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1 TWEETING FROM TARHRIR SQUARE: COPYRIGHT IN EMERGENCE CASES ; Dr. Yassin EL SHAZLY, Ph.D in Law, Lyon Law School, France Senior Lecturer of Business Law,

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Presentation on theme: "1 TWEETING FROM TARHRIR SQUARE: COPYRIGHT IN EMERGENCE CASES ; Dr. Yassin EL SHAZLY, Ph.D in Law, Lyon Law School, France Senior Lecturer of Business Law,"— Presentation transcript:

1 1 TWEETING FROM TARHRIR SQUARE: COPYRIGHT IN EMERGENCE CASES ; Dr. Yassin EL SHAZLY, Ph.D in Law, Lyon Law School, France Senior Lecturer of Business Law, Ain Shams University, Cairo, Egypt Legal Expert, National Telecommunication Regulatory Authority (NTRA )

2 Agenda  The social and economic importance of internet in Egypt  Cyberspace and freedom of expression role of internet in Egyptian mobilization  The emergence of Parody as a legal and a political arm 2

3 The social and economic importance of internet in Egypt  In 1998, the Telecom Law 19/1998 made Telecom Egypt a joint stock company 100 percent owned by the Government of Egypt.Telecom Egypt  The Government of Egypt established the Ministry of Communications and Information Technology (MCIT) in 1999 to lead Egypt’s transition into an Information Society. 3

4 The social and economic importance of internet in Egypt  In February 2003, the Telecom Act (Law 10/2003) was issued and ratified. The law regulates all types of telecommunications in Egypt through eighty-seven articles included in seven chapters  The law empowered NTRA and defined its role in the ICT sector.  Article 3 of the Telecommunication law of 2003: “A national authority managing the Telecommunication utility shall be established and named “The National Telecommunication Regulatory Authority”. The Authority shall have a public juristic personality; it shall be subordinated to the Minister Concerned and shall have its head quarters in Cairo and Giza. The NTRA shall have the right to establish branches all over the Arab Republic of Egypt. 4

5 The social and economic importance of internet in Egypt  The number of fixed lines subscribers reached 9.93 million, the fixed line penetration (12.72%), mobile subscribers (58.97 million),mobile penetration (76.16%), number of Internet users (19.84 million)  Internet penetration (25.6%), ADSL penetration (1.6%), Broadband users (85.79% of total internet users), mobile Internet users (14 % of total mobile subscribers), International Internet bandwidth ( mbps). 5

6 The social and economic importance of internet in Egypt  On the economic level, the ICT GDP at fixed prices (6.3 billion US$) which represents an annual growth rate of (12%) 2009/2010. The ICT sector contribution to real GDP is (4%) in 2009/2010. ICT expenditure (5.7 billion US$) and the ICT total issued capital (8.18 billion US$).  The Average annual FDI flows into ICT sector reached (1, 2010 billion US$). Moreover, the number of of ICT companies in July 2010 was 3758 with (193.3 thousands) employees in the ICT sector. The estimation of the ICT contribution to the treasury is (1.8, 2009 billion US$). 6

7 Connective technologies are a growing force in Egypt  Internet use in Egypt increased from less than 1 percent to 21 percent of the population during the past decade.  30% of Egypt’s 17 million Internet users now subscribe to Facebook, an increase of 10 percent since just May  The Egyptian government reports 60 million mobile phone subscribers out of 83 million people, although smartphone penetration in the country is still low. 7

8 The social and economic importance of internet in Egypt 8

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11 The social and economic importance of internet in Egypt 11

12 Freedom of expression “local view”  article 45 of the Constitution says that citizen privacy is legally protected as well as mailing and telephone wire and other means of communication. Such liberty could not be prohibited or controlled except by judicial order, issued for a fixed period in accordance with the provisions of the Law.  Same to article 47 which protects the freedom of expression for everyone to express and publish his opinion it by saying or writing or photography or other means of expression in the expression within the law and safeguard national construction.  Furthermore, article 48 assures the freedom of press, printing, publishing and media is guaranteed, except in cases of emergency and for the reasons of public safety or national security. 12

