April 18, 2014

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Revisiting the potential hazards of the ‘Protect America’ act

In light of recent news reports about NSA wiretapping of U.S. Internet communications, folks may be interested in some background on the ‘warrantless wiretapping’ provisions of the Protect America act, and the potential security risks such wiretapping systems can introduce. Here’s a 2007 article a group of us wrote entitled “Risking Communications Security: Potential Hazards of the ‘Protect America’ Act”. http://www.cs.princeton.edu/~jrex/papers/PAA.pdf

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A Response to Jerry: Craig Should Still Dismiss

[Cross-posted on my blog, Managing Miracles]

Jerry Brito, a sometimes contributor to this blog, has a new post on the Reason blog arguing that I and others have been too harsh on Craigslist for their recent lawsuit. As I wrote in my earlier post, Craigslist should give up the lawsuit not just because it’s unlikely to prevail, but also because it risks setting bad precedents and is downright distasteful. Jerry argues that what the startups that scrape Craigslist data are doing doesn’t “sit well,” and that there are a several reasons to temper criticism of Craigslist.

I remain unconvinced.

To begin with, the notion that something doesn’t “sit well” is not necessarily a good indicator that one can or should prevail in legal action. To be sure, tort law (and common law more generally) develops in part out of our collective notion of what does or doesn’t seem right. Jerry concedes that the copyright claims are bogus, and that the CFAA claims are ill-advised, so we’re left with doctrines like misappropriation and trespass to chattels. I’ll get to those in a moment.
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Are There Countries Whose Situations Worsened with the Arrival of the Internet?

Are there countries whose situations worsened with the arrival of the internet?  I’ve been arguing that there are lots of examples of countries where technology diffusion has helped democratic institutions deepen.  And there are several examples of countries where technology diffusion has been part of the story of rapid democratic transition.  But there are no good examples of countries where technology diffusion has been high, and the dictators got nastier as a result.

Over twitter, Eric Schmidt, Google CEO, recently opined the same thing.  Evgeny Morozov, professional naysayer, asked for a graph.

So here is a graph and a list.  I used PolityIV’s democratization scores from 2002 and 2011.  I used the World Bank/ITU data on internet users.  I merged the data and made a basic graph.  On the vertical axis is the change in percent of a country’s population online over the last decade.  The horizontal axis reflects any change in the democratization score–any slide towards authoritarianism is represented by a negative number.  For Morozov to be right, the top left corner of this graph needs to have some cases in it.

Change in Percentage Internet Users and Democracy Scores, By Country, 2002-2011

noexamples

Look at the raw data.

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Congressman Issa’s “Internet Law Freeze”: Appealing but Impractical

This week, Congressman Darrell Issa released a draft bill that would prevent Congress and administrative agencies from creating any new internet-related laws, rules, or regulations. The Internet American Moratorium Act (IAMA) is a rhetorical stake in the ground for the notion that the government should “keep its hands off the internet.” In the wake of successful blockage of SOPA/PIPA legislation–which would have interfered with basic internet functionality in the name of combating content piracy–there is renewed energy in DC to stop ill-advised internet-related laws and rules. Issa has been quoted as saying that the government needs a, “cooling-off period to figure out a better way to create policy that impacts Internet users.” The relevant portion of the bill reads:

It is resolved in the House of Representatives and Senate that they shall not pass any new legislation for a period of 2 years from the date of enactment of this Act that would require individuals or corporations engaged in activities on the Internet to meet additional requirements or activities. After 90 days of passage of this Act no Department or Agency of the United States shall publish new rules or regulations, or finalize or otherwise enforce or give lawful effect to draft rules or regulations affecting the Internet until a period of at least 2 years from the enactment of this legislation has elapsed.

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Don't Regulate the Internet. No, Wait. Regulate the Internet.

When Congress considered net neutrality legislation in the form of the Internet Freedom Preservation Act of 2008 (H.R. 5353), representatives of corporate copyright owners weighed in to oppose government regulation of the Internet. They feared that such regulation might inhibit their private efforts to convince ISPs to help them enforce copyrights online through various forms of broadband traffic management (e.g., filtering and bandwidth shaping). “Our view,” the RIAA’s Mitch Bainwol testified at a Congressional hearing, “is that the marketplace is generally a better mechanism than regulation for addressing such complex issues as how to address online piracy, and we believe the marketplace should be given the chance to succeed.” And the marketplace presumably did succeed, at least from the RIAA’s point of view, when ISPs and corporate rights owners entered into a Memorandum of Understanding last summer to implement a standardized, six-strikes graduated response protocol for curbing domestic illegal P2P file sharing. Chalk one up for the market.

What, then, should we make of the RIAA’s full-throated support for the Senate’s pending PROTECT IP Act (S. 968) and its companion bill in the House, SOPA (H.R. 3261)? PROTECT IP and SOPA are bills that would regulate the technical workings of the Internet by requiring operators of domain name servers to block user access to “rogue websites”—defined in PROTECT IP as sites “dedicated to infringing activities”—by preventing the domain names for those sites from resolving to their corresponding IP addresses. In a recent RIAA press release on PROTECT IP, the RIAA’s Bainwol praised the draft legislation, asserting the need for—you guessed it—new government regulation of the Internet: “[C]urrent laws have not kept pace with criminal enterprises that set up rogue websites overseas to escape accountability.” So much, I guess, for giving the marketplace the chance to succeed.

As the Social Science Research Council’s groundbreaking 2011 report on global piracy concluded, the marketplace could succeed in addressing the problem of piracy beyond U.S. borders if corporate copyright owners were willing to address global disparities in the accessibility of legal digital goods. As the authors explain, “[t]he flood of legal media goods available in high-income countries over the past two decades has been a trickle in most parts of the world.” Looking at the statistics on piracy in the developing world from the consumption side rather than the production side, the SSRC authors assert that what developing markets want and need are “price and service innovations” that have already been rolled out in the developed world. Who is in a better position to deliver such innovations, through the global marketplace, than the owners of copyrights in digital entertainment and information goods? Why not give the marketplace another chance to succeed, particularly when the alternative presented is a radical policy intrusion into the fundamental operation of the Internet?

The RIAA’s political strategy in the war on piracy has been alternately to oppose and support government regulation of the Internet, depending on what’s expedient. I wonder if rights owners and the trade groups that represent them experience any sense of cognitive dissonance when they advocate against something at one moment and for it a little while later—to the same audience, on the same issue.