The Internet Puts Up A Billboard In Front Of Lamar Smith's Office: Don't Mess With The Internet

from the will-he-notice? dept

You may recall that, back in March, on a whim based on a discussion at SXSW, Alexis Ohanian and Erik Martin (from Reddit) teamed up with Holmes Wilson (from Fight for the Future) to crowdfund a billboard to go up in Lamar Smith's district in Austin. It turns out that you internet people don't mind paying after all, and helped fund two billboards which have now gone up in Smith's district, including one across the street from his office in San Antonio, and a second one on "Lamar Blvd" in Austin Oh, and Ohanian's BreadPig is selling a "Don't Mess with the Internet" t-shirt, where each sale will help fund Fight for the Future and its new Internet Defense League -- which you should join, in part because if you do cool things to help defend the internet, they hand out totally awesome medals.

Filed Under: alexis ohanian, austin, erik martin, fight for the future, holmes wilson, lamar smith, reddit, san antonio, sxsw

Does A 'Don't Mess With The Internet' Billboard Violate Texas' Trademark?

from the use-in-commerce? dept

We recently covered a plan, hatched at SXSW, to crowdfund a billboard in Lamar Smith's home district, with the statement "Don't Mess With The Internet" on it -- in response to Smith's sponsorship of a series of anti-internet bills, most notably, SOPA. First the good news: the crowdfunding campaign reached its $15,000 goal, so it was funded.

However, it's worth noting that the folks over at the Austinist blog have mocked the plan, insisting that it infringes on Texas' trademark on "Don't Mess With Texas" (also the Austinist article seems to go back and forth between trademark and copyright, not recognizing that the two are different). Texas' Department of Transportation (DOT) holds a trademark on the phrase as part of its anti-littering efforts. I had actually thought about this earlier, as we've written about how the state of Texas has been overly aggressive with the trademark, such as going after book authors who have used the title.

Of course, there's a big problem here if Texas does decide to challenge this particular billboard: trademark law covers use in commerce. The billboard in question is not selling anything, is not used in commerce and is pretty clearly protected political speech. The Austinist blog seems to assume, incorrectly, that a trademark is a blanket rule that blocks any such use by anyone ever. That's wrong. It wouldn't surprise me to see Texas still complain and maybe even file a lawsuit, but I can't see how it has any chance of winning at all. In fact, if it did go down that path, the state of Texas might quickly learn that you "don't mess with the internet."

Filed Under: billboard, don't mess with, lamar smith, texas, trademark

Help Fund A 'Don't Mess With The Internet' Billboard In Lamar Smith's District

from the don't-mess-with-reddit dept

Lamar Smith has really become the enemy of the internet. He's the main sponsor behind both SOPA and the very dangerous data retention bill that he disguised as an anti-child porn bill, even though it does nothing to stop child porn. Don't think the internet hasn't noticed. With lots of internet folks in Austin (part of which is covered by Lamar Smith's district), Erik Marin (GM of Reddit) and Holmes Wilson (co-founder of Fight for the Future) had the bright idea to buy a billboard in Smith's district with the slogan: Don't Mess with the Internet. The final design of the billboard is still being worked on, but Reddit co-founder Alexis Ohanian jumped right in and set up a crowdfunding campaign to try to raise the necessary $15,000. Feel free to join in and help send Lamar Smith a message...

Filed Under: data retention, don't mess with the internet, lamar smith, sopa, sxsw

How New Internet Spying Laws Will Actually ENABLE Stalkers, Spammers, Phishers And, Yes, Pedophiles & Terrorists

from the not-as-simple-as-you-might-think dept

There's proposed legislation in the US (sponsored by Lamar Smith) and in Canada (sponsored by Vic Toews) and in the UK that uses various flimsy justifications for the mass collection of data on telecommunications users. The data covered by these proposals varies, but includes things like URLs, phone calls, text/instant/email messages, and other forms of communication. Some of this proposed legislation deals with communication metadata, e.g., sender, recipient, time, etc.; some of it deals with communication content, e.g., the full text of messages.

