This Week In Techdirt History: August 19th - 25th

from the special-focus dept

Five Years Ago

Once in a while, when evens really heat up in a given week, we skip the five/ten/fifteen-year retrospective and focus in on the big events — and this is one of those times, with the NSA spying debacle elevating to another level this week in 2013.

Firstly, hings heated up on the other side of the Atlantic, with the UK government detaining David Miranda and seizing all his electronics and telling him he'd go to jail if he didn't turn over his passwords in a blatant act of intimidation. While the UK Home office claimed the detention was fully justified, a US official told Reuters that it was done to send a message. That admission was buried in a report about another disturbing action by the UK: forcing The Guardian to destroy hard drives with info from Snowden — an order that came directly from the Prime Minister. On top of all that, a new and questionable revelation in The Independent prompted Edward Snowden to accuse the UK government of leaking additional documents itself to make him look bad.

Back in the US, we were getting a closer look at the loopholes that allowed the NSA to withhold information from Congress, and a glimpse of the agency culture that encouraged deception. Defenders threw up their hands and claimed "we didn't mean it", and got some help from the guy who wrote legal memos defending the CIA torture program. Then the agency revealed that it performs a staggering 20-million database queries per month. It seemed that if some of these more serious leaks had come out a bit earlier, a bill to defund the NSA may have stood more of a chance, while a new bill was introduced to make the agency pay for every abuse of power.

And then things continued to escalate. A new leak showed that the NSA truly could spy on almost anything and set its own filters. The EFF's success in getting a key FISA court ruling declassified revealed that the NSA repeatedly lied to the court, too. Documents showed that a program continued for three years after it was declared unconstitutional, right after tech companies (who the NSA was paying for their help) got immunity in warrantless wiretapping cases. And during the 2002 Olympics, the NSA and FBI spied on every single email in Salt Lake City.

Meanwhile, the US still couldn't even figure out what exactly Snowden took, but it could put together a surveillance review board packed with Washington insiders and NSA sympathizers. By the end of the week, the agency was fumbling to accuse the Wall Street Journal of misleading the public, but then finally (buried on a Friday night in the hopes of avoiding coverage) admitted that yes, there had been a lot of intentional abuses of the system (in contrast to the many denials of this idea).

And the circus wasn't over yet — tune in next week...

Filed Under: history, look back

This Week In Techdirt History: Augusts 12th - 18th

from the so-that's-what-happened dept

Five Years Ago

This week in 2013, the White House incredibly put James Clapper in charge of independent NSA review, then tried to change its tune a bit when people rightly pointed out that this was insane. Meanwhile, Rep. Justin Amash discovered that the House Intelligence Committee had withheld important NSA documents from the rest of Congress, and that the White House knew it. Then, the latest leak revealed that the NSA abused the rules to spy on Americans thousands of times every year — since there was no real oversight, the FISC court just relied on the NSA's own statements to determine what was legal, and agents were told to withhold information from those in charge of oversight. Senators Wyden and Udall hinted that this was just the tip of the iceberg, while NSA defenders claimed the abuses were evidence of the system working well and that the numbers were impressive compared to the amount of spying the NSA does.

Ten Years Ago

This week in 2008, Italy tried and failed to block all access to The Pirate Bay, with the predictable result of a spike in Italian traffic to the site. Universities were realizing that the RIAA was taking advantage of them in its crusade against file-sharing students, while one teenager targeted in a lawsuit managed to get damages reduced with an "innocent infringement" defense. Nintendo was freaking out about memory cards for the Nintendo DS, while Tiffany was continuing its futile efforts to hold eBay accountable for counterfeit products by appealing a court ruling that said they weren't (and this same week, a Belgian court was ruling the same thing).

