From OpenMedia

This is from an email I received today from OpenMedia:

Imagine a world where you could be dragged to court and receive a large fine for simply clicking on the wrong link, where service providers would hand over information about your online activities without privacy safeguards, and where online content could be removed by big media conglomerates at will.

This scenario could become a reality before we know it. In just a few days1, a group of 600 lobbyist “advisors” and un-elected trade representatives are scheming behind closed doors 2 to decide how the Internet will be governed, including whether you could get fined for your Internet use.3 Instead of debating this openly, they’re meeting secretly to craft an Internet trap through an international agreement called the Trans-Pacific Partnership (TPP).4 Our government just signed Canada onto this arrangement, without our consent.5

In short, it appears that it will be big-media lobbyists—not citizens—who get to decide whether Canadians will be fined as suspected copyright criminals. Please help us raise a loud call before it’s too late. Visit: http://stopthetrap.net

We know from leaked documents6 that industry lobbyists intend to blanket these new restrictions and laws around the world, without us having any say in the matter. How can they do this?

Instead of an open, public process, they’ll use international tribunals to go around domestic judicial systems.7 And once the trap is set, there’s no going back. That’s why OpenMedia.ca and SumOfUs are launching this campaign today.

Here are the details—the TPP’s Internet trap would:

  1. Criminalize some of your everyday use of the Internet,8
  2. Force service providers to collect and hand over your private data without privacy safeguards9, and
  3. Give media conglomerates more power to fine you for Internet use, remove online content—including entire websites—and even terminate your access to the Internet.10

The TPP is secretive, it’s extreme, and it will criminalize your daily use of the Internet.
Don’t let Big Media lobbyists lure you into this Internet trap. Speak out now.

We deserve to know what will be blocked, and what we and our families will be fined for. If enough of us speak out now, we can prevent the Canadian government from slow-walking us into an Internet trap. Make your voice heard today.

For the possibilities of an open Internet,

Steve, Shea, Lindsey, and Reilly—your OpenMedia team

P.S. We’ve been through a lot together. Industry and government bureaucracies have tried to make Canada’s Internet more costly, controlled, and surveilled. We fought back together and successfully held the line. Now some of those same bureaucracies are going around our democratic processes to impose an Internet trap through this extreme and secretive trade agreement. Let’s take the next step to safeguard the open and affordable Internet together now.

Footnotes

[1] The next round of TPP negotiations will take place between July 2nd and July 9th 2012. The meetings remain controversially secretive without meaningful public participation while, according to U.S. Senator Ron Wyden, industry lobbyists from Big Media entities like Comcast and the Motion Picture Association of America are “made privy to details of the agreement”.

[2] The TPP suffers from a lack of transparency, public participation, and democratic accountability. In this letter, a number of U.S. civil society organizations detail and decry the opacity of the process.

[3] See the Electronic Frontier Foundation’s analysis to learn more about the ways the TPP increases the threat of litigation from Big Media. Under the TPP, Big Media could come after you in court even “without the need for a formal complaint by a private party or right holder”.

[4] Find our backgrounder on the TPP here, and our press release about Ottawa’s irresponsible participationhere.

[5] On Tuesday, June 19, 2012, Prime Minister Stephen Harper announced that Canada would join the Trans-Pacific Partnership.

[6] Public interest groups have obtained the February 2011 draft of the TPP’s Intellectual Property Rights Chapter. In it, we can see that the TPP would drastically increase Internet surveillance, increase Big Media’s Internet lockdown powers, and criminalize content sharing in general, with a likelihood of harsher penalties.

[7] The recently leaked investment chapter of the TPP reveals that the TPP would establish a two-track legal system that gives foreign firms new rights to skirt domestic courts and laws, directly sue governments before foreign tribunals and demand compensation for laws they claim undermine their TPP privileges.

[8] In addition to the Electronic Frontier Foundation’s analysis, also see Public Knowledge’s run down of concerns with The TPP IP chapter’s criminalization of downloading.

