Michael Geist: The Behind-the-Scenes Campaign To Bring SOPA To Canada

SOPA may appear to be officially dead, but that does not mean that the lobbyists will not try to convince legislators to sneak SOPA-style provisions into other legislation:  whether as bits attached to other bills in the US, or trying to incorporate aspects of it into laws of other countries.  We must remail vigilant!

That is exactly the message from Michael Geist:

‘While SOPA may be dead (for now) in the U.S., lobby groups are likely to intensify their efforts to export SOPA-like rules to other countries. With Bill C-11 back on the legislative agenda at the end of the month, Canada will be a prime target for SOPA style rules. In fact, a close review of the unpublished submissions to the Bill C-32 legislative committee reveals that several groups have laid the groundwork to add SOPA-like rules into Bill C-11, including blocking websites and expanding the “enabler provision”to target a wider range of websites. ‘

‘The music industry is unsurprisingly leading the way, demanding a series of changes that would make Bill C-11 look much more like SOPA. ‘

‘Several lobby groups also want language similar to that found in the infamous Section 103 of SOPA. That provision, which spoke of sites “primarily designed or operated for the purpose of…offering goods or services in a manner that engages in, enables, or facilitates” infringement, raised fears that it could be used to shut down mainstream sites such as YouTube.’

This is something we must stay on top of!

Technorati: List of Sites Going Dark Over SOPA Today

As you may have heard, many sites are going ‘dark’ today over SOPA today.

 

Technorati has the list – and instructions on how you can, too!

‘Just as they’ve been warning for a few weeks now, a variety of websites, some small and others large in scope and influence, have shut down their virtual doors today in response to the possible passage of the Stop Online Piracy Act, otherwise known as SOPA.

The controversial legislation, before the House of Representatives, has caused nothing less than outrage from Internet service providers and their customers. The legislation, meant to stop companies from copying, or “pirating” content or software from others and reselling it, has been seen by many as over-reaching, a “sprawling new regime” of laws which will “stifle investment” and further “chill free speech” across the Globe.’

OpenMedia: ‘Now they’re after your cell phones’

The following is from OpenMedia:

Get ready for price increases, more bureaucratic red tape, and disrespectful customer service.

We have reports that the Big Three cell phone giants (who control roughly 94% of the market) are trying to trick the government into shutting out independent competitors. Some of them are going so far as to use high-priced lobbyists and a fake grassroots campaign1.

If the Big Three succeed, they will:

  • Squeeze Canadians into tighter contracts, with disrespectful customer service.
  • Squeeze more money out of your wallet every single month.
  • Squeeze independent providers out of the cell phone market.

In short, they will be the only game in town, and that means you and I will pay more for our cell phones. It will lock Canada behind the rest of the world on mobile communications, cripple essential innovation, limit social progress, and drain your wallet every month.

Sign the Stop The Squeeze petition before it’s too late!

Canadians already pay some of the highest cell phone fees in the free world2. This is a gut check for Canada. Will we let price-gouging big telecom companies squeeze every last penny out of our wallets before we stand up for ourselves? Will we let them slow-walk our economy into disaster?

We’ve heard that the Industry Minister is about to make a decision that could rubber stamp this cell phone nightmare into reality. Please join Canadians from across the country in signing this urgent petition to send him a message.

Let’s not put up with this anymore.

For the Internet,

Steve, Lindsey, and Shea, on behalf of the OpenMedia.ca Team

P.S. Last year Canadians spoke out against metered billing and successfully pushed the government into action. We know it’s powerful when we raise our voices together. Let’s do that now before it’s too late: http://StopTheSqueeze.ca

NOTES:

[1] Rogers has a campaign that purports to be in the interest of customer service when it is clearly about limiting their independent competitors. Find our coverage of that campaign here.

[2] In 2009, an OECD study found that Canadians pay some of the highest prices for mobile phone calls in the industrialized world. This was corroborated by a 2010 report from the New America Foundation. More recently, another study found that Canada has the highest roaming fees in the industrialized world.

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Computerworld: ‘Hacked memo leaked: Apple, Nokia, RIM supply backdoors for gov’t intercept?’

Can’t say this os a surprise, but it’s important that the confirmations are as publicly known as possible.

‘Everyone knows’ that all Miscrosoft software has more backdoors than a whorehouse – Microsoft openly admits they consult with the US government while developing Windows products.  But Apple consumers always laboured under the presumption that they were above such surveillance…

From Slashdot:

‘The memo suggests that, “in exchange for the Indian market presence” mobile device manufacturers, including RIM, Nokia, and Apple (collectively defined in the document as “RINOA”) have agreed to provide backdoor access on their devices. The Indian government then “utilized backdoors provided by RINOA” to intercept internal emails of the U.S.-China Economic and Security Review Commission, a U.S. government body with a mandate to monitor, investigate and report to Congress on ‘the national security implications of the bilateral trade and economic relationship’ between the U.S. and China.’

So, now we know a bit more:  more electronics manufacturers are willing to sell out their customers to government surveillance.

And, the US government is not unique in having access to the backdoors built in to consumer electronics.