Fifteen Years Ago

This week in 2003, eBay was only just starting to become the ecommerce platform of choice with folks setting up entire businesses on the site. ISPs were the ones fighting back against the RIAA, along with one accused file-sharer who was hitting the agency with a countersuit arguing that sharing does not equal distribution. There were early rumblings of "personalization" as the future of search engines, and the fairly new technology of MMS picture messages was being put to use for networked security cameras and medical emergencies. And nearly seven years before the iPad, there were lots of tablet computers hitting the market, but nobody wanted them.

Filed Under: history, look back

Video Games In Germany Can Now Maybe Kinda Sometimes Have Swastikas

from the winning-is-weird dept

As you likely know, Germany has some very restrictive laws surrounding how and when Nazi iconography can appear in the country. This has resulted in a heavily-policed artistic community, particularly when it comes to video games, which has produced some fairly funny happenings about games accidentally going to Germany chock full of Nazi stuff and other funny happenings in which the game makers make a show of doing as little as possible to get around the law. In the realm of other media, such as movies, the German government has put in place a review process to make sure that the use of Nazi symbols furthers the artistic or historical accuracy of the entertainment. Video games have not had such a review system. And, look, on some level this sort of attempt by Germany to restrict the use of these hateful symbols is understandable. The kind of global embarrassment that comes with committing the worst genocide in history is the sort of thing that leaves a mark. But we've also pointed out that these German laws aren't so much stamping out fascist thought as they are putting the government's collective head in the sand as some kind of grand virtue signal to the planet.

Which is why it's at least a tepid step forward that Germany has revised its position and will now allow Nazi iconography in some video games, some of the time, on a case by case basis.

The government has moved from a blanket ban on swastikas and Hitler moustaches to a case-by-case basis, which will be administered by the USK, Germany’s ratings board.

The official release with the news gives the specifics:

When games that depict symbols of unconstitutional organisations are submitted to the USK for an age rating, the USK committees can now assess them on a case-by-case basis to decide whether the ‘social adequacy clause’ (Sozialadäquanzklausel, as laid out in section 86, subsection (3) of the German Criminal Code) applies. In this context, ‘social adequacy’ means that symbols of unconstitutional organisations can be used in games in individual cases, as long as those symbols serve an artistic or scientific purpose, or depict current or historical events.

Again, the big shift here is actually one of cultural importance, which is the German government will now consider video games as an artistic form, which they undoubtedly are. Movies and television have had a similar review process in place for years, but games were left out. And, as the gaming art form continues to gain ground as the preferred entertainment medium, it was impossible for the German government to ignore this forever. So, while it seems odd to declare a victory in which more swastikas will be seen by the German public, this is much more to do with an acknowledgement of culture than cheering on the Third Reich.

Felix Falk, Managing Director of the German Games Industry Association, says:

This new decision is an important step for games in Germany. We have long campaigned for games to finally be permitted to play an equal role in social discourse, without exception. Computer and video games have been recognised as a cultural medium for many years now, and this latest decision consistently cements that recognition in terms of the use of unconstitutional symbols as well.

It remains to be seen whether or not older games like Wolfenstein will resubmit the original forms of its games for inclusion in all of this, but at least the German government will no longer act as though it can pretend that Nazis were never a thing.

Filed Under: free speech, germany, historical accuracy, history, swastika, video games

This Week In Techdirt History: August 5th - 11th

from the rear-view dept

Five Years Ago

This week in 2013, we learned that lots of government agencies were trying to access that sweet, sweet NSA data — and that the DEA was not only getting it, but being instructed to cover up where it came from. Some data even made it to the IRS, with the same instructions. Once all this was revealed, the DOJ decided it should perhaps be "reviewed", which was small comfort. Then, it was revealed that the NSA scans all emails in and out of the country, and we got a look at the loophole the NSA uses to claim authority to spy on Americans. It turned out this loophole was created on the same day that the FISA court smacked down the NSA for violating the fourth amendment — a ruling people were eager to see, and the DOJ agreed to release a redacted version.