[9,10] See infojustics.org’s list of the TPP’s effects on the intellectual property law in Canada and Mexico for more information on penalties, privacy implications, and also Public Knowledge: What’s actually in the TPP?

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Ruling in the ‘Warman V Free Dominion’ case – well, in one of the cases, at least…

I have reported on what I saw and heard in court during the hearing itself here.

Richard Warman is an Ottawa lawyer whose hobby appears to be using the legal system to shut up people who hold views he does not like – and the consequences be damned.  He also has frequent-flyer points on using the Human Rights commissions to persecute people he finds ‘annoying’ and many believe that it is at least in part because of the way Mr. Warman used (or, perhaps, abused) the Human Rights Code that the section he used most often, Section 13, got removed.

I suspect that Mr. Warman finds people who stand up to him to be ‘particularly annoying’.

Connie and Mark Fournier run Free Dominion, Canada’s perhaps oldest, certainly largest,  discussion forum with a conservative bend.  They have stood up to Mr. Warman and his hoard of henchmen for years.

The Fourniers have been a favourite target of the serial suer Warman.

The decision has now come down in the latest lawsuit, which will have impact on how copyright laws are interpreted not just in Canada, but to a lesser extent also in other common law countries. And, it is clearly in favour of the Fourniers and freedom of speech!!!

And, it is hitting all the internet high-sites!

From Dr. Michael Geist:

‘The court’s discussion is important for several reasons. First, the finding that several paragraphs do not constitute a substantial part of the work has echoes to the Supreme Court of Canada hearing in December when the court opened the door to questions about some of the copying in schools not rising to the level of substantial copying. Moreover, if this amount of copying is not substantial, it has implications in a wide range of additional cases (including the Access Copyright model licence). Second, the court’s conclusion is critically important to online chat forums, blogs, and other venues where copying several paragraphs from an article is quite common. Given the court’s analysis, such copying appears to be permissible on at least two grounds, including the notion that such postings can be treated as news reporting for fair dealing purposes. 

The third claim involved a link to a photograph posted on the photographer’s site. The court had no trouble concluding that the link was not copyright infringement, rightly noting that the photographer authorized the communication of the work by posting it on his website. This finding should put an end to claims that linking to copyright materials somehow raises potential legal risks. ‘

In other words, 100% in favour of the Fourniers!

And, let’s not forget – this is only one of many lawsuits the Fourniers have faced and are still facing.  They have already set legal precedents in Canada when they stood up for the privacy rights of the users of their forum!!!

The practical implication of this is that they had to represent themselves in this latest court battle.

Connie Fournier, a computer scientist with a formidable mind, had to not only research all the laws and put the case together herself, she had to learn all the ‘tricks of the trade’ on how to do it and how to do it right.  Not an easy task…

Well, she did something right!!!

From TechDirt:

‘All told, this is an excellent decision, and offers further proof that Canada has the very real potential to move copyright law in a positive direction. There are still lots of battles to be fought, but there’s also a genuine emphasis on the rights of users (especially in the courts) that can hopefully be harnessed and nurtured more and more over time.’

From boingboing:

Canadian fed court: linking isn’t copyright infringement, neither is excerpting an article

From Law 360:

‘Ottawa Federal Court Judge Donald J. Rennie ruled against attorney Richard Warman, who along with the National Post Co. had sued Free Dominion website operators Mark and Constance Fournier for having reproduced a speech Warman had written and parts of a newspaper article that had been written about him, and for linking a photograph that was…’

I’m sure there is more….

The full ruling is here.

The Richard O’Dwyer petition

Don’t know who Richard O’Dwyer is?

Richard O’Dwyer is a UK citizen and resident.

While in the UK, he is accused (not convicted) of breaking US laws in the  UK – and is being extradited to the US for it!

Since when does the US have the right to enforce its laws on people outside its borders, who aren’t even themselves Americans?

