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Obama whirls the copyright lobbyist/government official revolving door

The Obama administration has a new negotiator in its effort to pass the Trans-Pacific Partnership, a secretly negotiated treaty that includes broad powers to censor and surveil the Internet: Robert Holleyman, one of the chief SOPA lobbyists. Holleyman just retired from serving as head of the Business Software Alliance. His successor is Victoria Espinel, who just quit the Obama administration, where she served as "IP Czar." Obama promised to shut down the revolving door between lobbyists and government, but it's spinning quicker than ever. Cory 54

Wikileaks publishes the "Internet Chapter" of the secret Trans-Pacific Partnership trade agreement (SOPA's back)

Wikileaks has published the Internet Chapter of the secretive Trans-Pacific Partnership, a global trade-deal negotiated between corporate leaders and government reps without any democratic oversight (the US Trade Rep wouldn't share TPP drafts with Congress, and now it is headed for fast-tracking into law). TorrentFreak has parsed out the text, and compares it to SOPA, the brutal US copyright law that collapsed in the face of massive public protest. The treaty is reportedly at a "negotiated stalemate" thanks to the US Trade Rep, who has refused to bend on treaty provisions that other nations objected to.

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Hacking Politics: name-your-price ebook on the history of the SOPA fight

Hacking Politics is a new book recounting the history of the fight against SOPA, when geeks, hackers and activists turned Washington politics upside-down and changed how Congress thinks about the Internet. It collects essays by many people (including me): Aaron Swartz, Larry Lessig, Zoe Lofgren, Mike Masnick, Kim Dotcom, Nicole Powers, Tiffiny Cheng, Alexis Ohanian, and many others. It's a name-your-price ebook download.

Hacking Politics is a firsthand account of how a ragtag band of activists and technologists overcame a $90 million lobbying machine to defeat the most serious threat to Internet freedom in memory. The book is a revealing look at how Washington works today – and how citizens successfully fought back.

Written by the core Internet figures – video gamers, Tea Partiers, tech titans, lefty activists and ordinary Americans among them – who defeated a pair of special interest bills called SOPA (“Stop Online Piracy Act”) and PIPA (“Protect IP Act”), Hacking Politics provides the first detailed account of the glorious, grand chaos that led to the demise of that legislation and helped foster an Internet-based network of amateur activists.

Hacking Politics

Name-your-price SOPA history

Alan sez, "Demand Progress, part of Aaron Swartz's legacy, has been working for a while on a collection of essays and thoughts by people including Aaron, Lawrence Lessig, Techdirt's Mike Masnick, and Kim Dotcom. The collection is now available in ebook and paperback form. You can even pay in bitcoins, if that's how you roll." Cory

Cellphone unlocking is the first step toward post-SOPA copyright reform

Derek Khanna was a Professional Staffer for the Republican Study Committee in the House of Representatives. Khanna, 24, previously worked on Mitt Romney’s 2008 presidential campaign and in the office of Senator Scott Brown (R-MA).

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Lessig's Harvard Law lecture: "Aaron's Law"

Larry Lessig's Harvard Law address, "Aaron's Laws - Law and Justice in a Digital Age" is a riveting, bittersweet talk on the state of Internet law, and law in general, and, always, corruption, money and the abuse of power. If you want to understand how our world got to its present messed-up state, look no further. Then do something about it.

Lessig on "Aaron's Laws - Law and Justice in a Digital Age"

Fall of SOPA explained in 3 minute video

Simon sez, " This is a short motion graphic video concisely documenting the fall of SOPA with great attention to detail, and recognising future bills that may be a threat to online democracy. It is notable for the way in which it highlights SOPA as a great moment in history; a bill that threatened democracy was felled by one the greatest democratic sources in the world -- the internet."

The Fall Of SOPA

Survey for SOPA fighters

Dierdre from the I-School at Berkeley sez, "Did you take part in history? Want to contribute your story? We want to know it. Contribute to a knowledge base designed to shed light on the public's role in the debates. Many folks have written the people out of the narrative. We know you were there, we want to make sure your role isn't lost in the dustbin. We promise to let you know what we find." Cory

France remains America's copyright crash-test dummy: about to ditch HADOPI, poised to adopt the dregs of SOPA instead

France is on the verge of killing its ill-starred HADOPI system, whereby people who are accused of multiple acts of copyright infringement are disconnected from the Internet, along with everyone in their homes. After two years, HADOPI has spent a fortune and has nothing to show for it. HADOPI was enacted thanks to enormous pressure from American entertainment companies and the US Trade Representative, and was the first of the "three strikes" rules to make it into law (New Zealand and the UK also both capitulated to Pax America shortly after).