13 Freedom of expression  The law also raised article 19 of the Civil and political rights convention, adopted by UN General Assembly resolution of 16 December 1966, which provides that freedom of expression should be exercised with respect to national security or public order.  This is confirmed in article 4, paragraph 2, of the Telecommunication law which says that the regulation to telecommunication sector should be done in the frame of “Protecting National Security and the State top interests”. 13

14 Freedom of expression  From all the above, it could be deduced that the free access to the Internet is guaranteed by the Constitution, however, its exercise should be restricted by the respect of the society morals and values, taking into account the public interest of the State.  In other words, the free access to the Internet as a private right should be subordinated to the public interest requirements.  the free access of porn web sites- The supreme administrative court decision on 21/12/

15 Emergency law  Emergency law in Egypt was firstly enacted in 1958, and has remained in effect since 1967, except for an 18-month break in  Under this law, police powers are extended, constitutional rights are suspended, and censorship is legalized. The law sharply circumscribes any non- governmental political activity, and street demonstrations, non-approved political organizations, and unregistered financial donations are formally banned.  Under state of emergency, the government has the right to imprison individuals for any period of time, and for virtually no reason, thus keeping them in prisons without trials for any period. 15

16 Egypt Telecommunication Regulation Law Law No. 10 of 2003  ARTICLE 1 :  19. National Security  All related to the Armed Forces, Military Production, Ministry of Interior and Public Security, National Security Authority, the Presidency and all Authorities related to these entities. 16

17 Egypt Telecommunication Regulation Law Law No. 10 of 2003  Article 67 - The Call for General Mobilization  The State competent authorities shall have the power to subject to their administration all Telecommunication Services and networks of any Operator or Service Provider and call operation and maintenance employees of such services and networks in with the provisions of Law No. 87 of 1960 or any other cases concerning National Security. 17

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19 The blogosphere  Since early 2007, the government has been reinforcing Web surveillance under the iron fist of a special department of Egypt’s Ministry of Interior.  Facebook has been placed under surveillance, rather than blocked, so that activists can be observed and arrested.  Authorities are monitoring s and telephone calls without any court order.  Since 2008, cell phone companies are required to obtain their customers’ personal data before selling them their services.  Surveillance is also commonplace in cybercafés, which are frequently visited by the population. The authorities often pressure café managers to gain access to the personal data of Internet users that interest them. 19

20 Bloggers: Mobilized but also harassed  In 2008, over 500 of bloggers were arrested for “endangering state security” mainly by virtue of the State of Emergency Law.  The crackdown continued in 2009 and prisoners were often ill-treated.  Most have been released since then, yet two bloggers are still behind bars.  Since January 2009, an average of one complaint per day is lodged against a journalist or a blogger. 20

21 Abuse of power  During the Egyptian parliamentary election, 2010, opposition groups complained of harassment and fraud perpetrated by the government.  Opposition and civil society activists have called for changes to a number of legal and constitutional provisions which affect elections.  The perceptions of corruption and its beneficiaries being limited to businessmen with ties to the National Democratic Party have created a picture “where wealth fuels political power and political power buys wealth”. 21

22 The Use of Social Networks in Egypt’s Revolution  Social networks have been used to produce films, videos and photos to show the whole world how things were going in Egypt.  In addition, networks like Facebook were used as a mean of communication between protesters.  Twitter was used to share logistics between protesters.  Social networks were used to gather information about the manifestations and observe in real time the status of these manifestations in the whole country. 22

23 23 We are all Khaled Said

24 Lead-up to the protests  On June 6, 2010, a young Egyptian man (Khaled Saeed) had been sitting on the second floor of a cybercafé in Alexandra. Two detectives from the police entered the premises and arrested him, allegedly beating him and smashing him against objects as he was led outside to their police car.  Multiple witnesses have testified that Saeed was beaten to death by the police.  Human Rights Watch released a press report about the photo that stated, "Photos of Said's battered and deformed face show a fractured skull, dislocated jaw, broken nose, and numerous other signs of trauma" and also that the image clearly showed "strong evidence that plainclothes security officers beat him in a vicious and public manner. 24

