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 5:31 PM, Dec 12, 2011 • By DANIEL HALPERJen Rubin makes the case today that the anti-piracy bills pending in the House, the Stop Online Piracy Act (SOPA), and Senate, the Protect Intellectual Property Act (PIPA), are likely unconstitutional. The bills essentially call for censorship of online speech in such a way, and with so little recourse for those accused of "infringing" on intellectual property rights, that the bills will likely not survive the scrutiny of the courts even if they do survive in Congress. But if Congress does pass these laws, it will be a testament to the enormous power and influence of two Democratic special interest groups—the Hollywood lobby, comprised of the Motion Picture Association of America and the Recording Industry Association of America, and the trial lawyers.
If you're wondering why lawyers and Hollywood folks would get behind legislation to censor the Internet, you only need to listen to former Senator Chris Dodd, now the head of the MPAA, who last week explained to Variety that the lobby is only asking for the same kind of power to censor the Internet as the government has in the People's Republic of China:
"When the Chinese told Google that they had to block sites or they couldn't do [business] in their country, they managed to figure out how to block sites."
Indeed, that is precisely the kind of abuse of power we are already seeing from the collaboration between Hollywood and the government on this issue. Last week a tech website reported on a website seizure by the Immigration and Customs Enforcement at the behest of the Recording Industry:
The US government has effectively admitted that it totally screwed up and falsely seized & censored a non-infringing domain of a popular blog, having falsely claimed that it was taking part in criminal copyright infringement. Then, after trying to hide behind a totally secretive court process with absolutely no due process whatsoever (in fact, not even serving papers on the lawyer for the site or providing timely notifications -- or providing any documents at all), for over a year, the government has finally realized it couldn't hide any more and has given up, and returned the domain name to its original owner. If you ever wanted to understand why ICE's domain seizures violate the law -- and why SOPA and PROTECT IP are almost certainly unconstitutional -- look no further than what happened in this case.
Even in China they are calling it the “Great Firewall of America.” At least the Chinese are enjoying the irony of the U.S. government moving toward a legal regime that would give it carte blanche to seize and take down websites on the basis of "infringement." Tech Dirt, the site that reported on the above domain seizure, quotes one Chinese blogger on Sina Weibo subversively commenting on the progress of SOPA and PIPA in Congress:
It looks like that we can finally export our technology and value to the Americans. We’re strong, advanced, and absolutely right!
How online video is reshaping the political landscape. 12:30 PM, Oct 18, 2011 • By OWEN BRENNANUnless you were unconscious last week – or perhaps a Yankees, Phillies or Red Sox fan in October isolation – you’ve likely seen the extraordinary online video of a horned beast attacking a mountain biker in South Africa. It’s captivating because of the random violence and the fact that the biker only suffered a concussion.
Read more... Will the leatherbound volume go the way of the eight-track tape?Sep 19, 2011, Vol. 17, No. 01 • By PHILIP TERZIAN
One of the features of a life in journalism is the casual assumption, expressed by nonjournalists at cocktail parties, that journalists “know” things: have the inside dope, heard the real version, predict the future. I have always defended myself by saying that, apart from being acquainted with public officials and the occasional celebrity, journalists know little more than the average reader. And as for predictions, your guess is as good as mine.
Read more... What's at stake.5:23 PM, Jun 13, 2011 • By EMILY SCHULTHEISIf you are growing tired of hearing all the gruesome details of politicians’ personal lives, you are not alone. But you may also find yourself troubled about what these stories say about the state of our culture.
Read more... Well, not exactly -- but he is involved with Twitter.4:46 PM, Feb 23, 2011 • By KELLY JANE TORRANCEJerry Brito, director of the technology policy program at the Mercatus Center, notes that the unrest in Libya could have an effect on the rest of the world, too -- at least that part of it that participates in social networking. Writing at time.com, Brito notes that Twitter's default URL shortening service -- often necessary to remain within the site's 140-character limit -- is bit.ly.
Read more... And giving cover to tyrants.2:50 PM, Feb 15, 2011 • By DANIEL HALPER
This week the Senate Judiciary Committee will hold hearings on COICA (the Combating Online Infringements and Counterfeit Act). It sounds like harmless enough legislation, or at least it did to members of the committee who voted for it unanimously, 19-0, during the lame duck session last year. But it's worse than it sounds.
Read more... The Internet isn’t necessarily freedom’s friend.
Feb 21, 2011, Vol. 16, No. 22 • By LUKE ALLNUTT
The Net Delusion
The Dark Side of Internet Freedom
Read more... 5:13 PM, Oct 26, 2010 • By KELLEY CURRIE
In the Washington Post yesterday, Jackson Diehl had a column on the failure of the State Department to provide funding to something called the Global Internet Freedom Consortium, a collection of providers of gizmos that can circumvent firewalls constructed on the Internet by repressive regimes.
Read more... Cyber warfare is already upon us.8:45 AM, Jun 18, 2010 • By GABRIEL SCHOENFELD
“Nuclear deterrence during the Cold War contemplated an automated response to attack by the Soviet Union, and similar automated responses to cyber attack are now being debated. Computer network attacks happen at the speed of light, so future threats require an equally rapid and perhaps automatic response,” writes Mark D. Young in the Journal of National Security Law and Policy.
Read more... What hides behind the "Great Firewall" of China?7:30 AM, Jun 18, 2010 • By KELLEY CURRIE
Last week, the Chinese government issued a new propaganda piece in the form of a policy paper on its Internet control policies. It serves as a typical example of Beijing's Orwellian use of language and formalism to dress up its authoritarianism as legal and rational.
Read more... Welcome to the Lifestream.9:00 AM, Mar 9, 2010 • By MATTHEW CONTINETTIDon't miss contributing editor David Gelernter's thoughts on the future of the Internet. A lot is going on in his 35-paragraph essay, but I was struck by this observation in particular:
Nowness is one of the most important cultural phenomena of the modern age: the western world's attention shifted gradually from the deep but narrow domain of one family or village and its history to the (broader but shallower) domains of the larger community, the nation, the world. The cult of celebrity, the importance of opinion polls, the decline in the teaching and learning of history, the uniformity of opinions and attitudes in academia and other educated elites — they are all part of one phenomenon. Nowness ignores all other moments but this. In the ultimate Internet culture, flooded in nowness like a piazza flooded in sea water, drenched in a tropical downpour of nowness, everyone talks alike, dresses alike, thinks alike.
This is exactly how I felt during the hour or so I spent watching the Oscars on Sunday. Hollywood seemed so small. Not geographically or financially. But in terms of cultural hegemony. The only real "star" on the scene -- in the sense that Cary Grant or Bette Davis were "stars" -- was Meryl Streep. And she lost. Of the nominees for Best Picture, Avatar was the only cultural experience in which the entire world participated. It lost, too.
Read more...
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Ethan Epstien, in a New York System state of mind
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Reflections from the thinking man’s knuckleballer.
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A film without pretension about warriors as heroes.
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With American evangelicals on the ground in South Sudan.
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Romney’s challenge is to address the deep uneasiness in America and point the way to a comeback.
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The American and his/her car.
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