SOPA/PIPA/ACTA: Censorship’s Digital Hydra

ACTAMEDIA ROOTS — With governments, citizens, and activists worldwide increasingly relying on the internet, the environment the internet fosters is a hotly contested issue.  Last summer, the United Nations declared that disconnecting people from the internet was a human rights violation and against international law.  Considering internet access as a human right and witnessing the vital contribution it has played in the Arab Spring and Occupy Movements, the sanctity of preserving a free and open internet, or net neutrality, can’t be understated.  Even the U.S. military recently acknowledged the critical role of cyberspace by including the digital domain in its latest concept of “full spectrum dominance.” 

As humanity’s relationship with the burgeoning information age matures, threats to a free and open internet continue to proliferate.  Indeed, when the printed press, radio, TV, and every other technological innovation, which have promised to revolutionize public access to a diversity of information, were developed, they’ve faced consolidation, monopolization, and the resultant transferences of power and control into few hands.  Now, potential predators stalk the digital realm; and they have been revealed as SOPA, PIPA and ACTA.

SOPA, PIPA and ACTA all generally share the same goals which are to ostensibly protect trademarks and intellectual property, while fending off counterfeiting and pirating.  SOPA and PIPA are U.S. pieces of legislation, while ACTA is a transnational agreement.  After recent public outcries, internet users defeated an attempt to pass SOPA and PIPA on Capitol Hill.  However, SOPA will be resurrected soon.  Meanwhile, countries around the world vigorously protest the enactment of ACTA.  What’s the significance of these acronyms on our digital routines?  Let’s break each one down individually and have a closer look.

PIPA: Protect IP Act – Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property

PIPA’s stated goal would have given the U.S. government and copyright holders additional capabilities to restrict access to websites involved in copyright infringement and the distribution of counterfeit goods.  Senator Patrick Leahy (D-VT) originally introduced Senate Bill 968 on May 12, 2011, but the motion to proceed with the legislation was withdrawn January 23, 2011. 

The most controversial aspect of the bill would have enabled Domain Name System (DNS) blocking and redirection.  DNS serves as the virtual yellow pages of the internet.  By blocking and redirecting DNS, this essentially tears entire pages out of the phone book, creating an incomplete version, no longer compatible with the rest of the world.  In this scenario, a simple search for a site would yield a message stating the site no longer exists. 

SOPA: Stop Online Piracy Act

SOPA (H.R. 3261) is the sister bill to PIPA in the House of Representatives.  SOPA was introduced by U.S. Representative Lamar Smith (R-TX).  Its legal aim was to provide law enforcement agencies greater online jurisdiction to prevent violation of copyrighted intellectual property and the creation of counterfeit goods. 

According to OpenCongress.org,

“This bill would establish a system for taking down websites that the Justice Department [DoJ] determines to be dedicated to copyright infringement. The DoJ or the copyright owner would be able to commence a legal action against any site they deem to have ‘only limited purpose or use other than infringement,’ and the DoJ would be allowed to demand that search engines, social networking sites and domain name services block access to the targeted site. It would also make unauthorized web streaming of copyrighted content a felony with a possible penalty up to five years in prison.”

The bill’s inherent dangers would have allowed the U.S. government and private companies to arbitrarily incapacitate websites, thus threatening freedom of speech.  Furthermore, thousands of websites would have been jeopardized based on their user-generated content, which in turn, frequently relies on copyrighted material.  Following the SOPA Blackout Day on January 18th, Senate Majority Leader Harry Reid (D-NV) rescinded H.R. 3261’s vote on January 24, 2012. 

This brief video offers a concise explanation of SOPA.

The battle for online freedom plows ahead, in light of a new bill originating in the Senate Homeland Security and Government Affairs Committee.  Senator Joe Lieberman (I-CT), who chairs the Committee, is engineering the latest attempt to widely expand authority by Executive Branch departments over the internet.  The debut of this new cybersecurity bill is expected today, February 16, 2012.  Details of the cybersecurity bill have not been revealed, a result of the legislation’s crafters meeting behind closed doors.  Theories abound that the bill, which has benefited from bipartisan support, would grant the Department of Homeland Security expansive new powers to regulate and stake out the internet under the pretext of cybersecurity.  However, the persistent attempts to pass such legislation adversely impacting free speech and the flow of information must be questioned.  Large amounts of financial contributions to politicians, as well as dubious connections, may indicate that a broader agenda is at work.

Supporters of SOPA and PIPA will likely vigorously lobby for the new cybersecurity bill to be passed.  Backers of this type of legislation read like a who’s who list of Hollywood industry bosses.  From the MPAA (Motion Picture Association of America) to the RIAA (Recording Industry Association of America), major Hollywood power brokers angle to protect their interests.  A total of 161 entities have stumped for the passage of SOPA and PIPA.  Besides the MPAA and RIAA, they include the AFL-CIO, the International Brotherhood of Teamsters, Comcast, Disney, and Sony.  Based on some of the groups in favor, the entire matter appears to be a pet project of the Democrat Party.  This comes as no surprise when considering who the vanguard of Hollywood intellectual property has historically been.