But the new president Hollande is determined to continue to have France play the role of crash-test dummy for America's failed copyright policy. As a condition of dismantling HADOPI, his government has proposed enacting the worst provisions of SOPA, the US copyright proposal that America roundly rejected last year. Under SOPA.fr, the French government will make intermediaries (payment processors, search engines, web hosts) liable for infringement, with broad surveillance and censorship powers.

French Hadopi Scheme Gutted; Other Bad Ideas To Be Introduced Instead

SOPA's daddy, Lamar Smith, to chair the House Committee on Science, Space and Technology

Mr_raccoon sez, "Remember Lamar Smith (the guy who tried to pass off SOPA as being good for the internet)? Well there is a lot of talk about his chairing the House Committee on Science, Space and Technology. The GOP is set to vote on this today. This is like making an arsonist the fire-chief." Cory

Internet Voter Registration Day: pledge to vote, and get your friends to pledge, and scare the piss out of SOPA-loving DC insiders

Tiffiniy from the SOPA-killing activist group Fight for the Future sez,

Remember when we worked together and beat back internet censorship and SOPA, and changed the world earlier this year? 2012 is a historic year for our basic rights on the web - the year the internet came alive and fought for free speech and freedom. Sites like Boing Boing depend on an open and free web, and so doesn't much of what you love and do on the web.

Unfortunately, Congress still only cares about the opinions of likely voters. If everyone who cares about internet freedom stays at home this election, Congress will bring back SOPA. That's why we've been working on a campaign to turn out a massive number of internet users at the polls, and we're asking people to join us tomorrow for Internet Voter Registration Day, right before a bunch of state deadlines, by pledging that you'll vote, and register if you need to: internetvotes.org.

Washington insiders thought SOPA, PIPA, and CISPA were all 'certain to pass.' How did the internet win against those bills? Because people stood up to protect free speech and the transformative power of the internet in their lives.

Let's dramatically increase the number of people egging each other on to vote, which has shown to get people to the polls. The first thing we're asking people to do is to get our friends to pledge and register to vote starting Tuesday, National Voter Registration Day (right before a bunch of state deadlines with time to send in your forms). Then we'll work together to mobilize millions of internet users to get to the polls. People can use our tools to see which of their friends are voting and registered, mobilize their audiences into voting blocks for their cause, site, or group, get important voting information, and make sure their friends go vote.

Promise to vote for the internet in 2012 (Thanks, Tiffiniy!)

LEAKED! TPP: the Son of ACTA will oblige America and other countries to throw out privacy, free speech and due process for easier copyright enforcement


The Trans-Pacific Partnership is the son of ACTA, a secretive copyright and trade treaty being negotiated by the Pacific Rim nations, including the USA and Canada. As with ACTA, the secretive negotiation process means that the treaty's provisions represent an extremist corporate agenda where due process, privacy and free expression are tossed out the window in favor of streamlined copyright enforcement. If this passes, America will have a trade obligation to implement all the worst stuff in SOPA, and then some. The Electronic Frontier Foundation's Carolina Rossini and Kurt Opsahl explain:

TPP article 16.3 mandates a system of ISP liability that goes beyond DMCA standards and U.S. case law. In sum, the TPP pushes a framework beyond ACTA[1] and possibly the spirit of the DMCA, since it opens the doors for:

* Three-strikes policies and laws that require Internet intermediaries to terminate their users’ Internet access on repeat allegations of copyright infringement

* Requirements for Internet intermediaries to filter all Internet communications for potentially copyright-infringing material

* ISP obligations to block access to websites that allegedly infringe or facilitate copyright infringement

* Efforts to force intermediaries to disclose the identities of their customers to IP rightsholders on an allegation of copyright infringement.

Incredibly, it gets worse:

If the copyright maximalists have their way, the TPP will include a “side-letter,” an agreement annexed to the TPP to bind the countries to strict procedures enabling copyright owners to insist material are removed from the Internet. This strict notice-and-takedown regime is not new—in 2004, Chile rejected the same proposal in its bi-lateral trade agreement with the United States. Without the shackles of the proposed requirements, Chile then implemented a much more balanced takedown procedure in its 2010 Copyright Law, which provides greater protection to Internet users’ expression and privacy than the U.S. Digital Millennium Copyright Act (DMCA)’s copyright safe harbor regime.

Instead of ensuring due process and judicial involvement in takedowns, the TPP proposal encourages the spread of models that have been proven inefficient and have chilling unintended consequences, such as the HADOPI Law in France or the DMCA.

