Category Archives: Legislation

May 8 2012

Netherlands Following In Footsteps Of Chile. Now Second Country In The World To Have Implemented Net Neutrality Legislation

Will Brussels follow suit? Or will economic interests prevail?

Providers (cable operators included) will no longer be allowed to charge more or separately for (for example) VOIP services such as Skype and services such as WhatsApp (or block or throttle them for that matter).

The new law also contains restrictions related to the use of cookies and other tracking technologies which aim to collect information about internet users.

There’s one peculiar exception coming up after several religious political parties complained about this law: the law will be amended to allow for “filtering on the basis of ideology” but only when specific conditions apply. It is as of yet unclear what exactly this will mean in practice.

The law leaves room for measures taken as a result of court orders and jurisprudence. One such example is blocking or filtering of websites.

Dutch language news articles:

http://www.nu.nl/internet/2806228/eerste-kamer-stemt-netneutraliteit.html

http://www.volkskrant.nl/vk/nl/2694/Internet-Media/article/detail/3252571/2012/05/08/Eerste-Kamer-neemt-Telecomwet-aan-netneutraliteit-gewaarborgd.dhtml

May 8 2012

Government asks: when can we shut down wireless service?

What’s striking about most of this discussion is that it takes place absent any mention of the free speech implications of giving government agencies more power to shut down wireless service in situations that they deem an “emergency.” A slew of advocacy groups want the FCC to nip that kind of power in the bud.

“The Commission’s authority to prevent wireless service interruptions is clear, and we ask that the Commission take this opportunity to issue clear rules confirming that the federal government will not, and that state and local governments cannot, interrupt wireless services as a matter of policy in an emergency, nor can the carriers themselves or any private party,” they write.

Signed—Public Knowledge, the Center for Democracy & Technology, the Electronic Frontier Foundation, the Benton Foundation, Free Press, Minority Media and Telecommunications Council, the National Hispanic Media Coalition, and the New America Foundation’s Open Technology Institute.

“Practically every time someone uses a cell phone, he or she is engaging in First Amendment-protected speech,” they argue.

Much more:
http://arstechnica.com/tech-policy/news/2012/05/government-asks-when-can-we-shut-down-wireless-service.ars

May 5 2012

Backed by Russia, China and a handful of other powerful countries, a series of proposals now gathering momentum in the U.N. seeks to dramatically increase the International Telecommunication Union’s authority over the Internet

Top-down, international regulation is antithetical to the Net, which has flourished under its current non-governance model

A mounting effort to transform a United Nations agency into a global Internet regulator is threatening to undo decades of policymaking (???) that helped the Internet evolve (???) into the open (???), global medium we all depend on.

Backed by Russia, China and a handful of other powerful countries, a series of proposals now gathering momentum in the U.N. seeks to dramatically increase the International Telecommunication Union’s authority over the Internet. This U.N.-sponsored group, which was formed in the 19th century as the International Telegraph Union, has authority over key transnational aspects of the radio spectrum and wire-line telephony.

More:

http://www.politico.com/news/stories/0512/75881.html

May 4 2012

EU Commissioner Kroes: “We are now likely to be in a world without SOPA and without ACTA”

Now we need to find solutions to make the Internet a place of freedom, openness, and innovation fit for all citizens, not just for the techno avant-garde.

What can freedom online give us?

For one thing, a huge economic boost. An open Internet can power innovation, surge productivity. And can put innovation tools into the hands of ordinary, enterprising people.

That’s why I’m convinced web entrepreneurs are the key to our future growth. And I want to make sure they have the tools to innovate.

Of course, changing for the digital age doesn’t mean always giving material away free of charge. But it does mean we need to be open to new approaches: new ways to distribute, new ways to be rewarded for work, and new ways for people to access great online content easily.+
Sometimes people are prevented from making this change by out-of-date rules and practices — like those on copyright licensing. Other times it’s just that they need a change of mindset – that they are too comfortable with old habits to realise the world has changed.

(…), we must acknowledge that we can never totally eliminate risks for children: we can just reduce them.

Sadly, children will always face risks online: just as they will always face risks, like traffic, in the real world.

Rather we need simple tools, that educate and empower children, and enable them to deal with those risks. Just as we do in the “offline” world.

