Showing posts with label Internet freedom. Show all posts
Showing posts with label Internet freedom. Show all posts

Tuesday, October 8, 2013

Freedom in Decline: Internet Access Is Increasingly Monitored, Limited


New study surveys the whole wide world on the world wide web.

Daffany Chan -  Take Part
 

Turns out your Facebook friends aren’t the only ones catching up on your status updates.

Global Internet freedom has been on the decline with the increase of social-media surveillance by governments around the world, according to a recent study published by Freedom House.

Authoritarian states like Vietnam and Ethiopia experienced the worst new restrictions: The two countries saw increasing free speech limits, arrests, and punishments for anti-authority bloggers.

Perhaps unsurprisingly, Syria was deemed the “most dangerous place for online reporters,” as approximately 20 were killed there in the past year alone.

The study measured each country’s level of online freedom, creating a ranking based on findings from field visits and consultations from over 70 local experts and representatives.

It wasn’t only the undemocratic nations where online speech protection went down the drain. Following India’s recent civil unrest and riots, the nation suffered from severe governmental blocking and filtering of social content.

And though it may seem like Internet use has become a complete free-for-all in the United States—with provocative viral videos and tweets overrunning the web—the country faced a significant decline, too. This is in large part due to NSA’s tightened surveillance on the public for intelligence and counterterrorism efforts. The study draws a grim portrait about the state of global web rights. But there’s a silver lining: The threat of restriction is resulting in growing civil activism.

Friday, March 22, 2013

The Ugly Truth Behind Obama’s Cyber-War

Net Intrusion
by ALFREDO LOPEZ


Last week, a top U.S. government intelligence official named James Clapper warned Congress that the threat of somebody using the Internet to attack the United States is “even more pressing than an attack by global terrorist networks”. At about the same time, Keith Alexander, the head of the National Security Agency, announced that the government is forming 13 teams to conduct an international “cyber offensive” to pre-empt or answer “Internet attacks” on this country.

This, as they say, means war.

Clapper issued his melodramatic assessment during an appearance before the Senate Intelligence Committee. As Director of National Intelligence, he testified jointly with the heads of the CIA and FBI as part of their annual “Threat To the Nation” assessment report.

While undoubtedly important, these “threat assessment” appearances are usually a substitute for sleeping pills. The panel of Intelligence honchos parades out a list of “threats” ranked by a combination of potential harm and probability of attack. Since they began giving this report (shortly after 9/11), “Islamic fundamentalist terrorist networks” have consistently ranked number one. Hence the sleep-provoking predictability of it all.

But Clapper’s ranking of “cyber terrorism” as the number one threat would wake up Rip Van Winkle.

“Attacks, which might involve cyber and financial weapons, can be deniable and unattributable,” he intoned. “Destruction can be invisible, latent and progressive.” After probably provoking a skipped heartbeat in a Senator or two, he added that he didn’t think any major attack of this type was imminent or even feasible at this point.

So why use such “end of the world” rhetoric to make a unfeasible threat number one?

The answer perhaps was to be found in the House of Representatives where, on that same day, Gen. Alexander was testifying before the Armed Services Committee about, you got it, “cyber-war”.

Besides being head of the NSA, Alexander directs the United States Cyber Command. I’m not joking. Since 2010, the United States military has had a “Cyber Command”, comprised of a large network of “teams” some of whose purpose is to plan and implement what he called “an offensive strategy”.

Up to now, the Obama Adminstration’s stated policy has been to prioritize protection and defense of its own Internet and data systems and, unsurprisingly, those of U.S. corporations. Now we realize that the President has been cooking another dish on the back burner. When these military leaders talk about “offensive strategy”, they mean war and in warfare, the rules change and warriors see democracy as a stumbling block at least and a potential threat at worst.
Is there a “cyber threat”? Sure, just like there’s a “personal security threat” at your front door. You live among other humans and a few of them sometimes rob people. The Internet is a neighborhood of two billion people in constant communication. To do what it was developed to do, it has to be an open, world-wide communications system and so people can exploit that by harming your website or stealing your data if you don’t protect these things adequately. Developing protections is part of what technologists in every setting, including government services, do every day and they do it well, minimizing the incidence of an on-line hack.

That’s contemporary society. You lock the door to your house, turn on your car alarm on and protect your computer’s data. Most of the time it’s unnecessary but you do it for those rare occasions that it might be called for.

You do not, however, break into a thief’s home, kill him or her and wipe out everyone in the house. That’s what President Obama is proposing. No longer is this Administration interested in just “protection of data”; it now plans to pre-emptively attack data operations and Internet systems in other countries. The non-euphemistic term for this kind of “offensive strategy” is hacking and hacking takes two forms: data theft and disruption of service. In other words, the government plans to do what it throws people in jail for doing.

Clearly, this isn’t only about data theft or service disruption. It’s entwined with the political conflicts Washington has with other countries like China and Iran. The Internet is now another battlefield and this offensive strategy gives our government another weapon in its ceaseless war on the world.

While this weapon might sound benign, almost game-like, compared to other military adventures, it is actually a vicious and punishing strategy promising a festival of unavoidable collateral damage.

A “cyber offensive” can target just about anything in a country (like the computers running an Iranian power plant) and, depending on how the Internet systems are inter-connected, almost automatically cut service to people, schools, hospitals, security services and governments themselves. This is the digital version of nuclear warfare, horrific for its impact and its fundamental immorality.

When the announcements were made, the mainstream media flew into a frenzy of evaluation and analysis. Is this cyber threat real, commentators asked? Most of them found that, at this point, it isn’t. But that’s not the point and it isn’t the real threat.

The carefully planned and coordinated Clapper/Alexander testimony provides a pretext for the array of repressive Internet-governing laws, strategies and programs the Administration already has in place. Their purpose is a ratcheting control of the Internet by the government, a redefinition of our constitutional rights and the eviscerating of our, and the world’s, freedoms. Now, with this “cyber war” scenario, these measures can be more easily defended and made permanent.

We can group those laws and programs into three categories.

1 - ”Extreme Data Collection”

The Obama Administration is building a huge data center in Bluffdale, Utah whose role is to capture and store all data everyone in this country (and most of the world) transmits. You read that right.

