This is part one of an ongoing series. 

Government involvement in content moderation raises serious human rights concerns in every context. Since October 7, social media platforms have been challenged for the unjustified takedowns of pro-Palestinian content—sometimes at the request of the Israeli government—and a simultaneous failure to remove hate speech towards Palestinians. More specifically, social media platforms have worked with the Israeli Cyber Unit—a government office set up to issue takedown requests to platforms—to remove content considered as incitement to violence and terrorism, as well as any promotion of groups widely designated as terrorists. 

Many of these relationships predate the current conflict, but have proliferated in the period since. Between October 7 and November 14, a total of 9,500 takedown requests were sent from the Israeli authorities to social media platforms, of which 60 percent went to Meta with a reported 94% compliance rate. 

This is not new. The Cyber Unit has long boasted that its takedown requests result in high compliance rates of up to 90 percent across all social media platforms. They have unfairly targeted Palestinian rights activists, news organizations, and civil society; one such incident prompted Meta’s Oversight Board to recommend that the company “Formalize a transparent process on how it receives and responds to all government requests for content removal, and ensure that they are included in transparency reporting.”

When a platform edits its content at the behest of government agencies, it can leave the platform inherently biased in favor of that government’s favored positions. That cooperation gives government agencies outsized influence over content moderation systems for their own political goals—to control public dialogue, suppress dissent, silence political opponents, or blunt social movements. And once such systems are established, it is easy for the government to use the systems to coerce and pressure platforms to moderate speech they may not otherwise have chosen to moderate.

Alongside government takedown requests, free expression in Gaza has been further restricted by platforms unjustly removing pro-Palestinian content and accounts—interfering with the dissemination of news and silencing voices expressing concern for Palestinians. At the same time, X has been criticized for failing to remove hate speech and has disabled features that allow users to report certain types of misinformation. TikTok has implemented lackluster strategies to monitor the nature of content on their services. Meta has admitted to suppressing certain comments containing the Palestinian flag in certain “offensive contexts” that violate its rules.

To combat these consequential harms to free expression in Gaza, EFF urges platforms to follow the Santa Clara Principles on Transparency and Accountability in Content Moderation and undertake the following actions:

1. Bring in local and regional stakeholders into the policymaking process to provide a greater cultural competence—knowledge and understanding of local language, culture and contexts—throughout the content moderation system.
2. Urgently recognize the particular risks to users’ rights that result from state involvement in content moderation processes.
3. Ensure that state actors do not exploit or manipulate companies’ content moderation systems to censor dissenters, political opponents, social movements, or any person.
4. Notify users when, how, and why their content has been actioned, and give them the opportunity to appeal.

Everyone Must Have a Seat at the Table

Given the significant evidence of ongoing human rights violations against Palestinians, both before and since October 7, U.S. tech companies have significant ethical obligations to verify to themselves, their employees, the American public, and Palestinians themselves that they are not directly contributing to these abuses. Palestinians must have a seat at the table, just as Israelis do, when it comes to moderating speech in the region, most importantly their own. Anything less than this risks contributing to a form of digital apartheid.

An Ongoing Issue

This isn’t the first time EFF has raised concerns about censorship in Palestine, including in multiple international forums. Most recently, we wrote to the UN Special Rapporteur on Freedom of Expression expressing concern about the disproportionate impact of platform restrictions on expression by governments and companies. In May, we submitted comments to the Oversight Board urging that moderation decisions of the rallying cry “From the river to the sea” must be made on an individualized basis rather than through a blanket ban. Along with international and regional allies, EFF also asked Meta to overhaul its content moderation practices and policies that restrict content about Palestine, and have issued a set of recommendations for the company to implement. 

And back in April 2023, EFF and ECNL submitted comments to the Oversight Board addressing the over-moderation of the word ‘shaheed’ and other Arabic-language content by Meta, particularly through the use of automated content moderation tools. In their response, the Oversight Board found that Meta’s approach disproportionately restricts free expression, is unnecessary, and that the company should end the blanket ban to remove all content using the “shaheed”.

The internet provides people space to build communities, shed light on injustices, and acquire vital knowledge that might not otherwise be available. And for LGBTQ+ individuals, digital spaces enable people that are not yet out to engage with their gender and sexual orientation.

In the age of so much passive surveillance, it can feel daunting if not impossible to strike any kind of privacy online. We can’t blame you for feeling this way, but there’s plenty you can do to keep your information private and secure online. What’s most important is that you think through the specific risks you face and take the right steps to protect against them. 