I am pleased that the leading Internet companies have joined a coalition to make the Internet a Better Place for Children. They are working together to develop solutions, before the end of the year, to empower parents and children.

Much more:
http://commentneelie.eu/speech.php?sp=SPEECH/12/326

May 4 2012

UK PM David Cameron to Push for Mandatory ISP Adult Internet Content Filters

ISPreview coming up with same old same old: not a 100% perfect solution, easy to circumvent, mission creep, risk of blocking legitimate material…everything that applies to anti-spam, anti-malware, anti-dDoS and automated “Quality of Service” solutions already put in place by ISPs to save costs and protect their networks by blocking and filtering relevant “problems” and threats

The UK governments Prime Minster (PM), David Cameron, looks set to put his full support behind the controversial Parliamentary Inquiry into Online Child Protection today by calling for broadband ISPs to impose automatic blocks on pornographic internet content and websites.

According to The Times, Cameron will confirm that the current law needs to be re-examined. Ministers are then expected to launch a new consultation on whether ISPs should be required to introduce an enabled-by-default (i.e. you would have to opt yourself out later) style of content filtering system for “all internet accounts” in the country; as was originally suggested by the inquiry.

The move, which we’re sure has nothing whatsoever to do with today’s dire local election results (that’s sarcasm), is expected to form part of a re-launch for the government but one that isn’t likely to go down too well with ISPs, or many ordinary internet users for that matter.

The criticism of ISPreview surely has nothing whatsoever to do with ISPs fearing the loss of revenue as they know too well that – even surpassing the popularity of downloading pirated non-adult content - their subscribers use high speed internet connections predominantly to watch porn (that’s sarcasm)

More:

http://www.ispreview.co.uk/index.php/2012/05/uk-pm-david-cameron-to-push-for-mandatory-isp-adult-internet-content-filters.html

Apr 28 2012

Dutch court bans pot for foreigners

The country known for “coffee shops” where joints and cappuccinos share spots on the menu may see its famed tolerance for drugs go up in smoke. A Dutch judge upheld a government plan to ban foreign tourists from buying marijuana.

If the government gets its way, the pass will roll out in the rest of the country, including Amsterdam, next year. It will turn coffee shops into private clubs with membership open only to Dutch residents and limited to 2,000 per shop.

http://rt.com/news/netherlands-marijuana-drug-ban-182/

http://new-rules.eu/

Apr 28 2012

Microsoft backs away from CISPA support, citing privacy

Microsoft is no longer as enthusiastic about a controversial cybersecurity bill that would allow Internet and telecommunications companies to divulge confidential customer information to the National Security Agency.

The U.S. House of Representatives approved CISPA by a 248 to 168 margin yesterday in spite of a presidential veto threat and warnings from some House members that the measure represented “Big Brother writ large.”

http://news.cnet.com/8301-33062_3-57423580/microsoft-backs-away-from-cispa-support-citing-privacy/

Apr 22 2012

French presidential candidate François Hollande: “[Hadopi] has shown its ineffectiveness and its injustice”

“Further, I don’t consider piracy to be a minor problem: that’s why I’m proposing to replace Hadopi by voting on a law based on Act 2 of the Cultural Exception which will guarantee financing of French cinema and protection of authors’ rights. I want to break with destructive simplism that has not solved anything and which has uselessly contributed to separating artists from their audience. There is no simple solution, but a new model to be invented.”

Much more:
http://arstechnica.com/tech-policy/news/2012/04/french-presidential-candidate-against-three-strikes-law-kinda-sorta.ars

Apr 19 2012

A controversial bill that will give the United States access to personal information about airline passengers has been approved by the European Parliament

The deal, which was held up for two years over privacy concerns, was agreed by MEPs in a vote of 409 to 226 on Thursday. It sets out the legal parameters governing the transfer of passengers’ personal data to the US Department of Homeland Security.

Passenger Name Record (PNR) data is provided by travellers and collected by airline staff during reservation and check-in procedures.

The deal covers issues such as storage periods, purpose of the data use, data protection safeguards, administrative and judicial redress.

It also includes information such as names, addresses, credit card and phone numbers, travel agency data, baggage information (such as the number of bags), seat number as well as “sensitive” data such as ethnic origin, a religious meal choice or request for special assistance due to a medical condition.