Chris Dodd has made it his mission to crusade in Washington D.C. on behalf of Hollywood under the pretext of copyright protection legislation.  Dodd is the perfect bridge between Hollywood and the Beltway.  On March 1, 2011, Dodd was chosen as chairman of the MPAA.  On the side, he also lobbies for an organization called Creative America

According to Creative America’s website:

“…everyone in the community recognizes what a grave threat content theft poses to our livelihood and creativity – that thieves are making millions of dollars trafficking in stolen film and television while our jobs, pensions and residuals continue to decline.”

Some of the groups involved with Creative America include the CBS Corporation, NBC Universal, the Screen Actors Guild, Twentieth Century Fox, Viacom, and Warner Bros. Entertainment.  A simple search into Dodd’s previous career uncovers much cozier ties to D.C.

Dodd has enjoyed over three decades as a senator and has the distinction of being Connecticut’s longest serving senate member.  He’s one of the most recognizable Democratic senators of years past, with posts on the Committee on Foreign Relations, the Committee on Banking, Housing and Urban Affairs, and the Committee on Health, Education, Labor and Pensions.  However, his post-political career has proven quite lucrative.  According to sources, Dodd rakes in a $1.5 million salary as chairman of the MPAA.  The appointment of Dodd to head the MPAA might be the biggest coup Hollywood has had in years. 

Further evidence from Dodd himself reinforces this as he threatened to cut off financial contributions from Hollywood to politicians who did not support SOPA and PIPA.  The pipeline of sizeable contributions from Hollywood going to politicians is a healthy one most on Capitol Hill would prefer to preserve.

Democrat Senator Harry Reid has also asserted himself a champion of SOPA and PIPA legislation.  He has brought various versions of the bill to the Senate floor and may be bound to three and half million vested interests to pass the legislation; Reid was the beneficiary of $3.5 million from SOPA and PIPA advocates during the last campaign cycle.  Although donations to Reid stand out by far, other elected officials supporting the legislation have received contributions, too:  Democrat Chuck Schumer ($2.6 million), Democrat Kirsten Gillibrand ($2 million), Democrat Barbara Boxer ($1.4 million), and Republican Michael Bennet ($1 million).  Clearly, millions of reasons jeopardize maintaining a free and open internet.  One of those reasons is another piece of little known legislation, called ACTA.

ACTA: Anti-Counterfeiting Trade Agreement

ACTA protests have flashed across Europe over recent weeks.  Anti-ACTAvists have sprung up from the Netherlands to Germany to Poland and many other countries throughout Europe.  The contentious nature of ACTA attempts to normalize an international legal framework that enforces intellectual property rights, but also endeavors to target counterfeit goods and even generic medications.  On October 1st, 2011, Australia, Japan, Canada, Morocco, New Zealand, Singapore, South Korea, and the United States signed the agreement.  At the start of 2012, the European Union and 22 of its member states ratified ACTA, bringing the total signatories to 31. 

Battle lines have been drawn and two organizations are standing toe to toe—the MPAA and the Electronic Frontier Foundation (EFF).  According to the EFF, “[…] copyright industry rightsholder groups have sought stronger powers to enforce their intellectual property rights […] to preserve their business models.”  This sentiment essentially drives to the heart of the debate, one which also includes SOPA and PIPA.  Those opposed to restricting the internet view these efforts as a veiled and desperate attempt at trying to preserve an atrophying business model, being rendered obsolete by the age of digital file sharing.  This sentiment has galvanized many who sense that the true reason the public digital domain is under siege is in attempts to undermine free speech and democracy.  Due to what’s at stake, emotions have run high.  U.S. Rep. Darrell Issa (R-CA) has called it “more dangerous than SOPA.”  Popular opinion likely agrees with Issa, but is the truth harder to discern?

A lot of misinformation swirls around ACTA.  The hacktivist group Anonymous shares some of the blame.  A popular video produced by the amorphous, hacktivist collective shines light on ACTA’s pitfalls.  But is the hit piece video accurate?  According to ArsTechnica.com, there are four dubious claims that Anonymous makes:  ISPs will monitor all your data packets, ACTA obliges its member countries to assent to the worst features of SOPA and PIPA, generic drugs will be banned and seeds will be controlled via patents, and ISPs will be constantly required to scour their servers for even the smallest bits of copyrighted material.  The Anonymous video, which includes a qualifying disclaimer at the outset, has been widely embedded in articles online and reached nearly one million views.  Anonymous noted, “This video may not reflect the recent changes within the ACTA text.  However, it will give you an idea of what ACTA is about and why the internet should fight it.”  And, of course, after sorting any conflicting claims, ACTA still deserves a thumbs-down verdict.  We also bear in mind internet censorship, freedom of speech restrictions, loss of net neutrality, domestic surveillance, and civil rights erosions and police state repression have already been ongoing issues plaguing the U.S.  ACTA would simply codify existing repressive policies for people in the U.S. under the pretext of opposing counterfeiting.

