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How Israel is Trying to Enforce Gag Orders Beyond its Borders

At Israel’s request, Twitter is blocking Israelis from viewing certain tweets published overseas. Similar take-down notices have been sent to other international online platforms, the Justice Ministry confirms.

By Michael Schaeffer Omer-Man | 9 August 2016

+972MAG — Israeli authorities are taking steps to block their own citizens from reading materials published online in other countries, including the United States.

The Israeli State Attorney’s Office Cyber Division has sent numerous take-down requests to Twitter and other media platforms in recent months, demanding that they remove certain content, or block Israeli users from viewing it.

In an email viewed by +972, dated August 2, 2016, Twitter’s legal department notified American blogger Richard Silverstein that the Israeli State Attorney claimed a tweet of his violates Israeli law. The tweet in question had been published 76 days earlier, on May 18. Silverstein has in the past broken stories that Israeli journalists have been unable to report due to gag orders, including the Anat Kamm case.

Without demanding that he take any specific action, Twitter asked Silverstein to let its lawyers know, “if you decide to voluntarily remove the content.” The American blogger, who says he has not stepped foot in any Israeli jurisdiction for two decades, refused, noting that he is not bound by Israeli law. Twitter is based in California.

Two days later, Twitter sent Silverstein a follow-up email, informing him that it was now blocking Israeli users from viewing the tweet in question. Or in Twitter-talk, “In accordance with applicable law and our policies, Twitter is now withholding the following Tweet(s) in Israel.”

The tweet is still available from American and non-Israeli IP addresses, but viewed from Israel, it looks like [see featured photo above].

Because I am writing this from Israel, I am legally forbidden from telling you what Silverstein’s original tweet said. I can’t even tell you the specific legal reason why I can’t tell you what I can’t tell you.

What I can say is that as the use of military censorship in Israel has become less common and less sweeping over the years, authorities are increasingly using court gag orders to control the flow of information in the country. Often times those gag orders cover the very existence of the gag order itself. []

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