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<title>Techdirt. Stories filed under &quot;democracy&quot;</title>
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<item>
<pubDate>Thu, 18 Apr 2013 07:40:54 PDT</pubDate>
<title>Canadian Politician Removed From Provincial Assembly For Threats She Didn't Make On Facebook Group She Didn't Join</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130417/10325622744/canadian-house-member-removed-threats-she-didnt-make-facebook-group-she-didnt-join.shtml</link>
<guid>http://www.techdirt.com/articles/20130417/10325622744/canadian-house-member-removed-threats-she-didnt-make-facebook-group-she-didnt-join.shtml</guid>
<description><![CDATA[ <p>
We've heard stories in the past about people being blamed for the comments of others on Facebook groups, such as an attempt to hold parents responsible for the <a href="https://www.techdirt.com/articles/20100726/17175310364.shtml">groups</a> their children join. While my position is that such blaming is reactionary and silly, there is at least a modicum of a tangential relationship between the parties. So what should the response be if such a relationship doesn't exist? What if someone is added to a group without their knowledge and members of that group advocate violence? What should be done then?
<br /><br />
Well, if you're a member of the Newfoundland House of Assembly in Canada, <a href="http://www.cbc.ca/news/canada/newfoundland-labrador/story/2013/04/16/nl-dunderdale-threats-416.html">apparently you are removed from the house of assembly proceedings entirely</a>. Such was the case with Gerry Rogers.
<blockquote>
<i>Earlier Tuesday, Justice Minister Darin King said Rogers was a member of the Facebook group Kathy Dunderdale must GO!!! in which users had posted comments containing death threats against the premier.</i></blockquote>
<blockquote>
<i>"What kind of message is that sending to the people of the province, to our children in the province, when we talk about bullying and harassment and intimidation?" said King.</i></blockquote>
Bullying? Well, the definition of the verb is "to treat abusively; to affect by means of force or coercion." Call me crazy, but it seems to me that forcing someone out of the duties of their elected office as a means for coercing them to apologize for something she had absolutely nothing to do with sort of meets the criteria, doesn't it? That's exactly what happened here, as Rogers aptly contends.
<blockquote>
<i><b>"I did not join this Facebook group,"</b> Rogers told reporters during the recess. Rogers said that she thinks that the government does not understand how Facebook groups work. "I was added to this group without my knowledge, without permission, and by somebody that I do not know," said Rogers.</i></blockquote>
Premier Kathy Dunderdale, against whom the threats were made, responded specifically to that point, insisting that the government did indeed understand how Facebook groups operate, but it's up to each member of government to monitor all the comments on all the groups they belong to, whether they had chosen to belong to them or not. She also said:
<blockquote>
<i>"I'm not going to be bullied or intimidated into doing something that I don't think is in the best interests of the people in this province," said Dunderdale.</i></blockquote>
No, Madame Premier, that privilege appears to be reserved for Gerry Rogers, and the people she represents, I might add, unless your government wants to rethink its concepts over whether to blame people for the actions of others.
<br /><br />
</p><br /><br /><a href="http://www.techdirt.com/articles/20130417/10325622744/canadian-house-member-removed-threats-she-didnt-make-facebook-group-she-didnt-join.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130417/10325622744/canadian-house-member-removed-threats-she-didnt-make-facebook-group-she-didnt-join.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130417/10325622744/canadian-house-member-removed-threats-she-didnt-make-facebook-group-she-didnt-join.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wut?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130417/10325622744</wfw:commentRss>
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<pubDate>Wed, 10 Apr 2013 14:43:00 PDT</pubDate>