ACTA is a poorly crafted agreement and simply bad.  ACTA’s basic criticisms are threefold:  the agreement’s designers are not democratically elected nor accountable, the ACTA negotiations were held in secret, and there was no discussion held in a public forum.  ReadWrite Enterprise does a fine job laying out ten reasons why ACTA fails.  Furthermore, even though ACTA probably won’t change U.S. law, it would lock us into a constrictive legal space in an area of law that changes rapidly.  Much like activists around the world can now respond more quickly to police brutality and government tactics of repression thanks to the internet, file sharing enthusiasts are finding new ways to circumvent internet censorship just as quickly.

The Internet Can’t Be Bound and Gagged

Already the hive mind of the internet has developed a solution to undercut potential censorship attempts.  Many people are unaware the internet exists similarly to an iceberg; only a small portion of it is visible to the average user.  A significant amount of the internet lies hidden in an area called the deep web.  The deep web lies obfuscated to the armchair web surfer due to an inability to access it by simply typing it into a search engine and accessing it.  For example, the deep web does not employ the use of meta tags or DNS and blocks search engines, among other characteristics, making navigation there challenging.  In this secretive environment, hackers have been diligently working on a new protocol called Tribler.

Tribler works in a similar fashion to other BitTorrent clients except that when search results are produced, they aren’t procured from a central index, rather they are directly produced from other peers.  According to TorrentFreak,

“Downloading a torrent is also totally decentralized. When a user clicks on one of the search results, the meta-data is pulled in from another peer and the download starts immediately. Tribler is based on the standard BitTorrent protocol and uses regular BitTorrent trackers to communicate with other peers. But, it can also continue downloading when a central tracker goes down.”

This type of decentralized structure would allow users to create ‘channels’ amongst themselves and make Tribler an indomitable force, making neutralization by censors extremely difficult.  Tribler will make it “impossible to shut down unless the whole Internet goes down with it.”  This will come as excellent news to millions of people witnessing attempts to stifle internet freedom with ACTA, SOPA, PIPA, and ongoing attacks on net neutrality. 

The race to control the internet rages on, but developments like this beg the question:  Does the internet adapt and evolve too quickly for elected officials to harness it?  This brings to mind Wile E. Coyote and the Roadrunner.  Some things can just never be caught.  However, U.S. voters continue to support the two-party system, which continually abandons them whilst representing corporate interests.  Time will tell.

Written by Adam Miezio for Media Roots

Photo by Flickr user DonkeyHotey

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DHS Targets Dissent Through Social Media Spying



BusinessmanFlickrInternets_dairyMEDIA ROOTS — The Electronic Privacy Information Center has obtained documents through an FOIA request detailing how the Department of Homeland Security’s (DHS) domestic spying program focuses primarily on media reports that are “critical of the agency and the U.S. government more broadly.”

This may be an unsurprising revelation, but these documents further expose the increasingly oppressive nature of the state and DHS to stifle free speech and target dissent under the umbrella of “‘national security.”

MR

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WASHINGTON POST
Civil liberties advocates are raising concerns that the Department of Homeland Security’s three-year-old practice of monitoring social media sites such as Facebook and Twitter could extend to tracking public reaction to news events and reports that “reflect adversely” on the U.S. government.

The activists, who obtained DHS documents through a Freedom of Information Act lawsuit, say one document in particular, a February 2010 analyst handbook, touts as a good example of “capturing public reaction” the monitoring of Facebook and other sites for public sentiment about the possible transfer of Guantanamo detainees to a Michigan prison.

With the explosion of digital media, DHS has joined other intelligence and law enforcement agencies in monitoring blogs and social media, which is seen as a valuable tool in anticipating trends and threats that affect homeland security, such as flu pandemics or a bomb plot.

But monitoring for “positive and negative reports” on U.S. agencies falls outside the department’s mission to “secure the nation,” said the Electronic Privacy Information Center, which obtained a copy of a contract and related material describing DHS’s social media monitoring through its FOIA suit.

Read more about DHS monitoring of social media concerns civil liberties advocates.

© 1996- The Washington Post

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Photo by Flickr user Adam Selwood

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Internet Censorship: SOPA, PIPA, & Big Brother



InternetUseflickrAdamSelwoodMEDIA ROOTS — A neutral Internet’s First Amendment rights to free speech, dissent, and political activity face serious challenges from Congress and the Obama Administration.  Currently, the House “Stop Online Piracy Act (SOPA) and its companion bill in the Senate, the Protect IP Act (PIPA)” are being debated in Congress. 

The Electronic Frontier Foundation has said the “major problem is that they are written to be overly broad and they are written to favour the rights-holders.  And, so, they allow a thing called a private right of action, which means that someone who believes that a [web]site is intended for, or allows, the distribution of their copyrighted material can go directly to that website’s ad networks or payment processors and have them cut off from those sources of revenue.” 

Clearly, SOPA and PIPA amount to a power grab by the legislation’s corporate supporters—Viacom, Netflix, U.S. Chamber of Commerce, Motion Picture Association of America, Recording Industry Association of America, and the AFL-CIO—to alter the structure of the internet in their pro-1% favour.  Today, Democracy Now! spoke with Corynne McSherry, who is the intellectual property director at the Electronic Frontier Foundation about the website strikes planned for tomorrow by Wikipedia and Reddit, protesting SOPA and PIPA, and Rebecca MacKinnon, author of Consent of the Networked: The Worldwide Struggle for Internet Freedom about online freedom and its role in cultivating a healthy democracy.

