Inspiring Freedom-enhancing Practices
How do we inspire freedom–enhancing practices? Through regulation? An organised global movement? http://eicker.at/CR
Tagged: Internet Freedom Toggle Comment Threads | Keyboard Shortcuts
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Gerrit Eicker
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Gerrit Eicker
The Open Web
The Internet and Web are, need, and will stay open – this gorgeous discussion proves it once again; http://eicker.at/OpenWeb
Gerrit Eicker
Internet Freedom vs. Government
TC: Twitter’s new policies demonstrate the complicated relationship between Internet freedom and government; http://eicker.at/2o
Gerrit Eicker
Dark on January 18, 2012
The Web goes dark on January 18, 2012, protesting #SOPA/#PIPA: Wikipedia, BoingBoing, many more; http://eicker.at/J18 #J18
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Gerrit Eicker
Wikipedia: “Today, the Wikipedia community announced its decision to black out the English-language Wikipedia for 24 hours, worldwide, beginning at 05:00 UTC on Wednesday, January 18 (you can read the statement from the Wikimedia Foundation here). The blackout is a protest against proposed legislation in the United States – the Stop Online Piracy Act (SOPA) in the U.S. House of Representatives, and the Protect IP Act (PIPA) in the U.S. Senate – that, if passed, would seriously damage the free and open Internet, including Wikipedia. … My hope is that when Wikipedia shuts down on January 18, people will understand that we’re doing it for our readers. We support everyone’s right to freedom of thought and freedom of expression. We think everyone should have access to educational material on a wide range of subjects, even if they can’t pay for it. We believe in a free and open Internet where information can be shared without impediment. We believe that new proposed laws like SOPA – and PIPA, and other similar laws under discussion inside and outside the United States – don’t advance the interests of the general public. You can read a very good list of reasons to oppose SOPA and PIPA here, from the Electronic Frontier Foundation. … On January 18, we hope you’ll agree with us, and will do what you can to make your own voice heard.”
BoingBoing: “On January 18, Boing Boing will join Reddit and other sites around the Internet in ‘going dark’ to oppose SOPA and PIPA, the pending US legislation that creates a punishing Internet censorship regime and exports it to the rest of the world. Boing Boing could never co-exist with a SOPA world: we could not ever link to another website unless we were sure that no links to anything that infringes copyright appeared on that site. So in order to link to a URL on LiveJournal or WordPress or Twitter or Blogspot, we’d have to first confirm that no one had ever made an infringing link, anywhere on that site. Making one link would require checking millions (even tens of millions) of pages, just to be sure that we weren’t in some way impinging on the ability of five Hollywood studios, four multinational record labels, and six global publishers to maximize their profits.”
SOPA Strike: “On January 18th, 2012 the internet is going on strike to stop the web censorship bills in Congress! Now is our moment – we need you to do everything you can, whether you have a website or not. … January 18th is going to be amazing. Sites are striking in all different ways, but they are united by this: do the biggest thing you possibly can, and drive contacts to Congress. Put this on your site or automate it by putting this JS into your header, which will start the blackout at 8AM EST and end at 8PM EST. … On Jan 24th, Congress will vote to pass internet censorship in the Senate, even though the vast majority of Americans are opposed. We need to kill the bill – PIPA in the Senate and SOPA in the House – to protect our rights to free speech, privacy, and prosperity. We need internet companies to follow Reddit’s lead and stand up for the web, as we internet users are doing every day.”
TC: “Wikipedia’s Jimmy Wales wanted to send a ‘big message’ to the U.S. government regarding the two heinous internet censorship bills currently being considered, and after a brief period of debate the world’s encyclopedia will soon do just that. – The Wikipedia founder announced on Twitter today that starting at midnight on Wednesday, January 18, the English language version of the world’s encyclopedia will go dark for 24 hours in protest of SOPA and PIPA. With their commitment confirmed, Wikipedia will be joining a slew of websites and companies that will suspend their operations for one day in an effort raise awareness around the two bills. … Though the event is meant to raise public awareness over two critical pieces of legislation, Wales still took a moment to offer a bit of sage advice for students heading back to school: ‘Student warning! Do your homework early. Wikipedia protesting bad law on Wednesday!’“
Gerrit Eicker
Online Piracy and an Open Internet
White House: Combating Online Piracy while Protecting an Open and Innovative Internet; http://eicker.at/PiracyInternet #SOPA
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Gerrit Eicker
White House, Victoria Espinel, Aneesh Chopra, and Howard Schmidt: “Right now, Congress is debating a few pieces of legislation concerning the very real issue of online piracy, including the Stop Online Piracy Act (SOPA), the PROTECT IP Act and the Online Protection and Digital ENforcement Act (OPEN). We want to take this opportunity to tell you what the Administration will support – and what we will not support. … Any effort to combat online piracy must guard against the risk of online censorship of lawful activity and must not inhibit innovation by our dynamic businesses large and small. Across the globe, the openness of the Internet is increasingly central to innovation in business, government, and society and it must be protected. … We must avoid creating new cybersecurity risks or disrupting the underlying architecture of the Internet. Proposed laws must not tamper with the technical architecture of the Internet through manipulation of the Domain Name System (DNS), a foundation of Internet security. … Let us be clear – online piracy is a real problem that harms the American economy, and threatens jobs for significant numbers of middle class workers and hurts some of our nation’s most creative and innovative companies and entrepreneurs. … That is why the Administration calls on all sides to work together to pass sound legislation this year that provides prosecutors and rights holders new legal tools to combat online piracy originating beyond U.S. borders while staying true to the principles outlined above in this response. … This is not just a matter for legislation. We expect and encourage all private parties, including both content creators and Internet platform providers working together, to adopt voluntary measures and best practices to reduce online piracy.”