So much for ‘an expectation of privacy’…

EFF: U.S. Government Threatens Free Speech With Calls for Twitter Censorship

The full article is at Electronic Frontier Foundation:

‘ Moreover, criminalizing, or even trying to criminalize a neutral communications service like Twitter would set a dangerous precedent –like criminalizing pens and pencils or typewriters and computers based on what people choose to say when using them.’

‘Twitter is right to resist.  If the U.S. were to pressure Twitter to censor tweets by organizations it opposes, even those on the terrorist lists, it would join the ranks of countries like India, Azerbaijan, Bahrain, Syria, Uzbekistan, all of which have censored online speech in the name of “national security.”  And it would be even worse if Twitter were to undertake its own censorship regime, which would have to be based upon its own investigations or relying on the investigations of others that certain account holders were, in fact, terrorists.’

This is the true test of our committment to the freedom of speech:  do we deny it to those who are despicable scum?

Who is to know if you yourself will, one day, be defined to be ‘despicable scum’ by the powers that be?

Some things are non-negotiable.

Freedom of speech is one of these non-negotiables!

Why is SOPA not part of the evening news?

Perhaps because most of the parent companies of TV news broadcasts are staunch supporters of SOPA:

‘Dimiero based his report on Lexis-Nexis searches which includes transcripts of nighttime newscasts.

Comcast/NBCUniversal (which owns MSNBC and NBC News), Viacom (CBS), News Corporation (Fox News), Time Warner (CNN) and Disney (ABC) are all listed as supporters of the bill. ABC and CBS are also listed as separate supporters of the bill.’

Just in case you were wondering why TV news is igniring this, if it is such a hot topic…

Isn’t a lie of omission still a lie, when it comes to building up trust in your news-sources?

Or is it unreasonable for us to expect news reporters to report news honestly and thoroughly, regardless of how it affects their corporate owners?  Because if we cannot, we must openly realize this and re-categorize ‘news reporters’ as ‘corporate spin officers’ and view all they say through the appropriate lens…

…and people wonder why the legacy media is in its death-throws…

Missouri judge rules in favour of warrantless GPS surveillance

From WiredNews:

‘The ruling, upholding federal theft and other charges, is one in a string of decisions nationwide supporting warrantless GPS surveillance. Last week’s decision comes as the Supreme Court is expected to rule on the issue within months in an unrelated case.’

It seems that ‘expectation of privacy’ is dwindling so much that pretty soon, there will be no expectation of privacy for anyone, anywhere!

Just how far will we permit ‘big brother’ to stretch the ‘no expectation of privacy’?

Let’s see just how close to zero expectation of privacy we actually are, right now:

  • We  do not have it when walking around in public, as the use of surveilance cameras is being supplemented by a growing fleet of unmarked back-scatter X-ray vans roaming the urban streets.
  • We do not have it in our cars – either the built-in GPS system (like OnStar) can be accessed by ‘big brother’ or ‘big brother’ can add his own, as the above ruling shows.
  • We no longer have it in any form of electronic communication, as laws like SOPA and PIPA make warantless surveilance of all electronic communication the norm, thus removing any expectation to privacy in anything one does online, including VOIP phone calls.
  • US citizens do not have an expectation of privacy in their homes, as the courts there have ruled (I think I blogged it at the time) that using high-tech surveillance tools (including infrared detectors to monitor the movement of individuals inside the home) is perfectly legal as long as the tools are used outside of the home.

Where is left?

Truly and honestly, where do we have left where we enjoy ‘expectation of privacy’?!?!?

When you have no place left where you have ‘an expectation of privacy’, does this mean that the government has the right to monitor your every move, 24/7/365?

Is this truly the society we wish to build?

GoDaddy: a case study in how democracy is being lost

December 29th, 2011, is the official ‘Boycott GoDaddy Day’:  everyone is being encouraged to move any domain names they may have with GoDaddy

Why GoDaddy?

Let me count the ways…

Yes, GoDaddy has backtracked on their support of SOPA – but this is more than just a case of ‘too little, too late’.

GoDaddy actually helped draft SOPA – and is already one of the go-to companies when the US government  (long before SOPA ever becomes a law) wants to blacklist websites:

“That was good enough for Judge Kent Dawson to order the names seized and transferred to GoDaddy, where they would all redirect to a page serving notice of the seizure. In addition, a total ban on search engine indexing was ordered, one which neither Bing nor Google appears to have complied with yet.”

Yes – right now, long before SOPA, a judge had ordered that a website be transferred to GoDaddy in order for it to make it easier to blacklist them – following a court proceeding where the accused may not even be notified until after the ruling is made.

(Aside:  this shows that the stated goal of SOPA – to protect copyrights from pirating – is unnecessary, as all of this is already being accomplished under current laws.  The scales of justice are already very strongly tipped towards the copyright holder and against regular citizens – SOPA would not only tip them even further, it would destroy the internet as we know it.  If, say, one copyright holder complained that one single blogger at WordPress were to publish a link on their blog that led to a home movie of their kid singing a (copyrighted) pop song, under SOPA, the whole of WordPress and all the innocent blogs on it would be blacklisted!!!!  Yes – this is what life under SOPA would be, and not just in the US because the effects would be internet-wide!)