Media Roots is a prime example of the kind of website that could be targeted for aggregating material that may be deemed copyright  under the overarching SOPA and PIPA legislation.  Learn more about the bills and what you can do here.
 

MR

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DEMOCRACY NOW! — Wikipedia, the online encyclopedia and sixth most visited site in the world, will join websites like the content aggregator Reddit to “go dark” on Wednesday [18 Jan 2012] in opposition to the Stop Online Piracy Act (SOPA) and its companion bill, the Protect IP Act (PIPA), which are currently being debated in Congress. “What these bills propose are new powers for the government and also for private actors to create, effectively, blacklists of sites that allegedly are engaging in some form of online infringement and then force service providers to block access to those sites,” says Corynne McSherry, intellectual property director at the Electronic Frontier Foundation. “What we would have is a situation where the government and private actors could censor the net.” Chief technology officials in the Obama administration have expressed concern about any “legislation that…undermines the dynamic, innovative global Internet.” But the bills’ main backers—Hollywood movie studios and music publishers—want to stop the theft of their creative content, and the bills have widespread bipartisan support. A vote on SOPA is on hold in the House now, as the Senate is still scheduled vote on PIPA next Tuesday [1/24/12]. [rush transcript included]


DN!:  “If you want to know more about two controversial internet anti-piracy bills moving through Congress, you won’t be able to consult Wikipedia on Wednesday. The online encyclopedia and sixth most visited site in the world will join websites like the content aggregator Reddit to ‘go dark’ for 12 to 24 hours in opposition to the Stop Online Piracy, or SOPA, Act and its companion bill, the Protect IP Act. Wikipedia co-founder Jimmy Wales announced the decision to bring down his website last night on Twitter, writing, quote, ‘Student warning! Do your homework early. Wikipedia protesting bad law on Wednesday!’

The White House responded over the weekend to two petitions opposing the bills. The administration’s chief technology officials wrote on White House blog Saturday, quote, ‘We will not support legislation that reduces freedom of expression, increases cybersecurity risk, or undermines the dynamic, innovative global Internet.’

While the White House did not take a definite position on SOPA and the Protect IP Act, it has called for legislation to combat online piracy that has hurt the legislation’s main backers: Hollywood movie studios and music publishers who want to stop the theft of their creative content. Now a vote on SOPA is on hold in the House. The Senate is still scheduled to vote on the piracy issue next Tuesday, a week from today.

Well, to talk more about the Stop Online Piracy Act, or SOPA, and the Protect IP Act, we go to San Francisco to talk Corynne McSherry, who is the intellectual property director at the Electronic Frontier Foundation.

We welcome you to Democracy Now! Please explain both of these bills. It’s very tough, I think, for most people to understand the technical aspects of this legislation.”

CORYNNE McSHERRY:  “Sure. In a nutshell, what these bills propose are new powers for the government and also for private actors to create, effectively, blacklists of sites that allegedly are engaging in some form of online infringement and then force service providers to block access to those sites. And that’s why we call these the censorship bills, because effectively what we would have is a situation where the government and private actors could censor the net. So, U.S. citizens would basically get a different version of the internet, different from what you might get in, say, Italy or even China.”

DN!:  “So, explain the difference between SOPA and the Protect IP Act.”

CORYNNE McSHERRY:  “Well, currently they’re quite—they’re quite similar. As drafted, SOPA was much broader than the Protect IP Act, and the folks behind the bill realized that maybe it was a little bit too broad, so they tailored it down. So now they’re quite similar. One of the differences is that SOPA is, finally, after a great deal of activism, more or less on hold for now. But Senator Reid is saying that he’s going to push forward the Protect IP Act, despite all of the opposition.”

DN!:  “And explain who is behind these two acts.”

CORYNNE McSHERRY:  “Well, that’s not a great mystery. Both of these acts are clearly being pushed hard by the big media industries, who seem to think that online piracy is why they’re having trouble, and actually, who insist that they’re having all kinds of trouble and they’re failing immediately if something doesn’t—if legislation isn’t passed immediately, they’re going to all go under, which is not true. In fact, the motion picture industry has been posting record profits for five years straight.”

DN!:  “In a December hearing of the House Judiciary Committee, Congress Member Jason Chaffetz, a Republican from Utah, talked about the lack of expert consultation in drafting SOPA.”

Rep. Jason Chaffetz:  “I was trying to think of a way to try to describe my concerns with this bill, but basically, we’re going to create—we’re going to do surgery on the internet, and we haven’t had a doctor in the room tell us how we’re going to change these organs. We’re basically going to reconfigure the internet and how it’s going to work, without bringing in the nerds, without bringing in the doctors. And again, I worry that we did not take the time to have a hearing to truly understand what it is we’re doing. And to my colleagues, I would say, if you don’t know what DNSSEC is, you don’t know what you’re doing. And so, my concern is that there is a problem, but this is not necessarily the right remedy.

DN!:  “That was Utah Congress Member Chaffetz. Corynne McSherry, your response?”