RWW: “In a statement on behalf of the Obama administration this morning, a trio of senior officials including the nation’s Chief Technology Officer made clear that any anti-piracy legislation passing the President’s desk would not create risks of censorship, nor would it condone any alterations to the Internet’s domain name system that could invite security dangers. … That President Obama himself has not made a statement is probably intended to help him preserve his official position as against online piracy. However, this recommendation will very likely be heeded, and this move may slow, if not halt, any legislative activity on this matter for the remainder of this term in the Senate. In the House, which remains under Republican control, the SOPA bill (minus the court order provision that constituted its main enforcement provision) may still be voted on, but the chances of it facing reconciliation with a Senate version of the same bill are now extremely minimal.”
ATD: “Obama: Don’t Worry Internet, I Got Your Back on That SOPA Thing – Today it became clear that SOPA, at least in its current form, will never get that far. Word came from the White House today that the administration, while sympathetic to the cause of curbing online piracy, will support neither the SOPA bill nor its companion bill – known as PIPA – in the Senate. … Piracy is bad, but approaches like SOPA are bad solutions that would potentially hurt the free-flowing, vibrant Internet we’ve all come to rely on for so many things. … Somehow, I find it encouraging that opposing SOPA – or at least calling for changes to it – was the issue on which Obama and Cantor, who can’t seem to agree on anything, found they had some room for common ground. Could this signify a badly needed thaw in bipartisan relations in Washington?”
VB: “In other words, the White House seems intent on striking a balance between two competing constituencies, Hollywood and Silicon Valley. Both of them have supported Obama, and they have very opposed interests. Big media companies, including big record companies and Hollywood film studios, want a hardline to protect copyright, so that they can make more money from their content, and have supported both the House and the Senate Bills. Tech companies such as Google, Facebook, Yahoo and others, however, oppose SOPA legislation, warning in a Nov. 15 letter that it would force new burdensome mandates on law-abiding technology companies…”
TC: “Support in Washington for the SOPA anti-piracy bill in Congress (and its Senate equivalent, PIPA), is waning. After weeks of mounting uproar online, Congressional leaders started backpedaling last week and the Obama Administration weighed in on Saturday in response to online petitions to stop the bills. The White House issued a clear rejection of some of the main principles of SOPA. – While the White House supports the major goal of the bills to stop international online piracy, the growing chorus of complaints about the ham-fisted way the law is going to be implemented may finally be acting a s a counterweight to all the media-company lobbying which is trying to push the bills through. … But it still is not clear how the objectives of the bills can be achieved without causing damage to the Internet. Congress should come up with a different mechanism for going after foreign pirate sites or else kill the bills entirely. – SOPA supporters may be rethinking their positions, but they have not retreated entirely. Online SOPA opponents shouldn’t be doing any victory dances just yet.”
TC: “What is Internet freedom? The United States government has an ‘Internet freedom’ agenda, complete with speeches by the Secretary of State and millions of dollars in program funding. A key United Nations official last year issued a major report emphasizing the right of all individuals freely to use the Internet. Taking a different tack, Vint Cerf, one of the Internet’s founding fathers and ‘Chief Internet Evangelist’ at Google, recently argued in the New York Times that Internet access is not a human right. And Devin Coldewey parsed the debate in TechCrunch, noting that the Internet is an enabler of rights, not a right unto itself. … Government officials and their private sector counterparts have a key role to play in all of this. The United States should be in the lead in formulating acceptable international definitions of Internet freedom, aggression, and cyber security that respect widely-recognized human rights. … Even some of America’s closest democratic friends have views of Internet freedom that are more restrictive than those widely held in the United States. Witness recent attempts by the government of India to have key Internet companies remove objectionable content or restrictions in Europe on online speech that insults population groups. But the effort begins with getting straight precisely what we mean by ‘Internet freedom.’ The idea – and the reality – is too important to muddle.“
Gerrit Eicker
Internet Access: a Human Right?
A UN report declared Internet access a human right last summer: Cerf argues why it’s not; http://eicker.at/InternetHumanRight
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Gerrit Eicker
UN: “Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression – This report explores key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet. The Special Rapporteur underscores the unique and transformative nature of the Internet not only to enable individuals to exercise their right to freedom of opinion and expression, but also a range of other human rights, and to promote the progress of society as a whole. Chapter III of the report underlines the applicability of international human rights norms and standards on the right to freedom of opinion and expression to the Internet as a communication medium, and sets out the exceptional circumstances under which the dissemination of certain types of information may be restricted. Chapters IV and V address two dimensions of Internet access respectively: (a) access to content; and (b) access to the physical and technical infrastructure required to access the Internet in the first place. More specifically, chapter IV outlines some of the ways in which States are increasingly censoring information online, namely through: arbitrary blocking or filtering of content; criminalization of legitimate expression; imposition of intermediary liability; disconnecting users from Internet access, including on the basis of intellectual property rights law; cyber-attacks; and inadequate protection of the right to privacy and data protection. Chapter V addresses the issue of universal access to the Internet. The Special Rapporteur intends to explore this topic further in his future report to the General Assembly. Chapter VI contains the Special Rapporteur’s conclusions and recommendations concerning the main subjects of the report.”
Wired: “U.N. Report Declares Internet Access a Human Right – A United Nations report said Friday that disconnecting people from the internet is a human rights violation and against international law. – The report railed against France and the United Kingdom, which have passed laws to remove accused copyright scofflaws from the internet. It also protested blocking internet access to quell political unrest… The report, by the United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, comes the same day an internet-monitoring firm detected that two thirds of Syria’s internet access has abruptly gone dark, in what is likely a government response to unrest in that country.”
Cerf, NYT: “Internet Access Is Not a Human Right – It is no surprise, then, that the protests have raised questions about whether Internet access is or should be a civil or human right. … In June, citing the uprisings in the Middle East and North Africa, a report by the United Nations’ special rapporteur went so far as to declare that the Internet had ‘become an indispensable tool for realizing a range of human rights.’ … But that argument, however well meaning, misses a larger point: technology is an enabler of rights, not a right itself. There is a high bar for something to be considered a human right. Loosely put, it must be among the things we as humans need in order to lead healthy, meaningful lives, like freedom from torture or freedom of conscience. It is a mistake to place any particular technology in this exalted category, since over time we will end up valuing the wrong things. … Indeed, even the United Nations report, which was widely hailed as declaring Internet access a human right, acknowledged that the Internet was valuable as a means to an end, not as an end in itself. … While the United States has never decreed that everyone has a ‘right’ to a telephone, we have come close to this with the notion of ‘universal service’… Improving the Internet is just one means, albeit an important one, by which to improve the human condition. It must be done with an appreciation for the civil and human rights that deserve protection – without pretending that access itself is such a right.”
