Norwegian Security Service Wants Details Of Citizens' Web Comments Retained For Six Months

Governments around the world are seeking to monitor more and more of their citizens' online activities -- and it's not just the most obviously repressive regimes doing this. In the US, there is CISPA, while the UK is drawing up the Communications Capability Development Programme. Thomas Steen alerts us to a further escalation of this desire to spy on the public, in Norway. The secret service there (known by the acronym PST) want details about comments posted on all Web sites retained (via Google Translate): 

On Techdirt.

OK, So SOPA And PIPA Are Both On Hold: Where Do We Go From Here?

There is a rather odd atmosphere within the parts of the online community that fought so hard against SOPA this week – relief that all that work seems to have had an effect, mixed with a certain disbelief that for once the outside world sat up and took notice of the tech world's concerns. Amidst all the justified back-patting, there is a temptation to celebrate the fact that both SOPA and PIPA are "delayed", and to move on. 

On Techdirt.

Two Fatal Flaws in the O'Dwyer Judgment

So the long-awaited verdict on the extradition of Richard O’Dwyer has finally arrived, and, as feared, it's ridiculous. There are many others better qualified than I am to comment on the detailed legal issues of the lop-sided extradition treaty that lies at the heart of the case, so I would like to concentrate on two aspects that I feel better able to comment on. Both touch on what I think are fatal errors in the judgment; either is enough undermine its arguments.

On Open Enterprise blog.

Europeans Care About Civil Liberties: US Shocked

The leaked US cables will clearly provide a rich vein to be mined for many months to come.  I don't really have the time to go digging down there, so I was grateful that @airvpm alerted me to this particular gem from 2009.

The context is "European privacy and data protection concerns" and the tendency of those concerns to get in the way of more important issues - like making obscene profits, ensuring that people can be tortured without any of that tiresome oversight business, and generally propping up the decaying US global hegemony through any means:

European privacy and data protection concerns continue to jeopardize our commercial, law enforcement, intelligence and foreign policy objectives.

More specifically, this is the nub of the problem:

The Commission has failed to exercise a strong policy leadership role vis-a-vis other EU institutions. In this vacuum, the European Data Protection Supervisor and the Article 29 Working Party have asserted expansive roles. These bodies regularly make high-profile public statements on areas outside of their formal competence (including the HLCG and Third Pillar issues). Their interpretations of legislation tend to give primacy to civil liberties-based approaches for the EU's Single Market, consumers, or law enforcement, and have gone largely unchallenged by the Commission. 

So the Euro-trash Data Protection Supervisor and the Article 29 Working Party tasked with protecting privacy in the EU have dared to assert themselves and stand up for European citizens by giving "primacy to civil liberties-based approaches for the EU's Single Market, consumers, or law enforcement", while the US's official lapdog in Yurop, the European Commission, has somehow failed to smack them down.

Can you believe it?  I do hope we haven't hurt the feelings of our lords and masters in Washington...

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US Abuses Copyright and Extradition Law: UK Acquiesces

If you want a vision of the world of global repression and bullying that copyright maximalists are striving to create, try this:

A Sheffield student is facing up to five years in jail if convicted in America for a website which provided links to movie clips.

Let's just look at the component parts of this story.

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....

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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.

Wikileaks: the Web Watches and Waits

It's clearly still far too early to attempt to assess the impact of Wikileaks' latest mega-leak, this time of US secret cables, which is certainly a biggie:

The full set consists of 251,287 documents, comprising 261,276,536 words (seven times the size of "The Iraq War Logs", the world's previously largest classified information release).

The cables cover from 28th December 1966 to 28th February 2010 and originate from 274 embassies, consulates and diplomatic missions.

On Open Enterprise blog.

Intellectual Monopolies, the Open Net and ACTA

Well, it was bound to come one day, but it's still shocking:

A group of senators want to hand the U.S. Department of Justice the power to shut down Web sites dedicated to the illegal sharing online of film, music, software, and other intellectual property.

"The Combating Online Infringement and Counterfeits Act will give the Department of Justice an expedited process for cracking down on these rogue Web sites regardless of whether the Web site's owner is located inside or outside of the United States," according to a statement from Sen. Patrick Leahy (D-Vt.), chairman of the Senate Judiciary Committee, and committee member Sen. Orin Hatch (R-Utah).

