Archive for the ‘Internet’ Category
I am not an expert on SOPA, PIPA, or American Censorship of the Internet; but I do know quite enough about the issue to be extremely concerned. This blog got an awful lot of traffic yesterday, and it seems that there were a lot of unanswered questions about how this all will affect Canadians.
The following are many of the search queries — what people type into the “search” bar in their browsers — that brought people to this blog yesterday:
- will sopa affect canada
- stop sopa canada
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- do canadians have a lot of right and freedoms
- bill c-10
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- americancensorship.org canada petition
- sopa strike petition canada
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- protect ip canada
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- american censorship site blocked
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- stop sopa canadian petition
- internet censorship in canada
- usa wants to censor internet will affect the world
- electronic frontier foundation canada
- sopa protest petition canada
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- millenium copyright act canada
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- bill c-11 digital lock rules
- stop sopa and pipa in canada
- will the american censorship of the internet effect canada
- how could the us censorship affect canada?
- will internet censorship afect canadians
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- canada is voting on a new copyright law
- will sopa and protect ip affect canada
- dmca canada
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- internet censorship in canada sopa
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- banned films wiki
- do canadians have a say in sopa
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- fahrenheit 451 and sopa
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- will the protect ip act affect canada
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- will protect ip affect canada
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- how will the internet censor affect other countries
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- canadians against americancensorship
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SOPA and Protect IP (PIPA) will most certainly affect Canada. These bills assume American governance over all of the Internet used by Canadians. Under these laws, an American allegation will result, not just in blocking Americans access to Canadian sites accused of infringement, but in Canadian website takedowns. This is simply unacceptable. Last time I looked, Canada was a sovereign nation.
If I haven’t answered your questions, please let me know in comments or email (click my avatar image; my email address is posted in my profile), and I’ll address any unanswered questions next week.
In the meantime, for information about the legal ramifications of SOPA/PIPA on Canada, Michael Geist wrote a pretty extensive explanation of the legalities for Canadians in Why Canadians Should Participate in the SOPA/PIPA Protest
You can find information about SOPA from http://americancensorship.org/
… and, of course, Wikipedia has clearly stepped up to the plate on this.
Yesterday, while the US portion of Tumblr was dark, I posted a fair number of screen caps of blacked out sites, as well as reblogging Tumblr SOPA protests on my Tumblr blog.
SOPA and PIPA are bad laws that will very definitely impact on Canadians and our Internet.
["American Censorship" refers to the two Internet Blacklist Bills currently enroute to becoming law. The PROTECT IP bill is currently before the American Senate, and the Stop Online Piracy Act (SOPA) is in their House of Representatives. ]
Easy answer: Of course it will.
The government can order service providers to block websites for infringing links posted by any users.
Risk of Jail for Ordinary Users
It becomes a felony with a potential 5 year sentence to stream a copyrighted work that would cost more than $2,500 to license, even if you are a totally noncommercial user, e.g. singing a pop song on Facebook.
Chaos for the Internet
Thousands of sites that are legal under the DMCA would face new legal threats. People trying to keep the internet more secure wouldn’t be able to rely on the integrity of the DNS system.
Q: What is the DNS system?
A: The DNS or Domain Name System is the hierarchy that controls the Internet URL naming conventions. If you want to set up your own website, the current common use is to register a domain name, to make it easy for users to find your website online. In the beginning, domain name registration was free, nowadays there is an annual charge. You can get a domain through a company like godaddy or choose a privacy respecting registrar like the one I use, Register 4 Less which can be found at https://secure.register4less.com/
This means that you can easily find Google at https://www.google.com/ or Josh Woodward’s music at http://www.joshwoodward.com/ or my brother Larry’s humour blog at http://www.larryrusswurm.com/
One of the most important functions of the Domain Name registration is to ensure that there is only one of each name.
Q: How does Internet Black Listing work?
A: It doesn’t actually turn off the website, it simply removes the site’s domain name. In cases of egregious law breaking, such as child pornography or even copyright infringement, this does nothing to prevent the breaking of these laws. The blocked website still exists, and will continue to be accessed by law breakers via numerical static IP addresses.
