Resistance Grows To Inclusion Of Corporate Sovereignty In Canada-EU Trade Agreement (CETA)

Remember CETA, the Canada-EU trade agreement, officially known as "Comprehensive Economic and Trade Agreement"? You could be forgiven for losing track of where things were with the negotiations, which have been dragging on since 2009, but a kind of milestone was passed recently: 

On Techdirt.

Suitcase-Sized Drones Extend And Deepen OpenStreetMap's Coverage

An increasing number of online services use location information. This places suppliers like Google, with its Google Maps, in a strong position, since creating such geodata for entire countries -- or the world -- is something that can only be undertaken by large, well-funded companies. At least, that was true in the past, but increasingly the free, crowd-sourced alternative, OpenStreetMap, is gaining both contributors and commercial users: 

On Techdirt.

100,000 Users Of Chinese Microblog Sina Weibo Punished For Violating 'Censorship Guidelines'

We've written a number of times of the various ways in which China tries to police its online world. These include punishing individuals, as well as imposing general rules that apply to everybody. Until now, it's been hard to tell to what extent the latter were just saber-rattling. Now we know, thanks to a new post on the Global Voices site: 

On Techdirt.

Royalty Collection Agency SABAM Sued By Belgian Government Over 'Piracy License' Plans

Back in May, we wrote about how the Belgian music royalty collection agency SABAM was taking ISPs there to court over its demand for 3.4% of Internet subscriber fees as "compensation" for online piracy in Belgium. In yet another slapdown for SABAM -- it had previously failed in its attempt to turn ISPs into copyright cops -- the Belgian regulator says SABAM's plan falls foul of the EU's e-commerce directive, as IT World reports: 

On Techdirt.

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.

TPP IP Chapter Leaked, Confirming It's Worse Than ACTA

We've been waiting a long time for a major leak of the secretive TPP agreement, and thanks to Wikileaks, we now finally have it (pdf - embedded below). It's long and heavy going, not least because of all the bracketed alternatives where the negotiators haven't been able to agree on a text yet. Even though the draft is fairly recent -- it's dated 30 August, 2013 -- it contains a huge number of such open issues. Fortunately, KEI has already put together a detailed but easy-to-understand analysis, which I urge you to read in full. Here's the summary:

On Techdirt.

Chinese CCTV Surveillance Defeated By Chinese Smog

Techdirt has often written about CCTV surveillance, and its many pitfalls. But according to this story in the South China Morning Post, the provincial capital Harbin, in north-eastern China, has a very particular problem in this regard: 

On Techdirt.

Internet Archive Fire Shows Vulnerability Of The World's Online Memory

The Internet Archive is a jewel of the digital world: 

On  Techdirt.

Renault Introduces DRM For Cars

The problems with DRM for videos, music, ebooks and games are well known. Despite those issues for the purchasers of digital goods, companies love DRM because it gives them control over how their products are used -- something that has been much harder to achieve in the analog world. The risk is that as digital technologies begin to permeate traditional physical products, they will bring with them new forms of DRM, as this post by Karsten Gerloff about Zoe, one of Renault's electric cars, makes clear: 

On Techdirt.

Australia Spied On Japanese Companies To Help Its Industries Negotiate Trade Deals

As more information comes to light about the global snooping being conducted by the NSA and GCHQ, it is becoming clearer that much of it had little to do with combating terrorism, as a recent EFF article makes plain. But most damaging to the idea that massive surveillance was justified, because it was to protect people from extreme threats, is the revelation that commercial espionage was also being conducted. So far, the chief example of that is in Brazil, but The Sydney Morning Herald (SMH) now has information about large-scale industrial spying on Japanese companies carried out by Australian secret services: 

On Techdirt.

How China Is Going Global With Its Censorship

It is neither a secret nor much of a surprise that China keeps its media under tight control. But one knock-on consequence of its rise as a global power is that it is now seeking to extend that influence to those located outside China, including mainstream Western media. That trend is explored in a new report from The Center for International Media Assistance (CIMA), entitled "The Long Shadow of Chinese Censorship: How the Communist Party's Media Restrictions Affect News Outlets Around the World." 

On Techdirt.

