Happy Christmas

So the government have come up with another jolly wheeze to control the Internet, we have to opt in to be allowed to access “porn” on computers we pay for over connections provided at our expense by private companies.
Oh and as Anna Raccoon points out anything with too much of #FFE5B4 could be iffy. The implications of such restrictiosn have already been nicely covered by Leg Iron amongst others and Make it stop have suggested the tradtional internet response to anyone trying to block anything.
“Make lots more of it avaialble”
Or for those of a more classical bent the cry is
I am Pornacus!
Which is as good an excuse as any to post some seasonal eye candy.

And there was me thinking reports that the plan is to give parents the ability to “opt out” of getting porn on their computers. Which conjures the bizarre image of ISPs insisting that you install an application that will automatically download porn on your behalf. As they observe it’s already quite possible to not visit porn sites, and if you’re worried about your children downloading thigns they shouldn’t you can supervise them or invest in software to put on your own computer to stop porn there without anyone having to snoop on everyone’s internet usage. Though the details do suggest it’s intended to be far more of an opt-in to get porn than an opt-out.

Hello Santa!

Of course the Government sys they don’t “want” to legislate (and The Register oddly seem to have more faith in this expressed desire than I do) but I suspect as has happened before if the ISPs don’t make suitable movements the Government will find it self unfortunately forced to legislate due no doubt to popular demand. Of course if there really was popular demand you could opt for “porn filtering” as part of your internet provision (just as if there had been sufficient popular demand for smokefree pups they’d also have happened without legislation). I am quite prepared to believe them though when they say:
“We are not coming at this from an anti-porn perspective. We just want to make sure children aren’t stumbling across things we don’t want them to see
(emphasis mine) as there’s your feature creep right there, it’s about “children” seeing things the Government doesn’t want them to see, like say blogs that don’t think they’re doing a wonderful job? The Register may be right and this may just be about the Government being seen to make suitable noises for mumsnet and the like, bet even if that is the case no harm in making sure that they know it’s not just mumsnet they have to consider. As I think I’ve mentioned before challenging these stupid ideas every time they come up does seem to be the only option to prevent them becoming mainstream ideas and then accepted and acted upon. The thin end of the wedge may already be in with the recent legislation on “extreme pornography” also springs to mind as being an ill defined broadly worded Government imposed limit on content, but who could object to extreme pornography being controlled. Next up who can object to children being protected from porn?

Reassuringly the Inquirer does report that the ISP’s have said they can’t stop all porn, though that “all” may be the key point. The Government may just ask them to block most of it and do a better job of filtering as technology improves, and in the meantime the technology for filtering undesirable content gets put into place. Obviously the ISPs don’t want to put the technology in, but they are interested in monitoring and adjusting the content we receive for their own purposes (see: PHORM). So perhaps when there’s sufficient public demand that something must be done the Government might be amenable to a deal which lets the ISPs watch out traffic to add adverts and charge us more to access “premium” content, in return for which they block the content the Government asks and provide access to all that lovely traffic logging data, and it would help crack down on those nasty pirate and horrible wikileaks site. That way everyone wins, except of course us, free speech and trivial matters like that.

 

A couple of unrelated articles caught my eye a bit today and led me to wonder just how unrelated they really where, or rather to ponder the impact of both of them coming to pass.

Old Holborn highlighted the NUJ calling for state support for the vital democratic work of “proper” journalists. Rather than deal with their work not generally being worth much they like us all to be taxed and then given vouchers to give to “proper” news outlets. I figure this actually has a reasonable chance of getting implemented in some form, as it’s a neat way for the state to give journalists a bung and make them more dependent on the state. Exposed politicians expenses? That’s not the sort of thing a “proper” news outlet does, no more vouchers for you. The Journalists would be quite happy as the direct link between vouchers and payment probably wouldn’t last that long (due to the huge amount not being used) and once that link was broken they could sit back and publish state and corporate puff pieces whilst collecting their democracy dividend. The benefit for the state is obvious, even more control over a sometimes awkward press and of course more bureaucracy which would have to be paid for.

Meanwhile over in the US they’ve a new bill to give them the same sort of rights to block websites as our very own digital economy act does. Just like our version this allows “copyright holders” or at least large companies (as you can bet they won’t enforce any of it for content stolen from individuals by the MSM) to have domains pulled and ISPs forced to block any site which share “protected content”. I imagine wikileaks may somehow fall foul of that sooner or later. Of course as so much of the internet is still based in the US, the US aren’t stopping at just blocking sites nope, if you’re upsetting American copyright holders and have a top level domain (.com, .org etc.) then they’ll just freeze your domain. Even if what you’re doing isn’t illegal where you are.

So on the one hand you’ve got the mainstream media, asking for the state to support them out of taxes rather than compete against independent content/news providers, whilst at the same time the state is taking ever more draconian steps to remove anyone from the internet that upsets their MSM pals. Now putting on my best tin foil hat, and allowing for the fact that neither the state nor the MSM seem to be able to grasp the (currently) cheap cost of entry for on line publishing and the power of distributed systems, it does look rather like a concerted effort to stop the internet being an effective tool of the people. Once more they’re trying to shove the genie back into the bottle and regain the control of information that both the state and MSM have lost.