Corynne McSherry:  “I think he’s absolutely right. SOPA, in particular, was negotiated without any consultation with the technology sector. They were specifically excluded. And one of the things I think is really exciting, though, is that—you know, no one asked the internet—well, the internet is speaking now. And so, we’re seeing all kinds of opposition all over the web. And there’s going to be a day of action tomorrow. People are really rising up and saying, ‘Don’t interfere with basic internet infrastructure. We won’t stand for it.'”

DN!: What do you make of President Obama’s position on the bill, Corynne?

Corynne McSherry:  “Well, it was heartening to see the White House statement and see the White House sort of stand with the internet and stand with its own commitments against censorship and against online censorship, in particular. Up until recently, we have been very concerned that there seemed to be a contradiction. On the one hand, you had Hillary Clinton criticizing foreign governments for online censorship and for censoring web results and so on. But at the same time, you had these bills rocketing through Congress that would propose very similar things. So, it was good to see the White House stand against that and criticize these bills. On the other hand, I am concerned that the White House seems to think that some kind of legislation needs to be passed this year. And I actually don’t think the case has been made for that.”

DN!:  “Talk about the whole issue of the protection of artists, for example, the music industry and their concerns.”

Corynne McSherry:  “Well, look, there’s no question that there’s plenty of infringement online. That’s been true for a long time now. The question is how you’re going to answer it. And the best way to respond—it’s very clear at this point. The best way to respond to online infringement is to give people a better alternative. And when that happens, people go to that. So that’s the best way to do it. It’s not to pretend that the Pirate Bay doesn’t exist; it’s to give people an alternative to the Pirate Bay. And one of the things that we’ve seen is that, actually, independent artists are taking advantage of new technologies to reach the—reach new audiences. Music fans have more access to more music than they ever had before, and different kinds of music. And that’s what happens when you take advantage of new technologies, as opposed to running away from it.”

DN!:  “Let me read you a tweet that Murdoch sent out this weekend: ‘So Obama has thrown in his lot with Silicon Valley paymasters who threaten all software creators with piracy, plain thievery.'”


Corynne McSherry:  “Well, you know, I think it’s ironic to talk about paymasters, given the amount of money that Hollywood has been spending in Congress to try to ram these bills through. I think it is true that the Obama administration has somewhat stood with Silicon Valley here, but I think Silicon Valley knows how to protect itself against so-called software piracy better than Rupert Murdoch will.”

DN!:  “Finally, the votes, where they stand this week?”
 

Corynne McSherry:  “Well, what we’re seeing now is Harry Reid, Senator Reid, is insisting that he’s going to go forward with a vote next Tuesday on the Protect IP Act. We’ll see what happens over the course of the week. Things have changed a lot. And after the day of action tomorrow, a lot of us are hopeful that Senator Reid will think better of trying to push this bill through, given the level of opposition. It’s really just a bad idea, particularly when you think about what they’re doing here. This is basic internet infrastructure that they’re messing with. And I think that Representative Chaffetz had it exactly right. It’s foolish to go in and interfere with internet infrastructure when you don’t know what you’re doing.”

DN!:  “And overall, SOPA and PIPA, how they’ve been separated?”

Corynne McSherry:  “Well, SOPA seems to be on hold for now. If PIPA is rammed through, it may be that in the House of Representatives they will try to revive SOPA and sort of bring the two bills in line. I certainly hope not, because that would be very, very dangerous for human rights, for internet security, and send an extremely negative signal around the world that the United States government does in fact support censorship, as long as you say that you’re doing it in the name of intellectual property enforcement.”

DN!:  “Corynne McSherry, I want to thank you for being with us, intellectual property director at the Electronic Frontier Foundation. When we come back, we’ll be joined by author Rebecca MacKinnon. She has just written the book, Consent of the Networked: The Worldwide Struggle for Internet Freedom. This is Democracy Now! Back in a minute.”

The original content of this program is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.

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DEMOCRACY NOW! — As protests mount against two controversial internet anti-piracy bills moving through Congress, we speak with Rebecca MacKinnon, author of the forthcoming book, “Consent of the Networked: The Worldwide Struggle for Internet Freedom.” “If we want democracy to survive in the internet age, we really need to work to make sure that the internet evolves in a manner that is compatible with democracy,” MacKinnon says. “And that means exercising our power not only as consumers and internet users and investors, but also as voters, to make sure that our digital lives contain the same kind of protections of our rights that we expect in physical space.” She argues that for every empowering story of the internet’s role, there are many more about the quiet corrosion of civil liberties by companies and governments. [rush transcript included]

 DN! “We’re joined by Rebecca MacKinnon in Washington, D.C., author of Consent of the Networked: The Worldwide Struggle for Internet Freedom.

“We welcome you to Democracy Now! Rebecca, the internet has been touted as such a tremendous liberating force. When we look at the events of this past year, the uprisings throughout the Middle East, part of the discussion of how that moment came is because of the internet, because of social media. And yet you talk about, more often than not, the internet is being used to spy on, to crack down on—spy on people, crack down on civil liberties. Talk about what you have found and how this relates to the legislation that we’re seeing now being developed in Washington.”

Rebecca MacKinnon:  “Well, thanks very much, Amy, for having me on here today.