Ten Years Ago

This week in 2008, copyright expert William Patry shut down his excellent blog because covering copyright issues had become "too depressing". To see what he means, look at other events that very same week: the Jammie Thomas trial was turning into a huge mess, Blizzard was trying to block a bot-maker from open-sourcing his code, a fight between TorrentSpy and the MPAA was turning into a major privacy battle thanks to some email spying, and Uri Geller was suing someone for debunking his psychic claims using an eight-second copyrighted clip. Mac clone-maker Psystar, facing a major lawsuit from Apple, was fighting back with an antitrust claim, and a Sony executive was apparently so aware of the failings of legal offerings that he encouraged customers in Australia and New Zealand to pirate PSP games.

Fifteen Years Ago

This week in 2003, people were beginning to dig deeper into just how spammers make money and discovering it doesn't require a lot of customer sales as long as you can keep selling lists of spam targets — and because of this chain of list sales, even well-known companies were profiting from spam. Of course, there also were at least some people buying penis enlargement pills, too. Meanwhile, both Red Hat and IBM were fighting back against SCO's IP lawsuits, while the RIAA was still fighting hard to get info on filesharing students and generally warring with the EFF. And in an example of how much free culture terrifies some people, when Creative Commons reached out to MP3.com about partnering to give artists the option of using CC licenses, the company angrily responded by not just declining but demanding CC "cease and desist" from contacting any artists on MP3.com.

Filed Under: history, look back

This Week In Techdirt History: July 29th - August 4th

from the on-and-on dept

Five Years Ago

This week in 2013, between Keith Alexander joking about how he has the number of congressional reps and the Senate being very unimpressed with James Clapper's evasiveness, it appeared the tide in congress was turning against the NSA — as was public opinion. Of course, the congressional reps who voted in favor of NSA surveillance had one obvious thing in common: they received twice as much money from the defense industry.

Meanwhile, as congress ironically considered declaring national whistleblower day, Bradley Manning was convicted (but acquitted of the aiding the enemy charge) in a verdict that we knew would have massive chilling effects. But of course, cable news only granted this five minutes of coverage on average.

Ten Years Ago

This week in 2008, one final ruling confirmed that the RIAA had to pay legal fees in one of its misdirected file sharing lawsuits, while the IFPI was halfheartedly apologizing for taking down a song from a blog that the artist wanted up, and ISPs in the UK were acting as copyright cops. Another of the RIAA's targets stood up to challenge the constitutionality of the Copyright Act itself in an interesting but ill-fated defense. And the MPAA, while cluelessly claiming that The Dark Knight owed its success to anti-piracy efforts, sued to sites and raised the critical question of whether embedding is infringement.

Fifteen Years Ago

Five years earlier in 2003, one senator was launching an inquiry into the RIAA's legal practices, while the organization itself was getting a new leader. We took on the myth that copying is theft, and the misguided industry focus on "replacing" CD sales with legal downloads — which wasn't going to happen, but that wasn't the point. People did know about legal download services of course — but one study showed they didn't care, much like how teenagers were losing interest in going to the movies.

Filed Under: history, look back

This Week In Techdirt History: July 22nd - 28th

from the looking-back dept

Five Years Ago

This week in 2013, the congressional backlash against the NSA kicked into high gear with an amendment to end phone data collection from Rep. Justin Amash. Naturally the NSA's defenders flipped out, Obama opposed the amendment by insulting congress, and Keith Alexander called an emergency briefing to lobby against it. After a heated debate, the amendment narrowly failed thanks to "no" votes from 217 representatives — including several democrats led by Nancy Pelosi because, hey, you might be in communication with terrorists, right?

Ten Years Ago

This week in 2008, we saw the first legal battle specifically over whether people sending DMCA notices must consider fair use, while the IFPI was taking down music that the creators wanted up, the MPAA was spouting doubletalk in its war against DVRs, and Viacom had to apologize for sending a bogus DMCA notice to YouTube after promising not to. Amidst all this, we saw the introduction of the Senate bill to create a copyright czar position (which Victoria Espinel would end up filling).