OK, Kim Dotcom might have ideas of what this feels like – but he has a legal team to help him while this kid just created a website in his free time where people shared links.

His site itself did not host any copyrighted material – just links.

He complied with each and every takedown notice that he was linking to copyrighted material.

Yet, he is still being extradited to the US where he faces over a decade in jail?!?!?

This is all out of whack…

The petition voicing displeasure at this state of things is here.

It also fleshes out the backstory:

‘Richard O’Dwyer is the human face of the battle between the content industry and the interests of the general public. Earlier this year, in the fight against the anti-copyright bills SOPA and PIPA, the public won its first big victory. This could be our second.’

We should all pay attention.

Copyright infringement has always been – and ought to remain – a civil matter.

That we have permitted the resources of the state to be subverted for the use of Big Media,  that we consider copyright infringement to be the same as theft – even though not a single person or corporation had been deprived of the use of their property – that is just unbelievably misguided.

But that people living in distant lands should be extradited and tried for their activities which, at best (if the prosecutors win their case),  did not commit copyright  infringement directly, but simply facilitated it…

That is too bizzare for words!

TED talk by Jill Bolte Taylor: How it feels to have a stroke

Interesting talk!!!

Of course I disagree with her closing remark:  we need to pick the left hemisphere, or we will cease to exist as our selves…

I do understand the ‘lala’ land she describes and the brains states…they are not dissimilar from the ones I experienced myself when I went through a near-death experience.

I, too, have had the brain-state of connectedness to all, expansive, one with the universe and all that other stuff the meditation guru’s tout as a desirable state.  What is more – having experienced it once, I can induce it at will with only minor meditation effort.  (I don’t know if this is an aspect of my Aspieness or not, but it often takes me much longer to achieve something than others – but once I have reached a physical state, I can re-create it with much less effort.)

And while I had that sense of ‘this is profound’ – and, you could see the physiological changes in the speaker in the video just as she re-counted her tale prove just how profound the experience was for her – and while I understood perfectly well that this is the ‘Nirvana’ , I did not like it. Yes, it was ‘blissful’, I’ll admit that.

It’s just that the cost was too high.

I was just 10 years or so old when I experienced this, so I could not properly verbalize the aspects of the experience had on forming my world view.  Perhaps I will still have trouble explaining it…but, let me try to simplify:

What kind of person, when forced to choose one or the other, would pick bliss over being true to one’s identity?

Certainly not I!!!

And while she may not realize that that is what she was doing, it is infinitely comforting to have a professional acknowledge that this desire for collectivism is the product of a diseased brain!

 

Leaked Documents Show the U.N.’s Internet Power Grab…

As if we needed another reason to disband – utterly discredit, send the bureaucrats/delegates home and burn the buildings down, then dance on the ashes – the UN…

I never re-publish another blog’s post in its entirety and will not start now, but Nerfherder has a post which is short, sweet and informative about this issue.  It describes what UN’s agency called the ITU (International Telecommunications Union) plans are for restricting access to the internet and gaining  huge control over its content.  Plus, it is chock full of links!

I strongly recommend reading the short post in its entirety.  Here is a bit with key links:

‘ A pair of researchers from George Mason University created a website called WCITLeaks.org in the hopes that someone with access to the secretive proposals would leak them and make them available to the public.  Last Friday, that’s exactly what happened.  Someone leaked the 212-page planning document being used by governments to prepare for the December conference.  You can read it yourself here.’

We really need to start raising awareness about this.

Information is the best weapon in the preservation of freedom.

That is why the UN wants to disarm us.

We must not let them!

Good news/bad news in the field of electronic communication

The bad new is – predictably – coming from legislators.  This time, in the UK.

They are introducing a bill which would force all internet service providers (ISPs) to monitor, log and store all electronic communication.  But more than just that:  they would also collect data about the physical electronic equipment used in the communication, who is communicating with whom and a long list of other intrusive measures.  And, yes – physical communication would be similarly monitored, copying addresses from envelopes and packages and keeping the info for the government’s reference…

But, don’t worry!  Home Office Secretary Theresa May said:

 “Unless you are a criminal, then you’ve nothing to worry about from this new law.”

