Quotulatiousness

January 29, 2012

EFF says “Keep Twitter Honest”

Filed under: Law, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 12:47

The Electronic Frontier Foundation explains the facts about Twitter’s recent announcement that it will be able to remove Tweets on a country-by-country basis:

Yesterday, Twitter announced in a blog post that it was launching a system that would allow the company to take down content on a country-by-country basis, as opposed to taking it down across the Twitter system. The Internet immediately exploded with allegations of censorship, conspiracy theories about Twitter’s Saudi investors and automated content filtering, and calls for a January 28 protest. One thing is clear: there is widespread confusion over Twitter’s new policy and what its implications are for freedom of expression all over the world.

Let’s get one thing out of the way: Twitter already takes down some tweets and has done so for years. All of the other commercial platforms that we’re aware of remove content, at a minimum, in response to valid court orders. Twitter removes some tweets because they are deemed to be abuse or spam, while others are removed in compliance with court orders or DMCA notifications. Until now, when Twitter has taken down content, it has had to do so globally. So for example, if Twitter had received a court order to take down a tweet that is defamatory to Ataturk — which is illegal under Turkish law — the only way it could comply would be to take it down for everybody. Now Twitter has the capability to take down the tweet for people with IP addresses that indicate that they are in Turkey and leave it up everywhere else. Right now, we can expect Twitter to comply with court orders from countries where they have offices and employees, a list that includes the United Kingdom, Ireland, Japan, and soon Germany.

Twitter’s increasing need to remove content comes as a byproduct of its growth into new countries, with different laws that they must follow or risk that their local employees will be arrested or held in contempt, or similar sanctions. By opening offices and moving employees into other countries, Twitter increases the risks to its commitment to freedom of expression. Like all companies (and all people) Twitter is bound by the laws of the countries in which it operates, which results both in more laws to comply with and also laws that inevitably contradict one another.

October 27, 2011

Up next: the Great Firewall of … America

Filed under: Government, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 12:18

The headline on this article says it all: E-PARASITES Bill: ‘The End Of The Internet As We Know It’.

We already wrote about the ridiculously bad E-PARASITES bill (the Enforcing and Protecting American Rights Against Sites Intent on Theft and Exploitation Act), but having now had a chance go to through the full bill a few more times, there are even more bad things in there that I missed on the first read-through. Now I understand why Rep. Zoe Lofgren’s first reaction to this bill was to say that “this would mean the end of the Internet as we know it.”

She’s right. The more you look at the details, the more you realize how this bill is an astounding wishlist of everything that the legacy entertainment gatekeepers have wanted in the law for decades and were unable to get. It effectively dismantles the DMCA’s safe harbors, what’s left of the Sony Betamax decision, puts massive liability on tons of US-based websites, and will lead to widespread blocking of websites and services based solely on accusations of some infringement. It’s hard to overstate just how bad this bill is.

And, while its mechanisms are similar to the way China’s Great Firewall works (by putting liability on service providers if they fail to block sites), it’s even worse than that. At least the Chinese Great Firewall is determined by government talking points. The E-PARASITES bill allows for a massive private right of action that effectively lets any copyright holder take action against sites they don’t like. (Oh, and the bill is being called both the Stop Online Piracy Act (SOPA) and E-PARASITES (which covers the PROTECT IP-like parts of the bill, SOPA refers to the larger bill that also includes the felony streaming part).

June 23, 2010

Bunch of “radical extremists”

Filed under: Cancon, Law, Media, Technology — Tags: , , , , , , — Nicholas @ 09:09

Protest groups at the G20? No, the Heritage Minister’s sweeping characterization of the people and organizations opposed to the new copyright bill:

So when Moore warns about radical extremists opposing C-32, who is he speaking of? Who has criticized parts of the bill or called for reforms? A short list of those critical of the digital lock provisions in C-32 would include:

* Liberal MPs
* NDP MPs
* Bloc MPs
* Green Party
* Canadian Consumer Initiative
* Association of Universities and Colleges of Canada
* Canadian Association of University Teachers
* Canadian Federation of Students
* Canadian Library Association
* Business Coalition for Balanced Copyright
* Retail Council of Canada
* Canadian Bookseller Association
* Documentary Organization of Canada

While there are bound to be a few individual “radical extremists” in any organization, these particular groups aren’t known for their bomb-throwing agitator ways.