GigaOM: “Cerf’s position is somewhat surprising because, as even he acknowledges in his piece for the NYT, the events of the ‘Arab Spring’ in 2011… Cerf is also the ‘chief Internet evangelist’ at Google, so it seems a little odd he would be downplaying the need for widespread internet access and the benefits that it brings to society. … In a nutshell, Cerf’s argument seems to be that if we define Internet access itself as a right, we are placing the focus on the wrong thing. The ‘Net, he says, is just a technological tool that enables us to exercise other fundamental rights, such as the right to free speech or access to information – and rights should not be awarded to tools, but to the ends that they enable us to reach. … The Internet is a fundamental method of communication and connection, and is becoming more fundamental all the time, as we’ve seen in the Middle East and elsewhere. Seeing it as a right is an important step towards making it available to as many people as possible.”
TL: “As I noted in my earlier essay, the best universal service policy is marketplace competition. When we get the basic framework right – low taxes, property rights, contractual enforcement, anti-fraud standards, etc. – competition generally takes care of the rest. But competition often doesn’t develop – or is sometimes prohibited outright – in sectors or for networks that are declared ‘essential’ facilities or technological entitlements. … So, while I appreciate and agree with Cerf’s humorous point that ‘Today, if I were granted a right to have a horse, I’m not sure where I would put it,’ the more interesting question is this: If government would have decreed long ago that everyone had a right to a horse, would that have meant everyone actually got one? … These are the sort of questions rarely asked initially in discussions about proposals to convert technologies or networks into birthright entitlements. Eventually, however, they become inescapable problems that every entitlement system must grapple with. When we discuss the wisdom of classifying the Internet or broadband as a birthright entitlement, we should require advocates to provide us with some answers to such questions. Kudos to Vint Cerf for helping us get that conversation going in a serious way.”
TC: “So, is the internet a human right? It is our best and most effective way of achieving a universal freedom of expression, and it should be treated as such. But to enshrine it, as others have said, as a human right when it is in fact merely a powerful enabler thereof, is an unnecessary step. Laws and regulations, and things like UN guidelines, should be aimed at enshrining rights in their pure and timeless forms, not in derivative forms, however widespread and important those derivatives may be.”
TR: “It might be argued that internet access was a civil right, since it is something that people look to governments to provide as a matter of course. But even this argument is shaky, he warns. Instead we should look not to the technology, but to the technology industry, to protect human rights, and it is up to engineers to ensure universal, safe internet access. … Cerf, whose current day job is being an internet evangelist for Google, may well have a point. But based on current evidence, there’s a mixed record from the technology industry thus far, not least from Silicon Valley itself. … From a technical perspective, El Reg suspects that Cerf has it right: the internet is no more a human right than a road or telephone. But looking to a relatively amoral industry like technology to act as a human rights guardian is asking for trouble.“
Gerrit Eicker
SOPA Nightmare
Petri on Judiciary Committee’s SOPA hearings: I just want the nightmare to be over; http://eicker.at/SOPAnightmare
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Gerrit Eicker
WP, Petri: “Last night I had a horrifying dream that a group of well-intentioned middle-aged people who could not distinguish between a domain name and an IP address were trying to regulate the Internet. Then I woke up and the Judiciary Committee’s SOPA hearings were on. … [T]his is like a group of well-intentioned amateurs getting together to perform heart surgery on a patient incapable of moving. … This is terrifying to watch. It would be amusing – there’s nothing like people who did not grow up with the Internet attempting to ask questions about technology very slowly and stumbling over words like ‘server’ and ‘service’ when you want an easy laugh. Except that this time, the joke’s on us. … This afternoon, the hearings continue, with even more amendments. But at the rate it’s going, it looks likely that SOPA will make it to the floor. – I just want the nightmare to be over.”
VB: “A group of influential and iconic tech entrepreneurs have written an open letter of opposition to the recently proposed Stop Online Piracy Act (SOPA), which has been published as a paid advertisement in several major U.S. newspapers today. … The opposition letter warns of the dangers that SOPA would bring to business and innovation. It’s signed by Google co-founder Sergey Brin, Twitter co-founder Jack Dorsey, Netscape co-founder and prominent investor Marc Andreessen, PayPal and Tesla founder Elon Musk and several others. … In addition to those top tech executives, several companies and organizations have publicly come out against SOPA. Open-source online encyclopedia Wikipedia is even toying with the idea of staging a blackout in protest of the proposed law.”
An Open Letter to Washington: “We’ve all had the good fortune to found Internet companies and nonprofits in a regulatory climate that promotes entrepreneurship, innovation, the creation of content and free expression online. – However we’re worried that the Protect IP Act and the Stop Online Piracy Act – which started out as well-meaning efforts to control piracy online – will undermine that framework. – These two pieces of legislation threaten to: Require web services, like the ones we helped found, to monitor what users link to, or upload. This would have a chilling effect on innovation; – Deny website owners the right to due process of law; – Give the U.S. Government the power to censor the web using techniques similar to those used by China, Malaysia and Iran; and – Undermine security online by changing the basic structure of the Internet. – We urge Congress to think hard before changing the regulation that underpins the Internet. Let’s not deny the next generation of entrepreneurs and founders the same opportunities that we all had.” … [Signed by] Marc Andreessen (Netscape and Andreessen Horowitz), Sergey Brin (Google), Jack Dorsey (Twitter and Square), Caterina Fake (Flickr and Hunch), David Filo (Yahoo!), Reid Hoffman (LinkedIn), Arianna Huffington (The Huffington Post), Chad Hurley (YouTube), Brewster Kahle (Internet Archive and Alexa Internet), Elon Musk (PayPal), Craig Newmark (craigslist), Pierre Omidyar (eBay), Biz Stone (Obvious and Twitter), Jimmy Wales (Wikipedia and Wikimedia Foundation), Evan Williams (Blogger and Twitter), Jerry Yang (Yahoo!)
