidate for vice president and has falsely claimed “there’s no guarantee to free speech on misinformation or hate speech.” He’s also not the only prominent politician to have a real hate-on for X and its CEO, Elon Musk.

“Regulators around the world should threaten Musk with arrest if he doesn’t stop disseminating lies and hate on X,” Robert Reich, Labor Secretary in the Clinton administration and one-time adviser to President Barack Obama, huffed in The Guardian. He cited the recent arrest in France of Telegram CEO Pavel Durov as a precedent. “Like Musk, Durov has styled himself as a free speech absolutist,” Reich sniffed.

But the animus doesn’t stop with X, Telegram, and their bosses.

“For too long, tech platforms have amplified disinformation and extremism with no accountability,” former presidential candidate Hillary Clinton claimed in 2022. “The EU is poised to do something about it. I urge our transatlantic allies to push the Digital Services Act across the finish line and bolster global democracy before it’s too late.”

Leveraging Foreign Authoritarianism for Domestic Purposes

Why would a former U.S. presidential candidate cheerlead for European speech regulations?

“The Digital Services Act will essentially oblige Big Tech to act as a privatized censor on behalf of governments,” Jacob Mchangama, founder of the Danish think tank Justitia and executive director of The Future of Free Speech, warned in 2022. “The European policies do not apply in the U.S., but given the size of the European market and the risk of legal liability, it will be tempting and financially wise for U.S.-based tech companies to skew their global content moderation policies even more toward a European approach to protect their bottom lines and streamline their global standards.”

Now in effect, the law is used to squeeze online speech, including as an end-run around U.S. protections for expression. It’s not the only overseas bypass of U.S. law, either.

Federal Trade Commission Chair Lina “Khan can’t get Congress to pass her antitrust agenda and is losing in U.S. courts, so now she’s leaning on foreign governments to do the anti-business work for her,” The Wall Street Journal editorial board noted last year about Khan’s reliance on European regulators.

Behind-the-Scenes Pressure for Censorship

But attempts to impose control and stifle dissent in the absence of legal authorization or in defiance of constitutional protections also occur here at home. Days after Telegram CEO Durov’s arrest in Paris, Meta CEO Mark Zuckerberg confirmed what had already been revealed by the Twitter and Facebook files—that the government leaned on private companies to suppress dissent and criticism of officialdom.

“Senior officials from the Biden administration, including the White House, repeatedly pressured our teams for months to censor certain COVID-19 content, including humor and satire,” Zuckerberg told the House Judiciary Committee. He also admitted to suppressing reports about Hunter Biden’s laptop and its incriminating contents under pressure from the FBI.

That implicates not only incumbent President Joe Biden, but also Vice President Kamala Harris, the Democratic candidate for president. Harris has complained in the past that social media companies are “speaking to millions and millions of people without any level of oversight or regulation.”

Oversight, it seems, is now applied through back-channel pressure, and regulation by governments in countries that lack serious protections for free speech. The result is to endanger the role of the United States as a haven for free speech and other liberties in a world growing ever-more authoritarian.

The Political Class Embraces an Increasingly Authoritarian World

“Global freedom declined for the 18th consecutive year in 2023. The breadth and depth of the deterioration were extensive,” Freedom House cautioned in its 2024 annual report. “Political rights and civil liberties were diminished in 52 countries, while only 21 countries made improvements.”

“Today, we are witnessing the dawn of a free-speech recession,” Justitia’s Mchangama mourned two years ago. “Liberal democracies, rather than constituting a counterweight to the authoritarian onslaught, are themselves contributing to the free-speech recession.”

This erosion of protections for free speech and other rights occurs with the encouragement of American officials who want more control over our lives but have been (partly) stymied by American protections for liberty. In a world of global platforms and international travel, these officials are applying extra-legal pressure and relying on overseas friends to punish people for activities that are legal in the U.S.