South Africa Plans To Terminate And Renegotiate Treaties That Include Corporate Sovereignty

Despite the growing evidence that corporate sovereignty clauses in international treaties pose considerable risks to nations that sign them, such "investor-state dispute settlement" (ISDS) mechanisms are present in both TPP and TAFTA/TTIP -- at least as far as we know: it's hard to be sure given the obsessive secrecy surrounding them. 

On Techdirt.

Australian Government Announces Rare Public Consultation On TPP -- Then Bans All Journalists From Attending

As Techdirt has noted many times, the TPP negotiations -- like ACTA before them and now TAFTA/TTIP -- are distinguished by an almost complete lack of transparency. That makes the rare opportunities offered by governments participating in TPP to find out more, particularly valuable and important. Here's one announced recently by the Australian government: 

On Techdirt.

Is There Any Alternative To The NSA's 'Take It All' Approach?

At the moment, the only half-way serious attempt at justifying the NSA's "take it all" approach to surveillance is to claim that there is no alternative if we want intelligence agencies to spot and stop extreme threats like terrorism: 

On Techdirt.

US Court Rules Again That Natural Phenomena Cannot Be Patented, Casting Further Doubt On Gene Patents

Back in June, Mike wrote about the important Myriad Genetics judgment from the Supreme Court, which said that naturally-occuring genetic material could not be patented. However, because of some hedging from the judges, there were concerns about how much this would block gene patents in practice. Last week we had an indication that the impact is indeed likely to be significant, as VentureBeat reports: 

On Techdirt.

Is Snowden Inspiring A New Wave Of Whistleblowers?

We noted last week that Japan was bringing in severe new punishments designed to discourage whistleblowing. That might suggest that following Snowden's leaks, there will now be a period of repression where potential whistleblowers lie low to avoid bringing down the wrath of governments on their heads. One person with a better idea than most about what is really going on here is Jesselyn Radack. She's employed by the General Accountability Project (GAP), a leading US whistleblower protection and advocacy organization. Here's part of her biography on the GAP site: 

On Techdirt.

Why Opening Up Clinical Trials Data Is Good For Pharma Companies Too

Earlier this year we wrote about how AbbVie, the pharma company spun out of Abbott Laboratories, had gone to court to stop the European Medicines Agency (EMA) from releasing clinical trials information about one of its drugs. Despite what AbbVie claimed, this was not commercially sensitive in any way, but simply basic data about safety and efficacy. 

On Techdirt.

German Director Proposes 'One-Stop Shop' For Free, Instant, But Non-Exclusive Licenses To Offer Films Online

It's always heartening to come across new ideas for ways to make creations more widely available to the public while allowing artists to benefit. Here's one from the German film director Fred Breinersdorfer, probably best known for his film "Sophie Scholl". In an article that appeared recently on the newspaper site Süddeutsche.de (original in German), he complains about the fact that searching online for his film throws up plenty of unauthorized versions, but precious few authorized ones. 

On Techdirt.

Japan Likely To Pass New Secrecy Law That Would Put Whistleblowers And Journalists In Jail

One of the many worrying aspects of the Snowden saga is an attempt in the US to reframe whistleblowing as treason, and to make it harder for people to reveal information to journalists or the public that might embarrass the government there. However, things are even worse in other parts of the world. In Japan, for example, there are plans to bring in a new secrecy law that will make whistleblowing even more risky, as Reuters reports: 

On Techdirt.

India's Approach To Pharma Patents Under US Attack, But Other BRICS Nations Likely To Adopt It

Techdirt has been reporting for a while on India's growing success in providing its population with access to low-cost generic drugs, making use of the permissions to do so granted by TRIPS. That has naturally earned it the ire of Western pharma companies, which now seem to be striking back, as this post on Infojustice.org explains: 

On Techdirt.

IETF Begins To Work On Designing A Surveillance-Resistant Net

Edward Snowden's leaks show that the NSA and GCHQ have been systematically subverting key technologies that underlie the Internet. That betrayal of trust has prompted some soul-searching by the Net engineering community, which realizes that it needs to come up with more surveillance-resistant approaches. This story from Radio Netherlands Worldwide (RNW) provides information about the kind of thing they are working on in one key group, the Internet Engineering Task Force (IETF). It reports on a speech given by the IETF's chair, Jari Arkko, at the recent Internet Governance Forum in Bali, Indonesia. 

On Techdirt.