But what it will do is make it easier to block competition and innovation while making it more difficult for users to find the websites they want.
Q: How will Website Blocking affect Canada?
A: The Internet is all over the world.
If Websites are only blocked within the United States, American customers will find it difficult, impossible or perhaps illegal to access these blocked websites. If A Canadian website is accused of infringement, whether real or imagined, this blocking will mean the loss of American customers.
If blocking is done by DNS domain name removal, this will affect websites the world over.
Q: How will the Risk of Jail for Ordinary Users affect Canada?
A: Richard O’Dwyer, a British University Student is currently facing extradition to the United States to face charges of copyright infringement under existing laws.
Need I say more?
Q: What do they mean when they warn about “Chaos for the Internet?”
A: Different laws exist in different countries.
The Internet is comprised of networked connections all over the world.
Current American law provides for “safe harbors” which protect sites like Facebook, Flickr, and G+ as well as independent blogs and comments from legal liability in the event a third party posts illegal material.
Without this, the Internet will cease to be an interactive medium, because no one, whether independent bloggers or Internet giants like Wikipedia will have the luxury of allowing third party posting. A malicious edit in Wikipedia could spell the end of the fifth largest website in the world. YouTube can’t afford to screen every video for potential IP violation. Most Independent bloggers don’t have legal departments.
Canadian law is different than American law. Although Canadians are some of the most active people online, we seem to be users rather than pioneers. Recently Michael Geist appeared before Canada’s Standing Committee on Industry and explained the legal barriers that existing Canadian law has thrown up before innovative Canadian startups that might have become a YouTube, a Google, a Facebook or a Skype.
Canadian free speech
Recently the Supreme Court of Canada, the highest court in the land, established that Canadian Law should “Avoid restricting the free flow of expression.”
Yet it seems that elements of the proposed Protect IP and SOPA laws seek to make hyperlinking potentially a criminal act. Search engines would be compelled to remove links from search results.
existing Canadian copyright law
IP lawyer Howard Knopf shows that Canadian Copyright law is currently far stronger - and more restrictive to creativity – than American Copyright Law is currently. In Canada we have slightly shorter copyright terms than they have in the United States. I don’t believe Bill C-11 will increase this term if it passes.
Under existing law, Wikipedia is considering removing this photograph of Ontario’s Elmira District Secondary School ~ the school I attended ~ even though it is legal to use this image in Canada, if it is not legal under existing American Law.
This Canadian work is in the public domain in Canada because its copyright has expired for one of the following reasons:
1. it was subject to Crown copyright and was first published more than 50 years ago, or
it was not subject to Crown copyright, and
2. it is a photograph that was created before January 1, 1949, or
3. the creator died more than 49 years ago.
The media description page should identify which reason applies.
This file is only in the public domain in the United States if it entered the public domain in Canada prior to 1996. This image can only be kept if it is also in the public domain in the US. If it is in the public domain in both Canada and the United States it may be transferred to the Wikimedia Commons.
Note: If this image is in the public domain in the US, modify the end of the copyright tag from “}}” to “|commons}}”. This will replace the preceding US copyright notification with a nomination for this image to be moved to the Wikimedia Commons.
Canada is a sovereign nation
It is bad enough that the American government has brought pressure to bear against our government in an effort to compel passage of a Canadian DMCA with Bill C-11 the so-called “Copyright Modernization Act.”
This will affect Canadians, and everyone else.
Map of the Internet – photo by the Opte Project released under a Creative Commons Attribution-NonCommercial-ShareAlike 1.0 Generic (CC BY-NC-SA 1.0) License
“EDSS Old School” Canadian Public domain image, posted to Wikipedia by Dconlon268
The Canadian DMCA logo freed into the public domain CCO 1.0 by laurelrusswurm
I am happy that the writ was dropped before Bill C-32 was passed.
Is that a bad thing?
Of course it mans we have another federal election.