It seems GoDaddy is a willing tool at best, an active collaborator in the process of oppressing people without just process at worst.  This is the type of behaviour which enables totalitarian governments to keep their populace ‘under control’!

It is easy to see why it is so very easy for people to hate GoDaddy – even before one considers their idiotic commercials or their CEO’s weird hobby of shooting and killing elephants…

In other words, GoDaddy is a poster child for the collusion of government and business – the result of which is that government policy is increasingly shaped by the concerns (and thus passes laws to the benefit of) of a smaller and smaller circle of businesses.  This leaves the citizenry unable to affect political change, since legislators of all stripes are dependent on these corporate interests to raise sufficient funds.

Have you ever heard of the ‘four boxes’ necessary for constitutional democracy to function?

  • Soap box: A box you stand on in the street trying to explain your views to the public. Figuratively, building public opinion for your case.
  • Ballot box: Public, free, democratic elections. If the laws don’t work, and the elected representatives don’t get it, replace them.
  • Jury box: If no public representatives get it, neither the elected nor those available to elect, the second to last line of defense is the judicial system, which can overturn laws that go against the most fundamental rights.
  • Ammo box: If the system has been so thoroughly corrupted that the entire establishment is acting as one, and it is not possible to change the laws to safeguard fundamental liberties, then only one option remains.

Think about this while keeping in mind the lessons of SOPA:

  • Our soap box is being taken away on the internet using anti-piracy and anti-child-predator laws so badly written that once passed, they can be used to ‘disappear’ any voice on the internet the government does not like – at the same time as anti-terrorism laws coupled with classifying even non-violent protesters as ‘low-grade terrorists’  and the rise of anti-blasphemy legislation is stripping our rights to speak our minds in public.
  • Our ballot box has been made irrelevant:  the political process has been so twisted that now, in order to get elected, governments are less reliant on the citizenry than they are on an ever-narrowing circle of corporate and special interests.  We, the regular people, no longer believe that it makes any difference whom we vote for, because all the politicians are responding to the needs of this circle,, not to the citizens.  THAT is why the voter turnouts are falling so rapidly:  ordinary people believe that the ballot box has been lost to irrelevance…
  • The Jury box:  that is where we are now!  We are now relying on the last of the checks and balances – the judiciary – to protect us.  But, if the above-linked ruling and the Austrian ruling against Elisabeth Sabaditsch-Wolff are any indication, we are quickly but surely loosing our third box, on both sides of the big pond!
  • Which inevitably leaves us with the very last box:  the ammo box…  This is not something I would like to see happen, but we must never forget that all our rights exist only as long as we are prepared to take up arms to defend them…which is why there is such a direct link between how oppressive a government is and how much it wishes to disarm its citizens.

So, how did we get from the GoDaddy boycott to taking up arms in defense of our innate rights?

GoDaddy has highlighted just how close we are to having lost our first three boxes.

It has highlighted just how high the stakes are.

It has shown us just how hard we have to fight so that our society does not devolve to that fourth box!

The 2011 year roundup from Michael Geist

Michael Geist takes a look at technology laws in 2011 from A to Z.

Readers of this blog may be familiar with some, like:

“B is for Baglow v. Smith, an Ontario Superior Court decision which ruled that comments on a blog should not necessarily give rise to a claim in defamation, when the person alleging defamation has a right of reply in the same blog.”

Well worth bookmarking for future reference…

The power of your fingertips

Improving the internet, one click at a time!

GoDaddy is a company that hosts domain names.  (If you have trouble remembering them, their most memorable ads show Danica Patrick, a race car driver, claiming she is a ‘GoDaddy girl’.)  GoDaddy also vocally suported SOPA – the oppressive Stop Online Piracy Act  that would not only give the US government unprecedented warantless surveilance powers but would also extend their legal reach far beyond their borders, violationg (among others) Canadian territorial jurisdiction.

(Yes, SOPA would actually give the US government the power to warantlessly monitor all internet communication in domains within the North American sector, including all internal emails of the Canadian government.  And that is just the tip of the proverbial ice-berg…  It is being presented as a copyright protection act, but the way it is written will do little to protect copyright while givving unprecedented tools of oppression into the hands of US government and select large corporations.)

So, GoDaddy says it could not understand why good, law-abiding people would not support SOPA…

Reddit was not impressed:  SOPA will definitely cause injury to the online community – so adding an insult to it did not strike Reddit as cricket.  They called for a boycot of GoDaddy and advocated that people move their domains to other sites.

The news spread through the online community like wildfire!

Immediatelly, these ‘other sites’ publicly announced their opposition to SOPA – and began offering ‘special deals’ for domains being moved from GoDaddy to themselves.

GoDaddy has announced that it no longer supports SOPA…

Is it a case of too little, too late?

It is nice to see that regular people can indeed have an impact.

And let’s hope the anti-SOPA momentum keeps building!