“Flowing through its servers and routers and stored in near-bottomless databases will be all forms of communication,” wrote James Bamford in Wired Magazine, “including the complete contents of private emails, cell phone calls, and Google searches, as well as all sorts of personal data trails — parking receipts, travel itineraries, bookstore purchases, and other digital ‘pocket litter.’”

While having your entire on-line life tracked and stored in Utah is pretty creepy, the more pressing issue is how government officials plan to use this data and how they are collecting it. To mine its value, they need to order it to make searches, filtering and lists possible. You need a strategy and while Obama officials have been pretty open about what they’re building, they are closed-mouth about what they intend to do with it.

We know they are working hard on developing code-breaking technology which would allow them to read data which is super-encrypted, the last wall of privacy and protection we have. We also know that, to get this data, they have a remarkable system of surveillance that includes direct capture (capturing data from your on-line sessions), satellite surveillance and the tapping (through easily available data captures) of major information gatherers like Google and Yahoo. The fact that they plan to open this center in September, 2013 means that the intense surveillance and data gathering is in place. You are now never alone.

This is the kind of information on “the enemy” they need in a cyber-war but this information is about us and so the question pertains: who is the enemy here?

2 - “Internet Usage Restriction”

If you’re conducting a war, you can’t have people running around the battlefield trading information and distributing it because, after all, you need secrecy. But collecting and distributing information is entirely what the Internet is about.

No reasonable person expects the entire shut-down of the Internet but the curtailment of on-line expression is now happening and getting worse, re-defining the meaning of free speech and making it an embattled concept.

Under the law, for instance, any corporation or individual can claim you are violating their copyright and demand you remove offending material from a website. You can challenge and litigate that but it doesn’t really matter because, under the Digital Millenium Copyright Act your web hosting service faces huge penalties if they keep the site on-line and the copyright violation is proven. So, to avoid the legal fees and the risk, they’ll just wipe your website. This happens all the time.

If the hosting service stands strong — as some progressive providers do — the people claiming the violation will just go “upstream” to the company that provides your web hosting service’s connection to the Internet and, to avoid legal problems, that “upstream provider” will just unplug the server. Servers host many websites, sometimes in the hundreds, and other services and so not only do you lose your site but everyone else on the server has theirs taken off-line. And this happens without even going in front of a judge.

Sure, there is still robustly exercised “freedom of speech” on the Internet. But the laws are in place to curtail it and, if the government wants, it can (and will) curtail. It’s a modern-day version of benevolent dictatorship which can, as history demonstrates, become pretty darn malevolent pretty fast.

3 — “Selective Repression”

There are hundreds of criminal cases against Internet activists world-wide right now and scores in the United States. The ones most of us are most familiar with, those involving Aaron Swartz and Bradley Manning, are only the tip of the frightening iceberg.

A day after the testimony before Congress, for example, federal authorities announced the case of a techie named Matthew Keys . Keys, who worked for a tv station in Los Angeles owned by the Tribune Company, is accused of leaking a username and password to an activist from the well-known hacker organization Anonymous. Authorities say the Anonymous activist used that user/password combo to satirically alter a headline on the website of the Tribune-owned Los Angeles Times.

Keys is now charged with conspiracy to transmit information to damage a protected computer; transmitting information to damage a protected computer and attempted transmission of information to damage a protected computer. Each count carries a 10 year jail sentence, three years of supervised release and a fine of $250,000. For giving someone who changed a headline a username and password!

Last year, we at May First/People Link were raided by the FBI which literally stole a server from one of our server installations in New York City. They were investigating terroristic emails from some lunatic to people at the University of Pittsburgh and the dozens of servers this bozo used included one of ours. We have some anonymous servers which means there are no records of who used them, no traces…no information about the person sending the email; it’s to protect whistle-blowers and others needing total anonymity.

The FBI knew this but they stole the server anyway and then, about a week later, put it back. They never informed us of any of this. We found out because one of our techies went into the server installation and found one of the servers gone and installed a hidden camera which caught the agents when they returned the machine.

If all these developments seem disturbing to you, that’s justified. These repressive and intrustive measures target the very essence and purpose of the Internet. Created as a way for people to communicate with each other world-wide, this marvel of human interaction is now being turned into a field across which countries shoot programming bombs at each other while repressing and even punishing ordinary people’s communication: dividing us, perpetuating the feeling of loneliness that’s a constant in today’s societies and crippling the struggles for change that combat the division and loneliness and depend on the Internet to do it.

The Internet’s true purpose is to bring the world’s people closer to each other. The Obama Administration is doing just the opposite. It would advisable for those of us who have consistently opposed and fought against wars of all kinds to view this “cyber war” as an equally dangerous and destructive threat.

Tuesday, February 19, 2013

Meet the New CISPA. Same as the Old CISPA.

Monday, February 18, 2013 by Save the Internet
by Josh Levy

Last year, thanks to a public outcry, the effort to pass overreaching cybersecurity legislation stalled in the Senate. Now supporters have reintroduced the House version of that legislation — the Cyber Intelligence Sharing and Protection Act (CISPA).

The “new” version is in fact identical to the original CISPA — and poses the same threat to our digital civil liberties and our freedom to connect online.

Here’s what we had to say about CISPA last April:
CISPA would allow companies and the government to bypass privacy protections and share all sorts of information about what Americans do online. The legislation makes it far easier for authorities and private companies to spy on your email traffic, comb through your mobile texts, filter your online content and even block access to popular websites.

The new CISPA — just like the old CISPA — would protect companies like Facebook and Microsoft from legal liability when they hand over your sensitive online data to the federal government, without any regard for your privacy. The bill would permit the government — including the National Security Agency and the Department of Homeland Security — to use that information for matters that have nothing to do with cybersecurity. The whole process would, of course, take place behind closed doors, with no accountability to the public.

Last year’s activism succeeded in improving a similar bill in the Senate, before that bill ultimately failed to move forward. At the time, President Obama vowed to veto any destructive CISPA-like bill that reached his desk.

This time around, for a number of reasons — including changes in Obama’s staff and shifting political dynamics — it’s unclear if the president would once again commit to vetoing CISPA. So if this “new” bill goes farther than it did last time around, we simply don’t know what will happen.