25 The Cyber Revolution  The revolution in Egypt was started by a young Google executive that organized a protest via Facebook. He was released from prison after being detained for 12 days.  A Facebook page was set up in his name by Google executive Wael Ghonim, and Khaled's name and face became a rallying point for protesters.  The Facebook page, We Are All Khaled Said, attracted huge attention - tens of thousands of people joined the site, and his plight became a rallying point for Egyptians in the recent popular uprising. 25

26 We are all Khaled Said  Number of members on Facebook: 365,000 just before the revolution.  Increased to 680,000 members on 10 th Feb.,  Number of contributions: 13 on 11 th Jan., increased to 916 on 10 th Feb. (one day before the departure of the president).  127 Links to Facebook.  116 Links to YouTube.  5 Links to Twitter. 26

27 6th April Youth Movement According to their Web site:  “ This movement was established, because its members do believe that Egypt deserves an advanced place in the world, and that the Egyptian people deserve a better life as well! Members of this group started together to encourage people to express their opinion about the previous regime, to break their own fears and negativity! and to elevate their awareness about the importance of participation in the political life!” 27

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30 6th April Youth Movement  Number of members on Facebook: 60,000 (just before the revolution).  Number of contributions: 1272 on 10 th Feb.  90 Links to Facebook.  43 Links to YouTube.  7 Links to Twitter.  7 Links to blogs  48 mobile numbers have been submitted on the site for direct contact with the protesters. 30

31 Twitter Twitter was used as a force serving for good: -Giving protesters a powerful tool for organizing -Creating the story day after day -Maintaining the flow of information -Supply details on escape routes and ways to avoid checkpoints 31

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34 YouTube As a video sharing application, YouTube demonstrators were able to document the events and share it with the world through video proofs and evidence about what is really happening out there. Although the press was covering the events in depth, the people’s video contribution showed us events that could not be covered by the press reporters. 34

35 YouTube Usage Facts DayVideos uploaded to YouTubeViews Jan , – 20 Jan.9392, Jan.10208, Jan.15320, Jan.1973, Jan.18364, Jan.3273,390, Jan , – 29 Jan.Internet shut down 30 Jan.11111, YouTube was the number one video site on the Internet. The site also was the 3 rd largest Internet destination after Google & FaceBook. People submitted 1064 videos of 5700 min.

36 Videos uploaded by geographical zone (outside Cairo) GovernorateNo. of Videos Alexandria19 Asyut1 Beheria5 Beni Suef4 Dakahlia34 Damietta12 Ismailia10 Port Said2 Suez17 Tanta9 36

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38 LAW ON THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS  Article 171  Without prejudice to the moral rights of the author under this Law, the author may not, after the publication of the work, prevent third parties from carrying out any of the following acts:  (4) Make an analysis of the work, or excerpts or quotations therefrom, for the purpose of criticism, discussion or information. 38

39 39 PARADOY AS A POLITCAL TOOL

40 40 PARADOY AS A POLITCAL TOOL

41 41 PARADOY AS A POLITCAL TOOL

42 42 PARADOY AND THE NEW ELECTTED PRESIDET

43 43 PARADOY AND THE NEW ELECTTED PRESIDET

44 44 PARADOY AS A POLITCAL TOOL

45 45 Future challenge 1.Requiring a popular consent to the renewal of the State of emergency: according to Article 148 the state of emergency must be only for period of six months and must be approved by a majority of the members of the People's Assembly. The renewal of such status must be proved by a general the referendum of the people. This is deemed to prevent the unlimited application of the state of emergency. the

46  Requiring a popular consent to the renewal of the State of emergency: according to Article 148 the state of emergency must be only for the period of six months and must be approved by a majority of the members of the People's Assembly.  The renewal of such status must be proved by a general the referendum of the people. This is deemed to prevent the unlimited application of the state of emergency. 46 Future challenge

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48 48 “When the Government fears the people, there is liberty. When the people fear the government, there is tyranny” Thomas Jefferson


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