Copyright Reform Apathy
Not so long ago, Jesse Brown did a Search Engine podcast called So Bored of Copyright. He wasn’t alone in thinking that Bill C-32 was likely to be pushed through no matter how atrocious simply because everyone is tired of arguing about copyright. The thinking, shared by many other Canadian activists was that our elected representatives just want it to be over. I understand how difficult it is to fight the same fight over and over again. But still, there was a disturbing willingness to settle for bad law just because everyone is tired of it.
Copyright law will impact on every Canadian. Our existing copyright law may not be perfect, but it isn’t as though we are a lawless nation of pirates, no mater what the USTR says to get a trade advantage. So I’m happy Bill C-32 is off the table, even if it does mean we’re having another Federal election. And I’m sure it will be back, but the longer it takes, there is less chance that we’ll end up with a copyright law benefitting special interest groups to the detriment of Canadian Culture.
Some people are tired of elections.
We’re having them too frequently, apparently.
Yet there are places in the world where there are no elections. Or where the election results are preordained.
Other people are unhappy because elections are expensive.
If we have a minority government, it stands to reason that we will have more elections. It is much harder to run a minority government because the government can’t operate in a vacuum. They have to build a consensus. And sometimes even listen to what the citizens want. And if they want to do something that the people think ill advised, we have some possibility of preventing it.
Then some people think majority government is a good thing. Talk about an expensive proposition.
Say what you want, our run of minority governments has meant very little in the way of patronage spending. While majority governments are always awash in patronage. That’s got to be worse.
Even with a minority our federal government managed to find a billion dollars for the G20.
Can you imagine? How many fighter jets would we have bought if there was a majority government? Wait a minute… fighter jets? Excuse me? If we want fighter jets, why don’t we build our own, shall we? You know, like the AVRO Arrow?
Citizens can’t afford NOT to have elections. We need as many as it takes.
I’ve heard some people are saying they will vote for the Conservative Party of Canada just to give them a majority, just to be done with this election business.
You know what?
If you want to vote for a political party you don’t support, that is your democratic right.
You can use your vote to improve this great nation of ours, or you can waste your vote. You get to decide.
You can vote for the candidate you believe will do the best job for you, or you can vote the way someone else tells you to vote. It is entirely up to you.
You can vote strategically and vote for someone you don’t want to elect. It seems to me that strategic voting is always about voting for someone else;s candidate, never your own. That seems to me just as big a waste. But still, it is your right to choose.
You can spoil your ballot, which won’t count. Or not cast a vote at all.
A great many of us are frustrated because we’ve been ignored for so long. Many of us have given up because the people we vote for are never elected. In the Conservative stronghold where I live, Liberal candidate Andrew Telegdi lost his seat in the last Federal election by 17 votes. And one of the most powerful members of the incumbent government “tweeted”:
The thing to remember is that when we abstain from voting, our voice, however small, is completely unheard. Abstaining from voting doesn’t “teach them a lesson,” it gives them our power. It makes it easier for fewer people to determine our government. All voter apathy does is to make electoral inequity worse.
You have the right not vote. But every vote not cast means that fewer votes hold greater sway. I am well aware Canadian votes count for more or less depending on geographical location. That’s bad enough. If you, like me, live in a place where your vote only counts for a fraction, blowing it off makes it worse. What government does affects all of us.
Debate and Democracy
This election will impact on us all too. Although we are desperately in need of electoral reform, we have to do the best we can with what we’ve got. So although it is your right to vote or not, I hope you decide to vote, and more, to vote the way you believe is best.
I’ve been trying to get the final proof of my novel done, so I’m spread a bit thin. Still, there’s been a flap about the proposed televised Federal Leadership Debate. The decision (by who?) has been made to exclude Green Party Leader Elizabeth May.
The story they are trying to sell is that her exclusion stems from the fact no Green party member has yet been elected. Naturally this speaks to the issue of Electoral reform, since nearly a million Canadian citizens cast Green votes in the last election without electing one.
The thing is, we might have bought that argument had Elizabeth May not participated in just such a debate in a previous election. Excluding her now is not only grossly unfair, but a sign of just how well she did last time.
