Do The Differences Between Software Piracy And Media Piracy Matter?

Danah Boyd (or danah boyd as she prefers to be called) is widely recognized as an authority on privacy, identity and social networks. A couple of weeks ago, in the context of the fight against SOPA, she wrote a blog post where she made an interesting distinction between different kinds of piracy: 

On Techdirt.

Why ACTA is Not a Victimless Treaty

The best thing I have read about the current brouhaha surrounding Craiglist's shutdown of its “Adult Services” section is danah boyd's post "How Censoring Craigslist Helps Pimps, Child Traffickers, and Other Abusive Scumbags". If you're at all interested in the issue, I strongly recommend it.

One paragraph struck me in particular:

During the height of the moral panic over sexual predators on MySpace, I had the fortune of spending a lot of time with a few FBI folks and talking to a whole lot of local law enforcement. I learned a scary reality about criminal activity online. Folks in law enforcement know about a lot more criminal activity than they have the time to pursue. Sure, they focus on the Big players, going after the massive collectors of child pornography who are most likely to be sex offenders than spending time on the small-time abusers. But it was the medium-time criminals that gnawed at them. They were desperate for more resources so that they could train more law enforcers, pursue more cases, and help more victims. The Internet had made it a lot easier for them to find criminals, but that didn’t make their jobs any easier because they were now aware of how many more victims they were unable to help. Most law enforcement in this area are really there because they want to help people and it kills them when they can’t help everyone.

Now, think about what this is saying: that the FBI could help many more victims of these appalling crimes, but can't, simply because they don't have the resources to do so. Now, consider the effects of ACTA, which will add a whole new set of responsibilities that the FBI and others will be required to shoulder.

To be sure, there may be some increase in funding, but the way these things usually work is that politicians grandstand about all the amazing laws/treaties they have pushed through, but omit to mention that they don't fully fund them (because that would mean tax rises or cuts elsewhere).

That leaves the FBI and others being stretched even more thinly, forced to pursue counterfeits of varying seriousness. But worst of all, if the current ACTA text is any indication, they will be forced to spend time trying to stop file sharing, an impossible and hence pointless task.

Worst of all, because all that time could have been used to help victims of all those other, rather more serious crimes like child pornography, which the FBI says it knows about, but can't deal with. In the face of that continuing and unnecessary suffering, tell me again why ACTA is so important?

Follow me @glynmoody on Twitter or identi.ca.

Digital Reputations

I've not read the book The Future of Reputation, but the fact that it's freely available and comes recommended by Danah Boyd is good enough for me:

This book examines the darker side of personal expression and communication online, looking at some of the social costs of what I'm always rambling on about as "persistence, searchability, replicability, and invisible audiences." Our reputation is one of our greatest assets. What happens when our own acts or the acts of others sully that? What role does the technology play in enabling or stopping that? How should the law modernize its approach to privacy and slander to address the networked world?

Reputations play a crucial role in the free software world - a good reason to give the book a whirl.