Tag Archives: Kader Arif

CISPA: the latest attack on freedom in America

A few months ago many were worrying about PIPA and SOPA, two US bills drafted ostensibly to protect intellectual property rights, but blocked thanks to widespread protests including the blackout of many internet sites – most notably wikipedia. Meantime, we have also seen the European Union attempting to ratify the international ‘anti-piracy’ ACTA treaty, this time ignoring not only public opinion, but the advice of two of their own appointed rapporteurs.1 So there has never been such a conspicuous rush by governments to take control of the internet, and to limit the free sharing of information, as we have seen during the last few months.

Combined with this, we also recently learned that the NSA are constructing a massive new centre for the purpose of the interception and storage of all email and other personal data passing through the United States. Finally, we see how this unlawful intrusion on personal privacy is to be legitimised, by, of course, yet another draft of internet regulation: the Cyber Intelligence Sharing and Protection Act, which passed yesterday in the House of Representatives:

On a bipartisan vote of 248-168, the Republican-controlled House backed the Cyber Intelligence Sharing and Protection Act (Cispa), which would encourage companies and the federal government to share information collected on the internet to prevent electronic attacks from cybercriminals, foreign governments and terrorists.2

Taken from a report in today’s Guardian.

American Civil Liberties Union (ACLU) legislative counsel Michelle Richardson has since made the following statement:

“CISPA goes too far for little reason. Cybersecurity does not have to mean abdication of Americans’ online privacy. As we’ve seen repeatedly, once the government gets expansive national security authorities, there’s no going back. We encourage the Senate to let this horrible bill fade into obscurity.”3

The ACLU is also holding out hope that the Obama administration will now veto the bill as it is threatening to do. The Guardian also reports that The House of Representatives “ignored objections from Barack Obama’s administration” by approving the legislation. But now let us rewind just a little. This is taken from another Guardian article published in December last year:

Barack Obama has abandoned a commitment to veto a new security law [NDAA 2012] that allows the military to indefinitely detain without trial American terrorism suspects arrested on US soil who could then be shipped to Guantánamo Bay.4

The same article goes on to say:

Human rights groups accused the president of deserting his principles and disregarding the long-established principle that the military is not used in domestic policing.

Returning to CISPA, and in contrast to the outcry over SOPA and PIPA, it is interesting to note that all of the major corporations involved with the internet have been supporting the bill. No blackout of wikipedia, or any other major sites. What do these companies have to gain? Here’s Michelle Richardson speaking on yesterday’s Democracy Now! :

[And] frankly, they’re going to make out like bandits. Under this bill, if they share our private information, they get complete protection from liability. Consumers will no longer be able to assert their privacy rights that exist under current law and hold them accountable in court. They can’t be prosecuted by the government like they currently can for illegal wiretapping or sharing information. They’re getting FOIA exemptions, so that no one will ever know about these breaches or the things that they share with the government. They’re really walking away here with maximum flexibility to share our personal information with minimum accountability and no enforcement to make sure that they are not oversharing and infringing on our privacy.5

Click here to watch video and read the full transcript of the Democracy Now! interview

Asked what the prospects are of the legislation passing, Richardson replies:

Well, we were very, very pleased to see that the Obama administration issued a veto threat yesterday and said, in very clear terms, that they believe that control of the internet needs to remain civilian, and the military shouldn’t be routinely collecting information on innocent people.

Very, very pleased to see that the Obama administration issued a veto threat… Why so pleased? Can it be that Richardson and the rest of ACLU are suffering some form of amnesia? Have they forgotten that Obama reneged on his promise not to authorise the NDAA ‘indefinite detention’ act less than four months ago? Are they also oblivious to the fact that the necessary facilities for such widespread domestic surveillance is now being constructed in a heavily fortified centre in Bluffdale, Utah at a cost of $2 billion? So Obama isn’t fighting the same corner. Surely by now that’s obvious, isn’t it?

