Quotulatiousness

June 18, 2012

Legal pratfalls ensue

Filed under: Law, Liberty, Media, USA — Tags: , , , , , — Nicholas @ 09:33

Scott H. Greenfield at the Simple Justice blog on how the legal equivalent of “two 12-year-olds rolling in the mud” morphed into a lawyer beclowning himself in an epic fashion:

But Matthew Inman, who does the Oatmeal, put the lawyer Charles Carreon’s letter demanding $20k on the web, with his own special touches, in a masterful response, one aspect of which was that rather than succumb to Carreon’s demand, he would raise some money for charity.

[. . .]

Three things to note: First, Carreon started suit in his own name, not that of his client, which suggest that this is for the wrong done him by the mean children of the internet. Second, he’s sued not only Inman, apparently for “incitement to cyber-vandalism,” but the Indiegogo, which handles charitable collections, as well as the two charities to whom Inman’s collection goes.

This is nuts. For a fellow who foolishly stepped in shit, he’s doubled quadrupled down. My guess is that he’s included the charities as stakeholders or beneficiaries of Inman’s actions, and wants the money collected to go to him rather than to fighting cancer or saving bears. He wants money collected to fight cancer to go to him instead. It’s unthinkable [that] anyone could do such a thing.

May 15, 2012

Nerd politics: problems and opportunities

Filed under: Government, Liberty, Politics, Technology — Tags: , , , , , , — Nicholas @ 00:08

Cory Doctorow in the Guardian on the current state of “nerd politics:

In the aftermath of the Sopa fight, as top Eurocrats are declaring the imminent demise of Acta, as the Trans-Pacific Partnership begins to founder, as the German Pirate party takes seats in a third German regional election, it’s worth taking stock of “nerd politics” and see where we’ve been and where we’re headed.

Since the earliest days of the information wars, people who care about freedom and technology have struggled with two ideological traps: nerd determinism and nerd fatalism. Both are dangerously attractive to people who love technology.

In “nerd determinism,” technologists dismiss dangerous and stupid political, legal and regulatory proposals on the grounds that they are technologically infeasible. Geeks who care about privacy dismiss broad wiretapping laws, easy lawful interception standards, and other networked surveillance on the grounds that they themselves can evade this surveillance. For example, US and EU police agencies demand that network carriers include backdoors for criminal investigations, and geeks snort derisively and say that none of that will work on smart people who use good cryptography in their email and web sessions.

But, while it’s true that geeks can get around this sort of thing — and other bad network policies, such as network-level censorship, or vendor locks on our tablets, phones, consoles, and computers — this isn’t enough to protect us, let alone the world. It doesn’t matter how good your email provider is, or how secure your messages are, if 95% of the people you correspond with use a free webmail service with a lawful interception backdoor, and if none of those people can figure out how to use crypto, then nearly all your email will be within reach of spooks and control-freaks and cops on fishing expeditions.

[. . .]

If people who understand technology don’t claim positions that defend the positive uses of technology, if we don’t operate within the realm of traditional power and politics, if we don’t speak out for the rights of our technically unsophisticated friends and neighbours, then we will also be lost. Technology lets us organise and work together in new ways, and to build new kinds of institutions and groups, but these will always be in the wider world, not above it.

May 11, 2012

Britain’s government websites under attack

Filed under: Britain, China, Government, Technology — Tags: , , , — Nicholas @ 09:06

Perhaps I’m just cynical, but I had expected that any government website would need to be “hardened” against attack. The British government’s many official websites have indeed been undergoing attacks for quite some time:

The British Ministry of Defense has admitted, for the first time, that it is under heavy attack by hackers. It was also revealed that some of these attacks had succeeded. The good news is that the military is becoming more aggressive and imaginative in dealing with Cyber War defense. China was not directly accused of being behind any of these attacks, but it was mentioned that there are now discussions underway with the Chinese on the matter. All this is an old problem.

Last year, Britain went public to report a higher number of Internet based attacks. The report noted that the emphasis was now on economic assets. This included technology and business plans. For example, the Foreign and Commonwealth Office was under heavy cyber-attack for several months, apparently in an effort to obtain secret details of government plans and techniques for supporting British exports. Government Internet security officials were making all this public to encourage British firms to increase their Internet security.