Under the proposed legislation, the Justice Department would file a civil action against accused pirate domain names. If the domain name resides in the U.S., the attorney general could then request that the court issue an order finding that the domain name in question is dedicated to infringing activities. The Justice Department would have the authority to serve the accused site's U.S.-based registrar with an order to shut down the site.

According to a staffer from Leahy's office, if the site resides outside the United States, the bill would authorize "the attorney general to serve the court order on other specified third parties, such as Internet service providers, payment processors, and online ad network providers."

So let's unpick that a little.

Once more, rather than fix their broken business models, the media and software industries want special "protection", with access to the most important medium to be turned off simply because it suits them. This places the maintenance of government-supported monopolies in a couple of sectors above things like the rights of hundreds of millions of users.

For note that this is effectively censorship by fiat: the Justice Department can apparently simply decide which sites are hosting infringing material, and have them shut down. Due process doesn't seem to enter into it, and if passed you can be sure this legislation will be used widely and abusively.

But there's worse: the US wants to arrogate these powers to itself even if the Web sites are outside its territory. Since much of the Internet's infrastructure is run from the US, that's a real threat. It's also the strongest argument so far why we need to decentralise the Internet further, and remove it from the influence of any one country - including the US.

There's another important aspect, too. One of the constant refrains during the ACTA negotiations is that the latter won't force the US, say, to introduce new laws. It looks like that will be true - because the US is introducing them anyway. But make no mistake, this kind of censorship lies at the hart of ACTA.

The choice is stark: intellectual monopolies or an open Internet - you can't have both....

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US ACTA Official Squirms, Talks Drivel

Great work by James Love here:

After attending the three day WTO Ministerial meeting in Geneva, I took the non-stop United Airlines Flight back to Washington, DC. On the airplane were a number of U.S. government officials including the head of USTR, Ambassador Ron Kirk. I had a chance to talk to Kirk about the secrecy of the ACTA agreement. He said the ACTA text would be made public, “when it is finished.” I told him it that was too late, and the public wanted the text out now, before it is too late to influence anything.

Kirk said he was aware there were those that wanted the text public, but the issue of transparency was “about as complicated as it can get,” and they didn't want people “walking away from the table,” which would likely happen if the text was public, he said.

*Who* exactly would walk away from the table? Why on earth would they do such a thing if there's nothing to hide, and the treaty will be made public anyway? This answer is pure and utter drivel - evidently the weak best that he could come up with after being put on the spot by the quick-thinking Love.

It basically amounts to each delegation trying to suggest that while *they* are in favour of opening up, the other delegations would go bananas, and so, regretfully, everything remains shrouded in secrecy. It's a kind of sick variant of the prisoner's dilemma, as implemented by and for self-serving delegations.

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The Copyright Ratchet Racket Explained

I and many others have noted how changes in copyright law only ever work in one direction: to *increase* copyright's term and to give greater powers to copyright holders. In effect, it's a ratchet. But until now, I've not seen a good explanation of what's driving all this (although I had a pretty good idea). The motor behind the ratchet (assuming such mixed metaphors are permitted) is harmonisation:

Simply put, “harmonization” is a concept whereby the intellectual property laws of different countries are made consistent, mostly to facilitate international trade and business. The concept of harmonization is not unusual; almost all the states and territories in this country are signatories to the Uniform Commercial Code (UCC), a model law in the U.S. that makes consistent (or “harmonizes”) the law of contracts, sales, banking, and secured transactions. This allows firms in one state to reasonably, predictably, and consistently do business with firms in another state.

...

From a linguistic perspective, harmonization suggests a voluntary coordination that the parties to an agreement will be held to the same, core standards and will be working under the same rules. Ideally, each country’s intellectual property laws should have similar weight and effect where harmonization occurs.

But in reality, harmonization of intellectual property laws is different. The term has become a euphemism for the global, one-sided spread of United States’ intellectual property laws. One could argue that under the guise of harmonization, intellectual property law has become America’s chief 21st century export. In the harmonization model, U.S. intellectual property law effectively becomes the world’s de facto intellectual property law, effectively overriding the voluntary coordination principle that should be inherent through the Berne Convention.