I'm going to gloss over the specifics for two reasons: first, they've been covered exhaustively elsewhere, and second, I think it's an absolute certainty that whatever these proposals contain, the next ones will contain more.

The putative reasons given for these proposals are the usual Four Horseman of the Infocalypse: terrorists, pedophiles, drug dealers, and money launderers. One would think, given the hysteria being whipped up by the proponents of these bills, that one could hardly walk down the street without being offered raw heroin by a grenade-throwing child pornographer carrying currency from 19 different countries.

Of course, everyone who's actually studied terrorists, pedophiles, drug dealers and money launderers in the context of telecommunications knows full well that nothing in these bills will actually help deal with them. The very bad people who are seriously into these pursuits are not stupid, and they're not naive: they use firewalls, encryption, and tunneling. They use strong operating systems and robust application software. They use rigorous procedures guided by a strong sense of self-preservation and appropriate paranoia. They're not very likely to be caught by any of the measures in these bills because they'll (a) read the text and (b) evade the enumerated measures.

Yes, there are occasional exceptions: every now and then, a clueless newbie or a careless dilettante turns up when they're caught. And of course when that happens, there's always a press conference announcing the event, and many claims that it's a "major blow against crime" and a flood of self-congratulatory press releases. But it doesn't mean anything, except that someone was either stupid...or careless...or was set up.

The unpleasant reality that these bills are trying to avoid is that catching very bad people requires diligence, patience, expertise and intelligence, aka "competent police work." There's no substitute and there are no shortcuts. This means that these bills will achieve very few of their stated goals; that is, the benefit to society from them will be minimal, if any.

But what about the cost?

I don't mean the financial cost, although that will be high -- much higher than those proposing such legislation are prepared to admit; I mean the cost to society as a whole.

If such legislation passes, then everyone will know that every ISP is building a database -- a highly useful database for very bad people. It's the sort of thing that some very bad people have been trying to construct for years, often at considerable expense and effort. How very nice of someone else to build it for them, saving them the cost and trouble -- because they, and/or their agents, will of course target it for acquisition. And given the parade of security breaches and dataloss incidents we see on a daily basis, it's certain they'll get it. (My bet is that they'll get it before it's even finished. Any takers?)

There's an old military saying -- a bit of inter-service trash talk: "The Air Force builds weapons; the Navy builds targets".

Politicians who propose such measures appear to be thinking that they're building a weapon -- a weapon that law enforcement agencies can use to pursue people who've committed, or are suspected of committing, crimes. But they're not. They're building a target. They're building the mother lode for stalkers, pedophiles, spammers, identity thieves, child pornographers, blackmailers, extortionists, and yes -- terrorists. A Techdirt story just a few days ago gave some rather creepy examples of what Target's data mining can do...and they're just trying to sell you stuff. Imagine what very bad people are capable of, given far richer data and the rather obvious inclination to break the law at will.

What's worse than building a target? Telling everyone you're building a target. What's worse than telling everyone you're building a target? Telling everyone where it is. What's worse than telling everyone where it is? Telling them what's in it. Yet that's exactly what these bills would do: force the construction of a target, inform everyone that it exists, where it is, and what's in it.

I'm sure that the very bad people these bills allegedly target are delighted. I'll bet they're having a hard time not expressing their enthusiastic support. But my guess is that most of them will heed Napoleon's sage advice: "Never interrupt your enemy when he is making a mistake."

I'm not the only one who's observed that these databases are targets, not weapons. So has Ontario Information and Privacy Commissioner Ann Cavoukian:

"This is going to be like the Fort Knox of information that the hackers and the real bad guys will want to go after. This is going to be a gold mine. [...] The government will say that they can protect the data, and they can encrypt it. Are you kidding me? The bad guys are always one step ahead."

But this is not the worst of it -- that is, the certainty that very bad people will find ways to acquire these databases and to correlate them with each other and with still more databases isn't the endgame.

Particularly talented intruders will not only get it, they'll monitor it in real time. How do you feel about someone knowing where you bank, that you've made three phone calls to stores today, and that you have a Visa card with the following number that you just used from a hotel room 300 miles from home? How do you feel about the web browsing of your teenage daughter being observed by someone who's also reading her instant messages and listening to her VOIP calls, and has the IP address she's using in her college dorm room?