 

The original of this article is over on Copyright Action, but they seem to be having bandwidth issues so I reproduce it in it’s entirety here. (reproduced with permission and all copyright and content remains © Copyright Action 2008 – 2009).

When you’ve finished reading this consider a few things:
1) The police are generally unhappy at being photographed
2) How likely is it that the ICO provisions won’t be extended to all photographers after a suitable pause?
3) If we have our photographic copyrights removed today, what protects any of our other creative rights?
4) How much luck do you think you’ll have proving a picture was yours when trying to get the fees out of the Government?

If you’ve not done so already write to your MP it may not do any good but there is an election coming so they might listen for a change.

UK Gov nationalises orphans and bans non-consensual photography in public

The Digital Economy Bill : what’s yours is ours

The end game is now in sight. The Digital Economy Bill is now expected to become law within the next 6 weeks. It introduces orphan works usage rights, which – unless amended, which HMG says it will not – will allow the commercial use of any photograph whose author cannot be identified through a suitably negligent search. That is potentially about 90% of the photos on the internet.
Continue reading »

 

Currently the Digital economy bill, is still trundling it’s way through parliament without any proper debate or anyone much taking a look at it. On Thursday Harriet Harman will have to explain the Government’s plans for this bill so before then write to her and ask that it be given proper time for a full debate.

This in case you’ve forgotten is the bill that will block access to websites and cut off your internet access for alleged copyright infringement whilst at the same time allow anyone to make use of your photographs for anything if they think it’s an orphan work. So big business will remove you network connection or website because you used some old clip, whilst at the same time they’ll use any photo they like because it’s an “orphan work” honest and besides they’ve paid a notional sum to the Government to allow them to use it.

Really this bill is so bad it’s not even wrong.

 

I’ve been meaning to write about the Digital economy bill for a while, but life has been getting in the way and it just keeps getting sillier. Plus of course loads of other people are providing excellent commentary faster than I was getting round to it, but I’ve never let being late to the party stop me before.

The things that are wrong with this bill are almost too numerous to mention, it’s obviously written with either no technical understanding at all, or with the deliberate intent to be wide open to abuse. The current government does such things so often I’ve given up trying to work out if they’re deviously evil or just incompetent or even some odd mix of the two. The latest silliness added to this bill oddly doesn’t come from the government benches but from Lib Dem peers who want to be able to force ISPs to block “access to specified online locations“. Now not only is this silly it’s pointless. (it may be worth noting that the Lib Dem peer concerned gets money from a law firm specialising in copyright protection.

It’s pointless because it’s very easily circumvented, the internet was designed to work around points of failure. So if they block a site people will still be able to get to it using proxies, VPNs, the TOR network or various other methods. A lot of work has been done in solving the problem of blocked sites to deal with far more oppressive and organised regimes than this. Plus of course such banned sites will get more publicity than before they were blocked, as any number of banned lists in the past will testify.

It’s silly because very many “online locations” share an IP address with other “online locations”, so the usual way to block access to a site is to block the IP address. This will have huge amounts of collateral damage as such a block will also block access to all the other sites at that address. Think of it as closing down an entire shopping centre just because there’s a single dodgy shop tucked away in the corner. I imagine that the innocent sites blocked in such a manner might be a bit miffed and contemplate taking some action against the ISP’s so blocking them. Depending on how the required court orders are worded it gets sillier still. If the order says block “copyrighttheft.anonymong.org” then the blocked site can get out of that by just changing the name to “copyrighttheft2.anonymong.org” and if they make it more general and block “anonymong.org” well a new domain costs two quid.

Of course there is a way they could block a site by name and not by IP address, all they’d need to do is look in depth at your traffic, rather than just where it’s going, to see what it’s actually doing. Then they could tell which actual site on a shared server you wanted and only stop requests going to the banned site. This is called deep packet inspection and BT are currently in court about it – but on the upside it would cause the ISPs to have records of everywhere you’ve visited, and with only a tiny bit of feature creep what you’ve done on all of those sites. Such transaction records of course being subject to other legislation which requires the ISP to keep them for seven years just in case the government needs them – to stop terrorists of to protect the children or something.

All of this will of course have a cost, particularly as the bill now says that “the Court shall order the service provider to pay the copyright owner’s costs of the application unless there were exceptional circumstances justifying the service provider’s failure to prevent access despite notification by the copyright owner.“. Whilst this cost will be passed onto the end user pushing up your internet bill, the ISPs are also going to minimise the cost by just blocking things on notification rather than waiting for a court order they have to pay for. Ever since Lawrence Godfrey* ISPs have pretty much had to remove/block content on notification this will just make that situation worse. Though I strongly suspect that where someone such as Guido to ask that the BBC be blocked for violating his copyright** he’d probably not get such a helpful response. Ultimately the aim of this clause is to allow large corporate copyright holders to trample all over the net at no cost to themselves and with little or no risk.

For a more legal focused review of this clause you could go worse than reading panGloss‘s take on the matter.

I may attempt to tackle some of the other lunacy in this bill later.
Many thanks to Freya for passing on most of the links referenced above.

* Yeah, sorry about that.
** It’s worth remembering that by default you own the copyright to anything you create – without having to do anything. If some corporate site, or spotty oik in college nicks your graphic/music/content you could in theory get them blocked under this bill (good luck with that though if it’s not a spotty oik in college). This potentially makes this bill an incredible denial of service tool.

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