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Court slams German spies’ foreign internet surveillance

The foreign intelligence service violated the constitution by spying on internet data from foreigners abroad, Germany's top court ruled Tuesday in a victory for overseas journalists who brought the case.

The BND agency's surveillance violates “the fundamental right to privacy of telecommunications” and freedom of the press, judges at the Constitutional Court in Karlsruhe said in their verdict.

But given the “great importance” of foreign surveillance to German security, the court gave the BND until the end of 2021 to change its practices to comply with the law.

The ruling marked the first time theĀ  Constitutional Court clearly stated that the BND must respect fundamental rights accorded by the constitution even when operating abroad.

German intelligence services are already not allowed to monitor the internet traffic of Germans in such a vast way.

The case was brought by journalists and civil society groups who were outraged after the BND was granted sweeping new powers to carry out “strategic telecommunications surveillance” under amended legislation in 2016.

This allowed the BND to tap into internet traffic from non-Germans abroad, often through monitoring the use of keywords, phone numbers or email addresses, and to share this information with other secret services.

One of the plaintiffs, Reporters Without Borders, argued that this allowed the agency to spy on journalists “almost without restrictions”.

“The big victory is that German authorities cannot get out of their constitutional obligations by going abroad and working there,” said Nora Markard from the GFF Society for Civil Rights, another of the co-plaintiffs.

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COURT

French court orders Twitter to reveal anti-hate speech efforts

A French court has ordered Twitter to give activists full access to all its documents relating to efforts to combat racism, sexism and other forms of hate speech on the social network.

French court orders Twitter to reveal anti-hate speech efforts
Photo: Alastair Pike | AFP

Six anti-discrimination groups had taken Twitter to court in France last year, accusing the US social media giant of “long-term and persistent” failures in blocking hateful comments from the site.

The Paris court ordered Twitter to grant the campaign groups full access to all documents relating to the company’s efforts to combat hate speech since May 2020. The ruling applies to Twitter’s global operation, not just France.

Twitter must hand over “all administrative, contractual, technical or commercial documents” detailing the resources it has assigned to fighting homophobic, racist and sexist discourse on the site, as well as “condoning crimes against humanity”.

The San Francisco-based company was given two months to comply with the ruling, which also said it must reveal how many moderators it employs in France to examine posts flagged as hateful, and data on the posts they process.

The ruling was welcomed by the Union of French Jewish Students (UEJF), one of the groups that had taken the social media giant to court.

“Twitter will finally have to take responsibility, stop equivocating and put ethics before profit and international expansion,” the UEJF said in a statement on its website.

Twitter’s hateful conduct policy bans users from promoting violence, or threatening or attacking people based on their race, religion, gender identity or disability, among other forms of discrimination.

Like other social media businesses it allows users to report posts they believe are hateful, and employs moderators to vet the content.

But anti-discrimination groups have long complained that holes in the policy allow hateful comments to stay online in many cases.

French prosecutors on Tuesday said they have opened an investigation into a wave of racist comments posted on Twitter aimed at members of the country’s national football team.

The comments, notably targeting Paris Saint-Germain star Kylian Mbappe, were posted after France was eliminated from the Euro 2020 tournament last week.

France has also been having a wider public debate over how to balance the right to free speech with preventing hate speech, in the wake of the controversial case of a teenager known as Mila.

The 18-year-old sparked a furore last year when her videos, criticising Islam in vulgar terms, went viral on social media.

Thirteen people are on trial accused of subjecting her to such vicious harassment that she was forced to leave school and was placed under police protection.

While President Emmanuel Macron is among those who have defended her right to blaspheme, left-wing critics say her original remarks amounted to hate speech against Muslims.

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