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Techdirt has already noted how the NSA's massive spying programs around the world are costing US companies money through lost business -- and are likely to cost them even more in the future. But it seems that the fallout is even wider, as this story from The Voice of Russia makes clear:
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As Mike reported
recently, the NSA has presented no credible evidence that its bulk
metadata collection is stopping terrorist attacks, or keeping people
safe. Instead, the argument in support of the secret activities of the
NSA and its friends abroad has become essentially: "Trust us, we really
have your best interests at heart." But that raises the question: Can we
really do that? New revelations from The Independent newspaper about massive and thorough-going corruption of the UK police and judiciary a decade ago show that we can't:
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Techdirt has already examined the issue of corporate sovereignty many
times over the past year, as it has emerged as one of the most
problematic areas of both TPP and TAFTA/TTIP. A fine article by Simon
Lester of the Cato Institute examines a hidden assumption in these negotiations: that an investor-state dispute settlement (ISDS) mechanism is needed at all.
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Yesterday, Mike reported on the introduction of the "fast track authority" bill in the Senate, and pointed out some of its most troubling
aspects. But it's a long document -- over 100 pages -- and hidden away
within it are some other areas that raise important questions. Take, for
example, Section 8, which concerns sovereignty:
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Techdirt.
Despite overwhelming evidence that the public hates DRM, companies
persist in coming up with new ways to impose it in an effort to control
how their products are used. Here's the latest twist, pointed out to us by @dozykraut:
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Back in 2012, Ben Zevenbergen wrote a long piece exploring a complicated
Dutch case that had been referred to the Court of Justice of the
European Union, the EU's highest court. It concerned the home-copying
exception of European copyright legislation, and hinged on the question
of whether the Dutch collecting society could charge for the "losses"
that result from people downloading both authorized and unauthorized
uploads. That distinction needs to be made, since in the Netherlands
downloading copyright material is permitted, but uploading it is not.
Manufacturers of blank media claimed that they should only have to pay a
lower copyright levy that covered just the downloads of
legally-uploaded materials.
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One of the most contentious aspects of the NSA's surveillance is the
central belief by General Alexander and presumably many others at the
agency that it must "collect it all"
in order to protect the public. To stand a chance of overturning that
policy, those against this dragnet approach need to come up with a
realistic alternative. An interesting article by Matt Blaze in the Guardian offers a suggestion
in this regard that takes as its starting point the recent leaks in Der
Spiegel about the extensive spying capabilities of the NSA's Tailored Access Operations (TAO). As Blaze points out:
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One of the bitter lessons we learned from Snowden's leaks is that the
Internet has been compromised by the NSA (with some help from GCHQ) at
just about every level, from our personal software and hardware, through
ISPs to major online services. That has prompted some in the Internet
engineering community to begin thinking about how to put back
as much of the lost security as possible. But even if that's feasible,
it's clearly going to take many years to make major changes to something
as big and complex as the Net.
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Techdirt.
As Techdirt has noted many times, much of the debate around filesharing
is driven by dogma rather than data. That's beginning to change,
although there has been a natural tendency to concentrate on economic
issues: that is, whether filesharing causes sales of music and films to
drop or not. But copyright is not fundamentally about making money: it's
about encouraging creativity. So arguably a more important question to
ask is: does filesharing harm or help creativity?
That's precisely what an interesting new paper entitiled "Empirical Copyright: A Case Study of File Sharing and Music Output,"
written by Glynn S. Lunney, Professor of Law at the Tulane University
School of Law in New Orleans, seeks to explore (found via TorrentFreak.) Here's the background:
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