<title>How Multilateral Free Trade Agreements Are Bypassing Democratic Decision-Making Around The World</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130404/11574022580/how-multilateral-free-trade-agreements-are-bypassing-democratic-decision-making-around-world.shtml</link>
<guid>http://www.techdirt.com/articles/20130404/11574022580/how-multilateral-free-trade-agreements-are-bypassing-democratic-decision-making-around-world.shtml</guid>
<description><![CDATA[ <p>
One of the most worrying aspects of ACTA -- which began life as a "simple" treaty about combatting counterfeit goods -- was how it morphed into a new approach to global policy making.  This had two key aspects.  First, the treaty would be negotiated in secret, with minimal input from the public, but plenty from lobbyists, who were given access to key documents and to negotiators.  Secondly, the results of those secret negotiations were designed to constrain the participating governments in important ways that nullified ordinary democratic decision-making.  If at all, representative bodies were presented with a take-it-or-leave it choice; changing individual details was not an option.
</p>
<p>
That, in its turn, meant that public in those countries had very little chance to fight harmful provisions in a treaty, since the only way to do that was to persuade their government to reject it completely, which was extremely difficult after the years of negotiation.  The European Parliament's dramatic <a href="https://www.techdirt.com/articles/20120704/07533019579/european-parliament-declares-its-independence-european-commission-with-massive-rejection-acta-now-what.shtml">refusal</a> to agree to ACTA was largely because of the unusual division of power in the European Union.
</p>
<p>
TPP has adopted exactly the same process: negotiations behind closed doors, but this time, without even the occasional official release of drafts as happened with ACTA (luckily, there have been leaks.)  And assuming the negotiations are concluded successfully, it is likely that national legislatures will be presented with the same take-it-or-leave-it offer, with huge pressure to accept.
</p>
<p>
More recently, the newly-announced transatlantic free trade agreement (TAFTA) between the US and the EU is gaining momentum, not least in terms of the countries that may ask to join.  At the last count, these included <a href="https://www.techdirt.com/articles/20130313/10181122311/mexico-will-ask-to-join-us-eu-transatlantic-trade-agreement.shtml">Mexico, Canada</a> and <a href="https://www.techdirt.com/articles/20130318/11050622367/now-us-wants-transatlantic-free-trade-agreement-with-european-union-to-include-turkey-whos-next.shtml">Turkey</a>.  The <a href="http://www.bilaterals.org/spip.php?article22954">US has also started talking to West African states about a free trade agreement</a>, and it's easy to see that being rolled into TAFTA at some point.
</p>
<p>
TPP is also expanding rapidly.  Mexico and Canada have already <a href="https://www.techdirt.com/articles/20120618/15271219371/us-invites-mexico-canada-to-join-tpp-negotiations-with-less-power.shtml">joined</a>, under pretty humiliating terms, while Japan has signalled that it <a href="http://www.bbc.co.uk/news/business-21799683">wishes</a> to do so.  Recently we learned that <a href="http://www.tax-news.com/news/No_Deadlines_On_South_Korea_Taiwan_TPP_Accession______60206.html">South Korea and Taiwan are considering applying</a>.
</p>
<p>
As we've <a href="https://www.techdirt.com/articles/20130313/10181122311/mexico-will-ask-to-join-us-eu-transatlantic-trade-agreement.shtml">noted</a> before, putting together TPP and TAFTA, it's striking how they include all of the world's biggest economies outside the so-called BRICS group of emerging countries -- Brazil, Russia, India, China and South Africa.  The natural response to being locked out of the two US-centric trade areas would be to form their own, and in fact <a href="http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/india-to-hold-fta-plus-talks-with-customs-union-troika/article4579024.ece">India has begun talks with the Customs Union of Russia, Belarus and Kazakhstan</a> about a free trade agreement.  Significantly, enlarging that to including other nearby countries is already being mooted:

