Archive | Free Information

The latest on EU »link tax«

On 24 February 2017 the Rapporteur of the European Parliament (EP) Committee on Internal Market and Consumer Protection (IMCO), Catherine Stihler MEP, published her draft Opinion on the Copyright Directive. The Opinion sends a strong message against the most extremist parts of the European Commission’s proposal: the “censorship machine” (aka upload filter) proposal in Article 13 and the suggestion to expand the “ancillary copyright ” (aka “link tax”), that failed so miserably in Germany and Spain to every country of the EU.

EDRi: A positive step forward against the “censorship machine” in the Copyright Directive »

Julia Reda, Pirate MEP: New copyright study shows fundamental flaws in EU Commission plans for upload surveillance »

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Zuckerbergs thoughts on how Facebook might rule the world

Ten days ago, Facebook CEO Mark Zuckerberg wrote a very long policy letter, that has been nagging my mind ever since. (Link»)

The ambition is – of course – to make Facebook even bigger and more important in our lives. This also means making the totally dominant social media player even bigger and more important in our lives. I’m not sure that I’m comfortable with that.

Facebook is a very special sort of social engineering, an invisible force guiding us trough social relations, news, politics, community activities, business, and culture. And here I get the impression that Facebook would like to become the curator of our lives.

Going forward, we will measure Facebook’s progress with groups based on meaningful groups, not groups overall. This will require not only helping people connect with existing meaningful groups, but also enabling community leaders to create more meaningful groups for people to connect with.

So, some Facebook groups are to be more important than others? One factor to define a »meningful group« seems to be »real« off-line events. For me, who am a small player in an international network promoting a free and open internet along with civil rights and liberty, this is a disheartening approach. Almost all our work is done online, with the occasional international conference. Nevertheless, together we make a difference – and our work is often the only way to make a real impact when it comes to politics and law making in these fields. Should we matter less?

 

And what about this:

The guiding principles are that the Community Standards should reflect the cultural norms of our community, that each person should see as little objectionable content as possible, and each person should be able to share what they want while being told they cannot share something as little as possible. The approach is to combine creating a large-scale democratic process to determine standards with AI to help enforce them.

For those who don’t make a decision, the default will be whatever the majority of people in your region selected, like a referendum. Ofcourse you will always be free to update your personal settings anytime.

I see the point. But wouldn’t this be creating new »filter bubbles« based on geography and cultural traditions? Will this not hamper human intellectual evolution? Will this not contribute to conformity? Isn’t the beauty of the Internet that it is truly global? Ars Technica dubs the approach outlined by Zuckerberg being »gerrymandering the Internet«.

I would also say that this would be a way to subordinate the individual to majority rule by default settings. Thus, reducing freedom and moving power away from the private person to a faceless collective. And – are we really comfortable with AI handling such delicate matters?

Wouldn’t this be a dream for totalitarian regimes – to be able to single out the ones who have changed their settings in ways that are no longer in line with most other people?

 

Ars Technica makes another valid point:

Zuckerberg adds that he’s thinking of creating “worldwide voting system” for Facebook users which could then be used as a template for how “collective decision-making may work in other aspects of the global community.” That’s a vague formulation. But coming on the heels of his comments about politicians with Facebook engagement, he sounds like he’s floating the idea of turning Facebook into the infrastructure for managing elections.

Putting our democratic system in the hands of Facebook? Really? I don’t think so.

 

And don’t forget to put the Zuckerberg manifesto in context. This is a company who has the creator of a very powerful tool for mass surveillance analysis (used by e.g. the FBI, CIA, NSA and GCHQ) – who also happens to be an advisor to the illustrious US President – on its’ board of directors.

 

I fully understand that running an operation like Facebook is a highly complicated and delicate task. Maybe even impossible.

But the real answer must be competition. Not that many years ago Facebook didn’t even exist. And in an unknown number of years ahead there will be something else – or, I hope, a multitude of alternatives. That is hopeful. But it doesn’t exclude Facebook from scrutiny right now, right here.

We simply do not want the Skynet experience.

