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Who should Police the Internet?

By on June 14, 2016 in Big Data, Censorship, Copyright, File Sharing, Freedom of Speech, Intellectual Property, Internet, Rule of law

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Privatised law enforcement undermines democracy and creates serious risks for fundamental rights, particularly for freedom of expression. Despite this, in current copyright debates, the focus is far too often on how private companies should police the internet, not on the need of a copyright reform.

Internet companies will always take the easiest option. If they fear laws, punishment or bad publicity, it’s always easier and safer for them to delete legal content along with possibly unauthorised or illegal content, just in case.

EDRi: Copyfail #3 – Google and Facebook becoming the Internet police force »

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What the Police really wants to know

By on May 19, 2016 in Big Brother, Data Retention, File Sharing, Intellectual Property, Privacy

For the first time, an ISP publishes statistics of what crimes the Police are investigating when requesting the release of internet subscriber identities. The so-called Data Retention, which is a governmental requirement to store data about everybody’s communications in order to use it against them in the future, was originally justified as necessary for fighting organized crime and terrorism – but is now being used against ordinary sharing of music and movies, according to the ISP.

“We want to publish these statistics in order to show the Police are violating people’s privacy and spending resources on pointless trifles”, says Jon Karlung, CEO of Bahnhof.

Falkvinge: For first time, an ISP reveals why Police demand internet subscriber identities: ordinary file sharing is the most investigated “crime” »

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The Closing of the Net

By on May 13, 2016 in Big Data, Big Entertainment, Big Government, Copyright, Data Retention, Hacktivism, Intellectual Property, Internet, Privacy

Monica Hortens new book The Closing of the Net is now available.

In a mail to colleagues, fans and friends she writes…

I am delighted to announce that my new book “The Closing of the Net” has been released.

“The Closing of the Net” discusses how political decisions are influencing the future direction of Internet communication. As the interests of powerful businesses are manipulating governments and policymakers, and become more embedded in the online world, so these corporations seek greater exemption from liability. The book confronts the deepening cooperation between large companies and the state. Political manoeuvrings, it argues, suggest that the original vision of a free and democratic Internet is rapidly being eclipsed by a closed, market-led, heavily monitored online ecosystem. “The Closing of the Net” tackles the controversies surrounding individual rights today, addressing policy agendas such as net neutrality, copyright and privacy. It includes research that I have not previously published on topics including Megaupload, the EU Data Retention Directive, UK copyright lawsuits, and more.

“The Closing of the Net” is published by Polity Press http://tinyurl.com/zhqz5j6 and is available from Amazon http://amzn.to/1S6zxJ7 It has been described as “thriller-esque”! I do hope you enjoy it.

Monica Horten gave us a lot of important input about the Telecoms Package and other net oriented dossiers when I worked with the Pirate Party in the European Parliament.

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Germany to abolish open wi-fi liability for users’ behavior

By on May 11, 2016 in Big Entertainment, Copyright, File Sharing, Germany, Intellectual Property, Internet

Germany’s ruling coalition has decided to abolish the liability for users’ copyright infringements and other behavior when operating an open wi-fi access point. This weird and anachronistic liability has seriously hampered the organic net growth in Germany, and was recently challenged at the European level. The revised law is expected to take effect as early as this fall.

Falkvinge – Finally: Germany to abolish open wi-fi liability for users’ behavior »

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More on TTIP, IP and the Internet

By on May 6, 2016 in Big Entertainment, Copyright, EU, Intellectual Property, Internet, TTIP, US

“Reading between the lines, it would seem that the United States negotiators are being heavied by their IP industries to push for stronger measures on IPR enforcement. This would be consistent with the industry lobbying on the previous attempt for an EU-US copyright treaty – known as ACTA or Anti-counterfeiting Trade Agreement. It is also consistent with the intensity of the relationship between the lead US negotiating body, the United States Trae Representative (USTR) and representatiives of the US entertainment industries – notably the Motion picture Association of America (MPAA).

A suggestion that is hinted at by the EU negotiators is a new IPR Committee. It is not clear where such a committee would be based, or what its role is, but we can safely assume that it will incorporate the interests of the US corporations who seek to influence EU policy.”

Monica Horten at IPTegrity.com – TTIP leaks: US warned on sensitive IPR issues »

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EU: Privatised censorship and surveillance

By on May 4, 2016 in Big Entertainment, Censorship, Copyright, EU, Intellectual Property, Internet

In relation to the real motivation behind the privatised censorship proposals (copyright), the draft talks about platforms “which make available copyright-protected content uploaded by end-users”. The wording is very deliberate. While the E-Commerce Directive gives liability protection to hosting companies that passively host content on behalf of their users, “making available” is an active use of content for which the rightsowner has a “exclusive right to authorise or prohibit any communication to the public”. As a result, any “making available” by online platforms without prior consent of the rightsholder would be a breach of copyright, for which the platform would be liable. The only option for being liable for a “making available” by your customers is to subject any uploads to prior checking, filtering and/or takedown in cases of doubt. Online platforms already delete vast amounts of perfectly legal content uploaded by users, so this new incentive would make the situation even worse.