All this was nothing new. Two years ago Britain’s domestic intelligence service, MI5, went public with numerous charges of Chinese Internet based espionage. MI5 accused China of using both agents and hacker software, to obtain secrets from specific companies and government organizations. This approach had Chinese personnel approaching specific British businessmen at trade shows, and offering gifts, like a thumb drive loaded with hidden hacker software that will load itself on to the victim’s PC and seek out valuable information. Internet based attacks, traced back to China, continue to send real looking email that has an attachment containing another of those stealthy hacker programs that seek out secrets, or even quietly take over the user’s PC. Three years ago, MI-5 sent alerts to major corporations warning them of similar attacks and advising increased security of their data.

May 2, 2012

We must make internet freedom the new “third rail” of politics

Filed under: Government, Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 08:05

L. Neil Smith on the most recent attempt by the US government to get formal control over the internet:

After many previous attempts on the part of different groups for a variety of reasons, the United States House of Representatives has passed a bill that could result in the destruction of freedom on the Internet.

And the erasure of the First Amendment.

I won’t bother you with this week’s misleading acronym for such an atrocity. This specimen is likely to fail in the Senate — because it doesn’t go nearly as far in muzzling each of us as that “parliament of whores” wants it to. The Faux President declares he will veto it, but we’ve heard that before from a criminal imposter who couldn’t move his mouth to speak the truth if his life depended on it — because he couldn’t recognize the truth if it came up to him and pissed in his ear.

What I will tell you is what a lifetime of fending off similar assaults on the Second Amendment — and the unalienable individual, civil, Constitutional, and human right of every man, woman, and responsible child to obtain, own, and carry weapons — has taught me. I know what has to be done now, and what will happen if we don’t do it.

First, don’t be relieved or satisfied if this particular bill doesn’t pass this time. Others will be introduced, one after another, until they wear down our resistance, unless we make every attempt cost them something they can’t afford to lose. We must make our freedom to communicate a political “third rail” and aim for nothing less than total eradication of the very notion of censoring the Internet in any way.

April 30, 2012

Twitter’s “Red Guard” of flag-spam abusers

Filed under: Media, Politics, Technology — Tags: , , , — Nicholas @ 12:56

Some nasty tricks being played by some Twitter users, abusing the report feature that is supposed to help cut down on spam posts to attempt to shut down opinions they find offensive:

Shortly after their video “If I Wanted America to Fail” went viral, Free Market America found themselves kicked off Twitter, a popular social media resource that allows users to post very short messages. After a few hours of confusion, their account was reinstated.

This past Sunday, the Twitter account of Chris Loesch, husband of conservative pundit Dana Loesch, was abruptly shut down. After a massive outcry, and the creation of a Twitter topic called “#FreeChrisLoesch” that swiftly became one of the hottest “hash tags” on the network, Chris’ account was reactivated… for a couple of hours. By Monday morning, he was gone again, after his account was restored and removed several more times.

What did Free Market America and Chris Loesch do to warrant suspension? After all, people like Spike Lee and Roseanne Barr flagrantly, openly, defiantly violated Twitter’s terms of service, and put human lives in jeopardy, by distributing personal information about George Zimmerman, the shooter in the Trayvon Martin case. Their accounts have not been suspended. What violation of Loesch’s compares to using Twitter to target someone for assault by an angry mob — and, for that matter, sending the mob to the wrong address?

These suspensions were apparently the work of “flag spammers,” digital brown shirt gangs that make coordinated attacks to silence conservative voices by abusing Twitter’s spam flagging feature. Al Gore coined the term “digital brown shirts” to describe the online squadrons supposedly unleashed to “harass and hector any journalist who is critical of the President.” Of course, he was talking about President Bush, and there weren’t any actual “digital brown shirts” at the time, but this is precisely the sort of behavior he was describing.

April 28, 2012

Charles Stross analyzes the economic and technical arguments for removing DRM on ebooks

Filed under: Books, Business, Economics, Media — Tags: , , , — Nicholas @ 00:08

A post at Charles Stross’s blog from earlier this week, when Macmillan announced that they were removing DRM from their ebook lines:

After I recommended that the major publishers drop mandatory DRM from their ebook products, I realized that my essay had elided a bunch of steps in my thinking, and needed to reconsider some points. Then I realized that it’s not a simple, straightforward argument to make. Consequently, I ended up writing another essay, although I’ve tried to summarize my conclusions below.