Unlike our American Neighbors, Canada is a multi-party country. So long as our nation subscribes to party politics, I’m inclined to think that any leadership debate ought to include the leaders of every registered political party. The point of an election is that the slate is wiped clean. No one has been elected yet for the 41st Parliament. So all the candidates – and leaders – ought to be treated as equals. I’m sure that former Prime Minister Brian Mulroney would be happy to tell you what a difference an election can make.
It is in our own best interests to stand up for our democracy. The leader of Canada’s fledgling Pirate Party hit the nail on the head when he tweeted:
I don’t know about you, but as inefficient as our system is, and as badly as we need electoral reform, I’m rather partial to democracy.
And elections are a really good time to get out there and find out what the candidates think.
Or at least what they say.
Andrew Telegdi photo by Chris Slothouber
Tony Clement, Twitter account image (fair dealing)
Elizabeth May photo by Grant Neufeld, Creative Commons Attribution-ShareAlike 2.5 Generic (CC BY-SA 2.5) License
All political logos reproduced as fair dealing.
All other images created by laurelrusswurm and released CC by-sa
I just read a very disturbing Haaretz article, An inside look at the WikiLeaks revolution, in that the author assumes facts not in evidence.
Bradley Manning has been charged but not heard. The word “alleged” is traditionally used in real journalism to describe charges laid but unproven. Under American law, that means that Bradley Manning is innocent– it’s called “The Presumption of Innocence.”
As a fiction author, when I am writing a script or a novel, I can ascribe emotions and feelings to the characters I write because they are my creations.
When I write a news article, however, I stick to recounting only what is factually known.
It is not appropriate to describe emotions and feelings and exact actions of others as facts, particularly respecting events at which I have not been present, when writing a news piece, or even an opinion piece.
The sum of the case against Bradley Manning seems based on an alleged confession to a potentially unreliable witness. No evidence has been proven in a court of law. The case has not been heard. Allegations and hearsay are not facts.
The same actually holds true for the Swedish charges brought against Mr. Assange. There the facts of that case are equally unproven. He has not been convicted of anything, yet like Private Manning, Assange has been deprived of his liberty. [Although there is a world of difference between the two, deprivation of liberty is serious business.
perhaps a career change is in order?
Haaretz’ writer Yossi Melman should consider writing novels where flights of fancy are acceptable, even admirable. Writing fictional accounts in the guise of reportage is certainly not admirable, and in fact is generally considered unacceptable. Fraudulent, even. The point to remember is that the news is generally about real people. What one says or writes can have real repercussions.
I recommend reading Cynthia Bazinet’s more in depth look at this dreadful excuse for ‘journalism’ here. This goes well beyond the watch dog press being dead.
Net Neutrality is necessary to the Internet, for the good of us all. The La Quadrature du Net group continually impresses me with their thoughtfulness, commitment, dedication and focus. [As a mono-lingual Canadian living in a pseudo bi-lingual nation, I find it thrilling to see they operate so beautifully bilingually too!]
Internet blocking is a form of unacceptable censorship, and I believe it will do far more harm than good. Censorship inevitably does. But it’s a thorny issue, particularly when it comes done to some heinous perpetrators. It may seem like a good idea, but blocking a domain does not pull the plug, it simply turns out the light. The bad stuff keeps on in the dark. But LaQuadrature Du Net did a much more amazing job explaining the issue than I can, so I share it here:
The letter sent today to LIBE MEPs
As the LIBE committee prepares to discuss the Angelilli Report regarding the blocking of child abuse websites, we call on you to go further than the rapporteur and reject any measure instrumentalizing the protection of children in ways that would install a censorship infrastructure on the Internet. Whether it is implemented at the EU or national level, blocking is a false solution to a very serious issue that deserves effective and resolute action:
* Blocking fails to give proper incentives for the removal of content, which is only way to actually tackle sexual abuse of children. As the example of Germany suggests, only measures tackling the problem at its roots (by deleting the incriminated content from the servers; by attacking financial flows) and the reinforcement of the means of police investigators can combat child pornography.
* Blocking is ineffective, since Internet blocking measures can be easily circumvented by people and criminal organisations exploiting child pornographic content.