June 2, 2010

New copyright bill introduced

Filed under: Cancon, Law, Media, Technology — Tags: , , , , , , — Nicholas @ 16:21

It’s not yet online, so I haven’t read it myself (and, not being a lawyer, it might not be a good use of my time). Michael Geist has, however, and provides a useful summary of the good and the bad:

The bill contains some important extensions of fair dealing, including new exceptions for parody, satire, and (most notably) education. It also contains more sensible time shifting and format shifting provisions that still feature restrictions (they do not apply where there is a digital lock) but are more technology neutral than the C-61 model. There is also a “YouTube exception” that grants Canadians the right to create remixed user generated content for non-commercial purposes under certain circumstances. While still not as good as a flexible fair dealing provision, the compromise is a pretty good one. Throw in notice-and-notice for Internet providers, backup copying, and some important changes to the statutory damages regime for non-commercial infringement and there are some provisions worth fighting to keep.

Yet all the attempts at balance come with a giant caveat that has huge implications for millions of Canadians. The foundational principle of the new bill remains that anytime a digital lock is used — whether on books, movies, music, or electronic devices — the lock trumps virtually all other rights. In other words, in the battle between two sets of property rights — those of the intellectual property rights holder and those of the consumer who has purchased the tangible or intangible property — the IP rights holder always wins. This represents market intervention for a particular business model by a government supposedly committed to the free market and it means that the existing fair dealing rights (including research, private study, news reporting, criticism, and review) and the proposed new rights (parody, satire, education, time shifting, format shifting, backup copies) all cease to function effectively so long as the rights holder places a digital lock on their content or device.

It’s not quite the total surrender to the entertainment rights holders that many feared, but it’s certainly not the best deal for consumers. Bottom line:

For the glass half-full, the compromise positions on fair dealing, the new exceptions, and statutory damages are not bad — not perfect — but better than C-61. For the glass half-empty, the digital lock provisions are almost identical to C-61 and stand as among the most anti-consumer copyright provisions in Canadian history. Not only are they worse than the U.S. DMCA, but they undermine much of the positive change found in the rest of the bill. In the days and weeks ahead, Canadians must speak out to ensure that the compromise positions found in C-32 remain intact and that the digital lock provisions move from the no-compromise category to the compromise one.

August 14, 2009

EFF slaps Burning Man around over “creative lawyering”

Filed under: Law, Liberty, Media — Tags: , , — Nicholas @ 13:01

The annual Burning Man event has a reputation for quiet (and sometimes not-so-quiet) anarchy, but this year the event organizers are attempting a quick legal coup:

In a few weeks, tens of thousands of creative people will make their yearly pilgrimage to Nevada’s Black Rock desert for Burning Man, an annual art event and temporary community celebrating radical self expression, self-reliance, creativity and freedom. Most have the entirely reasonable expectation that they will own and control what is likely the largest number of creative works generated on the Playa: the photos they take to document their creations and experiences.

That’s because they haven’t read the Burning Man Terms and Conditions.

Those Terms and Conditions include a remarkable bit of legal sleight-of-hand: as soon as “any third party displays or disseminates” your photos or videos in a manner that the Burning Man Organization (BMO) doesn’t like, those photos or videos become the property of the BMO. This “we automatically own all your stuff” magic appears to be creative lawyering intended to allow the BMO to use the streamlined “notice and takedown” process enshrined in the Digital Millennium Copyright Act (DMCA) to quickly remove photos from the Internet.

It’s not particularly anarchic to use one of the most restrictive pieces of post-modern fascism legislation to attempt to control the way event attendees use their photographs and video footage.

« « Philadelphia signs Michael Vick to 1-year contract| Computers . . . can’t live with ‘em, can’t live without ‘em » »

Powered by WordPress