First, my conclusions:

1. The rapid current pace of change in the electronic publishing sector is driven by the consumer electronics and internet industry. It’s impossible to make long term publishing plans (3-10 years) without understanding these other industries and the priorities of their players. It is important to note that the CE industry relies on selling consumers new gadgets every 1-3 years. And it is through their gadgets that readers experience the books we sell them. Where is the CE industry taking us?

2. Dropping DRM across all of Macmillans products will not have immediate, global, positive effects on revenue in the same way that introducing the agency model did …

3. However, relaxing the requirement for DRM across some of Macmillans brands will have very positive public relations consequences among certain customer demographics, notably genre readers who buy large numbers of books (and who, while a minority in absolute numbers, are a disproportionate source of support for the midlist).

4. Longer term, removing the requirement for DRM will lower the barrier to entry in ebook retail, allowing smaller retailers (such as Powells) to compete effectively with the current major incumbents. This will encourage diversity in the retail sector, force the current incumbents to interoperate with other supply sources (or face an exodus of consumers), and undermine the tendency towards oligopoly. This will, in the long term, undermine the leverage the large vendors currently have in negotiating discount terms with publishers while improving the state of midlist sales.

Now the details:

April 15, 2012

Virginia county considering creating first virtual public high school

Filed under: Bureaucracy, Education, Media, Technology, USA — Tags: , , — Nicholas @ 10:50

In many ways, it’s a tribute to the resilience and determination of the educational establishment that it’s taken this long for a school district to even consider offering completely online classes:

Fairfax County schools could become the first in the Washington region to create a virtual public high school that would allow students to take all their classes from a computer at home.

No sports teams. No pep rallies. No lockers, no hall passes. Instead, assignments delivered on-screen and after-school clubs that meet online.

It’s a reimagination of the American high school experience. And it’s a nod to the power of the school choice movement, which has given rise to the widespread expectation that parents should have a menu of options to customize their children’s education.

Of course, it might not just be simple willingness to allow more choice on the part of the school district … there might be other pressures being applied:

Dozens of younger students have left Fairfax schools for the public Virginia Virtual Academy, the first statewide full-time virtual program. Open to any Virginia student in kindergarten through eighth grade, it is run by a Herndon firm — K12 Inc., the nation’s largest operator of public virtual schools — and enrolls nearly 500 students.

April 8, 2012

The chronicle of the declining “old media” empires

Filed under: Liberty, Media, Technology — Tags: , , , , — Nicholas @ 10:32

Matt Welch explains why, even though more reporting is being done now than ever before in human history, the “old media” portrays the situation in the same way the dinosaurs might view the end of their era:

Imagine for a moment that the hurly-burly history of American retail was chronicled not by reporters and academics but by life-long employees of A&P, a largely forgotten supermarket chain that enjoyed a 75 percent market share as recently as the 1950s. How do you suppose an A&P Organization Man might portray the rise of discount super-retailer Wal-Mart, or organic foods-popularizer Whole Foods, let alone such newfangled Internet ventures as Peapod.com? Life looks a hell of a lot different from the perspective of a dinosaur slowly leaking power than it does to a fickle consumer happily gobbling up innovation wherever it shoots up.

That is largely where we find ourselves in the journalism conversation of 2012, with a dreary roll call of depressive statistics invariably from the behemoth’s point of view: newspaper job losses, ad-spending cutbacks, shuttered bureaus, plummeting stock prices, major-media bankruptcies. Never has there been more journalism produced or consumed, never has it been easier to find or create or curate news items, and yet this moment is being portrayed by self-interested insiders as a tale of decline and despair.

It is no insult to the hard work and good faith of either newspaper reporters or media-beat writers (and I’ve been both) to acknowledge that their conflict of interest in this story far exceeds that of, say, academic researchers who occasionally take corporate money, or politicians who pocket campaign donations from entities they help regulate, to name two perennial targets of newspaper editorial boards. We should not expect anything like impartial analysis from people whose very livelihoods—and those of their close friends—are directly threatened by their subject matter.

This goes a long way toward explaining a persistent media-criticism dissonance that has been puzzling observers since at least the mid-1990s: Successful, established journalism insiders tend to be the most dour about the future of the craft, while marginalized and even unpaid aspirants are almost giddy about what might come next. More kids than ever go to journalism school; more commencement speeches than ever warn graduates that, sadly, there’s no more gold in them thar hills. Consumers are having palpable fun finding, sharing, packaging, supplementing, and dreaming up pieces of editorial content; newsroom veterans are consistently among the most depressed of all modern professionals.