<i><blockquote>Kazakhstan's neighbour Kyrgyzstan is likely to be the fourth entrant and Tajikistan could over time be the fifth country to joint the Customs Union. Ukraine, Armenia and Moldovia would also be moving close to the Customs Union but for some time they are likely to be the first three countries outside the core.</blockquote></i>

Meanwhile, <a href="http://abclocal.go.com/kfsn/story?section=news/business&#038;id=9045293">China is keen to form a major trade bloc with South Korea and Japan</a>:

<i><blockquote>"China's intention is to first form a Northeast Asian economic cooperation that excludes the U.S. while Japan can't sit still as South Korea advances to the Chinese market with Korea-China free trade talks," said Heo Yoon, a professor at Sogang University Graduate School of International Studies.</blockquote></i>

It's easy to imagine other countries that are part of the Association of Southeast Asian Nations (ASEAN) Free Trade Area joining the group if and when formal negotiations get underway, not least because <a href="https://en.wikipedia.org/wiki/ASEAN_Free_Trade_Area#Related_free_trade_areas">ASEAN already has free trade agreements with China, Japan and South Korea</a>.
</p>
<p>
Although bilateral trade agreements are hardly new -- <a href="https://en.wikipedia.org/wiki/List_of_bilateral_free_trade_agreements">Wikipedia lists dozens of them, some going back to the 1980s</a> -- there has definitely been a step-change recently.  Increasingly, the emphasis is on joining multilateral free trade agreements like TPP and TAFTA, involving significant numbers of countries.  On the part of smaller nations, their interest is probably driven by a fear of getting shut out of key markets.  But for the bigger players -- notably the US and EU -- it's a convenient way of imposing unpalatable policies not just on the citizens of other countries, but on their own, too.
</p>
<p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a>
</p><br /><br /><a href="http://www.techdirt.com/articles/20130404/11574022580/how-multilateral-free-trade-agreements-are-bypassing-democratic-decision-making-around-world.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130404/11574022580/how-multilateral-free-trade-agreements-are-bypassing-democratic-decision-making-around-world.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130404/11574022580/how-multilateral-free-trade-agreements-are-bypassing-democratic-decision-making-around-world.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>behind-closed-doors</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130404/11574022580</wfw:commentRss>
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<pubDate>Fri, 15 Mar 2013 03:36:04 PDT</pubDate>
<title>UK Politician Says EU Site Wants To 'Brainwash' Children With Propaganda About Democratic Principles</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20130312/10295122299/uk-politician-says-eu-site-wants-to-brainwash-children-with-propaganda-about-democratic-principles.shtml</link>
<guid>http://www.techdirt.com/articles/20130312/10295122299/uk-politician-says-eu-site-wants-to-brainwash-children-with-propaganda-about-democratic-principles.shtml</guid>
<description><![CDATA[ <p>
The UK is famous for its tabloid newspapers and their particular brand of journalism.  Here's a fine example from the Daily Express, under the headline "<a href="http://www.express.co.uk/news/world/383565/EU-attempts-to-brainwash-children-with-sinister-Soviet-style-propaganda">EU attempts to brainwash children with 'sinister Soviet-style propaganda'</a>":

<i><blockquote>European Parliament chiefs are considering setting up a site to target young children with a "playful" presentation of their working methods and democratic principles.</blockquote></i>

The Daily Express story is mainly built around a few quotations from the politician Paul Nuttall.  He belongs to the UK Independence Party, whose <a href="http://www.ukip.org/content/ukip-policies/2553-what-we-stand-for">policy in a nutshell</a> is as follows:

<i><blockquote>the rescue of the British people depends on withdrawal from the EU to regain our self-governing democracy</blockquote></i>

So it's no surprise that Nuttall has a slightly jaundiced view of anything the European Parliament does.  Here are a few of of his comments in the article:

<i><blockquote>this exercise in funding kiddie propaganda really is cash for EU trash.
<br /><br />
...
<br /><br />
Our children need to be  protected from this type of  political propaganda because they are vulnerable and easily manipulated.
<br /><br />
&#8230;
<br /><br />
Political propaganda on vulnerable kids is a form of child abuse.</blockquote></i>