And even this is STILL not the worst of it. Given the rampant Internet and computer illiteracy that we see every day out of law enforcement, private investigators, journalists, and others around the world -- such as the clueless people behind these bills -- it's only going to be a short time until "the logs say X" becomes semantically equivalent in the vernacular to "X is true". And it is at that point that some of the more talented very bad people won't just acquire this data: they'll modify it.

Filed Under: canada, data retention, lamar smith, lawful access, uk, us, vic toews

According To Lamar Smith, Data Or Criticism From Anyone Who Doesn't Like SOPA Isn't Valid

from the wow dept

We recently wrote about PolitiFact trashing Lamar Smith for the numbers he used in support of SOPA -- numbers that PolitiFact says grade out to "false." What I somehow missed was at the very end of that article, they ask Smith to respond to the charges that his argument was false. Amazingly, rather than respond to the actual data, Smith chose to instead attack one (of a few!) of the people that PolitiFact discussed the data with, Julian Sanchez:

After we summarized much of this research, Smith objected to Sanchez as an expert, saying in an email that because Sanchez is opposed to the anti-online-piracy act, he "cannot provide an objective or unbiased analysis." He stood by his CNN.com statement, telling us: "Since the U.S. is the largest producer of (intellectual property) that is consumed around the world, one can surmise that a significant amount of that total value is taken from the U.S. economy."

First of all, what? Considering that the numbers Smith used came from industry lobbyists in favor of the bill, doesn't that mean that Smith should be objecting to his own numbers? After all, the source of those numbers -- the Chamber of Commerce -- "cannot provide an objective or unbiased analysis." Or perhaps Smith thinks that only those in favor of SOPA can provide such an analysis.

Either way, that statement is insane. Smith honestly seems to be saying that any information -- no matter how factual -- cannot be trusted if it comes from SOPA opponents. Why doesn't he have that same skepticism towards the data that the MPAA and Chamber of Commerce handed him?

Furthermore, his decision to stick by his comments is doubly insane. The fact that the US is the largest producer of intellectual property that is consumed around the world... does not, in fact, mean that any counterfeiting is "the total value taken from the US economy." Is this guy serious? PolitiFact flat out points out that it's false, with data to back it up, and shows exactly how Smith is blatantly lying about the data... and Smith's response is to restate the error and insist that the thing already proven false must be true?!?

Smith's constituents should demand better. Having an elected official who lives in a fantasy world where facts are ignored is not a good thing.

Filed Under: bias, data, evidence, julian sanchez, lamar smith, pipa, sopa

PolitiFact Trashes Lamar Smith: Says His Claims About Economic Impact Of Piracy Are Flat Out False

from the fact-checking dept

We've pointed out before that Lamar Smith based his entire argument for why SOPA was needed on misleading or simply incorrect claims -- but who are we to say that? Thankfully, it appears that the professional fact checkers are in agreement that Smith's argument for SOPA isn't based in reality. The famed PolitiFact fact checking operation has completely dismantled Smith's claim that "illegal counterfeiting and piracy costs the US economy $100 billion every year."

It turns out (as we've pointed out) there's nothing true about that statement. PolitiFact tracks down the key points on which Smith bases this claim, noting that it's a Chamber of Commerce report that says, "the U.S. consumption-based share of counterfeit and pirated goods is between $66 billion and $100 billion." Smith, obviously, just takes that higher number (already a questionable move), and insists that's the "harm." But, as PolitiFact points out, that's not what the report actually says.

In fact, the report flat out states that it "has not attempted to estimate business losses associated with counterfeiting and piracy." So to pretend that's what the report says is, well, lying.

PolitiFact checks in with a number of experts -- including someone from the Chamber of Commerce who produced the report -- who admits that it's simply not true to say that $100 billion is the cost to the economy. Add everything up, and PolitiFact says that Smith is being anything but truthful in his claims:

Smith’s statement draws on a high-end estimate also based on flawed assumptions for the U.S. "consumption-based share of counterfeit and pirated goods" in 2008. The cited $100 billion figure doesn’t reflect the costs to the economy, contrary to Smith’s claim; the 2011 study did not assess such costs, which are understandably slippery.