April 7, 2012

Arizona’s internet-trolls-go-to-jail bill

Filed under: Law, Liberty, Media, Technology, USA — Tags: , , , , , — Nicholas @ 11:21

Interestingly, aside from the occasional mention of the Arizona Cardinals, almost every post I’ve marked with the Arizona tag over the last three years is about stupid laws or bills that infringe constitutional rights. What up, Arizona?

April 5, 2012

A useful idiot wants even more state surveillance, more Big Brother

Filed under: Britain, Government, Liberty — Tags: , , , , , — Nicholas @ 09:01

Dan Hodges on his love affair with the surveillance state, and his overwhelming desire for even more government snooping:

I want to live in a surveillance state. Big Brother, come cast your watchful eye over me and mine. I love you, bro.

Seriously, when I saw the outcry over Government plans to gain access to telephone, email and internet, my initial reaction was: “You mean they can’t do that already?”

I assumed, somewhat stupidly, that everything we said, typed or viewed was routinely monitored, and then filtered by some giant, super-secret computer tucked away in a heavily guarded subterranean basement of GCHQ: “Hodges has just said he wants to shoot another Liverpool player, sir.” “Oh, he’s always saying that, Jones. Ignore him.”

I don’t want less surveillance, I want more of the stuff. My idea of the perfect society is one where every street corner has a CCTV camera, everyone has a nice shiny ID card tucked in their wallet and no extremist can even think of logging onto a dodgy website without an SAS squad abseiling swiftly through their window.

April 3, 2012

Popehat tells Arizona “Come Get Me, Coppers!”

Filed under: Law, Liberty, Media, Technology, USA — Tags: , , , , , , — Nicholas @ 12:44

Arizona has a law on the books that should replace the old chestnut about King Canute and the tide: they’ve criminalized annoying and offending people on the internet:

Dear Members of the Arizona State Legislature,

By this post, it is my specific intent to use this digital device — a computer — to annoy and offend you.

I do so because you have passed Arizona H.B. 2549, which provides in relevant part as follows:

    It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a telephone ANY ELECTRONIC OR DIGITAL DEVICE and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person.

OK. I certainly don’t intend to convey any physical threat. And I can’t terrify or intimidate you, even with the prospect of revealing you for a pack of morons who ought to be voted out of office — after all, you’re in Arizona, where prolonged lawlessness, venality and idiocy seem to be sure paths to electoral victory.

I certainly do mean to annoy and offend you, though. You’ve been swept up in the moronic and thoughtless anti-bullying craze and consequently passed a bill that is ridiculous on its face, a bill that criminalizes annoying and offending people on the internet. That’s like criminalizing driving on the road. By so clearly violating the First Amendment, you’ve violated your oaths of office. You should be ashamed of yourselves. What kind of example are you setting for the children of Arizona by ignoring the law to pass fashionable rubbish? It is no excuse that you are merely modifying an archaic law to apply it to the internet — you’re still enacting patently unconstitutional legislation.

That’s Ken at Popehat, inviting the Arizona state legislature to “snort my taint, go to Hell, and go fuck yourselves”.

March 28, 2012

Odd network issue

Filed under: Technology — Tags: — Nicholas @ 08:18

As many of you know, I’m an editor at GuildMag, an online magazine devoted to the ArenaNet games Guild Wars and the soon-to-be-released Guild Wars 2. Yesterday, I’d been on the GuildMag site several times to update our most recent beta coverage post. Around 5 pm, I’d added a few entries to the blog post and saved the page (it’s a WordPress blog). The page timed out on me.

Not a big deal, just reload the page — but it still won’t reload. It’s not just the blog UI, it’s the whole site that is inaccessible. Several re-tries, but no change. I posted a Twitter update to let people know that the site was temporarily down and that we’d be back as soon as possible … but I was told that the site is fine: it’s apparently just me having connectivity problems. Well, it was getting toward time to break for dinner anyway, so I logged off for a few hours.

Later that night, I still have the same problem, but on a different computer (that is, it’s not just my laptop being unable to load www.guildmag.com). That means the problem lies somewhere between our wireless router and the site. I took my laptop down into the basement and directly connected it to the cable modem, but the site is still inaccessible (so it’s not our router that’s suddenly allergic to GuildMag). I did a “whois” search to get the IP address (81.169.145.152). Still can’t connect using the IP address in Chrome, Firefox, and IE.