Fifteen Years Ago

This week in 2003, the RIAA's lawsuit dragnet was sweeping up bewildered parents and grandparents. Some folks claimed there were protests in response, but this seemed pretty dubious — except online where some sites were blocking RIAA and MPAA IP addresses (Techdirt declined to participate, preferring they have access to our arguments against them). Meanwhile, movie studios got ready to launch a series of file-sharing guilt trip ads, a Spanish lawyer began following the RIAA lawsuit model, and software company SCO made the staggering claim that all Linux users are pirates.

Filed Under: history, look back

This Week In Techdirt History: July 15th - 21st

from the on-and-on dept

Five Years Ago

This week in 2013, as new leaks made it clear that NSA surveillance went even further than everyone thought, we got disturbing comments from NSA boss Keith Alexander about the need to "collect it all" (which also happens to be the name of our CIA card game which you can still preorder...) and from a former top agency lawyer who blamed the 9/11 attacks on civil libertarians. But the backlash grew too, with the EFF filing a massive lawsuit along with several other groups, and one congressional rep trying to strip the NSA's funding while another aimed to repeal the Patriot Act and the FISA Amendments Act.

Ten Years Ago

This week in 2008, a closer look at the Viacom/YouTube lawsuit revealed Viacom's focus on finding out what Google employees uploaded as a sneaky way to hopefully eliminate some DMCA protections. Apple launched its much expected lawsuit against Mac clone maker Psystar, and a UK law firm went big on the pre-settlement shakedown game with over 100 lawsuits against file sharers. A court ruling about bots in World of Warcraft set a dangerous copyright precedent, and we saw some amusing DRM irony when Ubisoft broke its own game then fixed it by issuing a third-party DRM cracking tool as an official patch. And, sadly, despite an earlier rejection, the EU brought up copyright extension again and voted to bump the term of performance rights up from 50 to 95 years.

Fifteen Years Ago

This week in 2003, while the MPAA was fighting a bill just to spite the EFF, the RIAA was going nuts with its subpoenas to identify file sharers at a rate of about 75 per day. Two Catholic Universities quickly caved and turned students over to the RIAA, and while some studies suggested that file sharing was diminishing, there were also a lot of people passionately defending it.

Filed Under: history, look back

This Week In Techdirt History: July 8th - 14th

from the looking-back dept

Five Years Ago

This week in 2013, as dissection of the NSA leaks continued, we began to take a closer look at the secret FISA courts — which the DOJ didn't want anyone knowing about, even as a former FISC judge explained that he quit the court because it was out of control. We began to understand more about just how much the agency could learn from metadata, and saw the emergence of the silly argument that Facebook usage means people don't care about privacy. The NSA faced cultural backlash, with recruiters smacked down by university students and a disinvitation from the DEF CON conference. Then, the leaks revealed the NSA's cozy relationship with telcos and Microsoft — collaboration the agency cutely referred to as "team sports".

Ten Years Ago

This week in 2008, it became more and more clear how the entertainment industry was trying to use ACTA to sneak through copyright extension, and we balked at the capitulation of some computer makers to the RIAA's demands by disabling sound recording capabilities. We saw a mixed ruling in a case over limitations on the DMCA's anti-circumvention clause, a ruling from a German court saying that open WiFi owners are not responsible for file sharing done by users, and a massive backlash against Sweden's internet spying bill.

Fifteen Years Ago

This week in 2003, we saw an important ruling in favor of displaying thumbnails of copyrighted images. The RIAA launched an expected lawsuit against a Spanish site that claimed to offer legal downloads, a group of webcasters was threatening to sue the RIAA if they won't renegotiate royalty rates, and Kazaa failed with its wild swing at an antitrust lawsuit against the entertainment industry, while we took a look at the growing industry of folks getting rich by selling anti-filesharing services.