/ HAX

• The Zuckerberg manifesto »
• Ars Technica (Op-ed): Mark Zuckerberg’s manifesto is a political trainwreck »

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You cannot and should not legislate against »fake news«

Bad journalism and propaganda have plagued publishing and governments for thousands of years. Donald Trump’s violently-adversarial relationship with facts and Vladimir Putin’s warehouses full of paid internet trolls have simply taken the conversation to an entirely new level in the internet age. But it’s becoming increasingly clear that many of the folks who believe they can somehow legislate this problem away may be doing more harm than good.

Techdirt: ‘Fake News’ Now Means Whatever People Want It To Mean, And Legislating It Away Is A Slippery Slope Toward Censorship »

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Germany: No liability for open WiFi

Wenn Gäste illegale Downloads starten, müssen Cafébetreiber keine Gerichtskosten mehr fürchten. Das soll ein neuer Gesetzentwurf regeln, der auch klarstellt: Es gibt weiterhin keine Passwortpflicht für offene Netze.

So, it seems that operators (cafés, hotels, etc.) of open WiFi nets in Germany no longer will be held liable or risk legal costs if it is used by someone for e.g. illegal downloads.

Nor will there be any requirement as such for password protection. However, a court or a national authority can issue an order against a WLAN operator to prevent the repetition of an infringement.

Frankfurter Allgemeine Zeitung: Weniger Haftungsrisiken für offene W-Lan-Netze »

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The next EU battle: Link tax

Opponents of the plan, including some small web publishers, worry it could choke traffic to their sites by creating a thicket of regulations that will dissuade Google and other platforms from driving users to them. These critics also argue that a publisher’s right will create a “link tax” (a phrase that supporters liken to a slur) but won’t achieve its backers’ main aim: to save the news sector’s broken business model. (…)

Comodini Cachia will present a report next month, including suggested amendments to the proposal, but it’s unclear whether the hard protections demanded by the publishers will survive.

Politico.eu: Plan to make Google pay for news hits rocks »

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Edward Snowden building safe communication tools for reporters

Since early last year, Snowden has quietly served as president of a small San Francisco–based nonprofit called the Freedom of the Press Foundation. Its mission: to equip the media to do its job at a time when state-­sponsored hackers and government surveillance threaten investigative reporting in ways Woodward and Bernstein never imagined. “Newsrooms don’t have the bud­get, the sophistication, or the skills to defend them­selves in the current environment,” says Snowden, who spoke to WIRED via encrypted video-chat from his home in Moscow. “We’re trying to provide a few niche tools to make the game a little more fair.”

Wired » Edward Snowden’s New Job: Protecting Reporters From Spies »

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Is this the end of »mere conduit«?

A central principle in EU Internet-related legislation is the so-called mere conduit rule.

The IT Law Wiki:

Under the mere conduit principle of the EU E-Commerce Regulations of 2002,[1] network operators have no legal liability for the consequences of traffic delivered via their networks.

Wikipedia:

Who an information society service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, Member States shall ensure that the service provider is not liable for the information transmitted, on condition that the provider: (a) does not initiate the transmission; (b) does not select the receiver of the transmission; and (c) does not select or modify the information contained in the transmission. The acts of transmission and of provision of access include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place for the sole purpose of carrying out the transmission in the communication network, and provided that the information is not stored for any period longer than is reasonably necessary for the transmission.

Today’s Swedish court ruling (and earlier European court rulings) to block The Pirate Bay is in direct conflict with this principle, as stated in the EU eCommerce directive.

The grounds for this seems to be the EU InfoSoc directive. The argument is that mere conduit does not apply when it concerns traffic to sites that do not adhere to notifications to remove content that is deemed illegal, e.g. when it comes to copyright infringements and intellectual property.

But this doesn’t make sense.

You cannot have a rule stating that ISP:s have no legal liability for the consequences of traffic relayed via their networks – unless illegal. That is the same as saying that ISP:s do have legal liability for the consequences of traffic relayed via their networks. And this is the opposite of what is stated in the eCommerce directive.

And even though the ISP in question have not been charged with any criminal offense – it is to be considered liable, as the verdict states that it will have to pay a hefty fine unless blocking The Pirate Bay. (The ISP also had to pay the copyright owners legal fees.)

I would say that we have a clear case of conflicting laws. And as the blocking verdict is only an interpretation of the InfoSoc directive, while the eCommerce directive states a very clear principle – the latter shall apply.

But I´m no lawyer. Reactions, opinions, and feedback are welcome in the comments below.

/ HAX

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