UK: Whistleblowers to face lifetime sentences?

Here we go, again. More totalitarian gestures from the British Government.

The Guardian reports…

Government plans that mean computer users deemed to have damaged national security, human welfare, the economy or the environment will face a life sentence have been criticised by experts who warn that the new law could be used to target legitimate whistleblowers.

Politicians claim that this is all about cyberterrorism. But it is obvious that such a legal framework easily can be used against whistleblowers.

And–as usual–it’s all about how you define things.

What is “national security” anyway? It can be almost anything. “Human welfare” is a very broad description. Computer users “damaging” the economy or the environment? (Sounds more like something the Government is doing.)

And notice the word “deemed”.

Well, the definition will be made by… the Government. How convenient.

UK politicians are just about to give themselves yet another legal tool that can be used to curb opposition. This is becoming a pattern.

I cannot understand how they are thinking. OK, politicians see themselves as fair and decent people. That might go for the bureaucracy as well. But you know nothing about how things will be tomorrow. And politics is a volatile business.

To put it in simple words: Never create legal tools that you wouldn’t be prepared to trust in the hands of your worst enemy.

The Guardian: Computer users who damage national security could face jail »

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So, what is Truth?

UK lawmakers prepare to increase the maximum penalty for “cyber bullying” from six months in prison to two years.

The BBC reports…

Under the act, which does not apply to Scotland, it is an offence to send another person a letter or electronic communication that contains an indecent or grossly offensive message, a threat or information which is false and known or believed by the sender to be false.

If so, shouldn’t we begin with deciding on what it is that can be considered as offensive? Or should we make that up as we go..?

And what is false information? What about satire, travesty and irony? What is true and what is false when it comes to political issues? Are there absolute truth in culture? And who is to decide?

Naturally, the proponents of these rules will point out that it’s just about cyber bullying, threats and harassment. But with the definition above–any government could use this law to curb free speech and to stifle opposition.

Don’t give the ruling political class such tools. Sooner or later they will be misused.

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US Government to act against “social pollution” on the Internet?

A US federal agency (The National Science Foundation) has been granted close to a million USD of taxpayers money to study “social pollution”.

Ajit Pai in the Washington Post

The project is being developed by researchers at Indiana University, and its purported aim is to detect what they deem “social pollution” and to study what they call “social epidemics,” including how memes — ideas that spread throughout pop culture — propagate. What types of social pollution are they targeting? “Political smears,” so-called “astroturfing” and other forms of “misinformation.”

And it gets worse…

The Truthy team says this research could be used to “mitigate the diffusion of false and misleading ideas, detect hate speech and subversive propaganda, and assist in the preservation of open debate.”

So, the US Government is trying to get on top of what’s going on in social media, such as Twitter?

If you are to act on misinformation and propaganda–you first will have to decide what the truth is. And that’s not always all that obvious.

To do that you will have to side with one party in ongoing public debate. And in this case truth is to be defined by a government agency…

That’s scary. For real.

Ajit Pai in the Washington Post: The government wants to study ‘social pollution’ on Twitter »

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Open Content (a disruptive concept)

Music, film, games, e-books… In default mode that piece of entertainment or culture you just bought comes with built in copy protection, DRM (Digital Rights Management).

DRM takes away your control and actual ownership. (You know, those Amazon e-books that your Kindle app wrongfully claims “is not licensed for this unit”.) It prevents fair use. Normally DRM comes with special software for your gadget, out of your control. Sometimes such software has been proven harmful–and it is likely that it will spy on you and your habits.

In most places it is illegal to break DRM or even to provide information on how to get round it. (This puts some information about consumer electronics, software and content outside the realm of free speech.)

DRM is a menace. And it seems like we are stuck with it. (It is not only protected by national laws. Often it’s included in new trade agreements like the TPP and the TTIP.)

But DRM can also present a possibility–for startups, self publishers, independent filmmakers, new artists, disruptive ventures and brave entrepreneurs.

The possibility it opens up is not to have it. To use open formats and standards instead.

This is marketing judo. Making a point of not harassing fans and customers. Not demanding special software to play or read something. Not to tamper with peoples gadgets and not to spy on them.

The main sales points would be usability and being friendly to fans and customers. I also believe that most people would catch the “moral” aspect of supporting artists, publishers, record labels and film producers who trust them.

Providing Open Content could become some sort of coveted “moral quality label”. (This is, to some extent, already the case with content under Creative Commons licenses.)

OK, but… Will such content not be pirated? To some extent, yes it will be.

But for most content producers, being unknown is a worse problem than file sharing. There are lots and lots of examples of content taking off just because it has found a loyal following on the file sharing scene. Today, there are even bands and artists promoting their work by putting it on The Pirate Bay.

(To dig deeper into all of this, read Chris Andersons well known and easily digestible book Free: The future of a radical price.)

My point is that Big Business (with help from lawmakers and Big Government) is trying to strengthen its grip over the content industry by beefing up copyright / IP-law–and by technical means, such as DRM.

These dinosaurs are so totally focused on saving their outdated business models that they don’t manage to see, understand or adopt to the ever changing market. That will make them vulnerable to disruptive ideas–to concepts that are more in line with an online society, with the market and with popular demand.

Open Content can be such a disruptive business model.

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Study: Mass surveillance makes us less safe

Mass surveillance does not only violate peoples right to privacy. It is not very effective, when it comes to keeping us all safe.

And–old fashioned police work, that don’t infringe on privacy in the same way seems to be more usable and effective.

This is the conclusion from a European Union-funded multidisciplinary research study. »

That seems reasonable. And if this is the case, moving resources from traditional police and intelligence missions to computerized mass surveillance will make us all less safe.

As in so many other areas of society, the authorities in question (and their staff) attempt to avoid real, hard work. It is much more comfortable to sit behind a computer screen, speculating about sociograms and illusive patterns.

But this might not really be about national security and counter-terrorism. It may be about surveillance of the general population. In that case, mass surveillance makes more sense. And in that case it is much worse, from a civil rights point of view.

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Mass surveillance is bad for business

The quote of the day comes from Microsoft General Counsel Brad Smith at the Silicon Valley panel discussion on NSA surveillance, organized by Senator Ron Wyden (D – Oregon).

“If you’re a consumer or a company, you own your email, your text messages, your photos and all the content that you create. Even when you put your content in our data centers or on devices that we make, you still own it and you are entitled to the legal protection under our Constitution and our laws. We will not rebuild trust until our government recognizes that fundamental principle.”

Money talks. Mass surveillance erodes customers confidence in the tech industry. Business is lost when customers shy away from US Internet based services.

And it’s not just about business. Google’s Eric Schmidt warned about a fragmented, balkanized Internet. Wired sums it up…

“The cost will be huge in terms of shared knowledge, discoveries, and science. It will also be expensive, since the cost of running data centers in every country where they have customers may be too much for some firms to handle.”

The Civil Rights movement, Internet activists and the tech industry–now they all seems to stand together against US Government, its’ security bureaucracy and the security industry.

This might be the tipping point in our fight for a free and open Internet.

Some links: Wired » | CNet » | WP » | PC World » | The Register »

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Twitter vs. US Government

Good and interesting news…

“Twitter just sued the federal government over restrictions the government places on how much the company can disclose about surveillance requests it receives.”

“Twitter’s ability to respond to government statements about national security surveillance activities and to discuss the actual surveillance of Twitter users is being unconstitutionally restricted by statutes that prohibit and even criminalize a service provider’s disclosure of the number of national security letters (“NSLs”) and court orders issued pursuant to FISA that it has received, if any.”

Wired: Twitter Sues the Government for Violating Its First Amendment Rights »

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