The first step is to create a security plan. Following that, consider some of the recommended advice below and see which steps fit best for your specific needs:  

• Use multiple browsers for different use cases. Compartmentalization of sensitive data is key. Since many websites are finicky about the type of browser you’re using, it’s normal to have multiple browsers installed on one device. Designate one for more sensitive activities and configure the settings to have higher privacy.
• Use a VPN to bypass local censorship, defeat local surveillance, and connect your devices securely to the network of an organization on the other side of the internet. This is extra helpful for accessing pro-LGBTQ+ content from locations that ban access to this material.
• If your cell phone allows it, hide sensitive apps away from the home screen. Although these apps will still be available on your phone, this hides them into a special folder so that prying eyes are less likely to find them.
• Separate your digital identities to mitigate the risk of doxxing, as the personal information exposed about you is often found in public places like “people search” sites and social media.
• Create a security plan for incidents of harassment and threats of violence. Especially if you are a community organizer, activist, or prominent online advocate, you face an increased risk of targeted harassment. Developing a plan of action in these cases is best done well before the threats become credible. It doesn’t have to be perfect; the point is to refer to something you were able to think up clear-headed when not facing a crisis. 
• Create a plan for backing up images and videos to avoid losing this content in places where governments slow down, disrupt, or shut down the internet, especially during LGBTQ+ events when network disruptions inhibit quick information sharing.
• Use two-factor authentication where available to make your online accounts more secure by adding a requirement for additional proof (“factors”) alongside a strong password.
• Obscure people’s faces when posting pictures of protests online (like using tools such as Signal’s in-app camera blur feature) to protect their right to privacy and anonymity, particularly during LGBTQ+ events where this might mean staying alive.
• Harden security settings in Zoom for large video calls and events, such as enabling security settings and creating a process to remove opportunistic or homophobic people disrupting the call. 
• Explore protections on your social media accounts, such as switching to private mode, limiting comments, or using tools like blocking users and reporting posts. 

For more information on these topics, visit the following:

• Tips for activism, protesting, and online organizing: https://ssd.eff.org/playlist/activist-or-protester 
• Tips for LGBTQ+ youth: https://ssd.eff.org/playlist/lgbtq-youth 
• Protecting yourself on social media: https://ssd.eff.org/module/protecting-yourself-social-networks
• Check out our post on Identifying Visible (and Invisible) Surveillance at Protests
• Access Now’s guide on Self-Doxxing
• Feminist Frequency’s guide on Digital Safety: Speak Up and Stay Safe(r)

The end of June concluded LGBTQ+ Pride month, yet the risks LGBTQ+ people face persist every month of the year. This year, LGBTQ+ Pride took place at a time of anti-LGBTQ+ violence, harassment and vandalism and back in May, US officials had warned that LGBTQ+ events around the world might be targeted during Pride Month. Unfortunately, that risk is likely to continue for some time. So too will activist actions, community organizing events, and other happenings related to LGBTQ+ liberation. 

We know it feels overwhelming to think about how to keep yourself safe, so here are some quick and easy steps you can take to protect yourself at in-person events, as well as to protect your data—everything from your private messages with friends to your pictures and browsing history.

There is no one-size-fits-all security solution to protect against everything, and it’s important to ask yourself questions about the specific risks you face, balancing their likelihood of occurrence with the impact if they do come about. In some cases, the privacy risks brought about by technologies may actually be worth risking for the convenience that they offer. For example, is it more of a risk to you that phone towers are able to identify your cell phone’s device ID, or that you have your phone turned on and handy to contact others in the event of danger? Carefully thinking through these types of questions is the first step in keeping yourself safe. Here’s an easy guide on how to do just that.

Tips For In-Person Events And Protests

For your devices:

• Enable full disk encryption for your device to ensure all files across your entire device cannot be accessed if taken by law enforcement or others.
• Install an encrypted messenger app such as Signal (for iOS or Android) to guarantee that only you and your chosen recipient can see and access your communications. Turn on disappearing messages, and consider shortening the amount of time messages are kept in the app when you are actually attending an event. If instead you have a burner device with you, be sure to save the numbers for emergency contacts.
• Remove biometric device unlock like fingerprint or FaceID to prevent police officers from physically forcing you to unlock your device with your fingerprint or face. You can password-protect your phone instead.
• Log out of accounts and uninstall apps or disable app notifications to avoid app activity in precarious legal contexts from being used against you, such as using gay dating apps in places where homosexuality is illegal. 
• Turn off location services on your devices to avoid your location history from being used to identify your device’s comings and goings. For further protections, you can disable GPS, Bluetooth, Wi-Fi, and phone signals when planning to attend a protest.