“And just to connect my book to the issues that you were just discussing in the previous segment about the Protect IP Act and the Stop Online Piracy Act, I think the reason why this—these issues are so important for ordinary Americans and really go beyond just sort of a nerdy, geeky technical issue is that in today’s society, we, as citizens, increasingly depend on internet services and platforms, mobile services and platforms, not only for our personal lives and our businesses and our jobs, but also for our political discourse and political activism, getting involved with politics. And so, it’s very important that people who are exercising power, whether they’re corporate or whether they’re government, that are exercising power over what we can see, over what we can access, over what we can publish and transmit through these digital spaces, need to be held accountable, and we need to make sure that power is not being abused in these digital spaces and platforms that we depend on. And so, that’s why this SOPA and PIPA legislation and the fight over it is so important, is who are you empowering to decide what people can and cannot see and do on the internet, and how do you make sure that that power is not going to be abused in ways that could have political consequences. And we’ve actually seen how existing copyright law has sometimes been abused by different actors who want to prevent critics from speaking out.

“But coming back to the Arab Spring, my book is not about whether the good guys or the bad guys are winning on the internet. The internet is empowering everybody. It’s empowering Democrats. It’s empowering dictators. It’s empowering criminals. It’s empowering people who are doing really wonderful and creative things. But the issue really is how do we ensure that the internet evolves in a manner that remains consistent with our democratic values and that continues to support people’s ability to use these technologies for dissent and political organizing. And while the internet was part of the story in the Arab Spring in terms of how people were able to organize, it’s not so clear to what extent it’s going to be part of the story in terms of building stable democracies in countries like Tunisia and Egypt, where the dictators did fall, let alone in a number of other countries.

“In Tunisia, for instance, there is a big argument going on, now that they’ve had their set of democratic elections to the Constitutional Assembly, and they’re trying to write their constitution and figure out how to set up a new democracy. And Tunisia, under Ben Ali, was actually one of the most sophisticated Arab countries when it came to censoring and surveillance on the internet. And quite a number of the people who have been democratically elected in Tunisia are calling for a resumption of censorship and surveillance for national security reasons, to maintain public morals and public order. And there’s a huge debate going on about what is the role of censorship and surveillance in a democracy, and how do you make sure that power is not abused.

“And they turn and look at the United States, they look at Europe, and censorship laws are proliferating around the democratic world. And there’s not sufficient discussion and consideration for how these laws are going to be abused. And we’ve seen, actually, in Europe, with a number of efforts to censor both copyright infringement as well as child pornography and so on, that a lot of this internet blocking that happens, even in democracies, oftentimes exercises mission creep, so things that weren’t originally intended to be blocked end up getting blocked when the systems are in place. It’s really difficult to make sure that the censorship does not spread beyond its original intent. It’s very hard to control. So, this is one of the issues.

“It’s not that the internet isn’t empowering. It’s not that the internet can’t help the good guys—it certainly does. But we’re at a critical point, I think, in history, where the internet is not some force of nature. How it evolves and how it can be used and who it empowers really depends on all of us taking responsibility for making sure it evolves in a direction that’s compatible with democracy, and that it doesn’t empower the most powerful incumbent governments or the most powerful corporations to decide what we can and cannot see and do with our technology.”

 DN! “Rebecca MacKinnon, talk about the phenomenon, Control 2.0.”

Rebecca MacKinnon:  “Right. So, Control 2.0 is what I refer to in terms of how authoritarian governments are evolving in the internet age. And so, one example I use is China. And China, in many ways, is exhibit A for how an authoritarian state survives the internet. And how do they do that? They have not cut off their population from the internet. In fact, the internet is expanding rapidly in China. They now have over 500 million internet users. And the Chinese government recognizes that being connected to the global internet is really important for its economy, for its education, for its culture, for innovation. Yet, at the same time, they have worked out a way to filter and censor the content overseas that they feel their citizens should not be accessing.

“And what’s even more insidious, actually, is the way in which the state uses the private sector to conduct most of its censorship and surveillance. So, actually, what we know as the Great Firewall of China that blocks Twitter and Facebook, that’s only one part of Chinese internet censorship. Actually, most Chinese internet users are using Chinese-language websites that are run by Chinese companies based in China, and those companies are all held responsible for everything their users are doing. And so, they have to hire entire departments of people to monitor their users at the police’s behest and also to not just block, but delete content that the Chinese government believes infringes Chinese law. And, of course, when—in a country where crime is defined very broadly to include political and religious dissent, that involves a great deal of censorship. And it’s being conducted, to a great degree, not by government agents, but by private corporations who are complying with these demands in order to make a profit in China.”

 DN! “Rebecca, talk about specifics, like Facebook, Facebook—changes in Facebook features and privacy settings, exposing identities of protesters to police in Egypt, in Iran. Talk about Google. Talk about Apple removing politically controversial apps.”

Rebecca MacKinnon:  “Right. So, for instance, with Facebook, Facebook has its own kind of type of governance, which is why I call private internet companies the “sovereigns of cyberspace.” And so, Facebook has a rule where it requires that its users need to use their real name, their real identity. And while some people violate that rule, that makes them vulnerable to having their account shut down if they are discovered. And so, the reason they do this is that they want people to be accountable for their speech and prevent bullying and so on. And that may make sense in the context of a Western democracy, assuming that you’re not vulnerable in your workplace or anything like that, which is even a question, but it means that you have to be—as an Egyptian activist or as an activist in Syria and so on, you’re more exposed, because you have to be on Facebook using your real name.

