interweb freedom

(formerly Stop Usage Based Billing)

Posts Tagged ‘digicon’

2010 is the new 1984

Posted by Laurel L. Russwurm on May 27, 2010

No Usage Based Billing2010 is the year the UK passed the Digital Economy Act. (formerly #DEBill now #deACT on Twitter) It’s also the year that Canada may get a Canadian DMCA and I suspect it is also supposed to be the year that the fast tracked A.C.T.A. is supposed to be put in place.

I know I should be talking about Usage Based Billing right now, since its been approved and all, but there is just so much happening all at once. I am working up several (long) articles right now. My novel is all but ignored. But I felt I had to respond to another comment on Cory Doctorow’s boingboing article today Canada’s sellout Heritage Minister ready to hand copyright to Hollywood to explain why it is so important to fight against all of this now. It seemed like a good idea to expand that a bit and post it here too.

Canadian DMCA graphic by laurelrusswurm

Standing back and letting those powerful corporations dictate what Canadian law should be isn’t just about our sovereignty, and it isn’t just about turning our young into criminals. It’s about freedom. Not as in beer, but as in liberty.

We may be living in a world where corporations have more of a say in our supposed democracies than citizens have. But that isn’t good enough.

And it doesn’t mean we shouldn’t fight a Canadian DMCA or A.C.T.A.

We can’t afford not to fight them. Not just because its wrong, but because it won’t stop there.

Scale of justice gold by Erasoft 24, a public domain image from Wikipedia

Just because the DMCA it isn’t prosecuted all the time doesn’t mean it can’t be. Once a law is on the books, the authorities can use it all the time.

Or some of the time. Or none.

They might only haul it out when they need it to silence dissidents.

Even if they don’t bother to make use of a law, once it’s made, it has full force whenever they want or need it. Once enacted it can always be used.

No Smoking Sign

If you have a restaurant smoking ban in a city, it doesn’t work well, because smokers (and their friends and families) will just go to restaurants outside city limits. It can be economically damaging for the city restaurants. Smokers lighting up in city restaurants won’t get stopped by management because management can’t afford to lose more business. So it’s usually only when a bylaw officer is at the next table that it gets rigorously enforced.

On the other hand, if you put the ban on the whole province, it will work much better. Smokers won’t have a choice, and restaurants aren’t going to have to worry about losing business. and for the most part, you’ll find smokers standing outside smoking even during blizzards. Because unless you live on a border, there won’t be a feasible alternative. Because unless you live on a border, there won’t be a feasible alternative.

In much the same way, if you pass the DMCA, it won’t work well because of all those other jurisdictions that don’t have laws like it.

So you lobby other governments to get them to do what you’ve done. You begin negotiations for a secret treaty called A.C.T.A., where you try and convince friendly governments that they should do what you want.

And in the meantime, you convince the UK to pass a Digital Economy Bill, and Canada to draft a Canadian DMCA.

The world wearing mickey mouse ears

Because the more countries who already have passed laws that pave the way for A.C.T.A., the more chance there is that A.C.T.A. passes. I mean, what’s the big deal? A.C.T.A. is only a few countries. Look at India… they just passed some great laws.

But the point is that if A.C.T.A. passes, the solidarity of the A.C.T.A. signatories can be used to intimidate the non-A.C.T.A. signatories to do what you want too. A.C.T.A. is doing it this way on purpose. It will be much easier to get their friends to sign on than try and get the whole world to agree.

Once the whole world has DMCA laws, there will be no safety for people who are doing what my generation was allowed to do legally. Funny, isn’t it, that cassette recorders and later video cassette recorders were made by companies like Sony… a corporation that wants to stop us and especially our children from making recordings today.

boombox graphic by Linda Kim, Public Domain clip art

Why on earth would anyone have purchased cassette recorders if it wasn’t to copy our favorite songs from records to make dance tapes for parties?

Because most people are law abiding, they will follow the new laws, even if they don’t agree with them.

Eventually the new laws will be accepted. Even though countries like India may have passed the non-DMCA copyright law any sovereign nation should be able to make, which conforms to the WIPO treaties India has signed India was placed on the USTR watch list, as was Canada. This is another way the United states seeks to bully sovereign nations into bending to their will. If Canada makes a DMCA copyright law and signs A.C.T.A. we will be able to help our American cousins bully India into following A.C.T.A. although clearly India has not chosen to. But surely India can be economically coerced into changing their laws to match ACTA. After all, how many call centers (like Bell Canada’s, for instance) are located in India? People have to eat.

Once the new DMCA/A.C.T.A, laws are everywhere it will be much more difficult to undo them.

Worse, the corporations behind them will be even more powerful.

