Won't Somebody Think Of The Cows? New Zealand On The Brink Of Sacrificing Its Digital Future In TPP Negotiations

Even before Wikileaks released the full text of TPP's IP chapter, New Zealand's Creative Freedom Foundation had already been given some hints about what was coming: 

On Techdirt.

New Encrypted Email Services Coming From Kim Dotcom's Mega And Newzbin

A month ago, we wrote about Kim Dotcom's plans to form his own political party in New Zealand. But that's not the only way that Dotcom is going on the attack against the system. Here's Vikram Kumar, the Chief Executive of Dotcom's "privacy company" Mega, on another bold move: 

On Techdirt.

Does The 'Three Strikes' Approach Work, In Any Sense? Here's The Evidence

Last week we reported on the suspension of Hadopi's one and only suspension, as France moved away from using Internet disconnection as a punishment. That manifest failure of the scheme that pioneered the three strikes approach makes a new paper from the Australian scholar Rebecca Giblin, called "Evaluating graduated response", particularly timely. As its title suggests, this is a review of the three strikes approach in the light of the experiences in the five countries that have adopted it: France, New Zealand, Taiwan, South Korea and the UK -- even though the latter has still not put it into practice. 

On Techdirt.

Kim Dotcom Forming New Political Party In New Zealand

Whatever your views about Kim Dotcom, you have to admire his dogged fight against extradition from New Zealand, not least because it has revealed some serious abuses of power against dozens of people. Now it seems he is taking things a stage further, if this recent tweet is any indication: 

On Techdirt.

Did New Zealand Spooks Tap Into PRISM To Spy On Dotcom?

As Techdirt has reported, the attempts to extradite Kim Dotcom from New Zealand to the US have turned into one of the most catastrophically bungled legal cases in a long while. One of the biggest scandals to emerge was that New Zealand citizens had been wiretapped in an effort to gain evidence against Dotcom, since domestic spying was forbidden there just as it is in the US (oh, wait...). Unfortunately, rather than rapping knuckles and telling the local spooks not to do it again, the New Zealand government has instead just brought in new legislation to make it legal in the future.

On Techdirt.

TPP Negotiations Deprive New Zealanders Of Promised Copyright Consultation -- For Secret Reasons

One of the myths perpetuated by governments taking part in major international treaty negotiations like ACTA, TPP and TAFTA/TTIP is that somehow no national sovereignty is given up during the process, and that therefore the public shouldn't worry about what goes on in those secret meetings. That's clearly absurd, because negotiations involve concessions, usually by the weaker parties, which often touch on national competences. 

On Techdirt.

Kiwis Want To Spy On All Communications, VPNs, And Be Able To Use Secret Evidence Against You

Although New Zealand's decision not to allow patents for programs "as such" was welcome, other moves there have been more problematic. For example, after it became clear that the New Zealand intelligence service, the Government Communications Security Bureau (GCSB), illegally wiretapped and spied on Kim Dotcom, the New Zealand government announced that it would change the law so as to make it legal in the future to snoop on New Zealanders as well as on foreigners. Judging by a major new bill that has been unveiled, that was just the start of a thoroughgoing plan to put in place the capability to spy on every New Zealander's Internet activity at any moment. Here's an excellent analysis of what the bill proposes, from Thomas Beagle, co-founder of the New Zealand digital rights organization Tech Liberty: 

On Techdirt.

New Zealand To Ban Software Patents 'As Such'; Tries To Pin Down What On Earth That Means

Few patent sagas have been as fraught as New Zealand's attempt to revise its laws to exclude software. Techdirt first wrote about this move in March 2010, and again in June 2010, when it seemed that lobbyists had convinced the New Zealand government to reverse its position and allow software patents. Then, a month after that, word was that software would indeed be unpatentable. Things went quiet for a while, until a new version of the proposed law was unveiled by New Zealand's Commerce Minister Craig Foss, apparently weakening the bill once more: 

On Techdirt.

