Quotulatiousness

January 18, 2012

Mother Jones puts on the rose-coloured glasses over SOPA

Filed under: Law, Liberty, Media, Politics, USA — Tags: , , , , — Nicholas @ 10:07

In an otherwise good summary of the SOPA/PIPA issues in Mother Jones, Siddhartha Mahanta and Nick Baumann start the touchdown celebration prematurely:

Late Thursday, Sen. Patrick Leahy (D-Vt.), the lead sponsor of the House bill, announced that he would consider dropping the DNS-blocking provisions from the bill. Late on Friday, Smith, SOPA’s sponsor, did Leahy one better, removing the provision altogether. Not long after, six Republican senators — including two co-sponsors — released a letter they wrote to Majority Leader Harry Reid (D-Nev.), asking him to hold off on a January 24th vote to end debate on PIPA and move to passage.

By this weekend, the writing was on the wall. Rep. Eric Cantor (R-Va.), the House Majority Leader, announced that SOPA would not come for a vote in the House before the controversy over the bill is resolved — essentially killing it for the time being. The White House issued a statement opposing significant portions of the bills. And Issa cancelled the hearing planned for Wednesday, saying he’s “confident” the bill is dead in the House.

Big Hollywood isn’t entirely beaten yet. PIPA, the Senate legislation, could still get a vote and move closer to becoming law, and a modified version of SOPA could conceivably come to the House floor at some point in the future. Wikipedia, Reddit, MoveOn.org, Mozilla (the maker of the Firefox web browser), the blogging platform WordPress, and others are still planning to go dark on Wednesday, just in case. But as of right now, a combination of grassroots activism, blogging, tweeting, boycotts, and the mere threat of having to scroll through 1500 LOLCats without Icanhazcheezburger (another boycott supporter), seems to have beaten an avalanche of money and lobbying. Those 1950s onion farmers would be proud.

Keep your powder dry, boys: the battle is far from won. This is just the latest skirmish in an ongoing campaign, and premature celebration of the victory is just what we don’t need.

January 17, 2012

Stop SOPA!

Filed under: Cancon, Government, Law, Liberty, USA — Tags: , , , — Nicholas @ 13:25

Although this is a Canadian blog and SOPA is proposed legislation in the United States, it is extremely likely that Canadian websites and internet users will be directly affected by provisions of it. Michael Geist has a list of reasons why Canadians should be concerned:

First, the SOPA provisions are designed to have an extra-territorial effect that manifests itself particularly strongly in Canada. As I discussed in a column last year, SOPA treats all dot-com, dot-net, and dot-org domain as domestic domain names for U.S. law purposes. Moreover, it defines “domestic Internet protocol addresses” — the numeric strings that constitute the actual address of a website or Internet connection — as “an Internet Protocol address for which the corresponding Internet Protocol allocation entity is located within a judicial district of the United States.” Yet IP addresses are allocated by regional organizations, not national ones. The allocation entity located in the U.S. is called ARIN, the American Registry for Internet Numbers. Its territory includes the U.S., Canada, and 20 Caribbean nations. This bill treats all IP addresses in this region as domestic for U.S. law purposes. To put this is context, every Canadian Internet provider relies on ARIN for its block of IP addresses. In fact, ARIN even allocates the block of IP addresses used by federal and provincial governments. The U.S. bill would treat them all as domestic for U.S. law purposes.

Second, Canadian businesses and websites could easily find themselves targeted by SOPA. The bill grants the U.S. “in rem” jurisdiction over any website that does not have a domestic jurisdictional connection. For those sites, the U.S. grants jurisdiction over the property of the site and opens the door to court orders requiring Internet providers to block the site and Internet search engines to stop linking to it. Should a Canadian website owner wish to challenge the court order, U.S. law asserts itself in another way, since in order for an owner to file a challenge (described as a “counter notification”), the owner must first consent to the jurisdiction of the U.S. courts.

Along with thousands of other bloggers and major internet sites like Wikipedia, Quotulatiousness will be marking the anti-SOPA effort tomorrow. Unless I’ve misconfigured it, you should see a “Down Against SOPA” page the first time you visit the blog tomorrow (either on the main page or on a particular post), but then it should allow you to have normal access. I considered going “dark” as Wikipedia will be, but this seems to be a better way of registering my opposition without inconveniencing my readers too much.