If they haven’t already snuck in laws in allowing government spyware– not just on the Internet but on our computers too– as was attempted in Canada last year, it will be much easier now. Now that the law is universal, it is a vindication of the idea that piracy–even personal use piracy– is bad. And once piracy is no longer legally defensible anywhere in the world, law enforcement will need teeth to do the job of wiping out the insidious crime of piracy.

A nice little law outlawing private encryption would really be handy.

Original art from the public domain Oscar Wilde's “The Nightingale and the Rose” digitized by Project Gutenberg

Certainly large corporate entities with important sensitive data will still require encryption. They could be allowed to proceed with government oversight, perhaps licensing. The bank would have to allow government inspections of the data they encrypt, just to make sure that there is no piracy being hidden behind the encryption. There would need to be a whole new arm of law enforcement to manage it. And think of the income the government could generate by licensing encryption.

This is all to wipe out piracy, right? To get that underway, we’ll have to make some examples. Going after commercial pirates isn’t enough. It’s those bloody kids pirating movies in their parents basements that are the problem. Some of them are copying movies from DVDs they’ve purchased and upload them to p2p networks so other kids can watch them for free. What a dastardly crime. A few of those badly behaved kids need to be arrested to make the point. Put a good scare in them. Make an example of them. Throw some really big show trials and put a few of these depraved pirate children in jail. That’ll teach ’em not to share!

But of course even jailing non-commercial pirates won’t actually do the trick. In fact, it will probably encourage an entire pirate underground.

The next step in the war to wipe out those pesky pirates would be making p2p networks illegal. A final solution to digital piracy. After all, if there was no p2p there would be no piracy, right? So now, finally, p2p would become illegal. No loss, eh?

Project Gutenberg: Gone.
Maybe they could start selling those public domain ebooks, since distribution will be a problem without p2p.
But hey, if they go under that’s OK, people can still buy ebooks from Google and Amazon.
Loss to literature and literacy: immense

Free-Libre Open Source Software (FLOSS): Gone
Without p2p distros, many FLOSS apps will of necessity become LOSS since “free as in beer” may no longer be affordable.
But that’s OK. The real pros like Microsoft and Apple are the ones that should be making software.
Loss to technology: astounding

Independent Music Recordings: Gone.
With the loss of nearly free digital distribution, musicians will have to give up their dreams if they aren’t one of the few acts signed by CRIA members. As it was in the days before the Internet, it will again be far too expensive for Independents to release their own music.
That’s OK. RIAA/CRIA are the experts after all. Why shouldn’t they have total control of the music we listen to.
Loss to culture: incalculable

Because you see, when enough countries have DMCAs and Digital Economy Bills, they will start clamping down.

Because they can.

Canadians don’t want a Canadian DMCA. Tell the Minister of Heritage James Moore on Twitter, although writing paper letters to all the politicians would a good thing too.

Just say:

No Canadian DMCA



If you haven’t already, sign the petition. There are only 10808 signatures.

If you have already signed, who else should you be asking to sign?

That’s easy: anyone who uses the Internet.

Because Usage Based Billing will harm both Canadians and our Economy.

http://dissolvethecrtc.ca/

STOP Usage Based Billing

STOP Usage Based Billing



Posted in Changing the World | Tagged: , , , , , , , , , , , , , , , , , , , , , , | 7 Comments »

#digicon

Posted by Laurel L. Russwurm on May 21, 2010

was #copycon futile?

No Usage Based Billing
Last year the Canadian Government held a Copyright Consultation to ask Canadians what we thought was important for Canadian copyright law. More than 8,000 Canadians from all across Canada made #copycon submissions. We have yet to see if we were heard, although rumour has it that the legislature will be seeing a new Canadian Copyright bill soon… possibly for June 2010. Many of us have serious concerns about whether it was an exercise in futility or not.

No.

From my perspective, even if the government does not listen and learn from the #copycon, I know I have learned an enormous amount about copyright and how we think from other Canadians who made submissions. From things I’ve read and learned from the #copycon, if I were to make a copyright submission today it would be very different. But that’s another post.

Canadians are talking about copyright, and understanding the forces at play much better. The conversation is far from over, and we need to get a handle on things and come to a consensus about before law is made.

What was said by Canadians in the formal Copyright Consultation submissions has laid the foundation of a valuable resource for all Canadians. A reference primer of “What Canadians Want”.

we don’t want bad law

But the law may be made anyway. Rumours that the government will try to push through a Canadian DMCA (a Bill C61 clone) have many citizens worried. But sometimes that happens, bad laws get passed.

Probably one of the biggest exercises in lawmaking futility was the American 1919 Volstead Act which we know more familiarly as Prohibition. God fearing law abiding solid citizens— people who wouldn’t have so much as dreamt of jay walking before Prohibition— instantly transformed into criminals frequenting speakeasies when the American law outlawing alcoholic beverages went into effect. The roaring twenties came and went before Prohibition was repealed in 1933.

