19 September 2013

Is The US Using Prism To Engage In Commercial Espionage Against Germany And Others?

As we noted last week, one of the key claims following the revelations about the Prism program was that it was aimed at those outside the US, and that US citizens were caught up in it only incidentally. A further leak concerned the Boundless Informant analysis tool, one of whose maps showed which regions of the world were subject to most surveillance. Along with obvious hotspots like Iran and Pakistan, Germany too was among those of particular interest, as was the US (whoops.) A story on reason.com offers a clue as to why that might be

On Techdirt.

NSA Spying Revelations Start To Cause Outrage In Europe; China Next?

News that the NSA has unfettered access to most of the leading Internet services inevitably has an international dimension. After all, Microsoft, Yahoo!, Google and the rest of the Naughty Nine all operate around the world, so spying on their users means spying on people everywhere. Indeed, as Mike explained earlier today, the NSA is actually trying to quell criticism by selling this news as something that purely concerns non-Americans (although that's clearly rubbish.) 

On Techdirt.

Australia Sets New Overblocking Record: Aims For One Site, Takes Down 250,000

Overblocking is not a new problem -- over two years ago, Techdirt wrote about an instance where Homeland Security took down 84,000 innocent sites at a stroke -- so you might have thought that those employing this blunt instrument would take a little more care these days. However, things seem to be getting worse, not better. In Australia, the Australian Securities & Investments Commission (ASIC) has just scored a whopper

On Techdirt.

People Begin To Wake Up To Massive Dangers Of Investor-State Dispute Resolution

Techdirt has been writing about investor-state dispute resolution (ISDR) mechanisms in international trade treaties like TPP and TAFTA/TTIP for two main reasons. First, because of the scale involved: ISDR allows companies to sue entire countries for huge sums, alleging loss of future profits. And secondly, because few seem aware of this growing threat to the national sovereignty of many countries around the world. That finally seems to be changing, with a number of articles warning about the dangers of ISDR appearing recently. 

On Techdirt.

June 4th: The Struggle Of Memory Against Forgetting

Today is June 4th, a day pretty much like any other day in most parts of the world. But in China, June 4th has a unique significance because of the events that took place in Tiananmen Square on that day in 1989. This has led the Chinese authorities to introduce a range of increasingly repressive measures designed to minimize the ability of people to find out about what happened then, or to commemorate it, as the International Herald Tribune explains: 

On Techdirt.

Art And Copyright In The Age Of Compulsive Looking

We wrote recently about how the rise of mobile phones with built-in cameras has led to an irresistible urge to record our experiences everywhere with a digital picture. But what happens when those experiences include works of art, which may still be under copyright? That's the interesting question an article in Art News explores

On Techdirt.

Facebook, Google, Microsoft, Twitter And Yahoo Refuse To Cooperate With UK's 'Snooper's Charter'

A month ago, we wrote about how the UK's infamous "Snooper's Charter" had been scuppered by Nick Clegg, the UK's Deputy Prime Minister. The Guardian now reveals that top Internet companies may have played a key role in this decision

On Techdirt.

Australian Spies Want To Hack Tor After Realizing It Routes Around Their Surveillance

One of the key flaws with the data retention schemes being proposed by the UK and elsewhere, supposedly to catch terrorists and serious criminals, is that they won't work. It is trivially easy to avoid surveillance by using encrypted connections, for example those provided by The Onion Router (Tor). This means that the only people who are likely to end up being spied on are innocent members of the public. 

On Techdirt.

EU Mandate For TAFTA Leaked: Includes Investor-State Dispute Resolution For Intellectual Monopolies

One of the concerns about TAFTA/TTIP is that it would repeat the mistakes of ACTA and SOPA as far as intellectual monopolies were concerned. This led to a call by a group of public interest organizations for things like copyright and patents to be excluded from TAFTA (disclosure: I was involved in the drawing up of the text.) Needless to say, no notice was taken of that, and a couple of weeks ago the European Parliament duly passed a resolution on TAFTA that said: 

On Techdirt.

Taiwan's Copyright Proposals Would Combine SOPA With A Dash Of The Great Firewall Of China

You might have hoped that the extensive discussions that took place around SOPA a year or so ago would have warned off governments elsewhere from replicating some of the really bad ideas there, like DNS blocking, but it seems that Taiwan didn't get the message, as Global Voices reports: 

On Techdirt.

Innovators, Public Interest Groups & Open Access Supporters Pull Out Of Talks On EU Copyright In Protest

Back in February we reported on a worrying attempt by the European Commission to reframe the discussion about modernizing copyright in Europe purely in terms of licensing, reflected in the name of the initiative, "Licences for Europe". Although originally a series of discussions were promised to "explore the potential and limits of innovative licensing and technological solutions in making EU copyright law and practice fit for the digital age," in practice moderators shut down discussions of things like exceptions or even Creative Commons licensing. As far as the Commission was concerned, it seemed the answer to updating copyright for the modern age was just old-style licensing and nothing else. 

On Techdirt.

How Long Before A Patent Kills A Hundred Million People?