The agreement applies to airlines that operate flights between EU countries and the US.

http://rt.com/news/eu-us-data-deal-491/

Apr 19 2012

Tim Berners-Lee: We mustn’t allow record companies’ fear that their business model isn’t working to upset the openness of the internet

But in relation to spam, phishing, ID-theft, botnets, malware, spyware, dDoS, fake reviews, manipulated search results, manipulation of clicks, manipulation of advertising and other types of (cyber)crime Google, Apple, Facebook, banks and governments can do whatever they want because their business models are not outdated…

“Record labels have a very strong voice when it comes to arguing for their particular business model, which is in fact out of date,” he said. “The result is that laws have been created which make out as if the only problem on the internet is teenagers stealing music. The world is bigger than that. The internet is bigger than the music industry. The economic impact of the internet is bigger than the music industry.”

http://arstechnica.com/tech-policy/news/2012/04/berners-lee-dont-let-record-labels-upset-web-openness.ars

Previously:

Google fighting a war against a huge number of bad actors—from websites selling counterfeit goods and fraudulent tickets to underground international operations trying to spread malware and spyware
http://vrritti.com/2012/03/16/google-fighting-a-war-against-a-huge-number-of-bad-actors-from-websites-selling-counterfeit-goods-and-fraudulent-tickets-to-underground-international-operations-trying-to-spread-malware-and-sp/

Google-backed study designed to seek out organized groups of comment fraudsters, and automate the process of identifying and shutting them down
http://vrritti.com/2012/04/17/google-backed-study-designed-to-seek-out-organized-groups-of-comment-fraudsters-and-automate-the-process-of-identifying-and-shutting-them-down/

Microsoft: Our filtering systems can block all URLs from a given domain if we observe a sufficient number of abusive URLs from that domain
http://vrritti.com/2012/03/28/microsoft-our-filtering-systems-can-block-all-urls-from-a-given-domain-if-we-observe-a-sufficient-number-of-abusive-urls-from-that-domain/

Massive Use Of Deep Packet Inspection By European Telcom Operators. They’re Blocking, Throttling And Capping All Day Long
http://vrritti.com/2012/03/13/massive-use-of-deep-packet-inspection-by-european-telcom-operators-theyre-blocking-throttling-and-capping-all-day-long/

Facebook has started throwing a CAPTCHA prompt for all Google Blogger blog links. Any Thoughts EFF?
http://vrritti.com/2012/03/12/facebook-has-started-throwing-a-captcha-prompt-for-all-google-blogger-blog-links-any-thoughts-eff/

Facebook has blocked “thousands” of accounts in India for using the word “chutia.” Any Thoughts EFF?
http://vrritti.com/2012/03/12/facebook-has-blocked-thousands-of-accounts-in-india-for-using-the-word-chutia-any-thoughts-eff/

Apple, apparently, won’t carry an ebook that contains a link to buy a hardcover book from Amazon
http://vrritti.com/2012/03/02/apple-apparently-wont-carry-an-ebook-that-contains-a-link-to-buy-a-hardcover-book-from-amazon/

Apple reportedly putting DMCA squeeze on App Store pirates
http://vrritti.com/2012/01/04/apple-reportedly-putting-dmca-squeeze-on-app-store-pirates/

Apr 18 2012

The White House issued a statement late Tuesday criticizing a House cybersecurity bill after top administration officials briefed lawmakers on the threat of cyber attacks

In a statement, National Security Council spokeswoman Caitlin Hayden said any cybersecurity legislation should include strong privacy protections and should set mandatory security standards for critical infrastructure systems, such as electrical grids and water supplies.

“The nation’s critical infrastructure cyber vulnerabilities will not be addressed by information sharing alone,” Hayden said.

“Also, while information sharing legislation is an essential component of comprehensive legislation to address critical infrastructure risks, information sharing provisions must include robust safeguards to preserve the privacy and civil liberties of our citizens. Legislation without new authorities to address our nation’s critical infrastructure vulnerabilities, or legislation that would sacrifice the privacy of our citizens in the name of security, will not meet our nation’s urgent needs,” she said, without explicitly mentioning CISPA.

http://thehill.com/blogs/hillicon-valley/technology/222143-white-house-criticizes-cybersecurity-bill-cispa

Apr 18 2012

Kiwi ISP Issues First Music Piracy ’3rd Strike’, Movie Biz Can’t Be Bothered

Following the introduction of new legislation last September which would see alleged Kiwi file-sharers monitored, warned, and eventually punished for their infringements, the first so-called ’3rd strike’ has been issued. The ‘enforcement’ notice was delivered on behalf of the music industry but even after more than 6 months, their movie industry counterparts are yet to send even one initial warning. The MPAA-affiliated New Zealand Federation Against Copyright Theft (NZFACT) has sent a grand total of *zero* notices since the new law allowed it do so.