If CISPA becomes law, it will be a major blow to our online privacy. But more than that, CISPA’s passage would have a chilling effect on our freedom to connect online. We won’t feel as free to state unpopular opinions, or to speak truth to power, if we know that Big Brother is getting a feed of everything we say and do.

This is not what the free and open Internet is about. We need to bury this bill for good.

Monday, February 4, 2013

Congress Will Battle Over Internet Privacy in 2013

Saturday, February 2, 2013 by Deeplinks Blog / EFF  
by Mark M. Jaycox

Last year, we saw more battles in Congress over Internet freedom than we have in many years as user protests stopped two dangerous bills, the censorship-oriented SOPA, and the privacy-invasive Cybersecurity Act of 2012. But Congress ended the year by ramming through a domestic spying bill and weakening the Video Privacy Protection Act.

In 2013, Congress will tackle several bills—both good and bad—that could shape Internet privacy for the next decade. Some were introduced last year, and some will be completely new. For now, here's what's ahead in the upcoming Congress:

Reforming Draconian Computer Crime Law

The Computer Fraud and Abust Act (CFAA), was one of the key laws the government used in its relentless and unjust prosecution of Aaron Swartz. Zoe Lofgren has proposed "Aaron's Law," which ensures that breaking a terms of service or other contractual obligation does not amount to a CFAA violation. Lofgren's reforms are a terrific start and will be introduced in Congress over the coming weeks. EFF has also proposed revisions to Lofgren's language and overall reform to the CFAA that reduces the draconian penalties and clarifies key definitions in the statute. The proposed reforms will go a long way in preventing a similar situation from happening to a freedom fighter like Aaron again. It's unclear where the language stands in the Senate, but Senators like Ron Wyden have voiced support for Lofgren's bill and should take up CFAA reform. You can take action and email your members of Congress to tell them to support reform of the Computer Fraud and Abuse Act here.

Update to the Electronic Communications Privacy Act (ECPA)

Once again, the 113th Congress will try to update the archaic Electronic Communications Privacy Act. The law, which was passed in 1986, lays out procedures for when the government can obtain your private electronic messages, like email or Facebook messages, from service providers. ECPA states that the government doesn’t need a warrant for emails when they are older than 180 days—even though the Sixth Circuit held that this “180-day rule” violates the Fourth Amendment. Despite the ruling, the Justice Department continues to argue that the DOJ does not have to obtain a warrant.

Last Congress Senator Leahy successfully moved the Senate Judiciary Committee to approve an ECPA amendment mandating warrants for all private electronic communications, but the bill didn’t get to the full Senate. This year, both Senator Leahy and House Reps. Goodlatte and Lofgren will introduce similar legislation to ensure that the same protections that apply to physical private messages also apply to virtual private messages.

Congress should take the lead from the courts and move the legislation forward.

Restricting Government and Corporate Use of your Cell Phone GPS Info

Updating ECPA is also about protecting users geolocation information, especially after the Supreme Court’s decision in the GPS case, United States v. Jones. Senator Wyden and Rep. Chaffetz's GPS Act mandates that the government obtain a warrant before it seeks a user's geolocation information. Currently, the government can obtain such information without a warrant or probable cause, which is something the government has done at a staggering rate.

But the government isn't the only entity spying on cell phone users. Over and over, users are learning the hard way that private companies surreptitiously collect information from users' mobile devices and often share that data with unknown third parties. That's why Congressmen like Rep. Markey and Senator Franken introduced legislation last Congress that requires clear notification and disclosures when a company collects and shares user information with third parties. Both Congressmen plan to reintroduce and move the legislation forward in the 113th Congress.

Cybersecurity Legislation

Congressmen are also girding for another fight on Cybersecurity. Along with more warnings of an upcoming "cyber-Pearl Harbor," Congressmen named cybersecurity a priority in 2013 and are planning to reintroduce a new version of an “information sharing” cybersecurity bill called CISPA, which as EFF described at the time, carved a giant and vague “cybersecurity” loophole into all US privacy laws, while alsogranting new powers and legal immunity to companies.

The Internet community helped defeat the Cybersecurity legislation and Congress needs to craft any new bill with the utmost concern for privacy.

FBI Silent About Wanting To “Back Door" the Web

Lastly, there are rumors that the Obama Administration will propose a new Internet surveillance law, which will expand the Communications Assistance to Law Enforcement Act (CALEA), which forces telephone companies to build wiretap-friendly backdoors into all their technology—but not social networks and other web-based communications services.In 2005, the FBI pushed the FCC to rule that VOIP and "facilities-based internet access providers" had to abide by CALEA requirements. Now they want even more power. This expansion is in spite of the fact that the FBI has yet to respond adequately to EFF's FOIA lawsuit seeking records that would justify the need to expand federal surveillance laws, given they have a myriad of ways to get such data already (Google’s transparency report shows the government requests for user data is skyrocketing).

The White House and the FBI have not released what is in the proposed legislation, but one report states the FBI wants to require Internet companies, like Google, Facebook, and Twitter to build the same type of backdoors for real-time government surveillance. This would not only create a huge Internet security problem, making the Internet less safe just as Congress pushes for a cybersecurity bill, but threatens basic privacy on the web.

The potential for the 113th Congress to introduce backwards bills like CISPA and CALEA is great. But Congress, and especially new members, should take note of the Internet community's strong—and successful—opposition to bills like SOPA.

It's time to curry favor with everyday constituents, and not with giant corporations or overreaching law enforcement.

Monday, January 14, 2013

The Inspiring Heroism of Aaron Swartz






Sunday, January 13, 2013 by The Guardian/UK
The internet freedom activist committed suicide on Friday at age 26, but his life was driven by courage and passion
by Glenn Greenwald

Aaron Swartz, the computer programmer and internet freedom activist, committed suicide on Friday in New York at the age of 26. As the incredibly moving remembrances from his friends such as Cory Doctorow and Larry Lessig attest, he was unquestionably brilliant but also - like most everyone - a complex human being plagued by demons and flaws. For many reasons, I don't believe in whitewashing someone's life or beatifying them upon death. But, to me, much of Swartz's tragically short life was filled with acts that are genuinely and, in the most literal and noble sense, heroic. I think that's really worth thinking about today.

