Quotulatiousness

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.

March 7, 2012

Robot barf

Filed under: Media, Technology — Tags: , , — Nicholas @ 09:50

An amusing article at the Guardian about those hard-to-avoid QR codes:

The idea behind a Quick Response (QR) code is pretty simple, even useful, when applied correctly. You snap a picture of a code and your mobile phone whisks you off to a web page — no typing necessary. The problem is that the vast majority of people have no idea what the codes are, or that they are supposed to interact with them.

Most people look at a QR code and see “robot barf”, but marketers seem to think they are a must-have technology for their advertising campaigns. In their minds, eager consumers wander around with their smartphones, scanning square codes wherever they appear. As a result, the codes appear just about everywhere, and often in some really absurd places.

Being strangely fascinated by their misuse, we decided to collaborate on a Tumblr, wtfqrcodes, to document this ridiculous trend. We started the blog with about a dozen of our own pictures and invited visitors to submit their pictures as well. That’s where we’ve gotten some of our best stuff – we’ve been amazed at some of the places QR codes show up. It’s obvious that most companies just don’t understand the technology … and that’s a recipe for some very funny posts.

Used as they were originally intended, you encounter a bit of robot barf like this one:

You take a picture of it and it opens a URL or provides other encoded information. If it’s in a printed ad or on a billboard, you probably have an idea where it’ll take you. Encountering them outside their “natural habitat”: just the bare QR code with no other information, you don’t know where it’ll take you or what kind of content it’ll provide.

March 6, 2012

Australia’s “Ministry of Truth” founding document

Filed under: Australia, Law, Liberty, Media, Politics — Tags: , , , , — Nicholas @ 00:07

A rather alarming report to the Australian government by Ray Finkelstein recommends setting up a News Media Council to exercise control over political speech in the media, both professional (TV, radio, and newspapers) and amateur (bloggers, Facebookers, Twitterers, and other private individuals posting their opinions to the internet). It appears to be directed at climate change sceptics, but the provisions of the proposed body of rules will allow a great deal of control over all political speech:

The historic change to media law would break with tradition by using government funds to replace an industry council that acts on complaints, in a move fiercely opposed by companies as a threat to the freedom of the press.

The proposals, issued yesterday by Communications Minister Stephen Conroy, also seek to widen the scope of federal oversight to cover print, online, radio and TV within a single regulator for the first time.

Bloggers and other online authors would also be captured by a regime applying to any news site that gets more than 15,000 hits a year, a benchmark labelled “seriously dopey” by one site operator.

The head of the review, former Federal Court judge Ray Finkelstein, rejected industry warnings against setting up a new regulator under federal law with funding from government.

[. . .]

“News Media Council should have power to require a news media outlet to publish an apology, correction or retraction, or afford a person a right to reply,” the report states. It says this would be enforced through the courts.

The council would absorb the supervision of radio and TV current affairs by Canberra’s existing regulator, the Australian Communications and Media Authority, which ran the “cash for comment” investigation into talkback radio over many years.

The council would scrutinise online news sites that get more than 15,000 hits a year, clearing the way for government-funded action against amateur website operators who comment on news and current affairs. Greg Jericho, a prominent Canberra blogger on national politics, said: “The level of 15,000 hits a year, or about 40 hits a day, is seriously dopey.”

Some media executives privately dubbed the News Media Council as a potential “star chamber” because it would not have to give reasons for its decisions, which would not be subject to appeal

There’s a petition site at http://www.freespeechaustralia.com/ for those Australians who’d like to register their opposition to the new council.

Some excerpts from a Menzies House email from Timothy Andrews:

It is clear from the report, in particular paragraphs 4.31-4.42, that silencing climate realists is a major reason for these regulations: it is unashamedly explicit in this (and even uses the dirty trick of using polls from — wait for it — 1966 as evidence the media is pro-climate skeptic, and that — wait for it — only the ABC is unbiased!)

The size and scope of the proposed Super-Regulator is breathtaking. They will have the power to impose a “code of ethics”, force you to print views you don’t agree with as part of a ‘right of reply’, take you to court, and even make you take pieces down! Even personal blogs that get only 40 hits a day will be covered! To make matters worse, the SuperRegulator “would not have to give reasons for its decisions” and the decisions “would not be subject to appeal.” Even climate change websites in other countries like Watt’s Up With That will be covered by this!

[. . .]

11.69 Another aspect of jurisdiction concerns how the News Media Council will exercise its power over all internet publishers. Foreign publishers who have no connection with Australia will be beyond its reach. However, if an internet news publisher has more than a tenuous connection with Australia then carefully drawn legislation would enable the News Media Council to exercise jurisdiction over it.

Well, unless Australia is going to claim jurisdiction over the entire internet, I would imagine it will only prevent Australians from visiting foreign sites. I guess it’s a good thing that they’ve been getting friendlier with China: they can order up their national firewall from the same division of the People’s Liberation Army internet force.