This is a fantastic post, with useful links, that fleshes out the following basic argument:

The dismissal of voluntary coordination occurs because the U.S. leverages its economic power to force other countries to adopt U.S. copyright law in lieu of their own if the U.S. thinks the foreign country’s laws are insufficient to protect American intellectual property. It is a “carrot and stick” approach: If a foreign country wants to do business with the U.S. (or get U.S. support to enter into the World Trade Organization), it must adopt U.S. copyright standards and codify them into their statutes.

For most foreign countries, this quid pro quo has become the price of doing business with the U.S. On the other hand, it is unusual that the U.S. would agree to agree to another country’s intellectual property regimen: It doesn’t have to. Therefore, harmonization really is doublespeak for a worldwide adoption of the American intellectual property standard.

Indispensable reading for anyone who cares about the global copyright racket - and that should mean anyone who is online, since the tricks used to bolster copyright around the world will have a profound effect on ordinary users there, as the current UK Digital Economy bill makes all-too plain.

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Open.gov: The Meme Spreads

It's really striking how the idea of open government has gone from nowhere a few months ago to hot meme of the moment. Here's the latest convert - Sweden:

Opengov.se is an initiative to highlight available public datasets in Sweden. It contains a commentable catalog of government datasets, their formats and usage restrictions. The percent figure on the start page indicates the share of datasets that are available with an open license and in at least one open format.

The goal is to highlight the benefits of open access to government data and explain how this is done in practice.

It's interesting that the site links to the US Open Government Working Group, which wrote:

8 december 2007 - This weekend, 30 open government advocates gathered to develop a set of principles of open government data. The meeting, held in Sebastopol, California, was designed to develop a more robust understanding of why open government data is essential to democracy.

The Internet is the public space of the modern world, and through it governments now have the opportunity to better understand the needs of their citizens and citizens may participate more fully in their government. Information becomes more valuable as it is shared, less valuable as it is hoarded. Open data promotes increased civil discourse, improved public welfare, and a more efficient use of public resources.

The group is offering a set of fundamental principles for open government data. By embracing the eight principles, governments of the world can become more effective, transparent, and relevant to our lives.

Since Sweden currently holds the presidency of the EU, it would be good if it spread a little of that openness there, too.

More details on what exactly Sweden is up to from the Open Knowledge Foundation Blog.

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Building on Open Data

One of the great things about openness is that it lets people do incredible things by adding to it in a multiplicity of ways. The beatuy is that those releasing material don't need to try to anticipate future uses: it's enough that they make it as open as possible Indeed, the more open they make it, the more exciting the re-uses will be.

Here's an unusual example from the field of open data, specifically, the US government data held on Data.gov:

The purpose of Data.gov is to increase public access to high value, machine readable datasets generated by the Executive Branch of the Federal Government. Although the initial launch of Data.gov provides a limited portion of the rich variety of Federal datasets presently available, we invite you to actively participate in shaping the future of Data.gov by suggesting additional datasets and site enhancements to provide seamless access and use of your Federal data. Visit today with us, but come back often. With your help, Data.gov will continue to grow and change in the weeks, months, and years ahead.

Here's how someone intends to go even further:

Today I’m happy to announce Sunlight Labs is stealing an idea from our government. Data.gov is an incredible concept, and the implementation of it has been remarkable. We’re going to steal that idea and make it better. Because of politics and scale there’s only so much the government is going to be able to do. There are legal hurdles and boundaries the government can’t cross that we can. For instance: there’s no legislative or judicial branch data inside Data.gov and while Data.gov links off to state data catalogs, entries aren’t in the same place or format as the rest of the catalog. Community documentation and collaboration are virtual impossibilities because of the regulations that impact the way Government interacts with people on the web.

We think we can add value on top of things like Data.gov and the municipal data catalogs by autonomously bringing them into one system, manually curating and adding other data sources and providing features that, well, Government just can’t do. There’ll be community participation so that people can submit their own data sources, and we’ll also catalog non-commercial data that is derivative of government data like OpenSecrets. We’ll make it so that people can create their own documentation for much of the undocumented data that government puts out and link to external projects that work with the data being provided.