What's fascinating here is his choice of words: "kiddie propaganda", "vulnerable and easily manipulated", "a form of child abuse".  Whether consciously or not, clear parallels are being drawn here with pornography and even child pornography ("kiddie propaganda") through the use of phrases that are familiar from those fields.
</p>
<p>
It's also striking that the image chosen by the Daily Express to illustrate the story is the classic perplexed child staring at a screen whose contents we cannot see -- the implication being that there is something <b>bad</b> there, but that we are powerless to protect the innocence of the young viewer.  That, too, is something of <a href="http://www.time.com/time/covers/0,16641,19950703,00.html">a clich&eacute; in articles about pornography</a>, and it's disconcerting to see it being wheeled out here for an article about promoting democratic principles.
</p>
<p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a>
</p><br /><br /><a href="http://www.techdirt.com/articles/20130312/10295122299/uk-politician-says-eu-site-wants-to-brainwash-children-with-propaganda-about-democratic-principles.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130312/10295122299/uk-politician-says-eu-site-wants-to-brainwash-children-with-propaganda-about-democratic-principles.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130312/10295122299/uk-politician-says-eu-site-wants-to-brainwash-children-with-propaganda-about-democratic-principles.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>reading-too-much-into-it</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130312/10295122299</wfw:commentRss>
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<pubDate>Fri, 13 Jul 2012 08:40:00 PDT</pubDate>
<title>UK Government Wants To Give Itself Power To Change Copyright Law Without Full Parliamentary Scrutiny</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120713/04272619683/uk-government-wants-to-give-itself-power-to-change-copyright-law-without-full-parliamentary-scrutiny.shtml</link>
<guid>http://www.techdirt.com/articles/20120713/04272619683/uk-government-wants-to-give-itself-power-to-change-copyright-law-without-full-parliamentary-scrutiny.shtml</guid>
<description><![CDATA[ <p>A common feature of democracies is that new laws are scrutinized and debated by representatives of the people before they are passed -- the hope being that bad proposals can be amended or discarded.  Laws giving governments the power to change other laws with only minimal oversight are therefore generally regarded as a Bad Thing.  But that's exactly <a href="http://www.out-law.com/en/articles/2012/july/copyright-exception-law-could-be-changed-without-full-parliamentary-scrutiny/">what the UK government plans to introduce</a>, as this article on the Out-Law.com site explains:

<i><blockquote>The Government has outlined proposals to change UK copyright law to allow the Business Secretary to draw up any future laws affecting exceptions to copyright and rights in performances in the form of new regulations. The regulations would be contained in a statutory instrument, a draft of which would need to be "laid before and approved by resolution of each House of Parliament" before it could come into force.</blockquote></i>

However, that "approval by resolution" can be pretty minimal compared to the process required for passing new laws:

<i><blockquote>Acts of Parliament must be read, subject to further scrutiny and debate and approved by both the House of Commons and the House of Lords before they can come into law. However, new regulations in the form of statutory instruments can often be introduced without the same level of scrutiny or debate.</blockquote></i>

This power to change laws without Parliamentary approval is known as a "<a href="http://en.wikipedia.org/wiki/Henry_VIII_clause#Henry_VIII_clauses">Henry VIII clause</a>", since that monarch also availed himself of their convenience.
</p><p>
Such a meta-law that allows other laws to be changed without full scrutiny is potentially a dangerous thing, but it does cut both ways.  It's true that it would permit the UK government to make copyright law even more unbalanced, but it might also allow it to move in the other direction, something already raised during discussions about this new power:

<i><blockquote>representatives from the creative industries had expressed "real concern" about plans to further liberalise the use of copyrighted material.</blockquote></i>