The editor-in-chief says he believes me, but clearly suspects that I’m trying to avoid some upcoming work…

Update: Ah, thanks to a suggestion from Marc, I tried connecting to the site on my iPhone: it works on a 3G connection, but doesn’t work when I use the wifi.

(more…)

March 15, 2012

Santorum vows to eliminate online porn

Filed under: Liberty, Media, Politics, Technology, USA — Tags: , , , , , — Nicholas @ 10:26

As if he wasn’t already socially conservative enough, Rick Santorum is now promising a moral crusade to clean up the internet:

Internet pornography could conceivably become a thing of the past if Rick Santorum is elected president.

The unapologetic social conservative, currently in second place behind Mitt Romney for the GOP nomination, has promised to crack down on the distribution of pornography if elected.

Santorum says in a statement posted to his website, “The Obama Administration has turned a blind eye to those who wish to preserve our culture from the scourge of pornography and has refused to enforce obscenity laws.”

If elected, he promises to “vigorously” enforce laws that “prohibit distribution of hardcore (obscene) pornography on the Internet, on cable/satellite TV, on hotel/motel TV, in retail shops and through the mail or by common carrier.”

Abusing the homeless … by giving them money to perform tasks

Filed under: Media, Politics, Technology, USA — Tags: , , , — Nicholas @ 09:13

Chris Selley skewers the bien-pensant journalists who got so upset that some homeless people were given an opportunity to earn money:

Now, you might think homeless people, development directors at homeless shelters and anti-homelessness activists would know a thing or two about what homeless people need and want, and you would be correct. You might therefore think this was a good-news story, and you would be wrong. BBH took heavy fire from keyboard warriors who think the program was just ghastly.

Here in Canada, Maclean’s technology correspondent Jesse Brown, perhaps testing out a new hyperbole app, led the pack. He called it a “disgusting marketing ploy,” an “epic milestone in the history of bad taste,” “grotesque” and “degrading — literally.” Yes, literally.

“Yes, [the employee] keeps the money. No, that doesn’t make it okay,” he sniffed, presumably enjoying easy access to many multiples of $50 as he typed.

[. . .]

There ought to be an official term for this phenomenon, wherein well-meaning, bien-pensant carer/sharers freak out on behalf of a group of (homeless, poor, oppressed, disaster-afflicted) people, only to be told by those people to shut their goddamn pie holes. We saw it after the 2010 earthquake in Haiti, when people criticized Royal Caribbean cruise lines for continuing to sail to its private beaches in the country, where it employs locals and, for a time, donated the proceeds of its visits to relief efforts. Such bad taste!

March 14, 2012

Michael Geist rounds up the changes to Bill C-11

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , , , , , — Nicholas @ 11:58

It’s not wonderful, but as he points out, it could have been much worse:

In the days leading up to the clause-by-clause review, many focused on three key issues: no SOPA-style amendments such as website blocking or warrantless disclosure of information, maintaining the fair dealing balance found in the bill, and amending the digital lock provisions. By that standard, the changes could have been a lot worse. The government expanded the enabler provision, though not as broadly as CIMA requested. Virtually all other copyright lobby demands – website blocking, notice-and-takedown, iPod tax, copyright term extension, disclosure of subscriber information – were rejected. Moreover, the provisions supported by consumer and education groups including user generated content protection, time shifting, format shifting, backup copies, Internet provider liability, and statutory damages reform were left untouched. This represents a major victory for the many Canadians and groups such as Open Media that spoke out on these issues.

The fair dealing provision was similarly left unchanged despite a full court press from publishers and copyright collectives who sought elimination of the education category within fair dealing (didn’t happen), inclusion of the Berne three step test in the law (didn’t happen) or a new fair dealing test that overrules the Supreme Court of Canada CCH test (didn’t happen). The expanded fair dealing provision will not cause the horrors claimed by those groups and it is heartening that the government dismissed the misinformation campaign.

The only loss was the least surprising — digital locks. Despite widespread support for compromise legislation and sensible amendments from both the NDP and Liberals, the government rejected any changes. Given the government’s consistent support for digital locks, the ongoing pressure from the U.S., and Prime Minister Harper’s direct intervention on the issue in 2010, amending the digital lock rules presented a major challenge. Government MPs yesterday emphasized the possibility of future new exceptions via regulation but that will be cold comfort in the short term to those with perceptual disabilities, researchers, documentary film makers, consumers, and the many others adversely affected by the restrictive approach. In fact, one NDP MP raised the possibility of constitutional challenges to the bill.

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