Readers will notice that most if not all these officials are Democrats. Much ink has been spilled in recent years—rightly—about the authoritarian drift of the Republican Party. GOP vice presidential hopeful J.D. Vance wants to punish ideological opponents and advocates that his allies “seize the administrative state for our own purposes” and that they “seize the assets of the Ford Foundation, tax their assets, and give it to the people who’ve had their lives destroyed by the radical open borders agenda.”

But as illiberalism rises across the political spectrum, Democrats are leapfrogging authoritarianism to embrace a soft totalitarianism enforced by unofficial pressure and foreign allies subject to minimal restraints on their power. They ignore legal constraints and display contempt for this country’s protections for liberty in their quest to leave no refuge for dissent.

If liberty has a future in this country, it will be despite the best efforts of the political class.

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Pornhub hit with lawsuit over videos victimizing 12-year-old who was drugged and raped

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From LifeSiteNews

By Doug Mainwaring

There is a backlog of about five months between when a user reports a video and an authorized team leader reviews it to determine whether to remove it, allowing the video to remain available on the Pornhub site for download and redistribution for nearly a half year after the complaint was first reviewed.

A man who as a 12-year-old boy was drugged and raped in nearly two dozen videos that were uploaded to Pornhub by his victimizer for monetary gain is suing the massive online pornography leviathan for breaking child sex trafficking and RICO laws.

According to the world’s leading anti-porn activist Laila Mickelwait, “His jury trial could put Pornhub out of business.”

In recent years, scandal-plagued Pornhub — and its shadowy parent company, Mindgeek, which recently changed its name to “Aylo” to escape its “scandal-ridden smut empire” reputation — has come under fire for posting child sexual exploitation material, sexual trafficking, and assault videos and then ignoring victim’s pleas to remove the videos from their website.

The predator who admitted that in the summer of 2018 he used, induced, and enticed the young boy and another minor to engage in sexually explicit conduct for the purpose of producing video pornography is now behind bars serving a 40-year sentence for “sexual exploitation of a child, advertising child pornography, and distribution of child pornography.”

However, Mindgeek and Pornhub have yet to face their young accuser for enabling the public distribution of the videos.

According to the lawsuit, videos of the boy’s molestation “astonishingly” generated nearly 200,000 video views, and as a result of Mindgeek’s actions and/or inactions, the now-young man “has suffered incomprehensible past and present physical, emotional, and mental trauma.”

“MindGeek knows that there is a demand for CSAM (Child Sexual Abuse Material) on their sites and they cater to this demand,” according to the 78-page legal complaint filed in a U.S. District Court in Alabama where the sexual exploitation of the minors took place.

Hundreds of thousands of ‘teen’ sex video titles available

The case asserts that Mindgeek has historically sought to maximize profit, aggressively promoting child porn via titles and video descriptions that would more easily direct Google users to the exploitative videos featured on Pornhub.

“One such tag MindGeek used to classify pornographic content on its websites was ‘Teen.’ The suggested terms include ‘abused teen,’ ‘crying teen,’ ‘extra small petite teen,’ and ‘Middle School Girls,’” the legal complaint explains.

“In 2018, the word ‘teen’ was the seventh most searched term on all of Pornhub,” the complaint notes. “Other eponymous search terms, including ‘rape,’ ‘preteen,’ ‘pedophilia,’ ‘underage rape,’ and ‘extra small teens’ would call up videos depicting the same.”

The proliferation of these keywords and tags on the website ensures that when outside users Google these terms, Pornhub, or another MindGeek website, will be among the top results. This draws new users, even those searching the internet for illegal content, to MindGeek websites.

MindGeek’s aggressive data collection and traffic analytics mean that MindGeek knows exactly what users are looking for (and what exists) on their sites and that this includes sex trafficking material and CSAM.

For example, as The New York Times recently reported, as of December 4, 2020, a search for “girl under18” led to more than 100,000 videos. And a search for “14yo” led to more than 100,000 videos and “13yo” led to approximately 155,000 videos.  MindGeek sought to capitalize on such traffic by allowing illegal search terms, creating suggested search terms, keywords, and tags

Purposefully failing to censor criminal child/teen porn videos

The case notes that while Mindgeek-Pornhub does have online moderators who review complaints about videos on the site, the 10 moderators “have no prior training, medical or otherwise, to identify whether someone depicted in a pornographic video is a child” and are, by design, set up to fail at their task.