“But why did he do it?” a friend said to me, soon after Obama had given the go-ahead for indefinite detention without trial. This common response simply reminds me of the question the drowning frog asks the scorpion in the fable.6 The answer being, if you remember, “I couldn’t help it – I’m a scorpion”.

1 Kader Arif resigned in protest on January 26 denouncing the treaty “in the strongest possible manner” for having “no inclusion of civil society organizations, a lack of transparency from the start of the negotiations, repeated postponing of the signature of the text without an explanation being ever given, [and] exclusion of the EU Parliament’s demands that were expressed on several occasions in [the] assembly,” concluding with his intent to “send a strong signal and alert the public opinion about this unacceptable situation” and refusal to “take part in this masquerade.”

The newly appointed rapporteur, British MEP David Martin, also recommended against the treaty, stating “The intended benefits of this international agreement are far outweighed by the potential threats to civil liberties”.

2 From an article entitled “Cispa cybersecurity bill passed by House of Representatives”, from Associated Press, published in the Guardian on April 27, 2012. http://www.guardian.co.uk/technology/2012/apr/27/cispa-cybersecurity-bill-passed-senate

4 From an article entitled “Military given go-ahead to detain US terrorist suspects without trial: civil rights groups dismayed as Barack Obama abandons commitment to veto new security law contained in defence bill”, written by Chris McGreal, published in the Guardian on December 15, 2011. http://www.guardian.co.uk/world/2011/dec/15/americans-face-guantanamo-detention-obama

6 A frog and a scorpion are trying to cross a river. “Hello Mr. Frog!” says the scorpion across the water, “Would you be so kind as to give me a ride on your back across the river?”

Well now, Mr. Scorpion! How do I know that if I try to help you, you won’t try to kill me?” asked the frog.

Because,” the scorpion replied, “If I try to kill you, then I would die too, for you see I cannot swim!”

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ACTA is a treaty drawn up by pirates and for pirates

With SOPA and PIPA kicked into the long grass, another attempt to close down free speech on the internet is now coming under scrutiny. ACTA, the “Anti-Counterfeiting Trade Agreement”, is yet another draft of legislation that is ostensibly for the purpose of enforcing intellectual property rights, although unlike SOPA and PIPA, ACTA is an international treaty. (And apologies for such an obfuscation of acronyms — I presume that’s the correct collective noun).

ACTA, which establishes its own governing body outside existing international institutions such as the WTO, the World Intellectual Property Organization (WIPO) or even the United Nations, was originally signed by countries including Australia, Canada, Japan, and the United States back on October 1st 2011.

When, last Thursday [Jan 26th], twenty-two of the European Union member states including the UK also signed the agreement, French Member of the European Parliament, Kader Arif, was so angered by “manoeuvres” used to get the bill approved, that he immediately resigned in protest from his position as rapporteur:

Negotiations over a controversial anti-piracy agreement have been described as a “masquerade” by a key Euro MP.

Kader Arif, the European Parliament’s rapporteur for the Anti-Counterfeiting Trade Agreement (Acta), resigned over the issue on Friday.

He said he had witnessed “never-before-seen manoeuvres” by officials preparing the treaty.1

And Kader Arif made the following statement:

“I condemn the whole process which led to the signature of this agreement: no consultation of the civil society, lack of transparency since the beginning of negotiations, repeated delays of the signature of the text without any explanation given, reject of Parliament’s recommendations as given in several resolutions of our assembly.”

Click here to read the full BBC news article.

In Poland, tens of thousands of demonstrators also voiced opposition to their own government’s signature to the ACTA agreement:

Crowds of mostly young people held banners with slogans such as “no to censorship” and “a free internet”.

Earlier in the week, hackers attacked several Polish government websites, including that of Prime Minister Donald Tusk.2

Russia Today reported that the Anonymous group had earlier sent out ‘a stern warning’ to the Polish authorities, issuing what was little short of a blackmail note:

“Polish government – we are more powerful than you. We have a lot of your files and personal information. We warn you to exercise caution” which was published on pastebin.com.