NYT: “For years, pirated movies, television shows and music have been on the Internet. … Now, however, two bills, broadly supported on both sides of the political aisle, aim to cut off the oxygen for foreign pirate sites by taking aim at American search engines like Google and Yahoo, payment processors like PayPal and ad servers that allow the pirates to function. – Naturally the howls of protest have been loud and lavishly financed, not only from Silicon Valley companies but also from public-interest groups, free-speech advocates and even venture capital investors. They argue – in TV and newspaper ads – that the bills are so broad and heavy-handed that they threaten to close Web sites and broadband service providers and stifle free speech, while setting a bad example of American censorship. – Google itself has hired at least 15 lobbying firms to fight the bills; Mozilla has included on its Firefox browser home page a link to a petition with the warning, ‘Congress is trying to censor the Internet.’ A House committee plans to take up one of the bills, the Stop Online Piracy Act, on Thursday. … Many in the Internet world, however, see ominous aspects even in the revision. ‘There are some provisions that have improved,’ said Markham Erickson, executive director of NetCoalition, a group of technology companies that includes Facebook, LinkedIn and eBay. – ‘Unfortunately,’ Mr. Erickson said, ‘the amendment also creates new problems in other places and fails to correct some of the original concerns we have raised since the start of the debate.’ … A third alternative emerged last week, as Representative Darrell Issa, a California Republican, and Senator Ron Wyden, an Oregon Democrat who has been blocking the Senate bill from getting to the floor, introduced a new proposal that would make the United States International Trade Commission the arbiter for Internet disputes over copyrighted material. ‘Butchering the Internet,’ Mr. Issa said, ‘is not a way forward for Americirca.’”
TLF: “On Thursday, the House Judiciary Committee is slated to take up the misleadingly named Stop Online Piracy Act, an Internet censorship bill that will do little to actually stop piracy. In response to an outpouring of opposition from cybersecurity professionals, First Amendment scholars, technology entrepreneurs, and ordinary Internet users, the bill’s sponsors have cooked up an amended version that trims or softens a few of the most egregious provisions of the original proposal, bringing it closer to its Senate counterpart, Protect-IP. But the fundamental problem with SOPA has never been these details; it’s the core idea. The core idea is still to create an Internet blacklist, which means everything I say in this video still holds true. Let’s review the main changes. … These changes are somewhat heartening insofar as they evince some legislative interest in addressing the legitimate concerns that have been raised thus far. But the problem with SOPA and Protect IP isn’t that they need to be tweaked in order to get the details of an Internet censorship system right. There is no ‘right’ way to do Internet censorship, and the best version of a bad idea remains a bad idea.”
WMF: “How SOPA will hurt the free web and Wikipedia – Wikipedia arguably falls under the definition of an ‘Internet search engine,’ and, for that reason, a federal prosecutor could obtain a court order mandating that the Wikimedia Foundation remove links to specified ‘foreign infringing sites’ or face at least contempt of court sanctions. The definition of “foreign infringing sites” is broad and could well include legitimate sites that host mostly legal content, yet have other purported infringing content on their sites. Again, many international sites may decide not to defend because of the heavy price tag, allowing an unchallenged block by the government. The result is that, under court order, Wikimedia would be tasked to review millions upon millions of sourced links, locate the links of the so-called ‘foreign infringing sites,’ and block them from our articles or other projects. It costs donors’ money and staff resources to undertake such a tremendous task, and it must be repeated every time a prosecutor delivers a court order from any federal judge in the United States on any new ‘foreign infringing site.’ Blocking links runs against our culture of open knowledge, especially when surgical solutions to fighting infringing material are available. … In short, though there have been some improvements with the new version, SOPA remains far from acceptable. Its definitions remain too loose, and its structural approach is flawed to the core. It hurts the Internet, taking a wholesale approach to block entire international sites, and this is most troubling for sites in the open knowledge movement who probably have the least ability to defend themselves overseas. The measured and focused approach of the DMCA has been jettisoned. Wikimedia will need to endure significant burdens and expend its resources to comply with conceivably multiple orders, and the bill will deprive our readers of international content, information, and sources.”
Forbes, Tassi: “How SOPA Could Ruin My Life – Hi, my name is Paul, and I’m a small business owner. But my storefront isn’t quite of the traditional variety. Rather, it’s a virtual one, a website I built from scratch, and currently own and operate. … But that might not be the case if the Stop Online Piracy Act (SOPA) passes. My virtual small business, along with many others like it, might be history. – Why is this? Am I a pirate, who feeds my users stolen content every day and deserves to be slain by a new law like this? Not at all, and this is the fundamental problem with SOPA and other prospective laws like it (Protect IP most recently). … The fine print of the law says sites that distribute copyrighted content could be subject to summary censorship, ie Torrent sites and the like. But it also encompasses any sites that LINK to copyrighted content, which is the bomb that blows up any semblance of sense this bill might have had. … So how many of these reports would it take before I lose my advertisers? Get my site on a government blacklist? Twenty? A dozen? Five? As an owner of a YouTube channel and Facebook page, I’ve had content falsely reported for copyright many times. … Stop SOPA, stop Protect IP, stop letting congressmen who don’t even understand the internet to dictate its future. Go here to voice your concerns, and pray that even if you’re not handing them tens of thousands of dollars in campaign cash, that your representatives might actually listen to you.”
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Gerrit Eicker
TC: “What was expected in this contingency was for the committee to resume work whenever the House reconvenes in January. After all, with such controversial and far-reaching legislation, it is better to take one’s time. But no: the committee has announced it will continue markup this coming Wednesday, the 21st of December. … It’s telling how badly the bill’s supporters want this thing to go through that they’re willing to come in right in the middle of the holidays to do work that could easily be done a few weeks from now. We’ll follow up on Wednesday, when the bill is likely to be approved and sent on to the House.”