Filed Under: history, look back

This Week In Techdirt History: June 10th - 16th

from the special-edition dept

Five Years Ago

This week, instead of going through the usual look at what was happening five, ten and fifteen years ago, we're going to put all the focus on the events of this week in 2013. Why? Because it's the week that the revelations of NSA spying, which dropped last week, truly hit the fan. There was a whole lot of news about it, almost completely dominating Techdirt, and it's worth a closer look.

As the leaks kept coming, it was revealed that the source was Edward Snowden, who described his ability to wiretap anyone from his desk. As politicians scrambled to defend the program, the DOJ was trying to cover up the secret court ruling about it, and we realized the big scandal wasn't that the NSA did something illegal, but that it probably didn't.

Some defenders of the PRISM program tried to claim it helped stop an NYC subway bombing, but the evidence was lacking and even the Associated Press soon called bullshit. James Clapper was simultaneously claiming that the leaks were a danger to us all, and also no big deal, while the author of the Patriot Act stepped up to say NSA surveillance must end, and that the law was supposed to prevent data mining. It started becoming clear that the metadata story was the biggest one.

Some politicians began speaking out, with Senator Rand Paul calling for a class-action lawsuit against the NSA, and Senator Ron Wyden calling for congressional hearings, before a group of Senators got together to introduce a bill to end the secrecy of the FISA courts. One Senator had previously predicted a lot of this, but unfortunately he got voted out of office in 2010.

Meanwhile, a former NSA boss said the leaks show America can't keep secrets, even though they really showed the opposite. The public was divided in its opinion on the program, depending heavily on how the question was asked. And we pointed out that the leaks show the importance of Wikileaks and similar operations.

The backlash grew, with Derek Khanna calling for James Clapper to be impeached for lying, a team of 86 companies and other groups called on Congress to end the spying, and the ACLU suing the government for 4th amendment violations. Various former NSA whistleblowers spoke up in defense of Snowden and against the agency's practices. Of course, there was also some pathetic backlash in the other direction, with Rep. Peter King calling for the prosecution of journalists who report on the leaks, and Congress moving to improve secrecy instead of fixing the problem.

Then things began getting even worse, with the possibility emerging that the PRISM program enabled espionage against allies. A new leak at the end of the week revealed the NSA's talking points for defending itself, and sales of George Orwell's 1984 began to skyrocket, and... well, let's just say there's plenty more on the way in the coming weeks.

Filed Under: edward snowden, history, look back, nsa

This Week In Techdirt History: June 3rd - 9th

from the it-happened dept

Five Years Ago

The big news this week in 2013 came from leaked documents revealing that the NSA was harvesting call data from millions of Verizon subscribers, followed by a Washington Post report saying the agency had direct access to information from Google, Facebook, Skype, Apple and more. The NSA was quick to try to deny it and weasel out of the accusations, while Senators revealed that they already knew all about it, and James Clapper tried to place the blame on journalists for revealing the spying. Both Verizon and the other tech companies tried to deny things with carefully chosen words, and the Washington Post tried to quietly backtrack on its claims.

Ten Years Ago

This week in 2008, the Supreme Court refused to let MLB continue fighting to claim ownership of facts, while others were telling Viacom it should hope to lose its lawsuit against YouTube. UK authorities were charging users of the OiNK filehsaring network of conspiracy, while the push for a Canadian DMCA was rearing its head again and causing controversy. And the first attempt to academically look at takedown notices found, unsurprisingly, that a whole lot of them are garbage.

Fifteen Years Ago

This week in 2003, the RIAA was launching a new lawsuit against Morpheus while EMI was joining Universal in suing Napster's investors. One Senator was trying to rein in the anti-circumvention rules in the DMCA, while the Supreme Court was ruling that using public domain content doesn't require crediting the creator. And in a massive too-little-too-late move, Metallica finally put some music online.

Filed Under: history, look back