The scope of ACTA is more expansive than SOPA and PIPA, not merely geographically, but because it aims to establish and enforce global standards in many other areas. Here’s analysis of how the new legislation will affect the lives of people across the world, published in Forbes:

Worse, it appears to go much further than the internet, cracking down on generic drugs and making food patents even more radical than they are by enforcing a global standard on seed patents that threatens local farmers and food independence across the developed world.

Despite ACTA’s secrecy, criticism of the agreement has been widespread. Countries like India and Brazil have been vocal opponents of the agreement, claiming that it will do a great deal of harm to emerging economies.

I’ll have more on the agreement as it emerges. But to briefly sum up, according to critics of the agreement:

  • ACTA contains global IP provisions as restrictive or worse than anything contained in SOPA and PIPA.
  • ACTA spans virtually all of the developed world, threatening the freedom of the internet as well as access to medication and food. The threat is every bit as real for those countries not involved in the process as the signatories themselves.
  • ACTA has already been signed by many countries including the US, but requires ratification in the EU parliament.
  • ACTA was written and hammered out behind closed doors. While some of the provisions have been taken out of the final US draft, plenty of unknowns still exist. It’s not nearly clear enough how the agreement will affect US laws.3

Click here to read more details in Forbes.

With regards to the internet, the tightening of control on websites will automatically lead to the closer scrutiny of all internet users:

Under ACTA, internet service providers are virtually obliged to monitor all user activity for possible copyright violations. It also gives trademark owners and officers of the law great authority to violate privacy while investigating suspected infringements.4

Rick Falkvinge, the founder of the Swedish Pirate Party, told Russia Today that the ACTA copyright protection treaty is an “excellent example of abuse of power by the corporate industry”:

“This legislation about putting people in jail was negotiated by corporations and the lawmakers just got it in their lap,” he explained. “That is not how a democratic society should work, quite regardless of what this law says.”

Click here to read the full Russia Today article.

Jonathan Swift famously said that “laws are like cobwebs, which may catch small flies, but let wasps and hornets break through.” ACTA is a perfect example of Swift’s observation, drawn up in order to serve the interests of the biggest pirates of our economies. The pirates at the helm of the megabanks who continue to force whole nations to surrender their wealth to bail them out on the basis of threats from their pirate buddies at the credit rating agencies. And the multinational corporate pirates who refuse to pay up their modest contribution in taxes, preferring to bury their treasures in offshore havens.

We already have laws to bring many of the major pirates to justice, but these laws are rarely used for such purposes. Regulations that haven’t so far been axed are increasingly being ignored. Meanwhile, bills like SOPA, PIPA and ACTA have been drawn up to further choke opposition, opening the way for greater corporate control over our lives. All of this so-called ‘anti-piracy’ legislation is nothing but humbug, and poisonous humbug at that. The signing of ACTA, which is clearly designed to squeeze out the little guy and stifle the independent voice, represents just another miserable step towards a globalised corporate tyranny. In short, ACTA was written by the pirates and for the pirates.

1 From an article entitled “European Parliament rapporteur quits in Acta protest” written by Dave Lee, published by BBC news on January 27, 2012. http://www.bbc.co.uk/news/technology-16757142

2 From an article entitled “ACTA action: Poland signs up to ‘censorship’ as 20,000 rage”, published by Russia Today on January 26, 2012. http://rt.com/news/acta-poland-internet-government-745/

3 From an article entitled “If You Thought SOPA Was Bad, Just Wait Until You Meet ACTA”, written by E.D. Kain, published by Forbes on January 23, 2012. http://www.forbes.com/sites/erikkain/2012/01/23/if-you-thought-sopa-was-bad-just-wait-until-you-meet-acta/

4  http://rt.com/news/acta-poland-internet-government-745/

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