This the future.

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Gadzooks - it's ZookZ from Antigua

I've been following the rather entertaining case of Antigua vs. US for a few years now. Basically, the US government has taken a "do as I say, not as I do" attitude to the WTO - refusing to follow the latter's rules while seeking to enforce them against others. The net result is that plucky little Antigua seems to have won some kind of permission to ignore US copyright - up to a certain point - although nobody really knows what this means in practice.

That's not stopping an equally cheeky Antigua-based company from trying to make money from this situation:

ZookZ provides a new way to get pure movie and music enjoyment. We deliver unlimited, high-quality movies and music through a safe, legal and secure platform for one low monthly subscription fee.

ZookZ makes it simple for any to enjoy digital entertainment. Our user-friendly interface provides access to all our digital assets. We offer unlimited downloads of all movies and music for one low monthly price. Files are delivered in MP3 and MP4 formats that are compatible with most mobile devices and players so you can enjoy your entertainment when, where and how you want. ZookZ is changing the way people use and enjoy digital entertainment. Unlike other companies, once you download the file, you can view or listen to it on any medium of your choice­ –without restrictions.

ZookZ is not a peer-to-peer file sharing system and prohibits that use of its product. Customers directly download safe content from our secure database, not from an unknown third party. ZookZ guarantees that all our digital media is free from viruses, adware and spyware. We are dedicated to providing high-quality, safe and secure digital files.

ZookZ operates under the parameters of the 2007 WTO ruling between Antigua and the United States, and is the only website that can legally offer members unlimited digital entertainment.

The FAQ has more details.

I doubt whether the US media industries will sit back and let ZookZ try to implement its plan, and I suspect that this could get rather interesting to watch.

US Green Patents vs. Global Climate Commons

Guess which wins?

Last night the House voted overwhelmingly to establish new U.S. policy that will oppose any global climate change treaty that weakens the IP rights of American "green technology."

Staggering. Sickening. Suicidal. (Via Against Monopoly.)

OpenSecrets Moves To 'Open Data' Model

More welcome transparency moves in the US:

Campaign finance clearinghouse OpenSecrets.org, which is run by the nonpartisan Center for Responsive Politics, is going "open data" next week, according to an e-mail circulated by the center on Thursday.

...

CRP is expecting all sorts of data mash-ups, maps and other cool projects to result from the new capability. Transparency group the Sunlight Foundation helped fund OpenSecrets.org's OpenData initiative to make millions of records available under a Creative Commons "Attribution-Noncommercial-Share Alike" license. CRP will continue to offer its data to commercial users for a fee.

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The Latest Act in the ACTA Farce

I think the Anti-Counterfeiting Trade Agreement(ACTA) will prove something of a watershed in the negotiations of treaties. We have already gone from a situation where governments around the world have all-but denied the thing existed, to the point where the same people are now scrambling to create some semblance of openness without actually revealing too much.

Here's the latest attempt, which comes from the US team:

A variety of groups have shown their interest in getting more information on the substance of the negotiations and have requested that the draft text be disclosed. However, it is accepted practice during trade negotiations among sovereign states to not share negotiating texts with the public at large, particularly at earlier stages of the negotiation. This allows delegations to exchange views in confidence facilitating the negotiation and compromise that are necessary in order to reach agreement on complex issues. At this point in time, ACTA delegations are still discussing various proposals for the different elements that may ultimately be included in the agreement. A comprehensive set of proposals for the text of the agreement does not yet exist.

This is rather amusing. On the one hand, the negotiators have to pretend that "a comprehensive set of proposals for the text of the agreement does not yet exist", so that we can't find out the details; on the other, they want to finish off negotiations as quickly as possible, so as to prevent too many leaks. Of course, they can't really have it both ways, which is leading to this rather grotesque dance of the seven veils, whereby bits and pieces are revealed in an attempt to keep us quiet in the meantime.

The latest summary does contain some interesting background details that I'd not come across before:

In 2006, Japan and the United States launched the idea of a new plurilateral treaty to help in the fight against counterfeiting and piracy, the so-called Anti-Counterfeiting Trade Agreement (ACTA). The aim of the initiative was to bring together those countries, both developed and developing, that are interested in fighting counterfeiting and piracy, and to negotiate an agreement that enhances international co-operation and contains effective international standards for enforcing intellectual property rights.