Ooooooh, that makes me feel all warm and fuzzy…

OK, so the governments all over the world are using the fact that we are all distracted by the looming economic crisis (created by their corruption) to impose ever more intrusive surveillance on us.

And we should not worry, unless we are criminals!

Until, that is, the government decides that holding the views we hold makes us criminals…

Well, before we all get too depressed, let me get to the good news – predictably, from the world of science and technology.

While quantum cryptography has not quite delivered the desired level of security through encrypted communication that many of us had hoped it would, it seems that emerging technology based on the good old second law of thermodynamics just might give us a glimmer of hope!

‘Once again the secrecy is guaranteed by the laws of physics but instead of quantum mechanics, Kish and co say the second law of thermodynamics provides the necessary underwriting. That’s the same law that prohibits perpetual motion machines powered by heat from the environment.’

The goal of achieving securely encrypted communication is always to make sure the two parties communicating can decrypt the signal but anyone intercepting the message would lack the tools to decode it.  This newly announced method sounds great and secure.

Let’s hope it becomes generally used by ‘everyone’  before surveillance laws leave us frightened and silenced!

Ben Huh on the Culture, Morals, and Politics of the Internet

 

LinkedIn: 6-and-a-half million passwords leaked

UN has plans to ‘regulate’ the internet…

…right out of existence.

This is more than UN’s Agenda 21 which seeks to gain control over parts of nation states through bypassing their legitimate governments (and which Alabama had just banned within its borders), it is an attempt to re-shape the internet to the liking of Russia, China, Saudi Arabia and Iran!

From C/net:

‘ISOC’s Sally Wentworth, senior manager of public policy for the group, warned that the proposals to be considered are not “compatible” with the current open manner in which the Internet is managed.

Vint Cerf, Google’s chief Internet evangelist, co-creator of the TCP/IP protocol, and former chairman of ICANN, said the ITU meeting could lead to “top-down control dictated by governments” that could impact free expression, security, and other important issues..

“The open Internet has never been at a higher risk than it is now,” Cerf said.’

In my never-humble-opinion, it is time to dissolve that toxic tumour upon our society also known as the United Nations!

OpenMedia: Who’s on your side?

From OpenMedia:

Canadians have been raising a loud national call for every MP to stand against costly and invasive online spying. Thanks to the pro-Internet community, the video at http://openmedia.ca/stand went viral and got national news coverage from CBC,1 among others.

The response so far has exceeded our expectations: Over sixty MPs have signed up as Pro-Privacy politicians through our online tool. We have a real opportunity right now to tip the scales in favour of our online rights.

We need to act quickly. Public Safety Minister Vic Toews, far from backing down, is pushing for a renewed multi-faceted scheme to erode Canadians’ online privacy rights: Toews has also quietly been working on a deal with the U.S. known as “Perimeter Security”, which could lead to the U.S. government having access to your private data.2

We have momentum now, with over sixty MPs—nearly two-thirds of opposition MPs—on our side. Let’s seize this crucial moment and turn up the heat on the government.

Tell your MP that you want them to speak out strongly about this issue by sending them a message now.

Thank you for all that you do to safeguard the open, affordable, surveillance-free Internet.

Onward,

Steve and Lindsey, on behalf of your OpenMedia.ca team

P.S. You can see exactly which MPs are on your side, and which are not, using our new Pro-Privacy MP display tool here: http://openmedia.ca/WithCanada

P.P.S. We were only able to build this online Pro-Privacy MP tool for you because people from across the country chipped in to make it happen. Please help our small team continue to do this kind of work by making a contribution today.

Footnotes
[1] CBC News: Online surveillance bill opponents continue campaign
[2] Huffington Post: Canadians’ Online Habits Could Soon Be Available To U.S. Government Without Warrant, Critics Say