The ten individuals on the “moderation/formatting team” were each tasked by MindGeek to review approximately 800-900 pornographic videos per 8-hour shift, or about 100 videos per hour. According to Pornhub, there are approximately 18,000 videos uploaded daily, with an average length of approximately 11 minutes per video. Hence, each moderator is tasked with reviewing approximately 1,100 minutes of video each hour. This is an impossible task, and MindGeek knows that.

To compensate for and accomplish the impossible task, moderators/formatters fast-forward and skip through videos, often with the sound turned down. The problem is not resources: MindGeek’s annual revenues are at least $500 million, and it could certainly hire and train more true moderators.

One of the most disturbing assertions in the case is that “When minor victims of sex trafficking and their representatives have contacted MindGeek to remove videos of them from its websites, MindGeek has refused to do so.”

In some cases, MindGeek moderators/formatters even looked at video comments, deleted those noting a video constituted child pornography or otherwise should be removed from the system, and left the video up.

The MindGeek moderators/formatters are discouraged from removing illegal content for particularly profitable users. Generally, when an uploader has a history of highly viewed content, the employees are only permitted to send warning letters about illegal or inappropriate content.

There is a backlog of about five months between when a user reports a video and an authorized team leader reviews it to determine whether to remove it, allowing the video to remain available on the Pornhub site for download and redistribution for nearly a half year after the complaint was first reviewed.

The videos that the boy’s victimizer uploaded to Pornhub bore “disturbing titles that clearly suggested the child depicted was a minor, including but not limited to: ‘(Had sex with) my Step Nephew’; ‘Taking Teen Virginity’; ‘My sweet little nephew.’ The other 20 video titles are too crude and obscene for LifeSiteNews to cite.

Despite those titles and the content of the videos, Mindgeek “never informed the authorities about the identity of the child sexual predator, the fact he posed child sexual violence, or the fact that child sexual violence was being utilized on their platforms for profit to their mutual benefit.”

At no time did the MindGeek Defendants attempt to verify CV1’s identity or age, inquire about their status as minor children, victims of sex trafficking, or otherwise use their platform to root out the trafficking of their images. Instead, the MindGeek Defendants continued to disseminate these images around the world for profit even after law enforcement informed the MindGeek Defendants the images contained child pornography.

‘Pornhub would rather stop doing business than prevent kids from watching porn’ 

Pornhub has now ceased operations in 12 states that have begun to require age verification in order to enter the porn sites: Texas, Utah, Arkansas, Virginia, Montana, North Carolina, Mississippi, Kentucky, Indiana, Idaho, Kansas, and Nebraska.

“The world’s biggest porn site would rather stop doing business than prevent kids from watching,” conservative commentator and author Michael Knowles noted earlier this year. “Quite telling!”

“Pornhub has decided that age verification laws damage their business model to such an extent that it is better for them to simply block entire states rather than comply with (age verification laws),” LifeSiteNews columnist Jonathon Van Maren wrote in January.

Despite the legal troubles, Pornhub racked up a total of 5.49 billion visits globally in May, and with over 1.1 billion visits in the U.S. was ranked 10th nationally for online traffic. It’s not unusual for the website to reach over 10 billion total global monthly visits.

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Brownstone Institute

The Foreboding UN Convention on Cybercrime

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From the Brownstone Institute

By Cecilie Jilkova Cecilie Jilkova 

The UN committee approved the text of the Convention on Combating Cybercrime. Human rights organizations and information technology experts have called it a threat to democracy and the free world.

“One of the world’s most dangerous surveillance treaties was approved with a standing ovation,” wrote Austrian digital rights group Epicenter Works.

The UN General Assembly is now due to vote on the adoption of the Convention in September.