Maybe there is no solid estimate of the cost to the economy. Smith’s CNN.com statement rates False.

Unfortunately, there still doesn't appear to be any punishment for trying to pass a really bad bill by using misleading stats, other than public ridicule.

Filed Under: fact checking, facts, lamar smith, piracy, sopa

Lamar Smith: Enemy Of The Internet? Defends Internet Snooping Bill

from the stop-smith dept

Before the SOPA mess heated up last year, we were just as worried about Rep. Lamar Smith's other ridiculous bill, in which he sought to hide massive data retention rules -- effectively requiring every online service provider to keep reams of data about users... and hid it all under a totally bogus claim that it was to "protect children from internet pornographers." This is the most cynical and obnoxious form of lawmaking: to pass something that is incredibly bad and dangerous and pretend that you're doing so to "protect the children from child porn" when the actual bill will do nothing of the sort. Rep. Zoe Lofgren, who saw through Smith's ruse (as she did with SOPA as well), actually offered up an amendment to more accurately call the bill the "Keep Every American's Digital Data for Submission to the Federal Government Without a Warrant Act of 2011," but that got rejected.

Unfortunately, the bill, HR 1981, has already been voted out of committee (something that was successfully stopped with SOPA), so it could come to the floor at any time. As he did with SOPA opposition, Smith's staff is dismissing the online criticism of the bill, insisting is not as big as people are making it out to be... and that the complaints about the bill are not accurate. Yet, Demand Progress says that it has already received over 90,000 signatures against the bill, and lots of others are speaking out against it. Just as with SOPA, the opposition to such a bad bill does not fall along traditional political lines. You've got DailyKos on the left speaking out against it as well as patriot groups and Ron Paul supporters. And, of course, Reddit has been active as well.

In many ways this bill is significantly worse than SOPA, in that it not only creates a massive new problem for all internet companies, in that they would need to retain all sorts of data, but that it tries to hide it behind a claim that this is for protection against child porn -- something no politician wants to vote against. The costs of maintaining all this info can be quite large, but more importantly, this is the exact opposite of a privacy bill. It's an anti-privacy bill, because the more data that a company has to collect and retain, the more likely it is to leak or be accessed by someone who shouldn't have it (including the government -- which was the point of Lofgren's attempted renaming). Furthermore, the bill does absolutely nothing about the problem it actually claims to be targeting. Nothing in the bill would actually slow or stop child pornographers. The whole name is a red herring to try to get the bill through.

Between this and SOPA, it seems that people should start asking: is Lamar Smith the most anti-internet elected official in the US right now? He's got to be up there if he's not at the top.

Filed Under: data retention, lamar smith, privacy, snooping

The Internet Wins: PIPA & SOPA Delayed

from the there-we-go dept

The writing has been on the wall for a long, long time, but now it's finally official. Harry Reid has announced that he will not move forward with PIPA and Lamar Smith has announced the same thing about SOPA. Both are listed as "delayed" and there's always a chance that they will come back in some form (potentially even nastier), but hopefully those on Capitol Hill have learned a big lesson about trying to mess with the internet... and what happens when you cut backroom deals to help one industry at the expense of the public.

Filed Under: blackouts, internet, lamar smith, patrick leahy, pipa, protect ip, protests, sopa

Protest Via Plugin: Facebook Users Bring The Fight To Lamar Smith's Website

from the sometimes-you-'get'-social-media-and-sometimes-the-social-media-gets-you dept

As the front mouth of SOPA, Lamar Smith isn't taking any more chances with his website. After the whole "I swear this picture was already here when I got the site" debacle, Smith's new site isn't taking any chances. Why, you can't even send a disgruntled email to the man unless you have a zip code in his district. That would be fine if his legislation only affected the people in the 21st Congressional District of Texas, but not so fine if you're shepherding through a bill that affects not just the contiguous 48 states, but the entire world, if deployed as intended.