Their evident fear is that the UK government might bring in new exceptions to copyright pretty much without debate, and therefore in a way that they could not so easily fight using traditional lobbying techniques.
</p><p>
Although that would be a welcome result in terms of updating copyright, its benefit is probably outweighed by the long-term risk of such a Henry VIII clause being used by a future UK government to make copyright worse.  On balance, it's preferable to have laws discussed and debated in the normal democratic way, rather than simply trusting governments to use their absolute powers wisely.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20120713/04272619683/uk-government-wants-to-give-itself-power-to-change-copyright-law-without-full-parliamentary-scrutiny.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120713/04272619683/uk-government-wants-to-give-itself-power-to-change-copyright-law-without-full-parliamentary-scrutiny.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120713/04272619683/uk-government-wants-to-give-itself-power-to-change-copyright-law-without-full-parliamentary-scrutiny.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>henry-viii-would-be-proud</slash:department>
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<pubDate>Thu, 16 Feb 2012 08:55:58 PST</pubDate>
<title>IFPI &#038; Other Lobbyists Tell Parliament That ACTA Protests Silence The Democratic Process</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120215/04435217767/ifpi-other-lobbyists-tell-parliament-that-acta-protests-silence-democratic-process.shtml</link>
<guid>http://www.techdirt.com/articles/20120215/04435217767/ifpi-other-lobbyists-tell-parliament-that-acta-protests-silence-democratic-process.shtml</guid>
<description><![CDATA[ This is really incredible.  Apparently IFPI (the international RIAA, basically) penned a letter to European Parliament members concerning the <a href="http://www.techdirt.com/articles/20120213/00095017737/mass-protests-against-acta-all-across-europe.shtml">widespread ACTA protests</a> claiming that <a href="http://www.iptegrity.com/index.php/acta/744-ifpi-accuses-protests-silence-democratic-process" target="_blank">these "protests silence the democratic process."</a>
<blockquote><i>
Over the past two weeks, we have seen coordinated attacks on democratic institutions such as the European Parliament and national governments over ACTA. The signatories to this letter and their members stand against such attempts to silence the democratic process. Instead, we call for a calm and reasoned assessment of the facts rather than the misinformation circulating.
</i></blockquote>
That's quite a statement.  We'd heard some SOPA/PIPA supporters <i>hint</i> at views like that, but not quite so blatant.  Let's be clear: the protests and the public speaking out <b><i>are the democratic process</i></b>.  They're not silencing the democratic process in any way.  To suggest that people speaking out over their own viewpoint somehow silences the process, is to redefine "the democratic process" to be something entirely different than what most people believe.<br /><br /><a href="http://www.techdirt.com/articles/20120215/04435217767/ifpi-other-lobbyists-tell-parliament-that-acta-protests-silence-democratic-process.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120215/04435217767/ifpi-other-lobbyists-tell-parliament-that-acta-protests-silence-democratic-process.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120215/04435217767/ifpi-other-lobbyists-tell-parliament-that-acta-protests-silence-democratic-process.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>actually,-it's-the-opposite</slash:department>
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<pubDate>Wed, 15 Feb 2012 08:52:57 PST</pubDate>
<title>The Pirate Bay's Peter Sunde Questions Why We Let Dying Industries Dictate Terms Of Democracy</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120214/01404517751/pirate-bays-peter-sunde-questions-why-we-let-dying-industries-dictate-terms-democracy.shtml</link>
<guid>http://www.techdirt.com/articles/20120214/01404517751/pirate-bays-peter-sunde-questions-why-we-let-dying-industries-dictate-terms-democracy.shtml</guid>
<description><![CDATA[ Peter Sunde, a very thoughtful and insightful guy, who's been completely demonized by the entertainment industry for his role with The Pirate Bay, has written up an interesting piece for Wired UK where he not only <a href="http://www.wired.co.uk/news/archive/2012-02/13/peter-sunde-evolution" target="_blank">goes over highly questionable issues related to his conviction</a>, but raises a larger question about why we, as a society, allow one obsolete industry to have so much power in government and policy issues.  The connections between those involved in his prosecution and the entertainment industry are simply too numerous to be fair:
<blockquote><i>
<p>The Swedish prosecutor sent out a memo in 2006 saying
that <a href="http://rixstep.com/2/1/20101017,00.shtml">TPB
wasn't guilty of "main" crimes</a> -- at best it aids and
abets (he also mentioned that the people running TPB were very
clever). But Hollywood was not happy with this and forced the
Swedish Minister of Justice to visit the White House and talk about
it. The United States told Sweden that if they didn't get rid of
the site, they would not be allowed to trade with the US!</p>

<p>The minister (illegally) told the prosecutor what had happened
which forced him <a href="http://www.wired.com/threatlevel/2008/02/the-pirate-bay/">to raid
TPB</a> -- only a few weeks after sending out that memo about
how legal it was.</p>

<p>Evidently, Warner Brothers felt that the investigation was
taking too long. The studio contacted the police officer in charge
of the investigation (one person that worked mostly by himself) and
before I had even been questioned by him, he interviewed for a job
with Warner Brothers.</p>