At the age of 14, Swartz played a key role in developing the RSS software that is still widely used to enable people to manage what they read on the internet. As a teenager, he also played a vital role in the creation of Reddit, the wildly popular social networking news site. When Conde Nast purchased Reddit, Swartz received a substantial sum of money at a very young age. He became something of a legend in the internet and programming world before he was 18. His path to internet mogul status and the great riches it entails was clear, easy and virtually guaranteed: a path which so many other young internet entrepreneurs have found irresistible, monomaniacally devoting themselves to making more and more money long after they have more than they could ever hope to spend.

But rather obviously, Swartz had little interest in devoting his life to his own material enrichment, despite how easy it would have been for him. As Lessig wrote: "Aaron had literally done nothing in his life 'to make money' . . . Aaron was always and only working for (at least his conception of) the public good."

Specifically, he committed himself to the causes in which he so passionately believed: internet freedom, civil liberties, making information and knowledge as available as possible. Here he is in his May, 2012 keynote address at the Freedom To Connect conference discussing the role he played in stopping SOPA, the movie-industry-demanded legislation that would have vested the government with dangerous censorship powers over the internet.

Critically, Swartz didn't commit himself to these causes merely by talking about them or advocating for them. He repeatedly sacrificed his own interests, even his liberty, in order to defend these values and challenge and subvert the most powerful factions that were their enemies. That's what makes him, in my view, so consummately heroic.

In 2008, Swartz targeted Pacer, the online service that provides access to court documents for a per-page fee. What offended Swartz and others was that people were forced to pay for access to public court documents that were created at public expense. Along with a friend, Swartz created a program to download millions of those documents and then, as Doctorow wrote, "spent a small fortune fetching a titanic amount of data and putting it into the public domain." For that act of civil disobedience, he was investigated and harassed by the FBI, but never charged.

But in July 2011, Swartz was arrested for allegedly targeting JSTOR, the online publishing company that digitizes and distributes scholarly articles written by academics and then sells them, often at a high price, to subscribers. As Maria Bustillos detailed, none of the money goes to the actual writers (usually professors) who wrote the scholarly articles - they are usually not paid for writing them - but instead goes to the publishers.

This system offended Swartz (and many other free-data activists) for two reasons: it charged large fees for access to these articles but did not compensate the authors, and worse, it ensured that huge numbers of people are denied access to the scholarship produced by America's colleges and universities. The indictment filed against Swartz alleged that he used his access as a Harvard fellow to the JSTOR system to download millions of articles with the intent to distribute them online for free; when he was detected and his access was cut off, the indictment claims he then trespassed into an MIT computer-wiring closet in order to physically download the data directly onto his laptop.

Swartz never distributed any of these downloaded articles. He never intended to profit even a single penny from anything he did, and never did profit in any way. He had every right to download the articles as an authorized JSTOR user; at worst, he intended to violate the company's "terms of service" by making the articles available to the public. Once arrested, he returned all copies of everything he downloaded and vowed not to use them. JSTOR told federal prosecutors that it had no intent to see him prosecuted, though MIT remained ambiguous about its wishes.

But federal prosecutors ignored the wishes of the alleged "victims". Led by a federal prosecutor in Boston notorious for her overzealous prosecutions, the DOJ threw the book at him, charging Swartz with multiple felonies which carried a total sentence of several decades in prison and $1 million in fines.

Swartz's trial on these criminal charges was scheduled to begin in two months. He adamantly refused to plead guilty to a felony because he did not want to spend the rest of his life as a convicted felon with all the stigma and rights-denials that entails. The criminal proceedings, as Lessig put it, already put him in a predicament where "his wealth [was] bled dry, yet unable to appeal openly to us for the financial help he needed to fund his defense, at least without risking the ire of a district court judge."

To say that the DOJ's treatment of Swartz was excessive and vindictive is an extreme understatement. When I wrote about Swartz's plight last August, I wrote that he was "being prosecuted by the DOJ with obscene over-zealousness". Timothy Lee wrote the definitive article in 2011 explaining why, even if all the allegations in the indictment are true, the only real crime committed by Swartz was basic trespassing, for which people are punished, at most, with 30 days in jail and a $100 fine, about which Lee wrote: "That seems about right: if he's going to serve prison time, it should be measured in days rather than years."

Nobody knows for sure why federal prosecutors decided to pursue Swartz so vindictively, as though he had committed some sort of major crime that deserved many years in prison and financial ruin. Some theorized that the DOJ hated him for his serial activism and civil disobedience. Others speculated that, as Doctorow put it, "the feds were chasing down all the Cambridge hackers who had any connection to Bradley Manning in the hopes of turning one of them."

I believe it has more to do with what I told the New York Times' Noam Cohen for an article he wrote on Swartz's case. Swartz's activism, I argued, was waged as part of one of the most vigorously contested battles - namely, the war over how the internet is used and who controls the information that flows on it - and that was his real crime in the eyes of the US government: challenging its authority and those of corporate factions to maintain a stranglehold on that information. In that above-referenced speech on SOPA, Swartz discussed the grave dangers to internet freedom and free expression and assembly posed by the government's efforts to control the internet with expansive interpretations of copyright law and other weapons to limit access to information.

That's a major part of why I consider him heroic. He wasn't merely sacrificing himself for a cause. It was a cause of supreme importance to people and movements around the world - internet freedom - and he did it by knowingly confronting the most powerful state and corporate factions because he concluded that was the only way to achieve these ends.

Suicide is an incredibly complicated phenomenon. I didn't know Swartz nearly well enough even to form an opinion about what drove him to do this; I had a handful of exchanges with him online in which we said nice things about each other's work and I truly admired him. I'm sure even his closest friends and family are struggling to understand exactly what caused him to defy his will to live by taking his own life.

But, despite his public and very sad writings about battling depression, it only stands to reason that a looming criminal trial that could send him to prison for decades played some role in this; even if it didn't, this persecution by the DOJ is an outrage and an offense against all things decent, for the reasons Lessig wrote today:
"Here is where we need a better sense of justice, and shame. For the outrageousness in this story is not just Aaron. It is also the absurdity of the prosecutor's behavior. From the beginning, the government worked as hard as it could to characterize what Aaron did in the most extreme and absurd way. The 'property' Aaron had 'stolen', we were told, was worth 'millions of dollars' — with the hint, and then the suggestion, that his aim must have been to profit from his crime. But anyone who says that there is money to be made in a stash of ACADEMIC ARTICLES is either an idiot or a liar. It was clear what this was not, yet our government continued to push as if it had caught the 9/11 terrorists red-handed.