“It can be assumed that the treaty will be accepted without difficulty at the UN General Assembly in September, and will thus be officially considered a UN convention. After that, it will be available for signature and subsequently it can be ratified,” said political advisor Tanja Fachathalerová. “It can be assumed that it will not be a big problem to achieve the necessary forty ratifications, which are necessary for the treaty to enter into force.”

Legitimization of Repression against Journalists and Opponents

The proposed international treaty aims to combat cybercrime and improve international cooperation between law enforcement agencies. However, more than a hundred human and civil rights organizations around the world have warned of a serious threat to human rights and criticized the fact that the text of the treaty lacks adequate safeguards. According to them, the planned agreement would oblige UN member states to introduce comprehensive measures for the supervision of a wide range of crimes.

“The contract is really a surveillance agreement with too few provisions on data protection and human rights. In practice, it legitimizes the more repressive measures against political opponents or journalists that we now see in authoritarian states,” writes the netzpolitik.org server.

China and Russia Stood at the Beginning of the Convention

It all started with a UN resolution initiated in 2019 by Russia, China, and other countries (such as Iran, Egypt, Sudan, and Uzbekistan) with 88 votes in favor, 58 against, and 34 abstentions.

European states have proposed changes, but according to experts, the resulting compromise does not even meet the conditions necessary to preserve privacy and protect human rights.

Stay Informed with Brownstone Institute

“Unfortunately, a data access treaty has been drawn up that will allow governments around the world to exchange citizens’ personal information in perpetual secrecy in the event of any crime the two governments agree is ‘serious.’ This would include eavesdropping on location and real-time communications around the world, and force IT workers to divulge passwords or other access keys that would compromise the security of global systems that billions of people rely on every day. And it’s not just private sector systems – government systems are also at risk,” said Nick Ashton-Hart, Digital Economy Policy Director at APCO, who is also leading the Cybersecurity Tech Accord delegation to the Convention negotiations.

The Threat of Criminal Prosecution of Journalists and White Hackers

The Ashton-Hart treaty also puts journalists and whistleblowers at risk of prosecution. The International Press Institute was so concerned about this risk that it placed a full-page ad in the Washington Post. Independent security experts around the world also warned in February that they could face criminal prosecution for their work protecting IT systems from cybercriminals under the draft Convention.

Governments Could Prosecute Children for Sexting

“Incredibly, the text expressly allows governments to prosecute children for “sexting” in the same article (14) that is supposed to protect them from sexual predators. The article also puts people working in charities who help bring predators to justice at risk of prosecution because they need access to material created by predators as part of their work. Civil society advocates have repeatedly pointed out this obvious deficiency, but to no avail,” Ashton-Hart said.

Concerns about Freedom of Expression

According to experts, companies that operate internationally will also be exposed to increased legal and reputational risk after the arrest of employees. The private data of individuals and vulnerable communities can be accessed by law enforcement agencies around the world, even in cases where the perpetrators’ actions are not criminal in their place of residence or in cases that raise significant concerns about freedom of expression.

Cooperation between authorities and states can be kept secret without transparency about how governments use the treaty, or without provisions that allow companies to challenge law enforcement requests, even if they are illegal.

Criticizing Leaders as a Crime?

“Facilitating collusion in any ‘serious’ crime opens the door to ‘crimes’ such as criticizing leaders or persecuting minorities,” writes Ashton-Hart in his analysis.

On August 13, the International Chamber of Commerce, the world’s largest and most representative representative of the private sector, openly called on the UN not to adopt the convention at the General Assembly in September.

“If governments fail again to protect the international human rights legal framework they so often vociferously support, then new, dangerous norms created in international law will haunt us for decades to come,” Ashton-Hart said.

Republished from the author’s Substack

Author

  • Cecilie Jilkova

    Cecílie Jílková is a Czech writer. After her first novel, Cesta na Drromm (2010), feuilletons for Lidové noviny, articles for the medical magazine Sanquis and scripts for the TV series Kriminálka Anděl, she has devoted the next ten years mainly to the topic of healthy eating and has published four books on the subject. She currently publishes on the platform Substack and her latest project is the TV V.O.X. series Digital (R)evolution. Cecílie lives in Prague.

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