<p>When we found out  <a href="http://torrentfreak.com/warner-confesses-pirate-bay-cop-compromised-080605/">
he'd been hired</a> (by him changing his employer from
"Polisen" to "Warner Bros" on Facebook) the reply we got was that
it was proof that Swedish IT police are of such high caliber that
even the big US companies would hire them.</p>

<p>I got promoted from "witness" to "suspect" a week after the job
was promised.</p>

<p>During the trial it turned out that the <a href="http://www.wired.com/threatlevel/2009/04/pirateconflict/" title="Pirate Bay Judge Exposed as Member of Pro-Copyright Groups">judge
was the chairman for the Swedish pro-copyright society</a>, one lay
judge ran a record company, another one was formerly the chairman
for the songwriter lobby organisation. I could go on.</p>
</i></blockquote>
It's stories like this that raise significant questions about the prosecution.  Even if you believe that Sunde was guilty of what he was charged with, I would think you should be able to admit that the list of things above should not have happened under any circumstance.  When you read that... and then realize that the guy leading the prosecution against Megaupload for the US DOJ <a href="http://news.cnet.com/8301-31001_3-57364004-261/u.s-attorney-chasing-megaupload-is-former-piracy-fighter/" target="_blank">used to work for the industry</a> as an "anti-piracy" exec -- you see the same pattern happening again and again.  People who have too close connections to industry are making decisions on these issues designed to protect their industries, rather than looking at the actual impact on society and the economy.  That's a pretty big problem, and shows how "regulatory capture" can sometimes become "judicial capture" as well.<br /><br /><a href="http://www.techdirt.com/articles/20120214/01404517751/pirate-bays-peter-sunde-questions-why-we-let-dying-industries-dictate-terms-democracy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120214/01404517751/pirate-bays-peter-sunde-questions-why-we-let-dying-industries-dictate-terms-democracy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120214/01404517751/pirate-bays-peter-sunde-questions-why-we-let-dying-industries-dictate-terms-democracy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>seems-like-a-reasonable-question</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120214/01404517751</wfw:commentRss>
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<pubDate>Wed, 18 Jan 2012 21:35:50 PST</pubDate>
<title>8 Million People Looked Up Their Elected Officials' Contact Info During Wikipedia Blackout</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120118/21231917462/8-million-people-looked-up-their-elected-officials-contact-info-during-wikipedia-blackout.shtml</link>
<guid>http://www.techdirt.com/articles/20120118/21231917462/8-million-people-looked-up-their-elected-officials-contact-info-during-wikipedia-blackout.shtml</guid>
<description><![CDATA[ Think the blackouts were just a "publicity stunt" that didn't wake up the American people to a serious problem with the legislative process?  Wikipedia has now revealed that <a href="http://en.wikipedia.org/wiki/Wikipedia:SOPA_initiative/Learn_more" target="_blank">an astounding <b>eight million people</b></a> used its tool to look up their elected officials' contact info.  It's not yet clear how many actually called, but some information on calls is starting to come out, and it sure sounds like a lot of people called.  We heard from multiple Senate staffers that the phones -- both in DC and back home in the district offices -- were ringing non-stop with complaints about the bill.  Our own calling widget, care of Engine Advocacy, got a tremendous amount of usage -- including over 2,000 phone calls per minute at peak calling times.  Meanwhile, Google's online petition scored <a href="http://latimesblogs.latimes.com/technology/2012/01/google-anti-sopa-petition.html" target="_blank">4.5 million signatures</a>... and that's the number that was reported earlier in the day.  I'm sure it was higher by the end of the day.  Anyone think this isn't a mainstream issue yet?  More importantly, can anyone explain why various Senators still want to move forward with this bill?<br /><br /><a href="http://www.techdirt.com/articles/20120118/21231917462/8-million-people-looked-up-their-elected-officials-contact-info-during-wikipedia-blackout.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120118/21231917462/8-million-people-looked-up-their-elected-officials-contact-info-during-wikipedia-blackout.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120118/21231917462/8-million-people-looked-up-their-elected-officials-contact-info-during-wikipedia-blackout.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>4.5-million-signed-google-petition</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120118/21231917462</wfw:commentRss>