Preliminary talks about such an anti-counterfeiting trade agreement took place throughout 2006 and 2007 among an initial group of interested parties (Canada, the European Commission, Japan, Switzerland and the United States). Negotiations started in June 2008 with the participation of a broader group of participants (Australia, Canada, the European Union and its 27 member states, Japan, Mexico, Morocco, New Zealand, Republic of Korea, Singapore, Switzerland and the United States).

The rest, unfortunately, is the usual mixture of half-truths and outright fibs. But this constant trickle of such documents shows that they are taking notice of us, and that we must up the pressure for full disclosure of what exactly is being negotiated in our name.

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The New Crowdsourcing: Pubsourcing

Interesting development here:

The United States has unveiled an unlikely weapon in its battle against drugs gangs and illegal immigrants at the Texas-Mexico border - pub-goers in Australia.

The drinkers are the most far-flung of a sizeable army of hi-tech foot soldiers recruited to assist the border protection effort.

Anyone with an internet connection can now help to patrol the 1,254-mile frontier through a network of webcams set up to allow the public to monitor suspicious activity. Once logged in, the volunteers spend hours studying the landscape and are encouraged to email authorities when they see anyone on foot, in vehicles or aboard boats heading towards US territory from Mexico.

But the important point here is not just the quaint locale: it is the fact that the observers are completely disconnected from the observed. There is no human connection, so there would be no compunction in reporting anything required.

This is the perfect surveillance system: not where your neighbours keep an eye on you, but where total strangers the other side of the world do. (Via The Reg.)

Open Sourcing America's Operating System

Carl Malamud is one of the leaders in the fight for access to public data, specifically that in the US:

For over 20 years, I have been publishing government information on the Internet. In 2008, Public.Resource.Org published over 32.4 million pages of primary legal materials, as well as thousands of hours of video and thousands of photographs. In the 1990s, I fought to place the databases of the United States on the Internet. In the 1980s, I fought to make the standards that govern our global Internet open standards available to all. Should I be honored to be nominated and confirmed, I would continue to work to preserve and extend our public domain, and would place special attention to our relationship with our customers, especially the United States Congress.

Now, in a campaign dubbed "Yes We Scan", he would like to take on the role of "Public Printer of the United States". Here's one of his key goals: making America's operating system open source:

The Federal Register system of publications represents many of the official publications of the executive branch. A large stream of other documents come from the legislative branch and judiciary, forming a collection of primary legal materials that make up “America’s Operating System,” the rules that govern our society. A goal of the new administration should be to make America’s Operating System open source, guaranteeing that a complete and current archive of all primary legal materials in the United States are freely available on the Internet. This goal is partly about democracy, allowing citizens to see the rules that govern our society, but America’s Operating System is also about innovation, guaranteeing that any scholar or entrepreneur can download our legal materials and develop new and more effective ways of presenting, practicing, communicating, and learning about the law.

How can they not give him the job?

Why IPv4 Addresses Are Like Oil

IPv4 addresses are an increasingly rare resource. But I'd not spotted the parallel with oil until this:

the US was still the largest user of new IPv4 addresses in 2008 with 50.08 million addresses used. China was a close second with 46.5 million new addresses last year, an increase of 34 percent.

Although China and Brazil saw huge increases in their address use, suggesting that the developing world is demanding a bigger part of the pie while IPv4 addresses last, what's really going on is more complex. India is still stuck in 18th place between the Netherlands and Sweden at 18.06 million addresses—only a tenth of what China has. And Canada, the UK, and France saw little or no increase in their numbers of addresses, while similar countries like Germany, Korea, and Italy saw double-digit percentage increases.

A possible explanation could be that the big player(s) in some countries are executing a "run on the bank" and trying to get IPv4 addresses while the getting is good, while those in other countries are working on more NAT (Network Address Translation) and other address conservation techniques in anticipation of the depletion of the IPv4 address reserves a few years from now.

In other words, the greediest countries - the US and China - are rushing to burn up all the oil while there's some left, and to hell with what happens afterwards....