TPP Creates Legal Incentives For ISPs To Police The Internet. What Is At Risk? Your Rights.

Slick anti-corruption video takes on US copyright system

This anonymously funded movie satirizing the corruption of the copyright system in the USA has been viewed more than 10,000,000 times. The creators, who maintain the website political-prostitution.com, explain that "the U.S. Government is making a major push to enforce its laws abroad with complete disregard for sovereignty of other nations in order to extradite so-called 'criminals' to the US where they will be tried for their 'crimes' in American court."

Ars Technica's Timothy Lee spoke to some of the creators:

On Wednesday, Ars talked to an individual behind the video. He said he and a friend paid for the video out of their own pockets. They are hoping to "raise awareness" of what they view as America's repressive copyright policies.

The video has three scenes. In the first, the "American Motion Picture Association" announces it has hired "Senator Chris Rodd" (clearly references to the MPAA and its chairman, former Sen. Chris Dodd (D-CT)) to represent Hollywood. In the second scene, police carry out a military-style raid on a London home. The final scene takes place in an "undisclosed location." The kid arrested in London is now in chains, wearing an orange jumpsuit and a hood over his head. The young soldier guarding the prisoner asks an older American in a suit what the suspect did, and looks incredulous when he's told that he's been arrested for copyright infringement.

Obviously, the video is over-the-top. Nothing exactly like the incident depicted has happened in real life. The US government doesn't subject copyright defendants to the same harsh treatment as suspected terrorists. But after the commando-style raid on Kim Dotcom's mansion in January, it may be close enough to the truth to make effective propaganda.

As Lee points out, this movie is as slick as a Hollywood film itself.

Anonymous donors bring Hollywood production values to anti-MPAA video

Former MPAA CTO who switched sides explains to the White House why SOPA is stupid

You may remember Paul Brigner, the geek who quit his job as CTO of the MPAA to work for its arch-rival net-freedom advocates at the Internet Society, who manage the .ORG top-level domain. He has just filed comments with the White House's IP Czar rubbishing the techniques proposed in SOPA, which contemplated censoring the Internet by tinkering with the domain-name service in the hopes of reducing copyright infringement. At the time that Brigner left the MPAA for ISOC, a lot of us were worried that he'd officially endorsed SOPA and argued in favor of it at Congress. Brigner and ISOC both assured us that he'd had a genuine change of heart, and these comments are the proof in the pudding. As Mike Masnick notes, Brigner was a pretty half-hearted, ineffective SOPA advocate, but he's a rip-snortin', ass-kicking critic of it.

We are also of the opinion that any enforcement attempts – at both national and international levels – should ensure and not jeopardize the stability, interoperability and efficiency of the Internet, its technologies and underlying platforms. The Internet – a network of networks – is based on an open and distributed architecture. This model should be preserved and should surpass any enforcement efforts. For the Internet Society preserving the original nature of the Internet is particularly significant, especially when enforcement is targeting domain names and the Domain Name System (DNS) in general. There are significant concerns from using the DNS as a channel for intellectual property enforcement and various contributions have been made on this issue by both the Internet Society and the technical community. It needs to be highlighted that from a security perspective, in particular, DNS filtering is incompatible with an important security technology called Domain Name Security Extensions or DNSSEC. In fact, there is great potential for DNSSEC to be weakened by proposals that seek to filter domain names. This means that DNS filtering proposals could ultimately reduce global Internet security, introduce new vulnerabilities, and put individual users at risk.

Our second recommendation relates to the legal tools that should be in place in any enforcement design. ISOC would like to stress the absolute need for any enforcement provisions to be prescribed according to the rule of law and due process. We believe that combating online infringement of intellectual property is a significant objective. However, it is equally important that this objective is achieved through lawful and legal paths and in accordance with the notion of constitutional proportionality. In this regard, enforcement provisions – both within and outside the context of intellectual property – should respect the fundamental human rights and civil liberties of individuals and, subsequently, those of Internet users. They should not seek to impose unbearable constitutional constraints and should not prohibit users from exercising their constitutional rights of free speech, freedom of association and freedom of expression.

As a general recommendation, we would like to emphasize our belief that all discussions pertaining to the Internet, including those relating to intellectual property - both at a national and international level - should follow open and transparent processes.

Former MPAA CTO Tells The White House Why SOPA Is The Wrong Approach For IP Enforcement

Vote against CISPA, SOPA and PIPA in 2012

A reader writes, "The Bill of Rights Defense Committee has a list of candidates who are running for Congress who strongly oppose indefinite detention of American citizens and SOPA/CISPA. The link also mentions current incumbents who are working to defend the Internet." Cory