SEL: “The delay is to allow more experts to weigh in with opinions and recommendations addressing technical, legal and first amendment issues. – If you’re involved with any type of online marketing, you should learn as much as you can about this proposed legislation, as the implications (mostly negative, unless you’re a large content provider or trademark holder) are huge.”
Gerrit Eicker
We Work For The Internet
Wales thinks about a blackout of Wikipedia to protest SOPA. – We Work For The Internet; http://eicker.at/WeWorkForTheInternet
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Gerrit Eicker
VB: “Strike! Wikipedia founder floats idea of site blackout to protest SOPA – Wikipedia, the web’s edit-friendly encyclopedia, is considering drastic action to get the government to back down from passing the Stop Online Privacy Act (SOPA), a bill that opponents consider the equivalent of legalizing web censorship. – In a note posted to his personal page Saturday, Wikipedia founder Jimmy Wales floats the idea of a community strike that would make the entire site blank to U.S., and possibly even global, visitors.”
Wales, Wikipedia: “A few months ago, the Italian Wikipedia community made a decision to blank all of Italian Wikipedia for a short period in order to protest a law which would infringe on their editorial independence. The Italian Parliament backed down immediately. As Wikipedians may or may not be aware, a much worse law going under the misleading title of ‘Stop Online Piracy Act’ is working its way through Congress on a bit of a fast track. I may be attending a meeting at the White House on Monday (pending confirmation on a couple of fronts) along with executives from many other top Internet firms, and I thought this would be a good time to take a quick reading of the community feeling on this issue. My own view is that a community strike was very powerful and successful in Italy and could be even more powerful in this case. There are obviously many questions about whether the strike should be geotargetted (US-only), etc. (One possible view is that because the law would seriously impact the functioning of Wikipedia for everyone, a global strike of at least the English Wikipedia would put the maximum pressure on the US government.) At the same time, it’s of course a very very big deal to do something like this, it is unprecedented for English Wikipedia. … So, this is a straw poll. Please vote either ‘support’ or ‘oppose’ with a reason, and try to keep wide-ranging discussion to the section below the poll. – To be clear, this is NOT a vote on whether or not to have a strike. This is merely a straw poll to indicate overall interest. If this poll is firmly ‘opposed’ then I’ll know that now. But even if this poll is firmly in ‘support’ we’d obviously go through a much longer process to get some kind of consensus around parameters, triggers, and timing.”
I Work For The Internet: “We work for the Internet. We know first-hand that the Internet powers the American dream. American innovators have built the world’s most popular sites, selling products and services to every corner of the globe, creating high-paying jobs from Maine to Hawaii. If Congress passes the Stop Online Piracy Act, America’s most promising engine of future jobs and opportunity will be put at risk. Don’t stop us now – we’re just getting started! Tell the world you work for the Internet.”
TC: “Congress is moving ahead with trying to pass SOPA – the so-called ‘Stop Online Piracy Act’ that includes all sorts of draconian measures that would stifle free expression as we know it. Here’s a simple action you can take to tell everyone how you feel about that. – A site called ‘I Work For The Internet’ lets you upload a photo and first name, and what you do for a living. … You might not change any votes by sharing your photo, but you’ll get some comfort out of participating if you’ve been feeling that the bill has been incorrectly portrayed as ‘media companies versus tech companies,’ like I have. Browsing the site will also give you a visceral sense of who all those other random internet users are out there.”
GigaOM: “In contrast to SOPA and PIPA, which many critics said were far too wide-ranging in their definition of what constitutes an ‘infringing site’ – a net some believed could easily have trapped popular media and content sites like YouTube as well as obvious piracy-focused services – OPEN narrows that to concentrate on those ‘dedicated to infringing activity.’ It also requires that the International Trade Commission be the independent arbiter of whether a site qualifies, whereas SOPA gave companies the ability to shut down websites with just a court order. – In a long analysis of OPEN, technology and intellectual-property law expert Eric Goldman said the new proposed law isn’t perfect, but is a ‘useful starting point’ for a conversation about how to implement anti-piracy legislation – and how to do this without caving in to what he called ‘rent seekers’ in the media and entertainment industries, and without breaking the Internet by forcing ISPs to change the domain-name system. … Whether any of these efforts will result in Congress turning away from its support of SOPA and PIPA remains to be seen, but it appears a number of forces both inside the government and outside are determined not to let that happen without a fight.“
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Gerrit Eicker
Zeldman: “THE MOST IMPORTANT THING you can do today: help STOP SOPA once and for all. – The Stop Online Piracy Act could pass this week. U.S. friends reading this, call your Representatives now to be heard before the bill is finalized and voted on. Fightforthefuture.org makes it easy. Go there and do this. – We thank you.”
VB: “So far, 87% of Wikipedians support an anti-SOPA blackout – Wikipedia might see a blackout to protest the Stop Online Piracy Act (SOPA), which goes before the U.S. House Judiciary Committee this Thursday, December 15. – Wikimedia chief Jimmy Wales recently started a poll to determine whether Wikipedia’s vast community thought SOPA was worth protesting. He noted that a similar protest conducted on the Italian Wikipedia site had a profound impact and asked users to weigh in on a blackout for the English-language version of the site.”