“And actually, a group of prominent activists in Egypt who were using Facebook to organize an anti-torture movement were doing so, before the regime fell, under fake names, and actually, at a critical point where they were trying to organize a major protest, their Facebook group went down, because they were in violation of the terms of service. And they actually had to find somebody in the U.S. to take over their Facebook page so that they could continue to operate.

“And you also have a lot of cases of people in Iran. There have been a number of reports of people being tortured for their Facebook passwords and so on. And the fact that Iranian users are, in most cases, using their real names makes them a great deal more vulnerable.

“And as you know, here in the United States, Facebook recently was subject to a fine and had to reach a settlement with the Federal Trade Commission because of the changes in its privacy settings that had been sudden at the end of 2009. People had made assumptions about whether their friends could be seen or not publicly. Suddenly those settings changed, and it exposed a lot of people in ways that, in some cases, were very dangerous.

“But also, let’s take some other companies and some of the issues that users face. Apple, in its App Store, it has different versions of its App Store in different parts of the world. And their Chinese App Store censors applications that the Chinese government believes to be controversial. So, for instance, the Dalai Lama app in the Apple Store is not available in China. But Apple employees are also making a lot of other judgments about what content is and isn’t appropriate, that goes according to standards that are much more narrow than our First Amendment rights. So, for instance, an American political cartoonist, Mark Fiore, had an app in which he was making fun of a range of politicians, including President Obama, and Apple App Store nannies decided to censor that app, because they considered it to be too controversial, even though that speech was clearly protected under the First Amendment. So you have companies making these judgments that go well beyond sort of our judicial and constitutional process.

“You also have Amazon, for instance, dropping WikiLeaks, even though it had not been accused, let alone, convicted, of any crime, simply because a number of American politicians objected to WikiLeaks. And so, there is this issue of: are companies, in the way in which they operate their services, considering the free expression rights and privacy rights of their users sufficiently to ensure that we’re able to have robust dissent, that people can speak truth to power in a manner that may be making current government officials very, very uncomfortable, but which is clearly protected both under our Constitution and the Universal Declaration of Human Rights?”

 DN! “Rebecca—”

Rebecca MacKinnon:  “Should we be expecting companies to push back a bit more?”

 DN! “I wanted to ask you about the newly released government documents that reveal the Department of Homeland Security hired the military contractor General Dynamics to monitor postings of U.S. citizens on dozens of websites. The sites monitored included Facebook and Twitter, as well as several news sites, including the New York Times, Wired, The Huffington Post. General Dynamics was asked to collect reports that dealt with government agencies, including CIA, FEMA, ICE. Your thoughts?”

Rebecca MacKinnon:  “Well, this is exactly the kind of issue that we need to deal with in a democracy. Now, if they have been hired to monitor postings that citizens are putting on a public website, I think that’s a reminder that our public information is public and that it’s being mined and watched by all kinds of people. But it’s also an example of why privacy settings are so important and why—why it’s important that people should be able to be anonymous if they want to be on the internet, if they fear consequences or if they fear misuse of the way in which they’re carrying out political discussions that could be used against them in different ways.

“And there’s also a real issue, I think, in the way in which our laws are evolving when it comes to government access to information stored on corporate servers, that is supposed to be private, that we are not intending to be seen in public, which is that, according to the PATRIOT Act and a range of other law that has been passed in recent years, it’s much easier for government agencies to access your email, to access information about your postings on Twitter, even if they’re anonymous, than it is for government agents to come into your home and search your personal effects. To do that, they need a warrant. There is very clear restriction on the government’s ability to read your mail. Yet, according to current law, if your email is older than 180 days old, the government can access your email, if it’s stored on Gmail or Yahoo! or Hotmail, without any kind of warrant or court order. So, there’s a real erosion of our Fourth Amendment rights, really, to protection from unreasonable search and seizure. And this is going on, I think, to a great degree without a lot people realizing the extent to which our privacy rights are being eroded.”

DN! “Rebecca, we have 30 seconds, but the significance of Wednesday, of tomorrow, of Wikipedia and many other websites going dark in protest of the legislation here in the United States? What do you think is the most important issue people should take away from what’s happening and also from your book, Consent of the Networked?”

Rebecca MacKinnon:  “Well, I think the action tomorrow really demonstrates that internet censorship affects everybody, it’s not just affecting people in China, that this is an issue that we all need to be concerned about, and it can happen in democracies as well as in dictatorships.”

And the core message of my book is that if we want democracy to survive in the internet age, we really need to work to make sure that the internet evolves in a manner that is compatible with democracy, and that means exercising our power not only as consumers and internet users and investors, but also as voters, to make sure that our digital lives contain the same kind of protections of our rights that we expect in physical space.”

DN! :  “Rebecca MacKinnon, I want to thank you very much for being with us, senior fellow at the New America Foundation, co-founder of Global Voices Online. Her new book is called Consent of the Networked: The Worldwide Struggle for Internet Freedom.”