For you:

• Wearing a mask during a protest is advisable, particularly as gathering in large crowds increases the risk of law enforcement deploying violent tactics like tear gas, as well as increasing the possibility of being targeted through face recognition technology. 
• Tell friends or family when you plan to attend and leave an event so that they can follow up to make sure you are safe if there are arrests, harassment, or violence. 
• Cover your tattoos to reduce the possibility of image recognition technologies like facial recognition, iris recognition and tattoo recognition identifying you.
• Wearing the same clothing as everyone in your group can help hide your identity during the protest and keep you from being identified and tracked afterwards. Dressing in dark and monochrome colors will help you blend into a crowd.
• Say nothing except to assert your rights if you are arrested. Without a warrant, law enforcement cannot compel you to unlock your devices or answer questions, beyond basic identification in some jurisdictions. Refuse consent to a search of your devices, bags, vehicles, or home, and wait until you have a lawyer before speaking.

Given the increase in targeted harassment and vandalism towards LGBTQ+ people, it’s especially important to consider counterprotesters showing up at various events. Since the boundaries between parade and protest might be blurred, you must take precautions. Our general guide for attending a protest covers the basics for protecting your smartphone and laptop, as well as providing guidance on how to communicate and share information responsibly. We also have a handy printable version available here.

LGBTQ+ Pride is about recognition of our differences and claiming honor in our presence in public spaces. Because of this, it’s an odd thing to have to take careful privacy precautions to keep yourself safe during Pride events. Consider it like you would any aspect of bodily autonomy and self determination—only you get to decide what aspects of yourself you share with others. You get to decide how you present to the world and what things you keep private. With a bit of care, you can maintain privacy, safety, and pride in doing so.

As part of the Oversight Board’s consultation on the moderation of social media posts that include reference to the phrase “From the river to the sea, Palestine will be free,” EFF recently submitted comments highlighting that moderation decisions must be made on an individualized basis because the phrase has a significant historical usage that is not hateful or otherwise in violation of Meta’s community standards.

“From the river to the sea, Palestine will be free” is a historical political phrase or slogan referring geographically to the area between the Jordan River and the Mediterranean Sea, an area that includes Israel, the West Bank, and Gaza. Today, the meaning of the slogan for many continues to be one of freedom, liberation, and solidarity against the fragmentation of Palestinians over the land which the Israeli state currently exercises its sovereignty—from Gaza, to the West Bank, and within the Israeli state.

But for others, the phrase is contentious and constitutes support for extremism and terrorism. Hamas—a group that is a designated terrorist organization by governments such as the United States and the European Union—adopted the phrase in its 2017 charter, leading to the claim that the phrase is solely a call for the extermination of Israel. And since Hamas’ deadly attack on Israel on October 7th 2023, opponents have argued that the phrase is a hateful form of expression targeted at Jews in the West.

But international courts have recognized that despite its co-optation by Hamas, the phrase continues to be used by many as a rallying call for liberation and freedom that is explicit both in its meaning on a physical and symbolic level. The censorship of such a phrase due to a perceived “hidden meaning” of inciting hatred and extremism constitutes an infringement on free speech in those situations.

Meta has a responsibility to uphold the free expression of people using the phrase in its protected sense, especially when those speakers are otherwise persecuted and marginalized. 

Read our full submission here. 

Following an urgent appeal filed to the United Nations Working Group on Arbitrary Detention (UNWGAD) on behalf of blogger and activist Alaa Abd El Fattah, EFF has joined 26 free expression and human rights organizations calling for immediate action.

The appeal to the UNWGAD was initially filed in November 2023 just weeks after Alaa’s tenth birthday in prison. The British-Egyptian citizen is one of the most high-profile prisoners in Egypt and has spent much of the past decade behind bars for his pro-democracy writing and activism following Egypt’s revolution in 2011.

EFF and Media Legal Defence Initiative submitted a similar petition to the UNGWAD on behalf of Alaa in 2014. This led to the Working Group issuing an opinion that Alaa’s detention was arbitrary and called for his release. In 2016, the UNWGAD declared Alaa's detention (and the law under which he was arrested) a violation of international law, and again called for his release.

We once again urge the UN Working Group to urgently consider the recent petition and conclude that Alaa’s detention is arbitrary and contrary to international law. We also call for the Working Group to find that the appropriate remedy is a recommendation for Alaa’s immediate release.

Read our full letter to the UNWGAD and follow Free Alaa for campaign updates.

In keeping with law enforcement’s grand tradition of taking antiquated, invasive, and oppressive technologies, making them digital, and then calling it innovation, police in the U.S. recently combined two existing dystopian technologies in a brand new way to violate civil liberties. A police force in California recently employed the new practice of taking a DNA sample from a crime scene, running this through a service provided by US company Parabon NanoLabs that guesses what the perpetrators face looked like, and plugging this rendered image into face recognition software to build a suspect list.