"A kid genius. A soul, a conscience, the source of a question I have asked myself a million times: What would Aaron think? That person is gone today, driven to the edge by what a decent society would only call bullying. I get wrong. But I also get proportionality. And if you don't get both, you don't deserve to have the power of the United States government behind you.

"For remember, we live in a world where the architects of the financial crisis regularly dine at the White House — and where even those brought to 'justice' never even have to admit any wrongdoing, let alone be labeled 'felons'."

Whatever else is true, Swartz was destroyed by a "justice" system that fully protects the most egregious criminals as long as they are members of or useful to the nation's most powerful factions, but punishes with incomparable mercilessness and harshness those who lack power and, most of all, those who challenge power.

Swartz knew all of this. But he forged ahead anyway. He could have easily opted for a life of great personal wealth, status, prestige and comfort. He chose instead to fight - selflessly, with conviction and purpose, and at great risk to himself - for noble causes to which he was passionately devoted. That, to me, isn't an example of heroism; it's the embodiment of it, its purest expression. It's the attribute our country has been most lacking.

I always found it genuinely inspiring to watch Swartz exude this courage and commitment at such a young age. His death had better prompt some serious examination of the DOJ's behavior - both in his case and its warped administration of justice generally. But his death will also hopefully strengthen the inspirational effects of thinking about and understanding the extraordinary acts he undertook in his short life.


UPDATE

From the official statement of Swartz's family:
"Aaron's death is not simply a personal tragedy. It is the product of a criminal justice system rife with intimidation and prosecutorial overreach. Decisions made by officials in the Massachusetts US Attorney's office and at MIT contributed to his death. The US Attorney's office pursued an exceptionally harsh array of charges, carrying potentially over 30 years in prison, to punish an alleged crime that had no victims. Meanwhile, unlike JSTOR, MIT refused to stand up for Aaron and its own community's most cherished principles."

This sort of unrestrained prosecutorial abuse is, unfortunately, far from uncommon. It usually destroys people without attention or notice. Let's hope - and work to ensure that - the attention generated by Swartz's case prompts some movement toward accountability and reform.

Monday, April 16, 2012

Google: Internet Freedom Faces Greatest Threat Ever


In an interview published today, Google Co-founder Sergey Brin told The Guardian that internet openness and universal access are under immediate attack by "very powerful forces that have lined up against the open internet on all sides and around the world".

"I am more worried than I have been in the past," he said. "It's scary."

The threat to the internet comes "from a combination of governments increasingly trying to control access and communication by their citizens, the entertainment industry's attempts to crack down on piracy, and the rise of 'restrictive' walled gardens such as Facebook and Apple, which tightly control what software can be released on their platforms," The Guardian reports.

In the interview Brin alludes to the reach of the US government, telling how Google is forced to hand over data and is restricted from notifying users that their privacy has been breached.

* * *

The Guardian: Web freedom faces greatest threat ever, warns Google's Sergey Brin
Brin said he and co-founder Larry Page would not have been able to create Google if the internet was dominated by Facebook. "You have to play by their rules, which are really restrictive," he said. "The kind of environment that we developed Google in, the reason that we were able to develop a search engine, is the web was so open. Once you get too many rules, that will stifle innovation."
He criticised Facebook for not making it easy for users to switch their data to other services. "Facebook has been sucking down Gmail contacts for many years," he said. [...]
He reserved his harshest words for the entertainment industry, which he said was "shooting itself in the foot, or maybe worse than in the foot" by lobbying for legislation to block sites offering pirate material.
He said the SOPA and PIPA bills championed by the film and music industries would have led to the US using the same technology and approach it criticised China and Iran for using. The entertainment industry failed to appreciate people would continue to download pirated content as long as it was easier to acquire and use than legitimately obtained material, he said. [...]
Brin acknowledged that some people were anxious about the amount of their data that was now in the reach of US authorities because it sits on Google's servers. He said the company was periodically forced to hand over data and sometimes prevented by legal restrictions from even notifying users that it had done so.

Tuesday, March 6, 2012

US gov't claims right to seize any .com domain

By Andrew Couts | Digital Trends

If your domain ends in .com, the United States government says it has the right to seize it from your control, reports Wired. The same goes for any URL that ends in .net, .cc, .tv, .name, and .org.

This troubling declaration of power comes after US authorities shutdown the online sports gambling site Bodog.com last week — even though the website was owned by a Canadian company, which many assumed put it outside of US jurisdiction. Not so, apparently. That’s because the only company allowed to issue new .com domains is VeriSign, which is based — you guessed it — in the US.

According to a spokesperson for the department of Immigration and Customs Enforcement (ICE), anytime the US government wants to take down a .com, .net, .tv, or .name domain, all it has to do is issue a court order to VeriSign, which quickly complies. The same process applies to the Public Interest Registry, which controls the .org top-level domain.

VeriSign, for its part, argues that it is simply obeying the law.

“VeriSign responds to lawful court orders subject to its technical capabilities,” the company said in a statement. “When law enforcement presents us with such lawful orders impacting domain names within our registries, we respond within our technical capabilities.”

The seizure of Bodog is an extension of a government initiative called Operation in Our Sites, which launched in June 2010, and has mainly focused on the seizure of US-based domains hocking counterfeit NFL jerseys, and other knockoff goods. As of November of last year, Operation in Our Sites had successfully seized 352 domains. And it obviously doesn’t look like they plan to stop anytime soon.

There a few reasons this brazen flaunting of power is troubling. First, it suggests that the federal government plans to impose its authority on a wider swath of the Web. Second, it shows that while the Internet is a global service, it is still at the mercy of the US government and US law. Online gambling, for instance, isn’t illegal in all countries that have Internet access. And yet Bodog was shut down simply because US citizens could access it.