Early Lessons From New Zealand's 'Three Strikes' Punishments

New Zealand has the unhappy distinction of being in the vanguard of using the "three strikes" approach of punishment for people accused of sharing unauthorized copies online. As in France and the UK, this was brought in without any preparatory research to ascertain its effectiveness, and without any real thought about the practical implications. That makes a post by Susan Chalmers on the blog of InternetNZ, a "non-profit open membership organisation dedicated to protecting and promoting the Internet in New Zealand", particularly valuable.

On Techdirt.

NZ, Don't Make Our Mistake on Software Patents As Such

A couple of months ago, an MEP asked the European Commission an interesting question:

On Open Enterprise blog.

Japan Wonders Whether It Is Worth Joining TPP Negotiations After All

The Trans-Pacific Partnership (TPP) agreement began as a cosy treaty between just three nations: Chile, New Zealand and Singapore. But once the US joined in 2010, this small-scale partnership suddenly became something much more significant. As USTR Ron Kirk put it in a press release at the time: 

On Techdirt.

Scientist Refused Permission To Call Hominids 'Hobbits', Even Though Word First Used In Print In 1895 -- And Not By Tolkien

Techdirt has written before about the aggressive enforcement habits of the Tolkien estate, once in connection with the name "Tolkien", and once regarding the word "Hobbit". Looks like they're at it again, down in New Zealand: 

On Techdirt.

Megaupload Farce Stirring Up Backlash Against Copyright Overreach

Just when you think the Megaupload farce can't get any more ridiculous, it does. Following revelations that New Zealand's Government Communications Security Bureau illegally intercepted communications in the Megaupload case and provided those details to law enforcement authorities, the country's Prime Minister has been forced to apologize personally to Kim Dotcom: "Of course I apologize to Mr Dotcom, and I apologize to New Zealanders." From his position of increasing strength as more and more missteps by the New Zealand authorities come to light, Dotcom graciously accepted those apologies. 

On Techdirt.

NZ Copyright Industry Claims New 'Three Strikes' Law Halved Movie Infringements After One Month: So What?

The implicit justification for various new copyright enforcement laws, such as the "three strikes" approach, is that they will encourage people to buy more authorized digital goods and thus support artists and their works. Naturally, those in favor of this logic like to produce figures that purport to show that it is working. 

On Techdirt.

Is TPP To Blame For The Continuing Delay In Passing New Zealand's 2008 Bill That Excludes Software Patents?

As Techdirt reported a couple of years ago, a hard-fought campaign in New Zealand to prevent software patents being granted there seemed to have paid off, with a Patents Bill explicitly excluding them that came with the following commentary: 

On Techdirt.

What Exactly Makes A Pop-Up Mall A Pop-Up Mall? On Second Thought, Who Cares?

One of the pernicious effects of once-obscure legal issues surrounding copyright and patents seeping into everyday life is the belief that even the vaguest ideas can be owned, and that such ownership is a thing worth fighting over. Here, for example, is a sorry tale from Christchurch in New Zealand, which suffered a massive earthquake in which 181 people died back in February of this year: 

On Techdirt.

Politicians Start Getting Digital Copyright Right

As readers of this blog probably recall, the passage of the Digital Economy Act was one of the most disgraceful episodes in the history of the last government, pushed through as it was with minimal debate, and largely at the behest of industry lobbyists.

If the present coalition had wanted to prove that it was making a clean break with the past, one way would have been to repeal the Digital Economy Act and to start again, taking things calmly and with input from all interested parties. Sadly, that has not happened, and disturbing evidence is emerging that, on the contrary, the current government is just as bad as the last lot, as James Firth's blog post reveals:

On Open Enterprise blog.

Why Did Wikileaks Fail New Zealand?

As I noted elsewhere, we now know that the US played a major role in pushing for tougher copyright regimes in Canada, Spain and Sweden. It seems that we must add New Zealand to the list of countries that were nobbled:

As you may recall, back in 2008, New Zealand politicians tried to sneak through a three strikes law, that would kick people offline based on accusations (not convictions) of infringement. A few months later, mainly due to massive public outcry, the government scrapped those plans and actually promised a complete rethink of copyright laws.