James Delingpole points out that the usual suspects are involved in the process:

You can read the full 400 pages here, if you’re feeling masochistic. But Australian Climate Madness has a pretty good summary of the key issues of concern, starting with Pinkie Finkie’s proposal to create a new super-regulator called the News Media Council [missed a trick there, didn’t he? surely Ministry of Truth would have been more appropriate] which will impose its idea of fairness and balance not only on newspapers but even on blogs with as few hits as 15,000 a year.

But whose idea of fairness and balance?

It’s an astonishing fact that of the 10600 submissions received by the inquiry no fewer than 9600 were boilerplate submissions from left-wing pressure groups, led by Avaaz “a global civic organization launched in January 2007 that promotes activism on issues such as climate change, human rights, poverty and corruption.”

March 2, 2012

The ugly twins: censorship and surveillance

Filed under: Government, Liberty, Media, Technology — Tags: , , , , , — Nicholas @ 10:27

Cory Doctorow in the Guardian:

There was a time when you could censor without spying. When Britain banned the publication of James Joyce’s Ulysses in the 1920s and 1930s, the ban took the form on a prohibition on the sale of copies of the books. Theoretically, this entailed opening some imported parcels, and it certainly imposed a constraint on publishers and booksellers. It was undoubtedly awful. But we’ve got it worse today.

Jump forward 80 years. Imagine that you want to ban www.jamesjoycesulysses.com due to a copyright claim from the Joyce estate. Thanks to the Digital Economy Act and the provision it makes for a national British copyright firewall, we’re headed for a system where entertainment companies can specify URLs that have “infringing” websites, and a national censorwall will block everyone in the country from visiting those sites.

In order to stop you from visiting www.jamesjoycesulysses.com, the national censorwall must intercept all your outgoing internet requests and examine them to determine whether they are for the banned website. That’s the difference between the old days of censorship and our new digital censorship world. Today, censorship is inseparable from surveillance.

February 29, 2012

“Taken together, the [Canadian] music industry demands make SOPA look like some minor tinkering with the law”

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , , , , — Nicholas @ 11:51

Michael Geist on the representatives of the Canadian music industry and their breathtaking demands for modifications to Bill C-11:

The steady procession of Canadian music industry representatives to the Bill C-11 committee continues today with the Canadian Independent Music Association (CIMA) ready to add to an already long list of industry demands to completely overhaul the bill. The music industry demands keep growing, but CIMA’s list is the most radical to date as it would create liability risk for social networking sites, search engines, blogging platforms, video sites, aggregators, and many other websites featuring third party contributions. If that were not enough, the industry is also calling for a new iPod tax, an extension in the term of copyright, a removal of protections for user generated content, parody, and satire, as well as an increase in statutory damage awards. Taken together, the music industry demands make SOPA look like some minor tinkering with the law.

Note that industry had already called for SOPA-style reforms such as website blocking and expanded liability that could extend to sites such as YouTube before the hearings began. This week has seen an industry lawyer inaccurately portray global approaches to digital lock rules and a musician association demand full statutory damages of up to $20,000 per infringement for non-commercial infringements by individuals.

Those demands are nothing compared to what CIMA has in mind, however. Topping the list is a massive expansion of the enabler provision. The music industry wants to remove a requirement that the so-called pirate sites be “designed primarily” to enable copyright infringement.

[. . .]

There is virtually no limit to prima facie liability under this provision as most sites can be said to enable some infringement, particularly if they allow for users to post or interact with the site. This includes sites like Google, Facebook, Reddit, and Youtube. All of these sites — indeed virtually any blogging platform, social network, search engine, or website that offers third party contributions — would face the risk of a prima facie claim under the music industry’s vision of the enabler provision.

February 24, 2012

ESR’s open letter to Chris Dodd

Filed under: Liberty, Media, Politics, Technology — Tags: , , , , — Nicholas @ 09:18

Chris Dodd is apparently trying to get some kind of compromise or accommodation with the firms of Silicon Valley. ESR explains that this is not likely to yield the kind of returns he’s expecting:

Mr. Dodd, I hear you’ve just given a speech in which you said “Hollywood is pro-technology and pro-Internet.” It seems you’re looking for interlocutors among the coalition that defeated SOPA and PIPA, and are looking for some politically feasible compromise that will do something against the problem of Internet piracy as you believe you understand it.

There isn’t any one person who can answer your concerns. But I can speak for one element of the coalition that blocked those two bills; the technologists. I’m not talking about Google or the technology companies, mind you — I’m talking about the actual engineers who built the Internet and keep it running, who write the software you rely on every day of your life in the 21st century.

[. . .]

The difference matters because the businesspeople rely on us to do the actual technical work — and since the rise of the Internet, if we don’t like where a firm’s strategy is going, it tends not to get there. Wise bosses have learned to accommodate us as much as possible and pick the few fights they must have with their engineering talent very, very carefully. Google, in particular, got its huge market capitalization by being better at managing this symbiosis than anyone else.

I can best introduce you to our concerns by quoting another of our philosopher/elders, John Gilmore. He said: “The Internet interprets censorship as damage and routes around it.”