Finally, the federal government’s apparent determination to assert its authority on the Web should serve as a wake up call to anyone who thinks that the temporary defeat of SOPA and PIPA marked the end of the fight for Internet freedom. It didn’t. It marked the beginning.

Thursday, January 26, 2012

ACTA: The Seldom Heard of International Treaty That Could Affect Internet Freedom

Wednesday, January 25, 2012 by Common Dreams
US among countries that have already signed ACTA


While there was  to online anti-piracy bills -- SOPA in the House and the PIPA in the Senate -- ACTA, the Anti-Counterfeiting Trade Agreement, has received scant media attention yet poses a tremendous threat to online freedom.

RT reports on how the ACTA treaty will work:

Under this new treaty, Internet Service Providers will police all data passing through them, making them legally responsible for what their users do online. And should you do something considered "breach of copyright" like, for instance, getting a tattoo of a brand logo, taking a photo and posting it somewhere, you may be disconnected from the Internet, fined or even jailed.
This, of course, threatens the entire founding idea of the Internet – the free sharing of information. But ACTA doesn't stop there. It goes beyond the Internet, bearing down on generic drugs and food patents. If passed, ACTA will enforce a global standard for seed patenting, which would wipe out independent, local farmers and make the world completely dependent on the patent owners (read "big corporations") for supplies.
TheRevolutionIsNow offers this video analysis of the treaty:

While protests were able to pressure officials from moving forward with the SOPA and PIPA bills, President Obama already signed ACTA months ago. The International Business Times reports:
ACTA, on the other hand, was already signed by the United States on Oct. 11, 2011, and Obama was not required to attain the approval of any outside authority to do so: not the Congress, not the Supreme Court, and not the American public.
Now that it has been signed, the legislative and judicial branches of the U.S. government also have little ability to challenge or amend the treaty, and Americans will be subject to a whole new scheme of laws, restrictions and regulations that could have them facing fines or jail through a process that would likely exist entirely outside the scope of the American justice system.
And Wired.co.uk reports:
It has been negotiated, mostly in secret, between various countries and the EU over the last four years. Many states have already signed up for Acta, well before the widespread web furore over Sopa. So far, Canada, Japan, Korea, Morocco, New Zealand, Singapore and the US have all signed up to Acta. The European Union, Mexico and Switzerland have supported the treaty and shown a commitment to signing it in the future. Acta was slipped through the European Council in an agriculture and fisheries meeting in December. Some of its more aggressive language has been removed from more recent iterations of the treaty, particularly concerning "disconnection of internet access". It is expected to be signed by the EU on Thursday, before the European Parliament has a chance to vote on it.
Echoing protests last week when many sites "went black" in protest of SOPA and PIPA,Agence France-Presse reports that close to 100 websites in Poland went black Tuesday in protest of their country's plan to sign ACTA.
So who supports this far-reaching treaty? Wired.co.uk reports:
Acta is supported by major copyright holders including pharmaceutical companies, movies studios and record labels. Lobbying organisations include GlaxoSmithKline, Pfizer, Sanofi-Aventis, Monsanto Company, Time Warner, Sony, Verizon, The Walt Disney Company, the Motion Picture Association of America, News Corporation, and Viacom. It looks like the European Commission supports it but the European Parliament are unanimously against it.

Friday, January 13, 2012

The Author of SOPA Is a Copyright Violator




By Jamie Lee Curtis Taete, Digg.com
 
US Congressman and poor-toupee-color-chooser Lamar Smith is the guy who authored the Stop Online Piracy Act. SOPA, as I'm sure you know, is the shady bill that will introduce way harsher penalties for companies and individuals caught violating copyright laws online (including making the unauthorized streaming of copyrighted content a crime which you could actually go to jail for). If the bill passes, it will destroy the internet (for more info, go here).

I decided to check that everything on Lamar's official campaign website was copyright-cleared and on the level. Lamar is using several stock images on his site, two of which I tracked back to the same photographic agency. I contacted the agency to make sure he was paying to use them, but was told that it's very difficult for them to actually check to see if someone has permission to use their images. (Great news, copyright violators!) However, seeing as they're both from the same agency and are unwatermarked, it seems fairly likely that he is the only person on the entire internet who is actually paying to use a stock image (and he'd be an idiot not to).

So I took a look back at an archived, pre-SOPA version of his site.




This is a screenshot of his site as it appeared on the 24th of July, 2011.





And this is the background image Lamar was using. I managed to track that picture back to DJ Schulte, the photographer who took it.

And whaddya know? Looks like someone forgot to credit him.

I contacted DJ, to find out if Lamar had asked permission to use the image and he told me that he had no record of Lamar, or anyone from his organization, requesting permission to use it: "I switched my images from traditional copyright protection to be protected under the Creative Commons license a few years ago, which simply states that they can use my images as long as they attribute the image to me and do not use it for commercial purposes.

"I do not see anywhere on the screen capture that you have provided that the image was attributed to the source (me). So my conclusion would be that Lamar Smith's organization did improperly use my image. So according to the SOPA bill, should it pass, maybe I could petition the court to take action against www.texansforlamarsmith.com."

Sunday, November 20, 2011

Stop Online Piracy Act Can Be Used to Shut Down Legitimate Websites


By Madison Ruppert
End The Lie


The Stop Online Piracy Act, or SOPA, proposed in the House of Representatives, would put completely legitimate sites like countless alternative news outlets at risk of being shut down, along with literally any site that freely allows users to post content.That includes YouTube, Facebook, Twitter, WordPress, Blogger, Craigslist, Dropbox and literally any website or service that allows users to upload content.

The United States Attorney General can not only seek court orders against “foreign infringing sites,” meaning any website with a non-U.S. domain name, but can also demand that internet service providers (ISPs) would have to cut off access to the site by not resolving domain name requests.

If served with one of the Attorney General’s court orders, search engines would have to remove any links to the site, payment networks would have to stop all payments to the site from U.S. customers and advertising networks would be forced to stop serving advertisements about the website or for the website.

SOPA would require that within five days of receiving an allegation by a copyright holder, payment services and advertising networks would have to cut off all business with the site either U.S. based or foreign.


All the copyright holder has to do is allege that the site is “dedicated to the theft of property,” and if the payment provider and advertising networks don’t cease business within five days, the copyright holder can file a private lawsuit against the site compelling the payment service and others to cut off relations.