Parts of this process aren't entirely new. On more than one occasion, police forces have been found to have fed images of celebrities into face recognition software to generate suspect lists. In one case from 2017, the New York Police Department decided its suspect looked like Woody Harrelson and ran the actor’s image through the software to generate hits. Further, software provided by US company Vigilant Solutions enables law enforcement to create “a proxy image from a sketch artist or artist rendering” to enhance images of potential suspects so that face recognition software can match these more accurately.

Since 2014, law enforcement have also sought the assistance of Parabon NanoLabs—a company that alleges it can create an image of the suspect’s face from their DNA. Parabon NanoLabs claim to have built this system by training machine learning models on the DNA data of thousands of volunteers with 3D scans of their faces. It is currently the only company offering phenotyping and only in concert with a forensic genetic genealogy investigation. The process is yet to be independently audited, and scientists have affirmed that predicting face shapes—particularly from DNA samples—is not possible. But this has not stopped law enforcement officers from seeking to use it, or from running these fabricated images through face recognition software.

Simply put: police are using DNA to create a hypothetical and not at all accurate face, then using that face as a clue on which to base investigations into crimes. Not only is this full dice-roll policing, it also threatens the rights, freedom, or even the life of whoever is unlucky enough to look a little bit like that artificial face.

But it gets worse.

In 2020, a detective from the East Bay Regional Park District Police Department in California asked to have a rendered image from Parabon NanoLabs run through face recognition software. This 3D rendering, called a Snapshot Phenotype Report, predicted that—among other attributes—the suspect was male, had brown eyes, and fair skin. Found in police records published by Distributed Denial of Secrets, this appears to be the first reporting of a detective running an algorithmically-generated rendering based on crime-scene DNA through face recognition software. This puts a second layer of speculation between the actual face of the suspect and the product the police are using to guide investigations and make arrests. Not only is the artificial face a guess, now face recognition (a technology known to misidentify people)  will create a “most likely match” for that face.

These technologies, and their reckless use by police forces, are an inherent threat to our individual privacy, free expression, information security, and social justice. Face recognition tech alone has an egregious history of misidentifying people of color, especially Black women, as well as failing to correctly identify trans and nonbinary people. The algorithms are not always reliable, and even if the technology somehow had 100% accuracy, it would still be an unacceptable tool of invasive surveillance capable of identifying and tracking people on a massive scale. Combining this with fabricated 3D renderings from crime-scene DNA exponentially increases the likelihood of false arrests, and exacerbates existing harms on communities that are already disproportionately over-surveilled by face recognition technology and discriminatory policing. 

There are no federal rules that prohibit police forces from undertaking these actions. And despite the detective’s request violating Parabon NanoLabs’ terms of service, there is seemingly no way to ensure compliance. Pulling together criteria like skin tone, hair color, and gender does not give an accurate face of a suspect, and deploying these untested algorithms without any oversight places people at risk of being a suspect for a crime they didn’t commit. In one case from Canada, Edmonton Police Service issued an apology over its failure to balance the harms to the Black community with the potential investigative value after using Parabon’s DNA phenotyping services to identify a suspect.

EFF continues to call for a complete ban on government use of face recognition—because otherwise these are the results. How much more evidence do law markers need that police cannot be trusted with this dangerous technology? How many more people need to be falsely arrested and how many more reckless schemes like this one need to be perpetrated before legislators realize this is not a sustainable method of law enforcement? Cities across the United States have already taken the step to ban government use of this technology, and Montana has specifically recognized a privacy interest in phenotype data. Other cities and states need to catch up or Congress needs to act before more people are hurt and our rights are trampled. 

MPs in Ghana’s Parliament voted to pass the country’s draconian ‘Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill’ on February 28th. The bill now heads to Ghana’s President Nana Akufo-Addo to be signed into law. 

EFF has joined 34 civil society organizations to demand that President Akufo-Addo vetoes the Family Values Bill.

The legislation criminalizes being LGBTQ+ or an ally of LGBTQ+ people, and also imposes custodial sentences for users and social media companies in punishment for vague, ill-defined offenses like promoting “change in public opinion of prohibited acts” on social media. This would effectively ban all speech and activity online and offline that even remotely supports LGBTQ+ rights.

The letter concludes:

“We also call on you to reaffirm Ghana’s obligation to prevent acts that violate and undermine LGBTQ+ people’s fundamental human rights, including the rights to life, to information, to free association, and to freedom of expression.”

Read the full letter here.