PayPal joins the Dark Side?

PayPal just updated their User Agreement – and went barking mad.

The new paragraph at section 1.3 reads as follows:

“When providing us with content or posting content (in each case for publication, whether on- or off-line) using the Services, you grant the PayPal Group a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the PayPal Group, its sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and the PayPal Group’s use of such content (including of works derived from it) in connection with the Services.”

Whut!?!

And what is “content” supposed to be? PayPal is a payment service. So the only content there is, is the online stuff people and companies sell using PayPal as payment provider. Did PayPal just claim control over all of that?

/ HAX

Links:
• Bitcoin is the Future: PayPal Changes Terms of Service to Take Your Content
• PayPal

Sony & MPAA to use trade agreements to stop copyright reform

Some days ago Wikileaks released the “dump” from the Sony hack. Among other things, we can find this piece of information…

“Finally, in regard to trade, the MPAA/MPA with the strong support of your studios, continue to advocate to governments around the world about the pressing the need for strong pro-IP trade policies such as TPP and the proposed EU/US trade agreement (TTIP).”

i) This might refer to the ISDS article of TTIP, allowing companies to sue countries who are changing laws in ways that may limit these companies future profits. In this case, suing the EU if it would reform its legal framework on copyright.

ii) It might also be a signal that TTIP will be yet another attempt to limit the freedom of the Internet — and to force Internet Service Providers to police (and be responsible for) everything their customers are up to. (Like in the ACTA treaty, that was voted down by the European Parliament.)

Probably both.

Today, copyright and “intellectual property” are concepts that are used in ways they where never intended to. They have become arguments for limiting free flow of information and free speech. They have become arguments for mass surveillance and control. And they are suffocating the free market.

Copyright must be reformed and adopted to todays markets and todays technology. But apparently Big Entertainment is doing all in its power to stop such a reform.

Finally, I love free trade. But I’m not so sure that is what trade agreements like TTIP is about. It looks more like regulations and restrictions, in many areas. And you don’t need trade agreements to have free trade. All you have to do is to open up your borders.

/ HAX

UK to ban anonymous porn surfing?

The UK is about to “shut down hardcore pornography websites that don’t put in place age-restriction controls”. The purpose is said to be to protect children from being exposed to pornography.

As a consequence, anonymous porn surfing will become impossible. This is bad, in many ways.

Porn surfing on the net is a way for many people to explore their sexuality and to learn more about non-mainstream sex. Not being able to do this anonymously will keep some people away. Maybe most people.

Keeping people away from anonymous surfing on esoteric porn sites may also have other, unintended consequences. If people are deterred from fulfilling their sexual fantasies online, they might move to other ways and places. Like your lokal park.

But what about the children? Well, I think they should be aware of sexuality, being ready to embrace it when that day comes. And it is moronic to believe that you can keep young people away from porn. All you may accomplish is to make “forbidden fruit” even more thrilling for them.

My guess is that the British Conservatives are just using children as a pretext for antiquated moral dominance. (Which seems a bit kinky to me.)

/ HAX

Links:
• Porn Websites Without Age Verification To Be Shut Down, Sajid Javid Pledges »
• Are a Tenth of the UK’s 12-Year-Olds Really ‘Addicted’ to Porn? »

Please support EDRi!

During the five years that I worked in the European Parliament – one organisation stood out when it came to protecting our digital rights (on issues like privacy, data protection, mass surveillance, web censorship etc.)

That organisation is EDRi – European Digital Rights.

EDRi is campaigning in a very hands on way, asking the hard questions at public hearings, serving the European Commission and the European Parliament with facts and helping members of parliament to fight and amend bad legislation.

It is essential that EDRi will be able to continue its work. They are often the last defence line when politicians endanger our free and open Internet.

Please follow these links to support EDRi:
Final push for our crowdsourcing campaign »
Support Digital Rights in Europe! »
Donation FAQ »

Tank you. Very Much.

/ HAX

The EU and a global ban on encryption

Will encryption become illegal? Will governments demand “golden keys” to commonly used encryption? If governments will go after encryption, will they make a difference between encryption used in Internet “base traffic” and encryption used by people to protect their mail and hard drives? What about apps? Nobody seems to know. All we do know is that governments would like to have access to all our communications.

Even if they have tried to keep it under wraps EU member states would like to circumvent encryption. In a leaked dokument from the informal meeting with EU justice and home affairs ministers the other week (PDF), we have it in writing…

“Since the Snowden revelations, internet and telecommunications companies have started to use often de-centralized encryption which increasingly makes lawful interception by the relevant national authorities technically difficult or even impossible. The Commission should be invited to explore rules obliging internet and telecommunications companies operating in the EU to provide under certain conditions as set out in the relevant national laws and in full compliance with fundamental rights access of the relevant national authorities to communications (i.e. share encryption keys). “

So, we pretty much know what the EU stance will be at the Global Security Summit, in the US nest week.