The Atlantic reports that the definition of “dedicated” in this bill “has little relation to common usage,” and in addressing the bill they characterize it as experts in the technical, operational, academic and research communities who are the leading domain name system (DNS) designers, operators, and researchers who have also published numerous peer-reviewed academic studies regarding the architecture and security of the DNS have pointed out (PDF), this will create major cybersecurity and other technical concerns that did not exist previously.

The above-linked technical whitepaper regarding the PROTECT IP Act also quite interestingly points out that the DNS filters could be easily circumvented, essentially making one of the biggest parts of the bill null and void.

The thing that the House and Senate don’t seem to realize is that there will always be online pirates and they will always find a way around whatever roadblocks are put in their way.
The issue is that this can and likely will be used to target important platforms for sharing information like YouTube and blog platforms like WordPress and Blogger.

All it would take is for a copyright holder to find one bit of infringing content and then it could very well be the end of the website, despite the massive amounts of legitimate content.
We must remember that major websites like YouTube and blog platforms are quite skilled and hasty when it comes to removing infringing content from their websites.

SOPA would also endanger the entire spirit of the internet which has pioneered social media and free expression, giving a platform to writers like myself who might otherwise be sidelined by the establishment media.

The following are companies that signed this letter which was written in support of the Stop Online Piracy Act, or SOPA, which is the House’s equivalent of the PROTECT IP Act, which I have previously exposed as China-style internet censorship on steroids.

