Throughout the Global North there are discussions on the table for introducing what are called ‘three-strikes’ rules that are designed to cut or, or hinder, people’s access to the Internet should they be caught infringing on copyright. In the EU, the big content cartel is trying to get ISPs to inspect consumer data flows and, when copywritten content is identified, ‘punish’ the individual in some fashion. Fortunately, it is looking that at least the EU Parliament is against imposing such rules on the basis that disconnecting individuals from the Internet would infringe on EU citizens’ basic rights. In an era where we are increasingly digitizing our records and basic communications infrastructure, it’s delightful to see a body in a major world power recognize the incredibly detrimental and over-reactionary behavior that the copyright cartel is calling for. Copyright infringement does not trump basic civil liberties.
Now, I expect that many readers would say something along this line: I don’t live in the EU, and the EU Parliament has incredibly limited powers. Who cares, this: (a) doesn’t affect me; (b) is unlikely to have a real impact on EU policy. Read more…
When you read Lessig, he keeps pointing to Girl Talk. That’s because Girl Talk is awesome, and is one of the most prominent mashup artists. Let’s say that you’re not into the particular sounds GT is producing (which isn’t unreasonable) – if that’s the case, and that’s why you think mashup ’sucks’, hit the video below to see what harsh music copyright laws will outlaw. The creativity is manifest in the video is clearly original, possessing focus, and is simply awesome.
Copyright is becoming an ever-increasingly important part of contemporary lexicon; in Canada, it’s so important that we now have a ‘citizen’s guide‘ to help ‘regular folk’ with their copyright-related concerns. While most eyes are presently focused on the Pirate Bay trial (Ernesto has been blogging about it regularly since the trial started, Jesse Brown’s recent podcast addresses it, etc.), a major ’success’ in the war on copyright has actually been ‘won’ by Big Media. Ireland’s Eircom has announced that they will be blocking access to peer-to-peer websites in an effort to limit their users’ access to spaces holding copywritten content. This effort to block access is in addition to Eircom’s agreement that they will cut off users who are found infringing on copyright multiple times (a three-strikes rule).
This development substantially ratchets up the question, “What is role(s) do telecommunications companies play in today’s virtualized world, and global digital economy?” Self-imposed private corporations’ policies now threaten to substantially normalize ‘permissible’ modes of both accessing data and determining what accesses are ‘legitimate’ and which are not. Read more…
Iain Thomson notes that the stimulus bill that recently cleared the American Congress might work to legitimize ISP packet inspection practices under the guise of ‘network management’. Specifically, the amendment in question reads:
In establishing obligations under paragraph (8), the assistant secretary shall allow for reasonable network management practices such as deterring unlawful activity, including child pornography and copyright infringement.
While Thomson takes this to (potentially) mean that ISPs and major content producers/rights holders might use this language to justify the use of packet inspection technologies, it’s possible that alternate management methods could be envisioned. This said, given that copyright infringement is explicitly noted, there is a very real worry that this might legitimize this clause to push for ISP ‘policing’. Any such effect, I suspect, would further escalate the war between P2P and Media; encryption would become more common and effective, and result in a greater sophistication in avoiding inspection devices. This is a real loss for any and all groups who rely on non-encrypted traffic for intelligence purposes; any drive that will get ‘common folk’ thinking about encrypting more and more of their traffic, accompanied with relatively easy ways of doing so, will substantially hinder the capture of actual content. How you read the implications of this depends on your perspective on privacy and surveillance, but it seems to me that it threatens to further escalate a ‘war’ that criminalizes huge swathes of the population for actions that are relatively harmless.