Thursday, December 31, 2020

Internet privacy in Brazil: An example of already weakened state of Democracy

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Vaishnavi Krishna Mohan

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Internet privacy in Brazil: An example of already weakened state of Democracy

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Global Views 360

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December 31, 2020

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Brazillian President Jair Bolsonaro and Hamilton Mourāu in presidential inauguration ceremony | Source: J. Batista/Câmara dos Deputados via Wikimedia

Brazil’s president Jair Bolsonaro’s ascent to power attracted international attention for their potential impact on human rights. His highly controversial positions on Brazil’s past military dictatorship, civil rights and his greater support for conservative agenda is very likely to jeopardize freedom of expression and the nation’s fragile democracy. Bolsonaro’s ascent to power has not been welcomed by people around the globe.  His blind eye towards democracy has created a human rights crisis in Brazil. In 2017, violence reached a new record in the books of Brazil with an estimated 64,000 killings. More than 1.2 million cases of domestic violence were pending in the courts at the start of 2018. About 5,144 people were killed due to police brutality in 2017 and weakening state control of prisons has facilitated gang recruitments. Brazil has lost over 100,000 people to COVID-19, the pandemic which Bolsonaro strongly repudiated as a conspiracy. The president’s desperate authoritarian attempts to forcibly seize control has pushed the nation into a political crisis inter alia free fall of the economy, a pandemic, a human rights crisis and a democratic recession. “This is the worst crisis Brazil has faced in its history. It’s a political crisis, an economic crisis, and a public health crisis. I’ve thought about this a lot, and I can’t think of another moment when the country was in worse shape than it is right now.” These are the exact words of Professor James Green, a Brazilian studies teacher at Brown University, a man who has lived through the military dictatorship in Brazil which lasted from 1964 to 1985.

Amidst these crises, Bolsonaro has periled the integrity and autonomy of Brazil’s most vital democratic institutions. In May 2020, the scandalous president even contemplated ramping up the military to shut down Brazil’s Supreme Court as they continued investigations into his network of advisors and his family. The anti-terrorism bills pushed in the senate after the ascent of Bolsonaro is another key example of endangerment to democracy. The vague and broad definitions of terrorism in the bill potentially criminalizes protests and even basic social movements. These are inconsistent with the standard of precision that Brazilian criminal law maintains. The capricious characterization of a “terrorist act” leaves the door open to subjective and arbitrary decisions which is not new to the nation.

The anti-terrorism bill says that it is “terrorist act” to interfere or tamper computer systems or databases with any political or ideological motivation even without a malicious intent. This would jeopardize the work of several security researchers and journalists in Brazil. Unfortunately, they are not alone.

On 30th June 2020, the Senate of brazil passed the PLS 2630/2020   (Law of Freedom, Liability, and Transparency on the Internet) popularly known as the fake-news law. Fake news has definitely been a problem all over the world. 17 states have passed some form of regulation directing disinformation during the pandemic. The term “fake-news” has been engraved in the global political discourse in the last half decade. With the decline in global levels of press freedom, the domino effect of so-called “fake-news laws” is attracting some serious risks to press freedom and freedom of expression. It is certain that Bolsonaro took advantage of the pandemic situation and passed the fake-news law with the excuse of COVID-19 misinformation. There are several underlying concerns and apprehensions about this law.

