As we move further into 2023, online censorship continues to threaten the free flow of information. Each year, new attempts are made to limit free speech, restrict access to important information, and protect corporate interests. However, at FlokiNET, we remain committed to privacy, free expression, and transparency. We will not hesitate to stand firm when these values are under attack.
A recent incident shows how far some companies will go to censor content and how we are fighting back to protect our clients’ rights.
On January 15th, 2023, we received a Cease and Desist letter from the General Counsel of Cellebrite Ltd. (the letter is at the bottom of this page). They demanded that we immediately shut down the site “EnlaceHacktivista.org,” claiming that their intellectual property was leaked. This leak also included information from “Micro Systemation AB” in Sweden. The leaked data contained documents about tools designed to break into private devices (phones, tablets, and laptops) and extract information.
Both companies are known for selling their products to oppressive regimes with poor human rights records. As a result, these regimes use the tools to harass journalists, putting both their work and lives at risk.
The Battle: Corporate Censorship vs. Public Interest
On January 15, 2023, FlokiNET received a cease and desist letter from Cellebrite Ltd. They accused the website “EnlaceHacktivista.org” of hosting leaked files with Cellebrite’s digital forensics tools. These tools are commonly used by law enforcement and other organizations to extract data from personal devices, raising concerns about privacy and surveillance. Cellebrite claimed that the files violated their intellectual property rights and demanded the website be taken down immediately.
However, at FlokiNET, we are committed to protecting the rights of our clients and ensuring that content shared in the public interest is not silenced. We stood by our decision that the materials in question were protected under EU whistleblower protection laws, as they revealed information that could impact privacy and human rights. According to the EU law this leak is protected by the DIRECTIVE (EU) 2019/1937 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2019.
We take the protection of our customers’ privacy, security, and general rights seriously and in this case, we have determined this request clearly attempts to use copyright laws to suppress free speech and media, which is not legal as detailed in the DIRECTIVE 2001/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. As a result, we have politely informed the representative of Cellebrite Ltd. that we will not take action.
The previous year concluded with a similar request concerning this platform: Censorship in Ecuador.
More information about these companies can be found here:
https://theintercept.com/2021/06/14/myanmar-msab-eu-technology-regulation/
https://signal.org/blog/cellebrite-vulnerabilities/
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The letter can be found here:
Dear Sir / madam:
I am Cellebrite DI Ltd. and its group companies (“Cellebrite”) General Counsel. It has come to our attention that person(s) operating under the name of “EnlaceHacktIvista.org” (“Enlace”) have a domain under the name of www.EnlaceHacktIvista.org. It has further come to our attention that FlokiNET are the ISP hosting this Enlace domain. On January 13, 2023 Enlace issued a statement on their website notifying of the receipt of certain Cellebrite owned files from an authorized person, and further indicated the “leaks” are available for download in different locations including their said domain.
Cellebrite hereby requires that you immediately shut down www.EnlaceHacktIvista.org and cease and desist from making available or enabling the availability, on such website or otherwise, of any of Cellebrite’s copyrighted software, documentations, scripts or any other artifact identified to be owned by Cellebrite, including, without limitation, the Cellebrite installation files (collectively the “Cellebrite Materials”).
All use or distribution of the Cellebrite Materials is subject to Cellebrite’s end user license agreement (“EULA”). Cellebrite’s EULA provides that the license grant is subject to the terms and conditions of the EULA, including without limitation the restrictions on transfer, assignment or distribution, making the grant of the license conditional on compliance with the terms of the EULA. Under Cellebrite’s EULA, Cellebrite Materials may not be sublicense, transferred or assigned without Cellebrite’s prior written consent. Under Cellebrite’s EULA, Cellebrite Materials may not be distributed, including by selling a product on a secondhand market, nor is it permitted to attempt to distribute Software. As Cellebrite’s EULA does not permit transfer, assignment, distribution or an attempt to distribute Software or other Cellebrite Materials, publishing of Cellebrite Materials infringes Cellebrite’s copyright and other intellectual property rights in such materials.
We, therefore, demand that you immediately cease and desist from making available or aiding in allowing availability of any Cellebrite Materials on the said website www.EnlaceHacktIvista.org or otherwise. Your failure to remove the website or our materials from the website and to provide us with written assurance that you have done so within seven (7) days of the date of this letter will force us to explore additional means of legal redress available to Cellebrite in connection with the unauthorized use of Cellebrite’s copyrighted Software and other materials.
This letter is not intended to exhaust or waive any claim or argument that Cellebrite have or may have. Nothing in this letter (or any lack thereof) shall prejudice any of Cellebrite’s claims, rights or cause of action against you or any other party acting on your behalf.
Respectfully,
General Counsel
Cellebrite DI Ltd.
Why Whistleblower Protection Matters
The content on “EnlaceHacktivista.org” wasn’t just a leak; it exposed tools that could violate privacy and surveillance rights. Because of this, the information is protected by whistleblower laws in the EU and other regions. These laws are designed to protect individuals who expose unethical or illegal activities, ensuring that their actions serve the public interest rather than corporate interests.
At FlokiNET, we understand that whistleblowers are crucial to maintaining transparency and accountability. We are committed to upholding the rights of whistleblowers and supporting the distribution of information that serves the public interest. This is why we refused to comply with Cellebrite’s demands and instead stood by our commitment to protecting freedom of speech and privacy.
Corporate Censorship: A Growing Concern
This issue is part of a larger trend: increasing pressure from corporations to control online content. Corporate censorship is growing, and it raises serious concerns about the future of the internet. When companies use their legal power to silence content they find harmful to their image or interests, it threatens free speech and limits public access to information.
Conclusion: FlokiNET’s Commitment to Privacy and Free Speech
The incident with Cellebrite was just another example of the ongoing battle for a free and open internet. At FlokiNET, we are fully committed to defending the rights of our clients and preserving the integrity of the internet. We understand that online privacy, free expression, and whistleblower protection are essential to a healthy digital environment, and we will continue to fight for these values at every opportunity.
For those who value their privacy and want to ensure that their content remains protected from censorship, choosing a hosting provider that focuses on this, like FlokiNET, is essential. We are committed to keeping the internet a place where people can speak freely and share important information without fear of corporate or government control. As we’ve said before, we will not censor free press or freedom of speech!