RWW: “There is already a well-functioning administrative body for handling intellectual property disputes between U.S.-based companies and parties in foreign countries. It’s the U.S. International Trade Commission (USITC), and if you’ve followed the many disputes brought by Apple against mobile phone makers, by mobile phone makers against Apple, and among IP portfolio holders such as Qualcomm and Broadcom, no doubt you’ve heard of USITC. – So why didn’t Congress consider the Commission as a solution for the burning problem of resolving piracy matters with unknown parties outside U.S. borders? That’s a question being asked, and possibly even answered, by an alternative bill introduced last week to the Stop Online Piracy Act (SOPA) and PROTECT-IP bills in the House and Senate, respectively. This morning, a cavalcade of leading tech companies known to oppose SOPA already have signed on as supporters of the USITC-based alternative.“
Gerrit Eicker
Internet Censorship: SOPA and PIPA
Internet censorship made in the USA: SOPA and PIPA are a major attack on Internet freedom; http://eicker.at/InternetCensorship
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Gerrit Eicker
Wikipedia: “The Stop Online Piracy Act (SOPA), also known as H.R.3261 and the E-Parasite (Enforcing and Protecting American Rights Against Sites Intent on Theft and Exploitation) Act, was introduced in the United States House of Representatives on October 26, 2011 by Representative Lamar Smith (R-TX) and a bipartisan group of 12 initial co-sponsors. – The bill’s sponsors and advocates say it’s needed to help U.S. law enforcement and copyright holders fight online traffic in copyrighted intellectual property and ensuing revenue and job losses. Its opponents say it will ‘break the internet’, cost jobs, and threaten whistleblowers and other free speech. Now before the House Judiciary Committee, it builds on the similar PRO-IP Act of 2008. The Senate’s corresponding bill, the Protect IP Act, was prevented from passing in early 2011 with a hold placed by Sen. Ron Wyden (D-OR). – The bill is divided into two titles with the first focusing on combating ‘foreign rogue sites’, websites outside U.S. jurisdiction that enable or facilitate copyright infringement, and the second focusing on increased penalties to combat intellectual property theft via digital means.”
Wikipedia: “PIPA – Protect IP Act, or (Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011), is also known as United States Senate Bill S.968. It was introduced on May 12, 2011 by Senator Patrick Leahy (D-VT) and 11 initial bipartisan co-sponsors. Its goal is to give the government and copyright holders additional tools to curb access to ‘rogue websites dedicated to infringing or counterfeit goods’, especially those registered outside the U.S. The Congressional Budget Office estimated that implementation of the bill would cost the federal government $47 million through 2016, to cover enforcement costs and the hiring and training of 22 new special agents and 26 support staff. The Senate Judiciary Committee passed the bill, but Senator Ron Wyden (D-OR) placed a hold on it. – The Protect IP Act is a re-write of the Combating Online Infringement and Counterfeits Act (COICA), which failed to pass in 2010. A similar House version of the bill, theStop Online Piracy Act (SOPA) was introduced on October 26, 2011.”
American Censorship: “American Censorship Day: Nov 16, 2011 – Congress holds hearings of the first American Internet censorship system. This bill can pass. If it does the Internet and free speech will never be the same. Join all of us to stop this bill. … Website Blocking – The government can order service providers to block websites for infringing links posted by any users. … Risk of Jail for Ordinary Users – It becomes a felony with a potential 5 year sentence to stream a copyrighted work that would cost more than $2,500 to license, even if you are a totally noncommercial user, e.g. singing a pop song on Facebook. … Chaos for the Internet – Thousands of sites that are legal under the DMCA would face new legal threats. People trying to keep the internet more secure wouldn’t be able to rely on the integrity of the DNS system. … Supporters: Public Knowledge, EFF, Free Software Foundation, Mozilla, Demand Progress, Fight For the Future, PPF, Creative Commons, Wikimedia”
Mashable: “Tumblr, Firefox and Reddit drew broad black lines on their websites Wednesday to protest a proposed U.S. law that Internet companies have dubbed ‘censorship’ and entertainment companies ‘piracy protection.’ – Tumblr has blacked out all user-generated content you see when you first log in. When you click on the gray lines to investigate, you’re told: ‘Congress is holding hearings today and will soon pass a bill empowering corporations to censor the Internet unless you tell them no,’ and then have an option to leave a phone number to be connected to your elected representative.”
TC: “Among numerous other issues, SOPA and its Senate counterpart, the PROTECT IP Act, would allow copyright holders to easily obtain court orders to stop US payment and ad providers from doing business with foreign sites, force search engines to block links to allegedly infringing sites, and require domain service providers to block domains of allegedly infringing sites from being accessible. Be sure to check out Devin Coldewey’s excellent teardown of SOPA and PROTECT IP for more details on why we and many (but not all) other internet users are opposed.”
Guardian: “Stop Sopa now – The Stop Online Piracy Act will kill online innovation and serve the interests not of ordinary web users but a corporate cartel – America is fond of chiding other nations about freedom of speech in the internet age. Leaders including President Obama and Secretary of State Hillary Clinton are constantly reminding their global counterparts, especially in places like China, that internet censorship is a detriment to open government and honest self-rule. Yet, the Obama administration has used tactics that smell of censorship, and Congress is making common cause with a corporate cartel that wants to turn the internet into little more than an enhanced form of cable television. … The damage Sopa would cause to existing services is bad enough. But the longer-range damage is literally incalculable, because the legislation is aimed at preventing innovation – and speech – that the cartel can’t control. … Meanwhile, the major media have been essentially silent on the issue. I’m not surprised. Big Media is an ally and member of the copyright cartel – and there may be more than a few people in traditional news organisations who fear the internet more than they worry about stifling speech.”
GigaOM: “The Internet isn’t just pipes; it’s a belief system – Draconian new anti-piracy laws that are being pushed through both the Senate and the House of Representatives are about more than just an academic debate over different legislative methods for fighting copyright infringement. … As the Stop Online Piracy Act – and its cousin the E-Parasite Act – have worked their way through the Senate and the House, a loose coalition of technology companies and open-Internet advocates have come together to oppose the legislation – including companies such as Google, Facebook, Twitter and Yahoo… The Internet by its nature is – among other things – a giant copyright-infringement machine. Because anyone can grab whatever content they wish and change it, mash it up with other content and instantly republish, it’s hugely frightening and threatening for many media companies and content owners. … That doesn’t mean we should encourage piracy, or deprive content owners of the tools to fight it when it occurs, but the reality is that they have those tools already in the DMCA and other existing legislation. SOPA and the E-Parasite Act aren’t just an expansion of those tools, they would alter the balance of power on the internet in fundamental ways and threaten the openness and freedom that generates a lot of the web’s value, both for businesses and for society as a whole. That’s not a trade we should make lightly, if at all.”