  1. Traceability requirements for private messaging services like WhatsApp and Signal would require the apps to store the logs and records of “broadcasted messages” which implies all the messages sent by over 5 users which reaches at least 1000 people within the span of three months. Messaging service companies are required to report most of the information to the government of Brazil hence creating a centralized log of data interactions. This breaks the end-to-end encryption service provided to the users by some of the messaging apps. If companies do not oblige to weaken the technical protection given to the users of Brazil, the bill forces them to leave the country.
    This imposition of “tech mandate” was condemned by Electronic Frontier Foundation (EFF) as they called it out for weakening privacy protection. Attached to this is a “technical capability derivative”, whether or not platforms will be able to trace back individual messages.
  1. Article 37 of the law mandates all the private messaging and social networking apps having a customer base in Brazil to appoint a legal representative who will have the power to remotely access user logs and databases. This pseudo attempt to localize the measures not just gives rise to privacy concerns but also questions if the Brazilian Senate has undermined United States’ laws such as Electronic Communication Privacy Act and CLOUD Act. Both of these laws mandate US-based social networking service providers to follow and check certain legal safeguard before handing the private data to any foreign law enforcement agents.
  1. If any social media account is reported to be inauthentic or automated, the online platform would have to confirm the identity of the user and verify the identity with any government ID in Brazil or a passport for a foreigner. The government can also demand confirmation of identity for any account through the means of a court order. This provision broadly attacks anonymity and privacy of users online and ignores its benefits on the internet such as whistle blowing and protection from stalkers.
  1. This law also makes it illegal to create or share any content online which may pose a risk to” economic order or social peace” in Brazil. Both of these terms are vaguely defined and even vaguely present. This opens gates to a wide range of content creators to be called out as “illegal”. The law also criminalizes intentionally being a member of an online group whose main activity is sharing defamatory content. This includes all meme groups which primarily share memes about anyone in an authoritative position in Brazil. This definitely puts a subjective cap and poses significant challenges to the freedom of expression and restricts basic ability of Brazilians to engage in discourse on online platforms.

The fake-news law makes social media companies legally liable for content published online on their platforms which acts as an incentive to them to restrict the freedom of speech of Brazilians at the time of any social or political unrest or even times like the present. While Brazil faces a real problem of fake news, this hastily written statute is not the right solution. At the time of a pandemic, when most of the world is functioning on a virtual sphere, the reckless fake-news law has added weight onto the fragile thread holding Brazil’s democracy. Jair Bolsonaro has managed to push democracy to a breaking point even without the drastic steps that he earlier contemplated.

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January 18, 2021 2:21 PM

The Toxicity in Video Games and Cyberpunk 2077

Cyberpunk 2077, the most awaited video game was released on consoles and PC on 10th of December, 2020. The game went under 10 years of build-up and had kept gamers waiting for over 8 years. Cyberpunk 2077 is inspired by a cult-favourite tabletop roleplaying game. The video game was designed by well-known Polish studio, CD Projekt Red. Cyberpunk was the studio’s first big console game since The Witcher 3: Wild hunt which was an extraordinarily triumphant game that won numerous awards after its launch in 2015.

The popular video game, when released, faced backlash from the gaming community and non-gamers for several reasons. To many observers and gamers, Cyberpunk 2077 even proved to be an absolute failure. Several gamers called out the game developers for the promotion of sexiest ideologies and transphobia. However, the reviews weren’t well received by the fans. Cyberpunk 2077 fans responded with unacceptable abuses, harrasing and hateful messages and even rape and death threats.

Keanu Reeves in Cyberpunk 2077

Cyberpunk 2077 released ample previews, trailers, motion pictures and marketing material. Aside from this, the appearence of popular Canadian actor, Keanu Reeves as a character in the game carved the expectations of gamers and promised a sexy and kinky world of futuristic and revolutionary action. CD Projekt Red, one of Europe’s most successful video game company announced Cyberpunk 2077 project in 2012 and released the first trailer in 2013

The game is set in an alternate timeline in the city of California. The streets in the game are owned by tyrannical corporations. Everyone in the game modifies their body with illegal technology. Much of the state in the video game setting is said to be suffering from the impacts of a major nuclear attack which happened years ago. Every player gets to be a cyber-enhanced human who has to fight against physical and psychological threats to their survival. The game character of Keanu Reeves comes in as your sidekick.