In a cable just after New Zealand decided to scrap the proposed law, the US embassy noted that it made it clear a new 3 strikes law needed to be put in place as soon as possible and saying that the US can help them write the new law.

...

The cables turned up a few other interesting tidbits from a bit further back, including the fact that a program -- run by the Recording Industry Association New Zealand (RIANZ) to set up a website and get people to snitch on their friends, reporting them as infringers -- was funded by the US government. Yes, the US government handed half a million dollars (New Zealand dollars) to the recording industry to get people to turn in their friends for copying music. Lovely.

Now, this is all pretty shameful stuff; but what makes it doubly so is the fact that New Zealand has recently passed precisely the kind of anti-consumer, pro-industry legislation that the US was demanding.

But consider what might have happened had these same cables surfaced *before* that crucial vote: doesn't it seem likely that quite a few New Zealand MPs would have been revolted by the massive US interference in their internal affairs? Might not enough have voted against the legislation to cause it to fall?

Maybe that wouldn't have happened, but given even the slight possibility, I have to ask why on earth Wikileaks held off publishing these cables that provided such crucial insights into what was going on behind the scenes?

Was this out of some new-found reluctance to influence the unfolding politics of a country? Given Wikileaks' track record, that hardly seems likely. Sadly, this looks more like a case of pure incompetence - only noticing what hugely important materials they had when it was too late for them to have much effect; or maybe - perhaps even worse - they just didn't care what happened in such a far-off land....

Follow me @glynmoody on Twitter or identi.ca.

Why We Should Care about the Trans-Pacific Partnership (TPP)

When I first started writing about the Anti-Counterfeiting Trade Agreement (ACTA) in 2007, practically no one had heard of it. That wasn't an accident, but a consequence of the attempt to keep the ACTA negotiations hidden behind tightly-closed doors.

On Open Enterprise blog.

Big Tobacco: Saving Lives is "Expropriation"

Although I knew that there is yet another trade treaty being discussed between New Zealand, the US and others, I hadn't heard about this aspect before:

The Green Party is calling on the Government to reject attempts to introduce investor-state disputes mechanisms into the Trans-Pacific Partnership (TPP) trade negotiations in light of evidence that the Philip Morris tobacco company is planning to use the TPP to block anti-smoking laws.

The issue is this, apparently:

Philip Morris is currently taking action against Uruguay’s proposed anti-smoking laws under the investor-state disputes mechanism of the trade agreement between Uruguay and Switzerland. Uruguay is proposing to introduce new measures requiring 80 percent of cigarette packaging to carry graphic warnings against smoking. The company argues such measures effectively expropriate their investments. Under the investor-state disputes mechanism a World Bank panel will decide if Uruguay must pay Philip Morris for this ‘expropriation’.

So let me get this straight. Philip Morris - and all the other tobacco companies - make hefty profits by selling highly addictive substances to people that the company knows will probably give them cancer and/or a host of other life-threatening and painful diseases. Their deaths will cause huge losses not just personally, but economically - to their families, and to the state.

And yet, thanks to this wonderful "investor-state disputes mechanism", an unelected World Bank panel made up of people whose interests are probably aligned with big business rather than individuals in developing countries, "will decide if Uruguay must pay Philip Morris for this ‘expropriation’."

"Expropriation": that's what they want to rebrand the fight against these profits that result directly from the suffering of millions of people. Stopping these global, massively-powerful drug dealers is not common sense, or a wise health policy, but is now branded "expropriation". If you ever wanted a symbol of how sick and twisted capitalism and the structures that support it really are can be, you could do worse than choose this new "expropriation" of profits born of death.

Let's hope New Zealand tells the TPP negotiators pushing for this "investor-state disputes mechanism" that they can stick it in their carcinogenic pipes and smoke it. (Via @juhasaarinen.)

Follow me @glynmoody on Twitter or identi.ca.