Interestingly, the European Parliament seems to have an opposite position. In its resolution on mass surveillance of March 2014, the Parliament states that…

[The EP] calls on the Commission to […] ensure a high level of security of telecommunication networks and services, including by way of requiring state-of-the-art end-to-end encryption of communications.

[The EP] calls for the EU to take the lead in […] rerouting of Internet traffic or full end-to-end encryption of all Internet traffic so as to avoid the current risks associated with unnecessary routing of traffic through the territory of countries that do not meet basic standards on fundamental rights, data protection and privacy.

[The EP] calls for the promotion of … encrypting communication in general, including email and SMS communication.

Apparently the European Parliament takes a very different stand, compared to EU member states.

And the Council of Europe (a parlament-like assembly with representatives from most European countries, including non-EU states) makes its position clear in a report…

“The assembly is deeply worried about threats to internet security by the practice of certain intelligence agencies […] of seeking out systematically, using and even creating “back doors” […] which could easily be exploited also by terrorists and cyber-terrorists or other criminals. […] The creation of “back doors” or any other techniques to weaken or circumvent security measures or exploit their existing weaknesses should be strictly prohibited.”

Again, this is a clear standpoint, the very opposite to that of EU member states.

To continue, we have a study from the European Parliament’s Science and Technology Options Assessment unit stating…

“The only way for citizens to counteract surveillance and prevent breach of privacy consists in guaranteeing uncorrupted end-to-end encryption of content and transport channel in all their communications.”

“The EU should invest in resilient open source implementations of different encryption specifications that can be verified and validated for correctness … providing users with unbreakable cryptographic protection. … The EU should invest in making users aware […] how [they] can reduce their digital footprint by following behavioural rules and applying encryption and anonymising principles.”

To put it simply: EU member states would love to have a ban on encryption or a “golden key”. Other relevant European institutions take an opposite standpoint — valuing and defending encryption.

But it will be the EU member states (and the EU Counter-Terrorism Coordinator) who are present at the Global Security Summit in Washington the coming week. And they will try to make their position global policy.

There is a way to get an encryption ban / golden key out of the summits agenda. That is to make this a public issue, to get the media involved and for people to speak out against this madness.

What we do right now will define our future.

/ HAX

Links:
• Not this again! Europe mustn’t backtrack on its support of encryption and rejection of surveillance »
• Next Week, World Leaders Will Meet to Talk About How Much They Hate Encryption »
• Council of the European Union (EU member states) PDF »
• Council of Europe (PDF) »
• UK Surveillance Consultation Suggests It Is End-Point Security, Not Encryption, That Cameron Wants To Subvert »
• In two weeks time, world leaders may decide to undermine encryption »

AJE: The Jason Moon interview

Here is a sobering interview, made by Al Jazeera English with hacker Jason Moon.

Among other things he talks about the new imbalance between data mining and old fashion intelligence work–making us all less secure.

AJE: Jason Moon: Preparing for a ‘digital 9/11’ »

Hacking politics

A free and open internet, copyright reform, mass surveillance, data protection and civil rights are all issues where the rules are decided in politics. But politics is not always a fair and open democratic process. And change do not always has to be initiated from within the traditional political system.

Former Pirate Party member of the European Parliament (MEP) Amelia Andersdotter this weekend delivered a piece over at TorrentFreak: Pirate Party MEP Fails to Deliver True Copyright Reform »

Here she criticises newly elected German Pirate MEP Julia Reda for her report on EU copyright reform. Andersdotter writes “De facto, Julia Reda is more conservative than the European Commission, and this is a massive problem for representative democracy.”

In defence of Reda, one could say that she has written a report (not legislation) that the European Parliament might be able to accept. This report, written by some other MEP, probably would have been right out damaging. Reda has picked the fights she might be able to win.

But that still leave us with the problem that there might be no real copyright reform in the EU, if left to the EU institutions. Which brings me back to my thesis that you need external pressure in combination with inside political initiatives to change things. To get toothpaste out, you have to apply pressure to both sides of the tube.

I have worked with internet related issues inside the European Parliament. Before that I was an activist outside the EU institutions. Frankly I cannot say when I had the best possibility to influence, to change things. Inside you have resources, not available to activists. But outside you are a voice from reality, of the people–that most politicians will have difficulties to ignore. (Especially if you manage to involve the media.)

Inside the political system you have a choice between different strategies.

You can burry yourself in details. That ought to be a reasonable approach. But in reality you will find yourself in a never ending flood of paper. To do this you need vast resources when it comes to time, manpower and expertise.

The other inside strategy is simply being there. To offer others your perspective, to ask the hard questions, to lead media in the right direction, to be a visionary and a crusader with a cause. For small political organisations, with small resources–this might be the easier way to go.

One, two, twenty or no internet friendly MEP:s or MP:s–most of us will still be outside the parliamentary and political system. But we can make a difference. We are the ones who shape public opinion. We are civil society. We can make politicians jump. To do so, we just have to take action.

/ HAX

Links:
Pirate Party MEP Fails to Deliver True Copyright Reform »
Christian Engström: Political Activism (Pirate Visions) »