On 7 May 2019 Spoleczna Inicjatywa Narkopolityki (Civil Society Drug Policy Initiative, “SIN”), supported by the Panoptykon Foundation, filed a lawsuit against Facebook in a strategic litigation aimed at fighting private censorship on the Internet. Online platforms act as the ‘gatekeepers’ to online expression, thus gaining tremendous power over the information circulated on the Internet – power which they wield without an adequate accountability or responsibility. Moderation is necessary to fight illegal, harmful content but unfortunately perfectly legal and socially valuable materials often fall prey to it.  We hope that our lawsuit against Facebook will help change this.

The District Court in Warsaw, in its interim measures ruling, has temporarily prohibited Facebook from removing fanpages, profiles and groups run by SIN (a Polish NGO) on Facebook and Instagram, as well as from blocking individual posts. This means that – at least until the case is decided – SIN’s activists may carry out their drug education without concerns that they will suddenly lose the possibility to communicate with their audience. The court has furthermore obliged Facebook to store profiles, fanpages and groups deleted in 2018 and 2019 so that – if SIN wins the case eventually – they can be restored together with the entire published content, comments by other users, as well as followers and people who liked the fanpages. This is not the only good news: the court has also confirmed that Polish users can enforce their rights against the tech giant in Poland. The court’s decision is not final – after the delivery of the decision, Facebook Ireland will have the right to appeal it with the Appeal Court.

On 27 September the hearing was held at the European Court of Human Rights, following the application against Poland lodged by activists from Poland’s Panoptykon Foundation and Helsinki Foundation for Human Rights, joined by a human rights attorney. The group alleges that the state violated their right to privacy by allowing the intelligence agencies to act beyond scrutiny. Their case has been supported by the United Nations special rapporteur, Polish Ombudsman and the European Criminal Bar Association, attending the Strasbourg hearing as well.

Eben Moglen, famous lawyer and publicist, in cooperation with Richard Stallman created Free Documentation License GNU. Director-Counsel of the Software Freedom Center and founder of the Freedom Box Foundation at the request of Panoptykon Foundation comments on Edward Snowden’s nomination for Sakharov Prize.

Access of the law enforcement agencies and secret services upon more or less formal warrants and request do not cover the whole problem of the online surveillance. More and more date is available out there without any warrants – just to read, take and process. It is the situation, when the data that we all publish online, with more or less awareness of the consequences, is used by authorities mention above for whatever purposes. How purpose limitation could possibly be used to limit open source surveillance? To what extent privacy settings that by default enable or enhance making data public help in conducting this type of surveillance? How open source surveillance might influence individual?