January 16, 2012

Cory Doctorow recommends a book on English libel law

Filed under: Britain, Law, Media — Tags: , , , , , — Nicholas @ 10:17

There’s a reason that individuals and organizations try to sue for libel under English law, rather than their own national legal system:

The Guardian published a long excerpt from Nick Cohen’s forthcoming You Can’t Read This Book: Censorship in an Age of Freedom, a fantastic-looking book that reveals the dirty truth of English libel law, where “money buys silence” for some of the world’s most notorious dictators, thieves, and bad guys. English libel law is so broad that it allows, for example, Russian oligarchs to sue Russian newspapers for punitive sums (“the cost of libel actions in England and Wales is 140 times higher than the European average”) in an English court, merely by demonstrating that someone, somewhere in England looked at the paper’s website. And yet, the libel law in England and Wales doesn’t actually protect people from the most common forms of libelous publication: false declarations of criminal suspicion by the police, false claims of financial irregularities from credit reporting bureaux and false statements in former employers’ reference letters are protected unless they can be shown to have been malicious and negligent.

An unwelcome kind of “Top Ten Reasons” list

Filed under: Government, Liberty, USA — Tags: , , , , — Nicholas @ 09:04

Jonathan Turley, writing in the Washington Post:

Every year, the State Department issues reports on individual rights in other countries, monitoring the passage of restrictive laws and regulations around the world. Iran, for example, has been criticized for denying fair public trials and limiting privacy, while Russia has been taken to task for undermining due process. Other countries have been condemned for the use of secret evidence and torture.

Even as we pass judgment on countries we consider unfree, Americans remain confident that any definition of a free nation must include their own — the land of free. Yet, the laws and practices of the land should shake that confidence. In the decade since Sept. 11, 2001, this country has comprehensively reduced civil liberties in the name of an expanded security state. The most recent example of this was the National Defense Authorization Act, signed Dec. 31, which allows for the indefinite detention of citizens. At what point does the reduction of individual rights in our country change how we define ourselves?

While each new national security power Washington has embraced was controversial when enacted, they are often discussed in isolation. But they don’t operate in isolation. They form a mosaic of powers under which our country could be considered, at least in part, authoritarian. Americans often proclaim our nation as a symbol of freedom to the world while dismissing nations such as Cuba and China as categorically unfree. Yet, objectively, we may be only half right. Those countries do lack basic individual rights such as due process, placing them outside any reasonable definition of “free,” but the United States now has much more in common with such regimes than anyone may like to admit.

These countries also have constitutions that purport to guarantee freedoms and rights. But their governments have broad discretion in denying those rights and few real avenues for challenges by citizens — precisely the problem with the new laws in this country.

The list of powers acquired by the U.S. government since 9/11 puts us in rather troubling company.

January 3, 2012

Turkey’s problem with evolution

Filed under: Government, Liberty, Middle East, Religion, Science — Tags: , , , , — Nicholas @ 12:10

It’s not just certain US states that have strong reservations about Charles Darwin and the theory of evolution:

Worrying news from Turkey, where a government body has moved to block sites that mention evolution or Charles Darwin.

The Council of Information Technology and Communications (BTK) released the “Secure Internet” filtering system on 22 November. Sites that includes the words “evolution” or “Darwin” are filtered if parents select the child-friendly settings on the filter, as though it’s porn. Among the sites banned, according to Reporters Without Borders, is Richard Dawkins’ website richarddawkins.net. The homepage of Adnan Oktar, an Islamic creationist, is still accessible. The system has already attracted controversy: apparently it bans terms linked with the Kurdish separatist movement, and Reporters Without Borders has accused the Turkish government of “backdoor censorship”.

As New Scientist reported in 2009, Turkey is something of a centre for Islamic creationism. The editor of a popular science magazine, Bilim ve Teknik, was sacked that year after trying to run a front-page article celebrating Darwin’s 200th birthday. The aforementioned Oktar, under his pen name of Harun Yahya, claims in large, lavishly illustrated books that evolution is a “disproved” theory (just for the record: it isn’t. It’s the absolute cornerstone of everything in biology, without which nothing makes sense) imposed by Western imperialists to keep Muslims in their place. A 2006 survey of 34 countries put Turkey 34th, just behind the US, in the rate of popular acceptance of evolution.

December 18, 2011

MPAA strategy shift: when the truth won’t serve, just lie

Filed under: Law, Liberty, Media — Tags: , , , , , — Nicholas @ 12:24

Cory Doctorow at BoingBoing:

MPAA Chairman Chris Dodd is making the rounds in DC, trying to gin up support for the Stop Online Piracy Act, which establishes a national censorship regime in which whole websites can be blocked in the US if the MPAA objects to them. The former senator turned shill has run out of plausible arguments in favor of the bill, so he’s resorted to really, really stupid lies.