How Much Does Gold-Plated Corporate Sovereignty Cost? $1 Billion Or About 2% Of A Developing Country's GDP

Last week we wrote about the rising threat of corporate sovereignty, known more obscurely as "investor-state dispute settlement", that allows companies to sue countries for alleged loss of future profits. Just how grave that threat is for developing nations can be gauged by the following, reported by Tico Times: 

On Techdirt.

TTIP Update VI

In my previous TTIP update, I reported on an extremely important leak about the Trans-Pacific Partnership agreement (TPP), which is the other half of the US attempt to stitch up world trade through supranational treaties. 

On Open Enterprise blog.

Turning Mozilla Thunderbird into a Phoenix

I've always been a big fan of Mozilla's email client, Thunderbird, even when it was unfashionable to admit it. Because, for the last few years, the view amongst those "in the know" was that email was dead, that nobody used it, and that even if they did, Web-based systems like Gmail meant that Thunderbird and its ilk were dinosaurs. 

On Open Enterprise blog.

Resisting Surveillance on a Unprecedented Scale III

(The previous two parts of this essay appeared earlier.)

Or maybe not. There is a rough consensus among cryptography experts that the theoretical underpinnings of encryption - the mathematical foundations - remain untouched. The problem lies in the implementation and the environment in which encryption is used. Edward Snowden probably knows better than most what the true situation is, and here's how he put it:

Encryption works. Properly implemented strong crypto systems are one of the few things that you can rely on. Unfortunately, endpoint security is so terrifically weak that NSA can frequently find ways around it.

That's a hugely important clue as to what we need to do. It tells us that there is nothing wrong with crypto as such, just the corrupted implementations of otherwise strong encryption techniques. That is confirmed by recent leaks of information that show computer software companies complicit in weakening the supposedly safe products they sell - truly a betrayal of the trust placed in them by their customers.

The good news is that we have an alternative. For the last few decades, free software/open source has been building a software ecosystem that is outside the control of the traditional computer industry. That makes it much harder for the NSA to subvert, since the code is developed openly, which allows anyone to inspect it and look for backdoors - secret ways to spy on and control the software.

That's not to say free software is completely immune to security issues. Many open source products come from companies, and it's possible that some of them may have been pressured to weaken aspects of their work. Free software applications might be subverted as they are converted from the source code, which can be easily checked for backdoors, to the binaries - the versions that actually run on a computer - which can't. There is also potential for online holdings of open source programs to be broken into and tampered with in subtle ways.

Despite those problems, open source is still the best hope we have when it comes to using strong encryption. But in the wake of Snowden's revelations, the free software community needs to take additional precautions so as to minimise the risk that code is still vulnerable to attacks and subversion by spy agencies.

Beyond such measures, the open source world should also start thinking about writing a new generation of applications with strong crypto built in. These already exist, but are often hard to use. More needs to be done to make them appropriate for general users: the latter may not care much about the possibility that the NSA or GCHQ is monitoring everything they do online, but if they are offered great tools that make it easy to resist such efforts, more people may adopt them, just as millions have switched to the Firefox browser - not because it supports open standards, but because it is better.

Although the scale of the spying revealed by Snowden's leaks is staggering, and the leaks about the thoroughgoing and intentional destruction of the Internet's entire trust and security systems are shocking, there is no reason for despair. Even in the face of widespread public ignorance and indifference to the threat such total surveillance represents to democracy, as far as we know we can still use strong encryption implemented in open source software to protect our privacy.

Indeed, this may be an opportunity for open source to be embraced by a wider public, since we now know definitively that commercial software cannot be trusted, and is effectively spyware that you have to pay for. And just as Moore's Law allows the NSA and GCHQ to pull in and analyse ever-more of our data, so free software, too, can benefit.

For as Moore's Law continues to drive down the prices of personal computing devices - whether PCs, smartphones or tablets - so more people in developing countries around the world are able to acquire them. Many will adopt free software, since Western software companies often price their products at unreasonably-high levels compared to local disposable income. As open source is used more widely, so the number of people keen and able to contribute to such projects will grow, the software will improve, and more people will use it. In other words, there is a virtuous circle that produces its own kind of scaling that will help to counteract the more malign kind that underlies the ever-expanding surveillance activities of the NSA and GCHQ. As well as tools of repression, computers can also be tools of resistance when powered by free software, which is called that for a reason.