EDRi: Leaked EU Communication – Part 1: Privatised censorship and surveillance »

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Todays TTIP leak and the Internet

By on May 2, 2016 in Big Data, Civil liberties, Data Protection, EU, Human rights, Intellectual Property, Internet, TTIP, US

Today a batch of documents concerning the Transatlantic Trade and Investment Partnership (TTIP) has been leaked by Greenpeace.

As suspected there are worrying indications when it comes to the future of a free and open Internet.

• TTIP might result in the EU and US being able to ignore fundamental human rights (such as the right to privacy) when it comes to telecommunications. This is serious, as such issues have been central in previous legislative acts concerning the Internet.

• With the EU-US Privacy Shield still being a pretty open issue, TTIP seems to move the issue of data transfers in favour of Big Data. It is doubtful if there will be any meaningful protection of personal data being transferred from EU to the US.

• When it comes to Intellectual Property (IP), there are signs that TTIP will move to make Internet Service Providers to “voluntary” police the net. In other words, TTIP seems to make another try to re-introduce IP provisions that the European Parliament has already rejected in ACTA.

IP issues in TTIP seems to be open for negotiations and last-minute amendments. EDRi explains…

Concerning so-called “Intellectual Property” (IP), the negotiators seem to take lobbyists’ wish list very seriously. According to the leaked report, “[w]hen confronted with EU warning that bringing sensitive proposals that would require changes in EU law to the table – and doing it at a late stage of the negotiation – may have a negative impact on stakeholders” (which would apparently not include citizens) “and has very limited chances of being accepted”, the US seemed to be prepared to depart from the model of the TPP. Among the proposals the US is thinking of tabling, it includes privatised enforcement measures, that EDRi has been criticising since its inception because they bypass the rule of law and lead to arbitrary corporate decision-making without accountability (cf. “voluntary stakeholder initiatives”). As with ACTA, the US is strongly supportive of “voluntary initiatives” as US-based global giants already impose US copyright law on a global level. The EU (as shown by the recent leak of the Communication on Platforms) supports this approach.

It’s still early days. And there is no lack of warning signals.

So, I guess there will be yet another battle over a free and open Internet. (Frustratingly, in part it seems to be the same battle over IP issues being fought over and over again.)

/ HAX

• Greenpeace: TTIP Leaks »
• EDRi: TTIP leaks confirm dangers for digital rights »
• The Guardian: Leaked TTIP documents cast doubt on EU-US trade deal »
• Europan Commission: EU negotiating texts in TTIP »
• EU Commissioner Cecilia Malmström: Negotiating TTIP »

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GCHQ and Big Entertainment

By on April 12, 2016 in Big Brother, Big Entertainment, Copyright, File Sharing, GCHQ, Intellectual Property, UK

It was a little-noticed story in the Entertainment and Oddities section: The GCHQ is using its spying network to help the copyright industry prevent “unauthorized distribution of creative works” – meaning ordinary people sharing interesting things with each other. Yes, that spying network which was supposed to prevent horrible terror attacks, and only to prevent horrible terror attacks, to safeguard our very lives as a last line of defense, is now in the service of the copyright industry.

Rick Falkvinge: So GCHQ is already spying on behalf of the copyright industry. Why isn’t there an outcry over this change of mission? »

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Pirate Bay in court in Sweden, once again

By on March 21, 2016 in Copyright, File Sharing, Intellectual Property, Sweden, TPB

Today Svea Hovrätt (a regional court in the Swedish three-level court system) began the case about the domain names piratebay.se and thepiratebay.se. The government (represented by public prosecutor Fredrik Ingblad) is making its’ case to seize the two domains. The case also concerns the domain name administrator – Stiftelsen för internetinfrastruktur (IIS) – as a possible accomplice to copyright infringements.

Last spring the district court of Stockholm decided that Pirate Bay founder Fredrik Neij no longer has the right to the domain names. However, it did not seize them for the government, but left them in the care of IIS. Nor did it find that IIS had been part of criminal activities.

An interesting point is if a domain name can be deemed to be a tool for criminal activities — or if it’s just a name, an address.

The trial will go on for two days and a verdict will be read in a few weeks time.

Link to a Swedish IDG article about the case »

/ HAX

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