Case in point: Dodd recently told the Center for American Progress that “The entire film industry of Spain, Egypt and Sweden are gone.”

Of course, this is a flat-out, easily checked, ridiculous lie.

December 17, 2011

Charles Stross divines the real reason for SOPA

Filed under: Government, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 11:39

Read the whole thing, but the last few points help to explain why the push for SOPA is coming right now:

7. Modern communications technologies (including the internet) provide people with a limitless channel for self-expression (not to mention distraction — endless circuses without the bread). They also provide the police state with a limitless flow of intelligence about the people. Note also that it’s possible to not merely listen in on mobile phone calls, but to use a mobile phone as a GPS-aware bugging device, and (with a bit more smarts) to have it report on physical proximity (within bluetooth range — about 20 feet) to other suspects. The flip side of social networking is that the police state knows all your acquaintances.

8. So I infer that the purpose of SOPA is to close the loop, and allow the oligarchy to shut down hostile coordinating sites as and when the anticipated revolution kicks off. Piracy/copyright is a distraction — those folks pointing to similarities to Iranian/Chinese net censorship regimes are correct, but they’re not focussing on the real implication (which is a ham-fisted desire to be able to shut down large chunks of the internet at will, if and when it becomes expedient to do so).

We are “at the mercy of underachieving Congressional know-nothings that have more in common with the slacker students sitting in the back of math class than elected representatives”

Filed under: Government, Law, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 10:52

A great post on the folks who are currently debating — if so many declarations of ignorance can be called “debating” — hacking away at the very basis of the internet we’ve come to love:

Some background: Since its introduction, SOPA and its Senate twin PROTECT-IP have been staunchly condemned by countless engineers, technologists and lawyers intimately familiar with the inner functioning of the internet. Completely beside the fact that these bills as they currently stand would stifle free speech and potentially cripple legitimate businesses by giving corporations extrajudicial censorial powers, they have found an even more insidious threat: The method of DNS filtering proposed to block supposed infringing sites opens up enormous security holes that threaten the stability of the internet itself.

The only problem: Key members of the House Judiciary Committee still don’t understand how the internet works, and worse yet, it’s not clear whether they even want to.

It’s of course perfectly standard for members of Congress to not be exceptionally proficient in technological matters. But for some committee members, the issue did not stop at mere ignorance. Rather, it seemed there was in many cases an outright refusal to understand what is undoubtedly a complex issue dealing with highly-sensitive technologies.

When the security issue was brought up, Rep. Mel Watt of North Carolina seemed particularly comfortable about his own lack of understanding. Grinningly admitting “I’m not a nerd” before the committee, he nevertheless went on to dismiss without facts or justification the very evidence he didn’t understand and then downplay the need for a panel of experts. Rep. Maxine Waters of California followed up by saying that any discussion of security concerns is “wasting time” and that the bill should move forward without question, busted internets be damned.

Why is everyone upset about SOPA but not about all the other power grabs by the government?

Filed under: Government, Law, Liberty, Media, Technology — Tags: , , , — Nicholas @ 10:24

ESR wonders why SOPA seems to finally have woken up many people about their rapidly eroding liberties, but not all the other things the federal government has done:

A government that is big enough to give you everything you want is big enough to take everything away from you — including your Internet freedom.

That’s the thought that keeps running through my head as I contemplate the full-scale panic going on right now about SOPA, the “Stop Internet Piracy Act”.

It’s a bad bill, all right. It’s a terrible bill — awful from start to finish, idiotic to the core, corruptly pandering to a powerful special-interest group at the cost of everyone else’s liberty.

But I can’t help noticing that a lot of the righteous panic about it is being ginned up by people who were cheerfully on board for the last seventeen or so government power grabs — cap and trade, campaign finance “reform”, the incandescent lightbulb ban, Obamacare, you name it — and I have to wonder…

Don’t these people ever learn? Anything? Do they even listen to themselves?

December 14, 2011

Revolt in a Chinese fishing village

Filed under: China, Government, Media — Tags: , , , — Nicholas @ 13:08

Local unrest is hardly uncommon in China, but unrest of this nature is almost unheard of:

For the first time on record, the Chinese Communist party has lost all control, with the population of 20,000 in this southern fishing village now in open revolt.

The last of Wukan’s dozen party officials fled on Monday after thousands of people blocked armed police from retaking the village, standing firm against tear gas and water cannons.

Since then, the police have retreated to a roadblock, some three miles away, in order to prevent food and water from entering, and villagers from leaving. Wukan’s fishing fleet, its main source of income, has also been stopped from leaving harbour.

