As US censorship industry collapses, the fight for free speech moves to Europe

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Last Friday, while leaders around the Western world were up in arms about J.D. Vance’s confrontational address to the Munich Security Council, the Washington Post published a good old-fashioned piece of journalism. From “U.K. orders Apple to let it spy on users’ encrypted accounts”:

Security officials in the United Kingdom have demanded that Apple create a back door allowing them to retrieve all the content any Apple user worldwide has uploaded to the cloud, people familiar with the matter told The Washington Post.…

[The] Home Secretary has served Apple with… a technical capability notice, ordering it to provide access under the sweeping U.K. Investigatory Powers Act of 2016, which authorizes law enforcement to compel assistance from companies… The law, known by critics as the Snoopers’ Charter, makes it a criminal offense to reveal that the government has even made such a demand.

This rare example of genuine bipartisan cooperation is fascinating for several reasons. Oregon’s Ron Wyden teamed up with Arizona Republican Congressman Andy Biggs to ask new Director of National Intelligence Tulsi Gabbard for help in beating back the British. While other Democrats like Michael Bennet and Mark Warner were smearing Gabbard as a Russian proxy in confirmation hearings, Wyden performed an homage to old-school liberalism and asked a few constructive questions, including a request that Gabbard recommit to her stance against government snatching of encrypted data. Weeks later, the issue is back on the table, for real.

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Once the British got their shiny new tool, they weren’t shy about using it. The Twitter Files were full of loony “IPA” dramas that underscored just how terrifying these laws can be. In one bizarre episode in August of 2021, Twitter was asked to turn over data on soccer fans to a collection of alphabet soup agencies, including the Home Office and the “Football Policing Unit.” The Football Police informed Twitter that “in the UK… using the ‘N word’ is a criminal offence — not a freedom of speech issue.”

Twitter executives scrambled to explain to football’s cyber-bobbies that many of their suspects were black themselves, and tweets like “RAHEEM STERLING IS DAT NI--A” were not, in fact, “hateful conduct.” (The idea that British police needed American executives to interpret sports slang is a horror movie in itself.) Accounts like @Itsknockzz and @Wavyboomin never knew how close they came to arrest:

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British overuse was obvious, but Twitter elected not to complain. They also kept quiet when American authorities began pushing for the same power. Though the Apple standoff aroused controversy, 50% of Americans still supported the FBI’s original stance against encryption, which seemed to embolden the Bureau. Senior officials began asking for the same virtually unlimited authority their friends in the UK (and soon after, Australia) were asserting. Donald Trump’s Attorney General, William Barr, seethed about encryption in a keynote speech at an International Cybersecurity Conference on July 23rd, 2019. The Justice Department was tiring of negotiations with tech companies on the issue, Barr said:

While we remain open to a cooperative approach, the time to achieve that may be limited. Key countries, including important allies, have been moving toward legislative and regulatory solutions. I think it is prudent to anticipate that a major incident may well occur at any time that will galvanize public opinion on these issues.

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