Much more:
http://torrentfreak.com/kiwi-isp-issues-first-music-piracy-3rd-strike-movie-biz-cant-be-bothered-120418/

Apr 15 2012

Activists plan week of protests against new House cybersecurity legislation

In an attempt to re-create the backlash that killed anti-piracy legislation earlier this year, activists are planning a “week of action” beginning on Monday to protest the Cyber Intelligence Sharing and Protection Act (CISPA).

Many of the groups leading the protest are veterans of the fight against the Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA), including the Electronic Frontier Foundation, the Center for Democracy and Technology, Free Press, Fight for the Future and the American Civil Liberties Union (ACLU).

http://thehill.com/blogs/hillicon-valley/technology/221507-activists-plan-week-of-protests-against-new-house-cybersecurity-legislation

Apr 14 2012

Protalinski: I think Facebook should only back CISPA when the bill is in a state worthy of getting support in the first place

Facebook says the company is working with lawmakers to fix some of CISPA’s flaws. Facebook also admitted CISPA has some questionable sections, but said it will not abuse them. Instead, Menlo Park wants these parts changed.

We recognize that a number of privacy and civil liberties groups have raised concerns about the bill – in particular about provisions that enable private companies to voluntarily share cyber threat data with the government. The concern is that companies will share sensitive personal information with the government in the name of protecting cybersecurity. Facebook has no intention of doing this and it is unrelated to the things we liked about HR 3523 in the first place — the additional information it would provide us about specific cyber threats to our systems and users.

The overriding goal of any cybersecurity bill should be to protect the security of networks and private data, and we take any concerns about how legislation might negatively impact Internet users’ privacy seriously. As a result, we’ve been engaging directly with key lawmakers as well as industry and consumer groups about potential changes to the bill to help address privacy concerns.

The bill’s sponsors, House Intelligence Committee Chairman Mike Rogers and Ranking Member Dutch Ruppersberger, have stated publicly that they are working with privacy and civil liberties groups to address legitimate questions and concerns about how information might be shared with the government under the bill. They’ve made clear that the door is still open to change the bill before it comes to the House floor for consideration.

More:

http://www.zdnet.com/blog/facebook/facebook-says-it-has-8216no-intention-to-abuse-cispa/11756

Apr 13 2012

The Jumpstart Our Business Startups Act (JOBS) signed into law by President Obama

Supporters of the Jumpstart Act, including Steve Case, who served on Obama’s jobs committee, say that the removal of the disclosure obligations and auditing requirements will help stimulate ‘crowd-funding’.

What crowd-funding really does is take the “find a bigger idiot” principle and add internet-scale economics to it. You no longer needed to know just a few, big idiots – as long as you can find a larger number of smaller idiots, you could make it up with volume.

What could possibly go wrong?

“This is like formally eliminating steroid testing for the first five years of a baseball player’s career,” says Matt Tiabbi, the writer who gave us the memorable image of Goldman Sachs as a “giant vampire squid wrapped around the face of humanity”. Taibbi discusses JOBS Act here.

“Get ready for an avalanche of shareholder suits 10 years from now, since post-factum civil litigation will be the only real regulation of the startup market,” he reckons.

How quickly the lessons of the first dot.com bubble have been forgotten.

More:
http://www.theregister.co.uk/2012/04/11/obama_signs_jobs_act/

Apr 12 2012

After denouncing SOPA and PIPA, how can Facebook support CISPA?

I asked Facebook for a statement regarding its support, but the company declined to comment on this article. Instead, a spokesperson pointed me to Facebook’s letter about the bill. Emil Protalinski: “I doubt the company will change its stance, even if there is a huge uproar against the bill like there was for SOPA and PIPA“

http://www.zdnet.com/blog/facebook/after-denouncing-sopa-and-pipa-how-can-facebook-support-cispa/11700