Does ACTA Kill Online Anonymity?
from the it-might... dept
With the full draft of ACTA leaked, lots of people have been highlighting the various lowlights found in the draft. Andrew Moshirnia, over at the Citizen Media Law Project, has picked up on another one. If you read the draft, it appears to remove due process in revealing anonymous users. While other countries have viewed anonymity differently, in the US, at least, the courts have been very strong defenders of the right to anonymous speech. But the ACTA draft includes this fun tidbit:Each Party shall enable right holders, who have given effective notification to an online service provider of materials that they claim with valid reasons to be infringing their copyright or related rights, to expeditiously obtain from that provider information on the identity of the relevant subscriber.In other words, as long as someone makes a copyright claim -- bogus or not -- ISPs should be required to give up who the user is. Once again, this appears to be contrary to US law. The RIAA made this argument in the US years ago, and Verizon fought back and (eventually) won, as judges noted that ISPs did not just have to hand over information without a lawsuit being filed and an official subpoena issued. So much for ACTA not changing US law, right?
But, an even bigger concern may be how other countries implement this as well. We've already noted that China will likely use ACTA as justification for greater censorship, but Moshirnia points out that authoritarian regimes may start (ab)using it to unveil anonymous internet users as well:
Let's say I am an oppressive regime. One of the very few ways my citizens can reach me is by videotaping and publicizing my brutal methods of silencing protesters (warning, disturbing link). Now, not only can I use bogus takedown requests to pull down those videos (think a global DMCA) but I can also get the private information of the poster.So why is anyone supporting ACTA again?
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Who voted for this again?
One would request a "Proper" paperwork by a Judge under the 4th Amendment.
The sooner our Congress Critters realize that ACTA takes the power away from them, the better. The thing is that this is also why we need to chip a few representatives away from the Democratic side to independent/republican side this November.
Maybe it's just me, but it would be nice to see some good, well-funded independents. I wonder if the Tea Party will move go for this idea. A few years ago, what we did with Ron Paul and the Money Bombs were amazing. We would need to support where we can, but still hold our Representatives accountable.
What if we could get more Tea Party folks to find and gain commitment that Representatives would gain Tea Party support only if they swear to uphold the Constitution?
Ask them, when they take the oath of office if their corporate interests will ask that they surrender their duties to Article I, Section 8, Clause 3 of the US Constitution. Will they sit by idly and allow ACTA to be merely a matter of the day like gas prices or something that needs to be debated at length?
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Re: Who voted for this again?
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Re: Re: Who voted for this again?
Only a fool would think the other party will do a better job simply because they are the other party.
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Re: Re: Who voted for this again?
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Re: Re: Re: Re: Who voted for this again?
The only thing you can argue for is violent destruction of corporations...but...
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Re: Re: Re: Who voted for this again?
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I read that...
How is any of this possible without pulling a rabbit out of a hat?
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I wonder why this is being discussed outside of the US Congress.
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Obama
Because Obama said to?
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Any ISP worth their salt would just say "bring me a court order". If this makes it an additional crime to hold out for that, we have problems.
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Re:
The founding fathers used anonymity to plan the new republic.
Many politicians throughout history used anonymity to convey their most radical ideas for their times.
Anonymity is part of free speech. Humans don't handle criticism very well and those powerful enough will hunt others down and punish them.
Many others used anonymity to denounce bad things or to do bad things. But by far the positives have prevailed in free societies even when people could do horrible things.
We don't need to go after other saying things is up to people to learn how to filter information and how to make use of it, not some third party deciding for all of us what should or should not be said.
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Re:
When SCOTUS very clearly ruled that it was protected by that pesky 1st Amendment of some document that the rest of the government seems to forget exists...
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Oh freedom haters, how I love seeing you. You envision a perfect world where everyone agrees with you and your philosophy reigns supreme. How could anyone disagree with you when you are so obviously right? And because everyone agrees with you nobody minds standing by their opinions in public because all are of one mind. A place for everything and everything in its place.
Unfortunately, in the real world, we have : http://en.wikipedia.org/wiki/Tyranny_of_the_majority
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Re:
http://en.wikipedia.org/wiki/Thomas_paine#American_Revolution
While not necessarily enshrined in the Bill of Rights, we have a great tradition of anonymous commenting - electronic or not.
Please have a Troll cookie and engage your brain before commenting next time please!
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RIAA
Put your head down and wear your hoody, the shit is coming down and the battle is about to begin. We know from history that you can only push around the peasants for so long and then they use their farm implements (work tools) for weapons.
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ACTO
Because it has eloctrolytes?
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Re: ACTO
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"doesnt stop for red lights."
http://itunes.apple.com/us/app/car-troller/id348399123?mt=8
Yay re-engineering the younger generation.
I totally expect this comment to be moderated because "Cartroller" has the word "troll" in it.
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Today in the news ...
Today in the news South Korea today requested the deportation of a New York times reporter for yesterdays April fools day spoof of its leaders.
"Users are required to enter their real name and their national ID number when using websites with more than 100,000 members."
Today in the news South Koreas National id system was hacked and all IDs were made public. (oh wait that one will get me a 5 year prison sentence)
"Each Party shall enable right holders, who have given effective notification to an online service provider of materials that they claim with valid reasons to be infringing their copyright or related rights, to expeditiously obtain from that provider information on the identity of the relevant subscriber."
Today in the news material witness warrants were issued for all the key members of WikiLeaks. In other stories the AA and NA websites were issued a request for all anonymous users due to the rampant use of the phrase "happy birthday to you" which is copyrighted in the song of the same name.
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Lawyers will challenge this in courts of law
And I hope folks will boycott various artists/studios/RIAA/MPAA to tell them what we think of their lobbying goverments to take away our rights.
ANTI CONSUMER TRADING ACT IS SHIT !!!
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acta is not even being reported in the many (not all) acta countries' major newspapers - english or others...
the world is more screwed than it imagines.
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ACTA kills
Please don't take my rights from me in the physical world or in the internet.
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Re: ACTA kills
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Isn't ACTA suppose to protect the children?
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Read more here: http://blog.thireus.com/anonymous-against-acta-strikes-and-protests-begin
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raymond.woo@energizer.com
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