1-800 Contacts, Inc.
1-800-PetMeds
2b1 Inc
3M Company
ABRO Industries, Inc.
Acushnet Company
adidas America
Advanced Medical Technology Association (AdvaMed)
Allen Russell Photograph
Alliance of Automobile Manufacturers
Alliance of Visual Artists (AVA)
Altria Client Services
American Apparel and Footwear Association
American Association of Independent Music (A2IM)
American Board of Internal Medicine
American Federation of Musicians
American Gramaphone LLC
American Made Alliance
American Mental Health Counselors Association
American Photographic Artists
American Society of Composers, Authors and Publishers (ASCAP)
American Society of Media Photographers
American Society of Picture Professionals
American Watch Association
Anatoly Pronin Photography
Andrea Rugg Photography
Anti-Counterfeiting and Piracy Initiative (ACAPI)
Applied DNA Sciences
Art Holeman Photography
Association of American Publishers (AAP)
Association of Equipment Manufacturers
Association of Independent Music Publishers (AIMP)
Association of Test Publishers
AstraZeneca plc
Australian Medical Council
Autodesk, Inc.
Automotive Aftermarket Industry Association
Baker & Taylor Ent.
Bay State Psychological Associates
Beachbody, LLC
Beam Global Spirits & Wine
Blue Sky Studios, Inc.
Bose Corporation
Braasch Biotech LLC
Brian Stevenson Photography
Brigid Collins Family Support Center
Broadcast Music, Inc. (BMI)
Burberry
C. F. Martin & Co., Inc.
Callaway Golf Company
Cascade Designs Incorporated
Caterpillar Inc.
Caveon, LLC
CBS Corporation
Cengage Learning
Center for Credentialing & Education
Center Stage Photography
CFA Institute
Chanel USA
Christopher Semmes Photography
Church Music Publishers Association
CMH Images
Coach
Coalition Against Counterfeiting and Piracy (CACP)
Columbia Sportswear Company
Comcast Corporation
Commercial Photo Design
Commercial Photographers International
Comprehensive Adult Student Assessment System
Consumer Healthcare Products Association
Copyright Alliance
Copyright Clearance Center (CCC)
Coty Inc.
Council of Fashion Designers of America
Country Music Association
CropLife America
Cross-Entertainment LLC
CSA Group
CVS Caremark
D’Addario & Company, Inc.
Dan Sherwood Photography
Danita Delimont Stock Photography
Dayco Products, LLC
Deluxe Entertainment Services Group
Dennyfoto
Derek DiLuzio Photography
DeVaul Photography
Direct Selling Association (DSA)
Directional Insight
Distefano Enterprises Inc.
Doriguzzi Photographic Artistry
Dolby Laboratories, Inc.
Dolce & Gabbana USA, INC.
Dollar General Corporation
Don Grall Photography
Dunford Architectural Photography
Eagle Rock Entertainment
Ed McDonald Photography
Educational & Industrial Testing Service
Electronic Arts, Inc.
Electronic Components Industry Association (ECIA)
Eli Lilly and Company
Englebert Photography
Entertainment Software Association (ESA)
ERAI, Inc.
Eric Meola Studio Inc
Evidence Photographers International Council
Ex Officio
Exxel Outdoors
FAME Publishing Co., LLC.
FAME Recording Studios
Far Bank Enterprises
Fashion Business Incorporated
Federation of State Boards of Physical Therapy
Fender Musical Instrument Company
Footwear Distributors & Retailers of America (FDRA)
Ford Motor Company
Fortune Brands, Inc.
Fred J. Lord Photography
GAR Associates
Gelderland Productions, L.L.C.
Gemvision Corporation
Gibson Guitar Corp.
GlaxoSmithKline
Gospel Music Association
Governors America Corp.
Graduate Management Admission Council
Graphic Artists Guild
Greeting Card Association (GCA)
Greg Nikas Photography
Guru Denim
H.S. Marketing & Design, Inc.
Harley-Davidson Motor Company
HarperCollins Publishers
Harry Fox Agency
Hastings Entertainment, Inc.
ICM Distributing Company, Inc.
IDS Publishing
IEC Electronics corp.
Images Plus
Imaging Supplies Coalition (ISC)
Independent Distributors of Electronics Association (IDEA)
INgrooves
Innate-gear
International AntiCounterfeiting Coalition (IACC)
International Trademark Association (INTA)
IPC-Association Connecting Electronics Industries
Ira Montgomery Photography
J.S. Grove Photography
James Drug Inc.
Jaynes Gallery
JCPage Photography
Jean Poland Photography
Jeff Stevensen Photography
John Fulton Photography
John Wiley & Sons, Inc.
Johnson & Johnson
Juicy Couture, Inc
Julien McRoberts Photography
K&R Photographics
kate spade
Kekepana International Services
Kenneth Garrett, photographer for National Geographic
Killing Jar Productions LLC
Lacoste USA
Leatherman Tool Group, Inc.
Lexmark International, Inc.
Light Perspectives
Linda Olsen Photography
Little Dog Records
Liz Claiborne, Inc
L’Oréal USA
Lucky Brand Jeans
LVMH Moët Hennessy Louis Vuitton
Macmillan
Major League Baseball
Marcia Andberg Associates LLC
Mark Niederman Photography
Marmot
Marona Photography
McLain Photography Inc
Merck & Co., Inc.
Messy Face Designs, Inc.
Michael Stern Photography
MicroRam Electronics, Inc.
Minter Works of Art
Mira Images
Monster Cable Products, Inc.
Moose’s Photos
Morningstar Films LLC
Motion Picture Association of America, Inc. (MPAA)
MotionMasters
Motor & Equipment Manufacturers Association
MPA – The Association of Magazine Media
Mr. Theodor Feibel (sole proprietor)
Music Managers Forum-U.S.
Nashville Songwriters Association International
Natalie Neckyfarow Actor/Dancer/Singer
National Association of Broadcasters
National Association of Manufacturers
National Association of Recording Merchandisers (NARM)
National Association of Theatre Owners (NATO)
National Basketball Association (NBA)
National Board for Certified Counselors
National Board for Certified Counselors Foundation
National Electrical Manufacturers Association (NEMA)
National Football League (NFL)
National Music Publishers’ Association (NMPA)
National Retail Federation (NRF)
NBCUniversal
Nervous Tattoo Inc., dba Ed Hardy
New Balance Athletic Shoe, Inc.
New Era Cap Co Inc
New Levels Ent. Co. LLC
News Corporation
Next Decade Entertainment, Inc.
NHL Enterprises, L.P.
Nicholas Petrucci, Artist, LLC
Nike, Inc.
Nintendo of America Inc.
Nissle Fine Art Photography
North Dakota Pharmacists Association
North Dakota Pharmacy Service Corporation
Oakley, Inc.
One Voice Recordings
OpSec Security, Inc.
Outdoor Industry Association
Outdoor Power Equipment Institute (OPEI)
Outdoor Research, Inc
Pacific Component Xchange, Inc.
Party Killer Films LLC
Pearson Clinical Assessment
Peavey Electronics Corporation
Perry Ellis International
Personal Care Products Council
Peter C. Brandt, Architectural and Fine Art Photography
Peter Hawkins Photography, Inc.
Petzl America
Pfizer Inc.
PGA of America
Philip Morris International
Photojournalist Dave Bartruff
Picture Archive Council of America (PACA)
Pigfactory Music
PING
PNW Images
Premier League
Production Music Association (PMA)
Professional Photographers of America
Quality Float Works, Inc.
Raging Waters Music
Ralph Lauren Corporation
Ramsay Corporation
Rebel Photo
Recording Industry Association of America (RIAA)
Red4 Music/Doogs Rock Inc
Red Wing Shoe Company
Reebok International Ltd.
Reed Elsevier Inc.
Retail Industry Leaders Association (RILA)
Revlon
Richard Flutie Photography
Rite Aid
Robin Davis Photography, Inc.
Rodger Scott Craig, a member of Liverpool Express, The Merseybeats, Fortune, Harlan
Cage, 101 South, and Mtunz Media
Roger Smith Photography Services
Rolex Watch USA Inc.
Romance Writers of America (RWA)
Rosetta Stone Inc.
Saddle Creek
Sage Studios LLC
Sam D’Amico Photography
Schneider Electric
Sean McGinty Photography
Secret Sea Visions (Photography)
SESAC, Inc.
SG Industries, Inc.
Shure Incorporated
SIGMA Assessment Systems
Six Degrees Records
Small Business & Entrepreneurship Council
SMC Entertainment
SMT Corp.
SoBe Entertainment
Society of Sport & Event Photographers
Software & Information Industry Association (SIIA)
Sony Electronics Inc.
Sony Music Entertainment
Sony Pictures Entertainment
Soul Appeal Records and Music
SoundExchange
Southern Gothic LLC
Specialty Equipment Market Association (SEMA)
SPI (The Plastics Industry Trade Association)
Sporting Goods Manufacturers Association
Sports Rights Owners Coalition
Spring Fever Productions LLC
Spyder Active Sports, Inc
Stenbakken Photography
Stephen Dantzig Photography
Stock Artist Alliance
Stuart Weitzman Holdings, LLC
Student Photographic Society
Studio 404
SunRise Solar Inc.
Taylor Glenn Photographs
Taylor Guitars
Taylor Made Golf Company, Inc.
Tednologies, Inc.
The Cambridge Don
The Collegiate Licensing Company/IMG College
The Donath Group, Inc.
The Dow Chemical Company
The Estee Lauder Companies
The McGraw-Hill Companies
The Music People! Inc.
The National Collegiate Athletic Association (NCAA)
The Recording Academy (National Academy of Recording Arts and Sciences)
The Timberland Company
The Walt Disney Company
Tiffany & Co.
Time Warner Inc.
Tony Bullard Photography
Toshiba America Business Solutions, Inc.
TRA Global
Tricoast Worldwide
Trio Productions, Inc. / Songscape Music,
Twist & Shout, Inc.
U.S. Chamber of Commerce
Ultimate Fighting Championship
Underwriters Laboratories Inc.
Universal Music Group
Uniweld Products Inc.
VF Corporation
Viacom
Vibram USA, Inc
Virtual Chip Exchange USA, Inc.
Voltage Pictures, LLC
W.R. Case & Sons Cutlery Co.
Walcott Studio, LLC
Wal-Mart
Warner Music Group
Wendy Kaveney Photography
Western Psychological Services
Westmorland Images, LLC
Wild & Associates, Inc.
Wild Eye Photos LLC
William Sutton Photography
Willis Music
WindLegends Ink LLC
Winestem Company
Winslow Research Institute
Wolfe Video
Wolverine World Wide, Inc.
Woolrich, Inc.
World Wrestling Entertainment, Inc.
Xerox Corporation
Zippo Manufacturing Company
Zumba Fitness, LLC