1- The policy is narrower than before. Previously, when Twitter would take down content when forced to do so by a court order, it would disappear globally. Now, it will only be gone in the specific country in which the court order is applicable. This is a great improvement.
2- The policy is realistic–and non-realistic policies are not better as they won’t work. The idea that Twitter can just ignore court orders everywhere is not only unrealistic, it would result in more countries to try to block Twitter completely–or make it accessible only via proxies and thus greatly restrict its power. The Internet is not a “virtual” space, and cyberspace is not a planet which can float above all jurisdictions forever. In this move, Twitter is acknowledging this fact while complying within the bare minimum framework.
3- The policy is transparent. Blocked tweets will be shown as “blocked” along with the blocking country. This is excellent! This level of transparency should be the model for all Internet companies. Companies should not remove content globally; rather they should do so in as few jurisdictions as possible with as much notice as possible. (for a negative example, check out the story of how Blogger is censoring Egyptian activist Ramy Raoof’s post on brutality by security forces in Egypt. In that case, Ramy’s content is blocked globally and the post just *disappeared* without a clear indication of the censorship).
4- The policy provides tools for free-speech advocates. Twitter will publish list of blocked tweets, along with links to the original tweet –so everyone who is not at that particular country can see what it’s about–as well as a copy of the court order or enforceable takedown notice at http://chillingeffects.org/twitter. Free-speech advocates have a transparent and powerful tool.
5- The policy is not made hard to circumvent. Twitter helpfully included instructions on how to change your country (“manually override” the country setting which is determined by IP). I don’t know about you, but does this sound like Twitter is caving? Also, obviously, Tor users and proxy users will be able to access the content fairly easily.
6- Twitter spokespeople have repeatedly said they will only block content in “In the face of a valid and applicable legal order.” This is a good standard and I don’t think any company can get around this in jurisdictions where they have physical presence; nor is it clear that they should. Of course, we all need to be watching carefully to ensure that they do so and not just cooperate with governments based on “requests.”
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