February 23, 2012

Michael Geist on why Canada should not appear in the US piracy watchlist

Filed under: Cancon, Law, Liberty, Media, Technology, USA — Tags: , , , , — Nicholas @ 13:16

You’d think, as Canada ranks 13th in the world for strength of intellectual property protection (much higher than the US at 24th spot), there’d be no question that Canada should not be considered as a “piracy haven”. But you’d be wrong:

In what has become an annual rite of spring, each April the U.S. government releases its Special 301 report — often referred to as the Piracy Watch List — which claims to identify countries with sub-standard intellectual property laws. Canada has appeared on this list for many years alongside dozens of countries. In fact, over 70% of the world’s population is placed on the list and most African countries are not even considered for inclusion.

While the Canadian government has consistently rejected the U.S. list because it “basically lacks reliable and objective analysis”, this year I teamed up with Public Knowledge to try to provide the U.S. Trade Representative Office with something a bit more reliable and objective. Public Knowledge will appear at a USTR hearing on Special 301 today. In addition, last week we participated in meetings at the U.S. Department of Commerce and USTR to defend current Canadian copyright law and the proposed reforms.

The full submission on Canadian copyright is available here. It focuses on four main issues: how Canadian law provides adequate and effective protection, how enforcement is stronger than often claimed, why Canada is not a piracy haven, and why Bill C-11 does not harm the interests of rights holders (critics of Bill C-11 digital lock rules will likely think this is self-evident).

February 22, 2012

Rick Mercer: Get a warrant, Vic!

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , — Nicholas @ 11:39

“Mr. Toews encapsulated both the intellectual bankruptcy of the post-9/11 security/freedom equation and the capricious, self-indulgent doltishness that sometimes infects the Conservative government’s policymaking”

Filed under: Cancon, Government, Liberty, Media, Technology — Tags: , , , , , — Nicholas @ 11:19

Chris Selley in the National Post on the disappointing moment at the start of the fight against C-30, the Canadian government’s internet bill that would eviscerate what little privacy protection still exists:

The most disappointing moment in the otherwise heartening backlash against the Protecting Children from Online Predators Act came right at the beginning, immediately after Public Safety Minister Vic Toews issued his immortal Question Period ultimatum. Mr. Toews was defending a law that would, among other things, allow government agents to march into your Internet service provider, without a warrant, and “examine any document, information or thing.” In this regard, he said Liberal MP Francis Scarpaleggia, and by extension all Canadians, “can either stand with us or with the child pornographers.”

He deserved — Canadian democracy deserved — nothing less than a humiliating, well-crafted, immediate putdown. He didn’t even get a “for shame.”

[. . .]

In a dozen words, Mr. Toews encapsulated both the intellectual bankruptcy of the post-9/11 security/freedom equation and the capricious, self-indulgent doltishness that sometimes infects the Conservative government’s policymaking. Any high school student should be able to identify and debunk the fallacy Mr. Toews was employing; to defend the intrinsic value of freedom and privacy; to articulate the dangers of handing governments excessive and unnecessary powers.

[. . .]

So, I think Mr. Toews’ comment sealed the deal. In the light of day, the War on Terror-era “you’re with us or you’re with the terrorists” argument is cringe-inducing; sub in criminals for terrorists and it’s laughable. More importantly, though, I suspect Mr. Toews finally confirmed a certain suspicion among many Canadians: When the government tells you it needs to limit your privacy or freedom, what it probably means is that it wants to limit your privacy and freedom and thinks you won’t put up a fight. It’s delightful to see this government proved wrong.

February 19, 2012

Toews didn’t even know what was in his own proposed legislation

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , , — Nicholas @ 11:36

In an interview with the CBC, Public Safety Minister Vic Toews reveals that he hasn’t actually read or understood his own bill:

In an interview airing Saturday on CBC Radio’s The House, Toews said his understanding of the bill is that police can only request information from the ISPs where they are conducting “a specific criminal investigation.”

But Section 17 of the ‘Protecting Children from Internet Predators Act’ outlines “exceptional circumstances” under which “any police officer” can ask an ISP to turn over personal client information.

“I’d certainly like to see an explanation of that,” Toews told host Evan Solomon after a week of public backlash against Bill C-30, which would require internet service providers to turn over client information without a warrant.

“This is the first time that I’m hearing this somehow extends ordinary police emergency powers [to telecommunications]. In my opinion, it doesn’t. And it shouldn’t.”

As was detailed in a recent post on the Canadian Privacy Law Blog, Bill C-30 is riddled with nasty little booby traps, including a provision that prevents your ISP from telling you that your information has been given to the police (or other “inspectors” as designated by the minister) even after the investigation is complete. For that matter, there doesn’t even have to be a criminal investigation underway: if someone is given the role of “inspector” under this bill, they have the right to demand this information under any circumstances at all.

An update to that blog post since last time I linked to it:

Update (18 February 2012): It is really worth noting that this gag order is not new. It has existed in PIPEDA for quite some time. What is new is extending it to cover “lawful access” requests.

People should be aware that — I am told — in the vast majority of cases, internet service providers will willingly hand over customer information without a warrant when the police tell them that it is connected with a child exploitation investigation (using something cynically called a “PIPEDA Request”, which I’ve blogged about before). If your internet service provider hands over your information voluntarily, that’s also subject to the gag order in Section 9 of PIPEDA.

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