Recent news that Angelina Jolie underwent a preventive double mastectomy because of her elevated risk of developing breast cancer has drawn attention to the Myriad Genetics case currently before the US Supreme Court, and to the whole area of gene patents. Myriad's monopoly has allowed it to set a high price for its tests -- $3000 -- and this is bound to have acted as a disincentive for those who were unable to afford such a sum. It is therefore quite likely that people have died as a result of Myriad's patents. 

On Techdirt.

18 September 2013

Reading Shakespeare: the Next Act of Open Data

As readers of this blog will have noticed, much of the most innovative work in the field of openness is taking place in open data. One of the largest stores of data is held by government, and the argument for opening it up where possible is strong: after all, we, the public, paid for this data, so it is only right that we, the public, should have access to it. 

On Open Enterprise blog.

Why We Need Open Source: Three Cautionary Tales

Open Enterprise mostly writes about "obvious" applications of open source - situations where money can be saved, or control regained, by shifting from proprietary to open code. That battle is more or less won: free software is widely recognised as inherently superior in practically all situations, as its rapid uptake across many markets demonstrates. But there are also some circumstances where it may not be so obvious that open source is the solution, because it's not always clear what the problem is.

On Open Enterprise blog.

Why are Facebook, IBM, Microsoft and Oracle Backing the Fight *Against* the Blind?

One of the more disgraceful examples of the inherent selfishness of the copyright world is that it has consistently blocked a global treaty that would make it easier for the blind and visually impaired to read books in format like Braille. The thinking seems to be that it's more important to preserve copyright "inviolate" than to alleviate the suffering of hundreds of millions of people around the world. 

On Open Enterprise blog.

The Importance of Being Attributed

A few weeks ago, the Enterprise and Regulatory Reform Act 2013 received Royal Assent. Among its rag-bag of measures are some dealing with the vexed issue of orphan works (or hostage works as they should really be called.) 

On Open Enterprise blog.

Happy 10th Anniversary, Groklaw

One of the amazing things about free software is how it has managed to succeed against all the odds - and against the combined might of some of the world's biggest and most wealthy companies. That shows two things, I think: the power of a simple idea like open collaboration, and how individuals, weak on their own, collectively can achieve miracles.

On Open Enterprise blog.

FRAND Is Broken: Time To Bin It [Updated]

I've written many times about why FRAND licensing is not an option for open source projects, and should therefore be replaced by Royalty/Restriction-Free (RF) terms when it comes to defining open standards to create a level playing field. That's simply a fact arising from the nature of free software licences. But it turns out that FRAND is fundamentally flawed anyway, for reasons the following press release from the European Commission, on its "Statement of Objections to Motorola Mobility on potential misuse of mobile phone standard-essential patents", makes clear:

On Open Enterprise blog.

US-EU Trade Deal In Trouble Before It Even Starts?

For the last few months, Techdirt has been following the surprisingly rapid embrace on both sides of the Atlantic of the proposed transatlantic free trade agreement, known variously as TAFTA or TTIP. Coming out of nowhere, the agreement is being talked about as if its success and benefits are more or less guaranteed. 

On Techdirt.

How Low Can Drones Go?

As we've pointed out in a few stories, drones aren't necessarily something to worry about. Like any technology, they can be used for good and bad purposes, and shouldn't be dismissed out of hand. But determining where exactly the line between acceptable and unacceptable lies is tricky, as the following story from the Capitol Hill Seattle blog shows: 

On Techdirt.

Why Even Good Hospitals And Doctors Are An Obstacle To Better, Cheaper Healthcare

As we noted in the context of antibiotics, it's well recognized that financial incentives cause the pharmaceutical industry to engage in research that tends to maximize profits rather than maximizing the health of the public. But a widely-circulated article in the Washington Post reveals another kind of bias that may stop us from adopting better ways of keeping people healthy that would also reduce healthcare costs

On Techdirt.

EU Commission Sued For Refusing To Reveal Trade Agreement Documents They Shared With Lobbyists

A recurrent theme here on Techdirt is the lack of transparency when international agreements and treaties are being drawn up. That's increasingly recognized not just as problematic, but simply unacceptable in an age when the Internet makes it easy to provide both access to draft documents and a way for the public to offer comments on them. 

On Techdirt.

Saudi Religious Police: Anyone Using Twitter 'Has Lost This World And His Afterlife'

A couple of days ago Techdirt wrote about how Murong Xuecun, a well-known user of the Chinese microblog Sina Weibo with over a million followers, had his account closed down suddenly. Murong has now written a fine article about the background to what happened: he points out that the deletion of his account looks to be part of a larger clampdown on the use of microblogging services by well-known figures who are critical of the Chinese government. The problem for the latter is that these services are becoming a real channel for free expression and less-than-perfectly-censored information: 

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.

Critic Of Chinese Censorship Censored: Microblog With 1.1 Million Followers Deleted

It will hardly come as a surprise to anyone to learn that a popular writer and well-known critic of China's pervasive censorship system has run into trouble for his views. Fortunately, in this case that doesn't mean getting arrested, but nonetheless involves quite a dramatic slapdown

On Techdirt.