EFF: “This week the House of Representatives opens hearings on the Stop Online Piracy Act (SOPA), a bill that EFF – along with a number of prominent organizations and other actors – has opposed loudly and vigorously. – Though the bill would have grave implications on free expression for American Internet users, website owners, and intermediaries, its effects on the international community are even worse. In light of that fact, a coalition of international civil society and human rights groups have penned a letter expressing their opposition to the bill.”
SOPA Letter From Int’l Human Rights Community: “As press freedom and human rights advocates, we write to express our deep concern withH.R. 3261, the Stop Online Piracy Act (SOPA). While this is a domestic bill, there are several provisions within SOPA that would have serious implications for international civil and human rights which raise concerns about how the United States is approaching global internetgovernance. … Through SOPA, the United States is attempting to dominate a shared global resource. … SOPA puts the interests of rightsholders ahead of the rights of society. … Censoring the internet is the wrong approach to protecting any sectoral interest in business. By adopting SOPA, the United States would lose its position as a global leader in supporting a free and open Internet for public good. – The international civil and human rights community urges Congress to reject the Stop Online Privacy Act.”
GigaOM: “What the web is saying about SOPA – We’ve gathered a sample from various sources to help readers get a feel for the comments out there and see the big picture. Happy reading.”
Gerrit Eicker
Google Transparency Report
How do governments affect access to information? Google’s Transparency Report 2011; http://eicker.at/GoogleTransparencyReport
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Gerrit Eicker
Google: “How do governments affect access to information on the Internet? To help shed some light on that very question, last year we launched an online, interactive Transparency Report. All too often, policy that affects how information flows on the Internet is created in the absence of empirical data. But by showing traffic patterns and disruptions to our services, and by sharing how many government requests for content removal and user data we receive from around the world, we hope to offer up some metrics to contribute to a public conversation about the laws that influence how people communicate online. – Today we’re updating the Government Requests tool with numbers for requests that we received from January to June 2011. For the first time, we’re not only disclosing the number of requests for user data, but we’re showing the number of users or accounts that are specified in those requests too. … We believe that providing this level of detail highlights the need to modernize laws like the Electronic Communications Privacy Act, which regulates government access to user information and was written 25 years ago – long before the average person had ever heard of email.”
Google: “Transparency is a core value at Google. As a company we feel it is our responsibility to ensure that we maximize transparency around the flow of information related to our tools and services. We believe that more information means more choice, more freedom and ultimately more power for the individual. – We’ve created Government Requests to show the number of government inquiries for information about users and requests to remove content from our services. We hope this step toward greater transparency will help in ongoing discussions about the appropriate scope and authority of government requests. – Our interactive Traffic graphs provide information about traffic to Google services around the world. Each graph shows historic traffic patterns for a geographic region and service. By illustrating outages, this tool visualizes disruptions in the free flow of information, whether it’s a government blocking information or a cable being cut. We hope this raw data will help facilitate studies about service outages and disruptions.”
GigaOM: “Any lingering fantasies of the web as a no-man’s land where content is free from the restraints of geographical boundaries probably should be put to rest. Google Tuesday morning released a treasure trove of data relating to content-takedown requests, and the numbers speak for themselves: requests are up worldwide and Google complies with the majority of them. … When it comes to requests for user data, all that Google and companies of its ilk really can do is ensure that requests are within the bounds of the law and notify users of requests for their data. But in the United States, at least, the laws regarding web-user data are still fairly lax and don’t require a search warrant in many instances. It’s yet another example of the web and the law not being anywhere near on the same page. – It’s easy to poke them for being too willing to bend to the wills of government officials and authorities, but web companies can’t flaunt the laws of the countries in which they want to operate, either. Otherwise, as separate Google data illustrates, the lights might go out on their services in those countries.”
RWW: “Google has updated its Government Requests tool with data from the first half of this year. For the first time, the report discloses the number of users or accounts specified, not just the number of requests. Google also made the raw data behind government requests available to the public. … Electronic communications have changed a bit since 1986. They form a ubiquitous, always-on fabric of our lives now. Fortunately, Google isn’t any happier with the status quo than privacy-aware users are. It’s among a number of major Web companies pushing for better laws. And Google and other data-mining companies take their roles in public policy seriously. Both Google and Facebook’s lobbying efforts broke records this year.”
TC: “Google Declines To Remove Police Brutality Videos, Still Complies With 63% Of Gov’t Takedown Requests – US Government requests for user data jumped, however: 5950 versus 4287 during the same period in 2010, asking for information on 11,057 users. 93% of these were complied with, ‘fully or partially.’ So while they’re making something of a stand on removing data, they don’t seem to have any trouble giving it out.”
Guardian: “Figures revealed for the first time show that the US demanded private information about more than 11,000 Google users between January and June this year, almost equal to the number of requests made by 25 other developed countries, including the UK and Russia. – Governments around the world requested private data about 25,440 people in the first half of this year, with 11,057 of those people in the US. – It is the first time Google has released details about how many of its users are targeted by authorities, as opposed to the number of requests made by countries.”
VB: “Notably, in the United States, Google refused to remove YouTube clips showing police brutality. In these cases in particular, we are seeing how relatively neutral platforms such as YouTube can have great social impact depending on the intentions of the person posting the content and the integrity of the content host in keeping that content online.”
Wir sprechen Online. 
Time: “Is Google In Danger of Being Shut Out of the Changing Internet? – The upcoming IPO of Facebook, the flak surrounding Twitter’s decision to censor some tweets, and Google’s weaker-than-expected 4th-quarter earnings all point to one of the big events of our times: The crazy, chaotic, idealistic days of the Internet are ending. … The old Internet on which Google has thrived is still there, of course, but like the wilderness it is shrinking. … The danger to Google, in other words, is that as social networking, smartphones and tablets increasingly come to dominate the Internet, Google’s chance to earn advertising revenues from searching will shrink along with its influence. … Don’t get me wrong: Google is still a force, just as Microsoft, Intel and IBM are. But they are no longer at the epicentre of the zeitgeist. Like Microsoft before it, Google can fight the good fight on many different fronts. Whether it can ever find an engine of growth capable of supplanting its core business is another question.”