* The Commission’s proposal ignores the risk of over-blocking – i.e the “collateral censorship” of perfectly lawful websites -, which will appear regardless of the filtering techniques that are chosen at the national level.
* The Commission’s proposal omits to specify that only judicial authorities should be entitled to allow Internet blocking measures to ensure that they are proportionate and respect the fundamental right to freedom of expression. Short of this crucial insurance, core principles of the rule of Law in the European Union will be undermined.
* The Commission’s proposal lacks protection against “mission creep”, i.e the extension of Internet blocking to new fields, such as copyright. Such severe measures could be extended to new fields in the near future, thereby further calling into question Europe’s fight for freedom of expression on the Internet and undermining its moral legitimacy at the international level.
We trust that you will protect the fundamental rights of EU citizens by expressing a clear refusal of filtering and blocking measures. We remain available for any inquiry you may have.
La Quadrature du Net, Net Censorship Comes Before the EU Parliament
This letter was written because the issue is coming before the EU parliament. If you live under the jurisdiction of the European Parliament, i can’t ask you strongly enough to visit the La Quadrature du Net site so you can find out what you can do to help prevent bad law but instead work for good.
Both participation and activism are very necessary to healthy democracy.
Along with all the other confusing things that are happening in the world because of the digital evolution is a new way of protesting. The first I heard of DDoS attacks was when it has been employed in the copyfight. On both sides, I might add. Although I’m not a tech person, I’ve necessarily been learning a lot from many who are for my StopUBB blog, but this DDoS business is something we all need to understand.
So I’m reprinting the comment I made on the Guardian’s Richard Stallman article The Anonymous WikiLeaks protests are a mass demo against control
Internet Freedom may well be the most important issue of our time.
When the DDoS attacks began I spent days arguing against the Anonymous protest, but I’ve come to understand it is no different than any other peaceful protest. Amazon operates in digital space, so too must the protests.
How I arrived at this conclusion is detailed in my StopUBB blog post DDoS?
And Amazon has the right to not host a company.
Just as the public has the right to picket Amazon.
Like any peaceful protesters, the digital protests are using the same techniques employed by civil rights activists forever.
Please note: these protesters are behaving more ethically than the forces deployed in the DDoS attacks against WikiLeaks. We should be calling what “Anonymous” does Civil Rights Denial of Service protests, or CRDoS
Using digital means to do it does not change the fact that they are engaging in peaceful protest.
Corporations are NOT branches of law enforcement.
Corporations are immortal artificial constructs that are not accountable to citizens.
Corporations don’t operate on a level playing field with humans,
Corporations exist to make a profit. Nothing else.
Under no circumstances should corporations EVER be allowed to dictate morality or ethics to human beings.
As @FarrenWide points out, the blockage of electronic funds transfer is by far more dangerous.
Why should a banking institution be allowed to tell the citizens of any democracy how they may spend their money?”
That should NEVER happen.
The originating article by Richard Stallman can also be found at Defective By Design: Kettling Wikileaks
Today, that same newspaper published an op-ed piece by Marc A. Thiessen called:
Thiessen starts out by saying,
Secretary of State Hillary Clinton got one thing right last week – she described WikiLeaks’ disclosure of hundreds of thousands of classified documents as “an attack.”
He runs with the attack theme, likening the current war on WikiLeaks with the so called “War on Terror.”
Mr. Thiessen doesn’t seem to grasp the fact that, to the Nixon administration, the Watergate Leaks were equally an attack.
On 26 November, Assange sent a letter to the U.S. Department of State, via his lawyer Jennifer Robinson, inviting them to “privately nominate any specific instances (record numbers or names) where it considers the publication of information would put individual persons at significant risk of harm that has not already been addressed”. Harold Koh, the Legal Adviser of the Department of State, rejected the proposal, stating: “We will not engage in a negotiation regarding the further release or dissemination of illegally obtained U.S. Government classified materials”. Assange responded in turn by writing back to the State Department that “you have chosen to respond in a manner which leads me to conclude that the supposed risks are entirely fanciful and you are instead concerned to suppress evidence of human rights abuse and other criminal behaviour”.