The plan appears to be to lay siege to Wukan and choke a rebellion which began three months ago when an angry mob, incensed at having the village’s land sold off, rampaged through the streets and overturned cars.

Of course, one of the reasons we rarely hear about protests of this nature is that the Chinese government actively suppresses media coverage. This is only coming to our attention because western journalists are there and able to communicate with their employers.

H/T to Jon, my former virtual landlord, who commented “You have to admire these 20,000 future organ donors for their intestinal fortitude”.

November 16, 2011

Stop the attempt to nationalize the internet (for the US government)

Filed under: Government, Liberty, Technology, USA — Tags: , , , , , , — Nicholas @ 12:17

If you don’t already associate SOPA with evil, Michael Geist explains why you should:

The U.S. Congress is currently embroiled in a heated debated over the Stop Online Piracy Act (SOPA), proposed legislation that supporters argue is needed combat online infringement, but critics fear would create the “great firewall of the United States.” SOPA’s potential impact on the Internet and development of online services is enormous as it cuts across the lifeblood of the Internet and e-commerce in the effort to target websites that are characterized as being “dedicated to the theft of U.S. property.” This represents a new standard that many experts believe could capture hundreds of legitimate websites and services.

For those caught by the definition, the law envisions requiring Internet providers to block access to the sites, search engines to remove links from search results, payment intermediaries such as credit card companies and Paypal to cut off financial support, and Internet advertising companies to cease placing advertisements. While these measures have unsurprisingly raised concern among Internet companies and civil society groups (letters of concern from Internet companies, members of the US Congress, international civil liberties groups, and law professors), [. . .] the jurisdictional implications demand far more attention. The U.S. approach is breathtakingly broad, effectively treating millions of websites and IP addresses as “domestic” for U.S. law purposes.

The long-arm of U.S. law manifests itself in at least five ways in the proposed legislation.

Don’t expect China to save your economy

Filed under: China, Economics, Government, Media — Tags: , , , , , — Nicholas @ 09:19

Jon, my former virtual landlord, sent along this link which should pour cold water on the notion that China will step in to save the economies of other countries:

China’s economy has a reputation for being strong and prosperous, but according to a well-known Chinese television personality the country’s Gross Domestic Product is going in reverse.

Larry Lang, chair professor of Finance at the Chinese University of Hong Kong, said in a lecture that he didn’t think was being recorded that the Chinese regime is in a serious economic crisis — on the brink of bankruptcy. In his memorable formulation: every province in China is Greece.

The restrictions Lang placed on the Oct. 22 speech in Shenyang City, in northern China’s Liaoning Province, included no audio or video recording, and no media. He can be heard saying that people should not post his speech online, or “everyone will look bad,” in the audio that is now on Youtube.

In the unusual, closed-door lecture, Lang gave a frank analysis of the Chinese economy and the censorship that is placed on intellectuals and public figures. “What I’m about to say is all true. But under this system, we are not allowed to speak the truth,” he said.

Despite Lang’s polished appearance on his high-profile TV shows, he said: “Don’t think that we are living in a peaceful time now. Actually the media cannot report anything at all. Those of us who do TV shows are so miserable and frustrated, because we cannot do any programs. As long as something is related to the government, we cannot report about it.”

China, for all its amazing growth and rising economic prospects for (some of) its population, is still not a modern economy. The government — specifically the military — is too deeply involved at far deeper levels than other governments and the reported economic figures may or may not have any relationship with reality. When your boss is a general, he has ways of ensuring that you report the “right” results that a civilian CEO cannot match. It’s not just your job you risk by reporting unwelcome results.

I’ve ridden this hobby horse, as Jon calls it, many times over the years.

November 14, 2011

Bullying is bad: banning bullying would be worse

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas @ 09:10

Wendy Kaminer on the District of Columbia (DC) City Council’s proposed anti-bullying rules:

It started on college and university campuses, where repressive speech codes have been teaching generations of students that they have no right to offend someone, anyone, who can claim membership in a growing list of presumptively disadvantaged groups.

Now, this mindlessly censorious movement to force us to be nice to each other is encroaching on public life, off-campus: The District of Columbia (DC) City Council is considering banning the ‘harassment, intimidation, or bullying’ of students in public libraries and parks, as well as schools (including the District’s public university). Bureaucrats in charge of all relevant supervisory agencies are required to promulgate detailed policies that define bullying and harassment ‘no less inclusively’ than the City Council.