Battelle: “It’s Not Wether Google’s Threatened. It’s Asking Ourselves: What Commons Do We Wish For? – If Facebook’s IPO filing does anything besides mint a lot of millionaires, it will be to shine a rather unsettling light on a fact most of us would rather not acknowledge: The web as we know it is rather like our polar ice caps: under severe, long-term attack by forces of our own creation. … We lose a commons, an ecosystem, a ‘tangled bank’ where serendipity, dirt, and iterative trial and error drive open innovation. … What kind of a world do we want to live in? As we increasingly leverage our lives through the world of digital platforms, what are the values we wish to hold in common? … No gatekeepers. The web is decentralized. Anyone can start a web site. … An ethos of the commons. The web developed over time under an ethos of community development, and most of its core software and protocols are royalty free or open source (or both). … No preset rules about how data is used. If one site collects information from or about a user of its site, that site has the right to do other things with that data… Neutrality. No one site on the web is any more or less accessible than any other site. If it’s on the web, you can find it and visit it. … Interoperability. Sites on the web share common protocols and principles, and determine independently how to work with each other. There is no centralized authority which decides who can work with who, in what way. … So, does that mean the Internet is going to become a series of walled gardens, each subject to the whims of that garden’s liege? – I don’t think so. Scroll up and look at that set of values again. I see absolutely no reason why they can not and should not be applied to how we live our lives inside the worlds of Apple, Facebook, Amazon, and the countless apps we have come to depend upon. … I believe in the open market of ideas, of companies and products and services which identify the problems I’ve outlined above, and begin to address them through innovative new approaches that solve for them. I believe in the Internet. Always have, and always will.”
Winer: “I don’t love Google but… John Battelle is right. Google defined the web that we like, and the web we like defined Google. Having Google break the contract is not just bad for Google, it’s bad for the web. – Two take-aways from this: 1. We should be more careful about who we get in bed with next time. 2. We probably should help Google survive, but only to the extent that they support the open web that we love.”
Scoble: “It’s too late for Dave Winer and John Battelle to save the common web – The lesson today, four years later, is that the common web is in grave threat, not just from Facebook’s data roach motel but from Apple’s and Amazon’s and, now, Google. … Now do you get why I really don’t care anymore? The time for a major fight was four years ago. – I understood then what was at stake. – Today? It’s too late. My wife is a great example of why: she’s addicted to Facebook and Zynga and her iPhone apps. – It’s too late to save the common web. It’s why, for the past year, I’ve given up and have put most of my blogging into Google+. I should have been spending that effort on the web commons and on RSS but it’s too late. … I’m not going back to the open web. Why? The juice isn’t there. … What’s Dave Winer’s answer? He deleted his Facebook account and is working hard to try to get people to adopt RSS again. Sorry, Dave, but Twitter is a better place to get tech news. … So, cry me a river. I’m a user. I tried to stick up for the common web in 2008. Where was the protest then? I was called an ‘edge case’ and someone who should be ignored. … Today? No, don’t put me on stage at conferences. Get regular people, like my wife, who could tell you why they don’t like the open web and, why, even, they are scared of it. … John, where were you? At least Dave has been consistently trying to keep us putting content on blogs and on RSS, which ARE the open common web. It’s just that it’s too late. We’re firmly locked back in the trunk and the day for blowing open the trunk has come and gone.”
Winer: “Scoble: I’ll go down with the ship – Then I saw the web. It meant everything to me, because now there was no Apple in my way telling me I couldn’t make programming tools because that’s something they had an exclusive on. I was able to make web content tools, and evolve them, and get them to users, and learn from our experiences, without the supervision of any corporate guys, who see our communities as nothing more than a business model. – So Scoble, you can go enjoy whatever it is you like about Facebook. I can’t imagine what that might be. I don’t use it because that would be like going back to the system that didn’t work. I’d rather work for a very small minority of free users, than try to be an approved vendor in a world controlled by a bunch of suits. For me that’s the end. I’d rather go make pottery in Italy or Slovenia. … To me Facebook already feels over. I really don’t feel like I’m missing anything. Look at it this way. There’s lots of stuff going on right now that I’m not part of. That’s the way it goes. Me and Facebook are over. It’s going to stay that way. And if I’m on a ship that’s sinking, well I’ve had a good run, and I can afford to go down with the ship, along with people who share my values. It’s a cause, I’ve discovered, that’s worth giving something up for.”
Boyd: “Facebook is the new AOL, despite the market cap. But it’s headed for a hard landing for other reasons than Winer is pushing. Facebook will fail because of the imminent rise of social operating systems – future versions of iOS, Mac OS X, and Android – which will break the Facebook monolith to bits.”
Dyson: “Is the Open Web Doomed? Open Your Eyes and Relax – I’m wading into an argument that I think may be overblown. With Facebook going public and Google threatened by apps and closed services such as FB, is the open web doomed? You might think so after reading the dueling blog posts of John Battelle, Robert Scoble and Dave Winer in the past few days. But things are a bit more complicated. … So what’s the difference between paternalism and our duty to save people from tyrants or from companies whose privacy statements are incomprehensible? If people are happy with Facebook, why should we disturb them? If the Iraqis weren’t going to topple Saddam Hussein, what right – or obligation – did we outsiders have to do so? … Of course, we can also be part of the backlash…I’m not saying don’t be part of the backlash; I’m just suggesting that the backlash will work – abetted by the march of technology and user neophilia. … Right now, we’re moving slowly from open data and APIs and standards, to a world of Facebook and apps. We’re likely to see abandonment of the DNS by consumers both because of those apps, and a tragedy of the commons where new Top-Level Domain names (.whatevers and .brands) confuse users and lead to more use of the search box or links within apps. … I don’t actually think we’re facing a world of no choices. In fact, we all have many choices … and it’s up to us to make them. Yes, many people make choices I despise, but this is the world of the long tail. Of course, the short, fat front is always more popular; it all gets homogenized and each individual gets either one central broadcast, or something so tailored he never learns anything new, as in Eli Pariser’s filter bubble… That’s exactly when some fearless entrepreneur will come along with something wild and crazy that will totally dominate everything 10 years later.”