The original content of this program is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.

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Photo (above) by Flickr user Adam Selwood

Photo (feature) by Flickr user Monkey Man Forever

Bradley Manning Pretrial Hearing Set for December 16th

BradleyManningFlickrAbodeofChaosMEDIA ROOTS — As scores of political prisoners languish in U.S. prisons and solitary confinement and California prisoners wage hunger strikes to call attention to inhumane conditions inside the prison-industrial complex, Bradley Manning, held by the U.S. military, ranks among the most high profile and highly targeted by the U.S. government. 

Various reports have directly confirmed Manning has endured cruel and inhumane treatment, including being stripped nightly, for a crime of which he was never convicted, for an act, if true, should warrant protected whistleblower status.  After a year and a half of torture, including 250 days of identity-erasing solitary confinement, Manning is finally meeting his accusers with a Pretrial Hearing set for December 16th, 2011.

MR

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BRADLEY MANNING — PFC Bradley Manning is accused of uncovering the facts behind a system of foreign policy that routinely hides abuse from public scrutiny. “If convicted of all charges, Manning would face a maximum punishment… of confinement for life” the U.S. Army reports.

If he is the source of the WikiLeaks revelations, he is the most significant whistle-blower in a generation. According to journalists, his alleged actions helped motivate the democratic Arab Spring movements, shed light on secret corporate influence on our foreign policies of the sort #OccupyWallStreet opposes, and most recently contributed to the Obama Administration agreeing to withdraw all U.S.troops from the failed occupation in Iraq.

Bradley Manning, who turns 24 on the date of our protest, is a young soldier from a working-class background who believed that people should know the truth, “no matter who they are… because without information you cannot make informed decisions as a public.”

He now faces opposition from embarrassed politicians and military officials, and potential life in prison on a poorly defined military charge of “Aiding the enemy through indirect means.” If words attributed to Bradley Manning are accurate, it appears that he was motivated only by a desire to expose questionable and illegal actions by our leaders. This information had been concealed — not to protect us — but in order to avoid accountability. According to several who served in the same unit as Manning, this information had already been made available to Iraqi Army recruits — but not the American public. It is absurd for our government to suggest that the American people is somehow “the enemy.”

As founding father Patrick Henry wrote, “The liberties of a people never were, nor ever will be, secure, when the transactions of their rulers may be concealed from them.”

Bradley’s pretrial hearing date has been announced, and this is the time to take our support of Bradley into the streets. Bradley Manning was nominated for the Nobel Peace Prize last month, and topped the UK Guardian’s Readers Poll. Now the world watches the proceedings of this case while judging our country as a whole.

Read more about Army sets pre-trial hearing date for Bradley

Photo by flickr user Abode of Chaos

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Self-Immolation in Tiananmen Square

Chinese flag by Gary Lerude flickrMEDIA ROOTS — Reminiscent of the December 2010 act of self-immolation in Tunisia by Mohammed Bouazizi, which helped inspire the globally influential “Arab Spring,” a Chinese man surnamed Wang has undertaken this extreme form of protest at China’s Tiananmen Square on October 21.  Whereas, Mr. Bouazizi’s act of protest was widely covered around the world, Mr. Wang’s act of self-immolation was quickly wiped from public record, consciousness, and memory per China’s state-censored media in Orwellian fashion. 

A state-issued report narrated the action as an isolated case of personal dysfunction.  But the fact that such reports leak out every year in China points to Mr. Wang’s frustration with China’s justice system as being indicative of larger structural problems, similar to the conditions of corruption which led Tunisia’s Bouazizi to commit the ultimate form of protest. 

Censorship in America over such selfless acts of protest exists as well. In 2004, a man named Malachi Ritscher publically burned himself to death in protest to the Iraq War. In the statement he released before self-immolating, he explains that he would rather die than to pay taxes to kill others abroad. The corporate press painted him as a lone lunatic instead of giving heed to his powerful and eloquent message.

MR

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THE TELEGRAPH— The incident – which happened on October 21 – appeared nowhere in China’s censored state media, but was also witnessed by a Daily Telegraph reader who photographed the aftermath as Chinese police rushed to douse the flames using fire extinguishers.

“The man did it right in front of me. He stepped over the low railing in front of the cycle-lane that runs past the picture of Chairman Mao. He was only two or three metres away from me,” recalled Alan Brown, a retired RAF Engineer from Somerton, Somerset.

“He said something quickly and a policeman nearby was suddenly agitated, but this chap whipped out his lighter and set himself on fire. Without being melodramatic, he looked straight at me and set himself on fire.

Despite being witnessed by several hundred other Chinese bystanders there is no record or mention of the incident either in China’s heavily censored state media, or on Weibo, the Chinese version of Twitter, where news deemed sensitive or undesirable by the state often leaks out.

Chinese authorities in Tibet have also been dealing with a wave of self-immolations this year, with 11 monks and nuns setting themselves on fire in protest against Chinese rule in the Tibetan region since March.

Read more about Chinese man sets himself on fire in Tiananmen Square.

© 2011 Telegraph Media Group Limited

Photo by flickr user Gary Lerude