It would be difficult to define bullying more inclusively: according to the council bill, ‘harassment, intimidation or bullying’ is ‘any gesture or written, verbal or physical act, including electronic communication, that is reasonably perceived as being motivated either by any actual or perceived characteristic, such as race, colour, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory handicap, or by any other distinguishing characteristic’, which a ‘reasonable person’ would foresee as effectively intimidating or harmful to students or their property, or as effectively ‘insulting or demeaning’ to any student or group of students so as to disrupt ‘the orderly operation of a school, university, recreational facility, or library’.

Don’t bother trying to figure out what this vague and verbose definition of bullying includes. Focus instead what it might exclude — not much. Virtually no speech or behaviour that a student self-conscious about any ‘distinguishing characteristic’ might consider hurtful or that a petty bureaucrat might find offensive is beyond the reach of this ban. Its scope is simply breathtaking; although, sad to say, the ‘inclusiveness’ of this bill doesn’t distinguish it from other state and local bullying laws or campus speech codes. It is, however, shamefully distinguished by its application outside of schools to public libraries and parks. Imposing a subjective sensitivity code on the general public, it displays an astonishing contempt for the most obvious and fundamental freedoms of speech and belief, as well as astonishing ignorance of constitutional rights.

November 7, 2011

Another throwback to Victorian views of women as weak and in need of protection

Filed under: Liberty, Media, Technology — Tags: , , , , , — Nicholas @ 08:56

Brendan O’Neill thinks much better of women than those pushing for censorship (or worse):

One of the great curiosities of modern feminism is that the more radical the feminist is, the more likely she is to suffer fits of Victorian-style vapours upon hearing men use coarse language. Andrea Dworkin dedicated her life to stamping out what she called “hate speech” aimed at women. The Slutwalks women campaigned against everything from “verbal degradation” to “come ons”. And now, in another hilarious echo of the 19th-century notion that women need protecting from vulgar and foul speech, a collective of feminist bloggers has decided to “Stamp Out Misogyny Online”. Their deceptively edgy demeanour, their use of the word “stamp”, cannot disguise the fact that they are the 21st-century equivalent of Victorian chaperones, determined to shield women’s eyes and cover their ears lest they see or hear something upsetting.

According to the Guardian, these campaigners want to stamp out “hateful trolling” by men — that is, they want an end to the misogynistic bile and spite that allegedly clogs up their email inboxes and internet discussion boards. Leaving aside the question of who exactly is supposed to do all this “stamping out” of heated speech — The state? Well, who else could do it? — the most striking thing about these fragile feminists’ campaign is the way it elides very different forms of speech. So the Guardian report lumps together “threats of rape”, which are of course serious, with “crude insults” and “unstinting ridicule”, which are not that serious. If I had a penny for every time I was crudely insulted on the internet, labelled a prick, a toad, a shit, a moron, a wide-eyed member of a crazy communist cult, I’d be relatively well-off. For better or worse, crudeness is part of the internet experience, and if you don’t like it you can always read The Lady instead.

November 3, 2011

“It’s easy to give up a liberty that is unimportant to you”

Filed under: Cancon, Government, Liberty — Tags: , , , , — Nicholas @ 09:33

Lorne Gunter explains why giving government the power to limit one liberty inevitably leads to the government limiting other liberties:

My interest in guns is purely philosophical: I can’t trust any government that doesn’t trust my law-abiding fellow citizens to own whatever guns they want. It’s the instinct to ban — rooted in the notion that governments or “experts” know better than we ourselves what is best or safest for us — that scares me far more than the thought of my neighbour owning a sniper rifle. The banning instinct is never slaked. Once it has succeeded in prohibiting guns, it will turn itself to offensive speech or unhealthy food.

[. . .]

But above all, it always worries me when the concept of “need” enters the debate, as in (to quote one of my colleagues): “Why do farmers and hunters need sniper rifles?”

The concept of “need” is antithetic to freedom in a democracy where the citizens are sovereign. No one needs a car that goes more than 110 km/ hr, because that is the highest speed limit in the country. So should any of us who want to drive more than a Smart Car or Fiat have to go cap in hand to a government official and explain our “need” for, say, a sports car, before we are granted the right to buy one? Many more Canadians — thousands more — are killed by speeding automobiles each year than by high-powered rifles that are beyond what ranchers “need” to kill coyotes.

If you are guilty of no crime, what you “need” is none of my business, or the government’s. In fact, it is the reverse. Any government that seeks to restrict the liberties of law-abiding citizens should have to prove it needs to do so, and that it is not just pandering to popular emotions and political sentimentality.

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