Because prohibition favored the goals of a special interest group over society’s mores it just couldn’t work. Aside from fostering near universal flagrant contempt for the law among citizens, a serious byproduct was the support this bad law gave to the growth of organized crime. Before American Prohibition, the mafia was just some petty disorganized criminals. After Prohibition gangsters became rock stars. How many books, articles, movies and even musicals have grown up out of the gangster mystique. Canada’s own gangster wannabes in The Boyd Gang seem to have hatched out of the gangster mythology. Folk heroes even.

Friar Tuck and Robin Hood in Sherwood Forest, Robin In The Hood Festival

Hundreds of years later we still idolize Robin Hood

What I know of history has shown that when bad laws are passed the populace initially chafes and suffers. Although the government passing the bad law hopes that people will put up with it, one thing that they never seem to expect is that bad laws provide their opponents with points of commonality.

Often people who are ideologically incapable of co-operating are galvanized into finding a way to work together when a bad law is passed. The bad law itself becomes a visible rallying point, a specific dragon to slay.

But one of the most compelling things that any bad law provides to its detractors are the martyrs.

Although I talked about this story as an example of what to expect if the secret A.C.T.A. treaty is passed, it is a real life demonstration of what is happening right now in the US under the existing American DMCA. A young woman went to jail for the crime of recording her sister’s birthday party.

And although history shows that bad laws tend to be overturned in time, I still think it’s better not to have bad laws in the first place.

In the case of copyright, the people who will be most harmed by bad copyright law are the younger generation, many of whom have not attained voting age. As a mother, this special interest group is important to me, because I don’t want to see bad things happen to our best and brightest.

As a student of history I do know that there will very soon be a time when this generation will not only be able to vote but, may well be able to form a government. When I was a teenager we thought running for student council was a big deal. Today Canada’s newest political party has been formed largely by people barely old enough to vote.

Digital Economy Consultation

In the meantime the Canadian government has again asked us for our input.

This time it is for a Digital Economy Consultation. How the Canadian Government reacts to the changes caused by the digital world will have a huge impact on our future. Our economy.

A long time ago Canada had climbed to the forefront of the world of technology with the Avro Arrow. Yet an incredibly short sighted government pulled the plug on that and well and truly killed the project. Naturally it triggered a “brain drain”, as many of Canada’s best and brightest migrated to the United States to work at NASA. Surely we don’t want to go that route again.

Acryllic on Illustration board painting by Aviation Artist Lance Russwurm

Once Canada led the world in technology...

We certainly don’t want to end up in a legislative shambles the way the United Kingdom has. Their ill advised Digital Economy Bill (know to Twitterati as #DEBill) which was rushed through the legislative procedure without proper scrutiny resulted in a hung parliament and the fall of a Prime Minister. Surely Canada doesn’t want to go that route either.

All Canadians should try to participate…

…even if we say what we think and what we want, and they choose not to hear, the ideas will still be out there floating in the ether.

Judging by the quantity and passion of the comments I’ve been reading in online articles to do with weighty issues like UBB and copyright, many of us have thought about this and have a lot of good ideas. This is a good place to put them. And what better time to be heard than when we are lucky enough to have a minority government. At times like this, governments at least try to give the appearance of listening.

Maybe that doesn’t sound like much, but as a mom I can tell you, when you ask your kid to pretend to go to sleep, before long he really is asleep. Maybe if our government starts out by appearing to listen to our submissions they will accidentally find themselves actually listening.

It’s worth a shot.

#digicon

I think that the #digicon will be just as valuable for Canadians as the #copycon was. The process isn’t quite the same as the earlier consultation. As I understand it, off topic comments (such as talking about copyright reform) are likely to be moderated out of the forums.

Read the #digicon Consultation Paper
Participate in the digicon forums – see what other people have to say
DENT about #digicon
tweet about #digicon.
Talk about it on your wall.
Then write your own submission.
**Note: They want a 250 – 500 word summary of the submission as well. I assume to make it easier to sort the piles.

the process

It seems that although the 40 page Submission Guidelines can be downloaded as a PDF, they are also available in clear HTML on the website. Yay! I love that they are asking for submissions in

“text-only format or as a document upload (e.g., Word, RTF or WordPerfect formats”

http://de-en.gc.ca/submissions/

Sounds like they’d rather not get stuck in the PDF morass they had for copycon. Deconstructing all the PDF submissions is probably the chief reason why it took so long for all the submissions to be posted online.
(I hate PDFs!)

time limit

As of today, there are 49 days to make a submission. But there’s a lot to think about, so don’t leave it until the last minute (as so many of us did with #copycon)

Things you might say today may help someone else develop a brilliant strategy that would benefit us all. (Hint: that’s why re:mixing is such a good idea)

back-up

I read a comment yesterday from someone who was concerned that the comment or link they’d posted to the #digicon page had been subsequently removed (or moved somewhere else).