But, despite all this lockdown and proper image sourcing, Lamar forgot about the single thing he wants to regulate most: the internet. Like anyone wishing to appear "connected" (and that includes congressmen who don't want to hear from anyone but specific Texans), Smith has installed a Facebook plugin on his site, so that with a quick glance, incoming visitors can see just how well-"Liked" the congressman actually is.

And just like that, all his best laid plans start unraveling:



How's that social media thing working for you now, Congressman? Looks like this whole Facebook protest-by-proxy is just another "gimmick."

By the way, here's a quick link to the Senator's Facebook page as well as a few (hundred!) images that will make your stance on the issue crystal clear. You know what to do.

Filed Under: blackouts, lamar smith, pipa, protect ip, protests, sopa
Companies: facebook

Lamar Smith & MPAA Brush Off Wikipedia Blackout As Just A Publicity Stunt

from the we'll-see-tomorrow dept

Well, well. It appears that Lamar Smith really wants to tempt fate and stick his tongue out at the internet. Beyond announcing that he's moving forward with SOPA, he's also continuing to mock the critics, calling the Wikipedia blackout a "publicity stunt":

“It is ironic that a website dedicated to providing information is spreading misinformation about the Stop Online Piracy Act," Smith said in a statement on Tuesday. "The bill will not harm Wikipedia, domestic blogs or social networking sites. This publicity stunt does a disservice to its users by promoting fear instead of facts. Perhaps during the blackout, Internet users can look elsewhere for an accurate definition of online piracy."

Smith, as per pretty much all of his statements on SOPA is either misinformed, disingenuous... or just lying. First of all, the anti-circumvention provisions certainly do apply to domestic sites, including Wikipedia. And as a site that provides information, it could certainly run afoul of those provisions. But, more to the point, Wikipedia isn't just speaking out because this bill impacts Wikipedia directly, but because of its wider concern over what this bill represents: a blacklist that seeks to block access to websites. You can be secure that it won't impact you and still take issue with the principle behind the bill.

It's a shame that Lamar Smith can't understand that, despite so many people online understanding it. I assume some of those people may give Rep. Smith a call tomorrow to express that point to him directly.

Meanwhile... shocker of shockers, the MPAA is out with a statement using a very similar phrase concerning the blackouts. Gee, kinda makes you wonder if Lamar Smith and the MPAA are consulting on talking points:

It is an irresponsible response and a disservice to people who rely on them for information use their services. It is also an abuse of power given the freedoms these companies enjoy in the marketplace today. It’s a dangerous and troubling development when the platforms that serve as gateways to information intentionally skew the facts to incite their users in order to further their corporate interests.

A so-called “blackout” is yet another gimmick, albeit a dangerous one, designed to punish elected and administration officials who are working diligently to protect American jobs from foreign criminals. It is our hope that the White House and the Congress will call on those who intend to stage this “blackout” to stop the hyperbole and PR stunts and engage in meaningful efforts to combat piracy.”

This is hilarious only in that we're talking about the MPAA here, who is famous for abusing its powers and "intentionally skewing the facts to incite" people (mainly in Congress) "in order to further their corporate interests." Seriously, who honestly thinks that Wikipedia, Reddit and others are shutting down their sites to "further their corporate interests?" The MPAA -- as per usual, remains totally, and completely tone deaf to what's going on.

The MPAA wants SOPA to further its corporate interests. Wikipedia is a non-profit. Its interest is in stopping the MPAA from mucking up the internet, not in "furthering its corporate interests." Once again, it would be nice if the MPAA and Lamar Smith had the decency to be honest on this issue, but they're still working by the old playbook... the one where you lie and donate to campaigns until Congress gives you the laws you want, no matter how unnecessary or damaging they may be. They're seriously underestimating what's been activated online over the past few months. It's a massive miscalculation to brush off these legitimate concerns as a publicity stunt.

Filed Under: blackout, lamar smith, pipa, protect ip, publicity stunt, sopa, tone deaf
Companies: mpaa, wikipedia