In 2018, the developers insisted and had assured the gamers that Cyberpunk 2077 would not include in game purchases. CD Projekt Red did not want to lock any content behind a paywall. The studio was also insistent that the game would come out only when it was completely “ready”. They announced that the release would take place in April 2020 but it was delayed multiple times due to the COVID-19 pandemic as well as other quality problems that the game was facing. When it was finally released in December 2020, gamers expected their experience of the game to be “worth the wait”. However, the video game wasn’t well revived by all. In spite of several months of work that went into making and developing the game, the game was launched with several technical issues. Players on both PC and consoles were having terrible experiences. As a result of multiple glitches and technical problems, the characters’ faces were obscured and the game would reset randomly. Some of the environments or areas of the game map was unappealing. The game even caused consoles to crash repeatedly and sometimes sacrificed players’ progress. One glitch led to characters’ breasts and penises being exposed. The characters’ genitals would poke out of their clothes. CD Projeckt Red offered refunds to players who were disappointed with the product. In fact, they updated a self-review discouraging gamers from playing the game on console until the game was fixed and improved.

Cyberpunk 2077 was roundly criticized by reviewers, game designers, industry insiders and other gamers across the gaming community. The wait and hype for the game had already created a fanbase which turned toxic by harassing reviewers who criticised the game.

There is another reason why the game wasn’t well received. Cyberpunk 2077 transphobia was apparent in the game contradicting the fact that the developers had claimed that the game was ahead of its time. The game has an incredibly detailed character creation menu. The players can control several aspects of their character’s appearance including the shapes and size of the genitals. The game even allows players to decline the option of including genitals to their characters. However, this isn’t the problem and is in fact appreciable. The idea of not determining gender by the character’s genitals in fact made many trans players happy. But this soon turned into disbelief and disappointment. The gamers realised that the game actually assigned the gender to the characters not based on their genitals but rather by the voice. Characters with higher-pitched voices were identified as females and characters with deep-voiced characters were assigned male pronouns. This purports the toxic idea that people’s gender can be determined by certain traits. A non-sexist video game would determine the gender of a player’s character based on an independent choice made by players themselves. This is uninfluenced by other physical traits or qualities.

Several reviewers called out Cyberpunk 2077 for promoting sexist ideologies. Unfortunately, toxic fans harassed the reviewers. “You just KNOW when you're going to get harassed. If the game with all the hype has anything wrong with it, and you're honest about that, or even just want to provide any context outside of ‘it's fun’, you're going to get harassed. It's a given.” These were precisely what Susan Arendt, a podcast host quoted. She even second guessed herself whether sharing her true opinions was worth the hateful, threatening and harassing messages that she received.

Controversial Tweet by Cyberpunk 2077 Twitter Handle

In the early days of arcade, gaming was a family activity. The popular male dominance and stereotype that only boys or men are good at video games were perpetuated in the past three decades. We observe this change due to sexualisation of video games. Today, most video games aren’t family friendly as they include explicit and sexual content. This, in fact, is a marketing tactic used by developers to target the male population. In 2018, a Cyberpunk 2077 fan who was awaiting the game at that point of time tweeted that the user wanted to see more from the “guys” at CDPR. In response to this tweet, CD Projekt Red tweeted, “Did you just assume their gender?!”. On the look of it, the tweet seems innocent but it is a joke at the expense of the trans community. After receiving backlash to the tweet, CDPR took it down and issued an apology staying sorry to “all those offended”. The apology seems like another targeted mockery and CDPR did no right by not taking responsibility for its actions.

Not only is Cyberpunk2077 transphobic and sexist, it is non user friendly as well. The game has several epilepsy triggers without any warnings about it. There are several instances and situations in the game where the effects and the graphics are brighter, louder and flashing. This is a general trigger for seizures. Liana Rupert, a player of Cyberpunk 2077 suffered a major seizure and at several moments felt that she was close to another one. After bringing this to the notice of CD Projekt Red, the company agreed to add trigger warnings wherever necessary.  

The gaming industry has definitely taken a few steps forward in terms of inclusivity of all genders but has also taken a few steps backward. While all genders are welcome, they still face harassment and judgement for simply existing in the community and need a lot more improvement.

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