If you’re concerned that may happen to your comments or links, or if you’ve something you want to say about the Canadian Digital Economy Consultation that you feel may not survive their moderation, feel free to put it in the #digicon links & comments
My only rules: no spam, no personal attacks/hate mongering.

Similarly, if you have pertinent links you think may help answer questions or examine the issues, feel free to include them. If they start to pile up, when I have a minute I’ll list them under #digicon links in the sidebar.

insurance

Because some Canadians are a bit cynical, we not only submitted our formal #copycon submission to the government, we also posted it on our blogs or websites as (ahem) insurance.

As any emerging artist knows, the wider you can disseminate your art the more people will have the opportunity to become a fan. Or in this case, the more people who can see and read the argument, the more can understand the argument.

to blog or not to blog

If you don’t have one, you can get a free blog from various sources; personally I’d recommend WordPress.
If you don’t want a blog, but want to be heard, I’m willing to post submissions on the Oh! Canada blog as a guest post.

Consultation Questions

Innovation Using Digital Technologies

  • Should Canada focus on increasing innovation in some key sectors or focus on providing the foundation for innovation across the economy?
  • Which conditions best incent and promote adoption of ICT by Canadian business?
  • What would a successful digital strategy look like for your firm or sector? What are the barriers to implementation?
  • Once copyright, anti-spam and data breach/privacy amendments are in place, are their other legislative or policy changes needed to deal with emerging issues?
  • How can Canada use its regulatory and policy regime to promote Canada as a favourable environment for e-commerce?

Digital Infrastructure

  • What speeds and other service characteristics are needed by users (e.g., consumers, businesses, public sector bodies) and how should Canada set goals for next generation networks?
  • What steps must be taken to meet these goals? Are the current regulatory and legislative frameworks conducive to incenting investment and competition? What are the appropriate roles of stakeholders in the public and private sectors?
  • What steps should be taken to ensure there is sufficient radio spectrum available to support advanced infrastructure development?
  • How best can we ensure that rural and remote communities are not left behind in terms of access to advanced networks and what are the priority areas for attention in these regions?

Growing the ICT Industry

  • Do our current investments in R&D effectively lead to innovation, and the creation of new businesses, products and services? Should we promote investments in small start-ups to expand our innovation capacity?
  • What is needed to innovate and grow the size of the ICT industry including the number of large ICT firms headquartered in Canada?
  • What would best position Canada as a destination of choice for venture capital and investments in global research and development mandates?
  • What efforts are needed to address the talent needs in the coming years?

Canada’s Digital Content

  • What does creating Canada’s digital content advantage mean to you?
  • What elements do you want to see in Canada’s marketplace framework for digital media and content?
  • How do you see digital content contributing to Canada’s prosperity?
  • What kinds of infrastructure investments do you foresee making in the future? What kinds of infrastructure will you need in the future to be successful at home and abroad?
  • How can stakeholders encourage investment, particularly early stage investment, in the development of innovative digital media and content?

Building Digital Skills

  • What do you see as the most critical challenges in skills development for a digital economy?
  • What is the best way to address these challenges?
  • What can we do to ensure that labour market entrants have digital skills?
  • What is the best way to ensure the current workforce gets the continuous upskilling required to remain competitive in the digital economy? Are different tactics required for SMEs versus large enterprises?
  • How will the digital economy impact the learning system in Canada? How we teach? How we learn?
  • What strategies could be employed to address the digital divide?

Improving Canada’s Digital Advantage

  • Should we set targets for our made-in-Canada digital strategy? And if so, what should those targets be?
  • What should the timelines be to reach these targets?

a horizontal border of red graphic maple leaves


There are a lot of questions. After reading the material, listening and/or participating in the forum discussions, chatting with co-workers around the water cooler or the oil rig, or the kids in your youth group, or with your e-friends on Identi,ca, Twitter or Facebook…

Say what you think.

Our government is asking us for input. Let’s give it to them.

a horizontal border of red graphic maple leaves

[Digital Economy Simulpost: Since this will affect all Canadians, I’m posting the same post in all three of my blogs, Oh! Canada, StopUBB, and in the wind]



If you haven’t already, sign the petition. There are only 10796 signatures.

If you have already signed, who else should you be asking to sign?

That’s easy: anyone who uses the Internet.

Because Usage Based Billing will harm both Canadians and our Economy.

http://dissolvethecrtc.ca/

STOP Usage Based Billing

STOP Usage Based Billing



Posted in Changing the World | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 8 Comments »