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<pubDate>Tue, 31 May 2011 22:09:00 PDT</pubDate>
<title>Hacking Egypt For Better Democracy</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110527/09042014454/hacking-egypt-better-democracy.shtml</link>
<guid>http://www.techdirt.com/articles/20110527/09042014454/hacking-egypt-better-democracy.shtml</guid>
<description><![CDATA[ Having already covered how hackers from Anonymous have been taking part from afar in various <a href="http://www.techdirt.com/articles/20110520/15384614363/international-lulz-anonymous-aids-rebellions-tunisia-algeria-libya.shtml">middle east uprisings</a>, it's probably worth noting that some other folks are doing some cool hacking projects as well, including a <a href="http://www.fastcompany.com/1755509/hacking-the-egyptian-revolution" target="_blank">Hackathon for Egypt</a> effort, that brought together hackers and activists to see if new technologies could be built that might be useful to implementing a more democratic system in Egypt.  For example, some folks put together a platform for crowdsourcing the creation of a Constitution:
<blockquote><i>
The conference's most intriguing result was a <a href="http://cloudcamp.uservoice.com/forums/114129-hackforegypt/suggestions/1789671-a-crowdsourcing-platform-to-negotiate-the-new-egyp?ref=title">platform for crowdsourcing the new Egyptian constitution</a>. The platform, which appears to have drawn inspiration from <a href="http://www.fastcompany.com/1737297/egovernment-tunisia-hungary-writing-new-constitutions-via-tablet-open-source">a similar project in Tunisia</a>, allows users to simultaneously browse constitutional texts from multiple countries, propose articles and ideas online and to collaborate on compiling the ideas into a workable text.  Owing to Egypt's special circumstances, the platform also contains extensive provisions for off-computer use--many Egyptians simply don't have regular access to either a computer or the Internet.
</i></blockquote>
Who knows how effective these efforts will be (my guess is that, initially, they won't get much use), but it's still nice to see, and hopefully as we see projects like this grow, they'll become more effective and useful.<br /><br /><a href="http://www.techdirt.com/articles/20110527/09042014454/hacking-egypt-better-democracy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110527/09042014454/hacking-egypt-better-democracy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110527/09042014454/hacking-egypt-better-democracy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-just-the-outsiders</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110527/09042014454</wfw:commentRss>
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<pubDate>Wed, 15 Dec 2010 06:36:37 PST</pubDate>
<title>Does Saying You Wouldn't 'Buy' A Congressional Seat Mean You Don't Care About Politics?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101214/01220412266/does-saying-you-wouldnt-buy-congressional-seat-mean-you-dont-care-about-politics.shtml</link>
<guid>http://www.techdirt.com/articles/20101214/01220412266/does-saying-you-wouldnt-buy-congressional-seat-mean-you-dont-care-about-politics.shtml</guid>
<description><![CDATA[ A new "study" that tried to determine how much people care about politics did a little thought experiment <a href="http://today.yougov.com/news/2010/12/10/do-americans-care-about-politics/" target="_blank">asking people how much they would "pay" for the party of their choice</a> (Republican or Democrat only, since apparently third parties and independents don't exist in this mythical world) to be guaranteed to be elected.  The researchers were surprised by the results:
<blockquote><i>
In a recent YouGov survey, we gave respondents a hypothetical scenario. "Suppose that you alone could determine whether a Democrat or a Republican represents your Congressional district by paying a specific dollar amount? How much would you be willing to pay to ensure that a Congressman from your preferred party will win the office?" We expected that most Americans would place a high value on the party of their Congressmen. Shockingly, 55% of respondents said "ZERO" -- they would not pay even $1 to place their preferred party in power.
</i></blockquote>
From this they conclude that people really just don't care about politics, saying that if they wouldn't pay (even hypothetically) it shows how little they care about politics.  Of course, there are some pretty obvious alternative explanations as well.  As <a href="http://andrewsullivan.theatlantic.com/the_daily_dish/2010/12/what-would-you-pay.html" target="_blank">Andrew Sullivan points out</a>, a much more favorable interpretation could be that people understand that buying elected officials <i>is wrong</i>:
<blockquote><i>
One can care deeply about politics and still be unwilling to pay for an electoral outcome on the grounds that <b>it would undermine democracy. </b>
</i></blockquote>
On top of that, I would assume that the limiting of the survey to only "Republican" or "Democrat" also likely contributed to the results.  A report from last year showed that 39% of the electorate <a href="http://people-press.org/report/517/political-values-and-core-attitudes" target="_blank">identifies themselves as independent</a>, so I would imagine those folks wouldn't be nearly as interested in paying for a Democrat or Republican to hold a particular seat -- even if they happen to lean one way or the other (as many independents do).<br /><br /><a href="http://www.techdirt.com/articles/20101214/01220412266/does-saying-you-wouldnt-buy-congressional-seat-mean-you-dont-care-about-politics.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101214/01220412266/does-saying-you-wouldnt-buy-congressional-seat-mean-you-dont-care-about-politics.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101214/01220412266/does-saying-you-wouldnt-buy-congressional-seat-mean-you-dont-care-about-politics.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>or-that-you-care-about-democracy?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101214/01220412266</wfw:commentRss>
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<pubDate>Wed, 1 Dec 2010 07:23:05 PST</pubDate>
<title>Why The Wikileaks Document Release Is Key To A Functioning Democracy</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101130/03122512054/why-wikileaks-document-release-is-key-to-functioning-democracy.shtml</link>
<guid>http://www.techdirt.com/articles/20101130/03122512054/why-wikileaks-document-release-is-key-to-functioning-democracy.shtml</guid>
<description><![CDATA[ As various politicians and bureaucrats freak out and get the wrong message from the latest Wikileaks document leak, the Economist has an excellent explanation of why <a href="http://www.economist.com/blogs/democracyinamerica/2010/11/overseeing_state_secrecy" target="_blank">the leak is actually a very good thing in preserving American democracy</a>.  Will it make some diplomats jobs harder?  Absolutely.  But diplomacy isn't supposed to be easy.  And what the documents reveal is that the US has a history of doing things <i>it's not supposed to do</i>.  The really key insight in the Economist piece is that there's a difference between elected officials and "the state" made up of career bureaucrats, who are not necessarily subject to democratic pressures -- allowing them to make moves where they are not, in fact, answerable to the American public.  And that's a problem:
<blockquote><i>
The United States is nominally a democracy, but it's sadly ridiculous to think this means very much. To get at the value of WikiLeaks, I think it's important to distinguish between the government--the temporary, elected authors of national policy--and the state--the permanent bureaucratic and military apparatus superficially but not fully controlled by the reigning government. The careerists scattered about the world in America's intelligence agencies, military, and consular offices largely operate behind a veil of secrecy executing policy which is itself largely secret. American citizens mostly have no idea what they are doing, or whether what they are doing is working out well. The actually-existing structure and strategy of the American empire remains a near-total mystery to those who foot the bill and whose children fight its wars. And that is the way the elite of America's unelected permanent state, perhaps the most powerful class of people on Earth, like it.
<br><br>
As Scott Shane, the New York Times' national security reporter, puts it: "American taxpayers, American citizens pay for all these diplomatic operations overseas and you know, it is not a bad thing when Americans actually have a better understanding of those negotiations".
<br><Br>
...
<br><Br>
I'd say providing that information certainly would have been a socially worthy activity, even if it came as part of a more-or-less indiscriminate dump of illegally obtained documents. I'm glad to see that the quality of discussion over possible US efforts to stymie Iran's nuclear ambitions has already become more sophisticated and, well, <b>better-informed</b> due to the information provided by WikiLeaks.  
</i></blockquote>
A better informed public is not a bad thing... except if your entire job is based on trying to keep people in the dark.  Look at who's complaining the most about Wikileaks and you realize that it's the people who benefit from not being held accountable for their actions.<br /><br /><a href="http://www.techdirt.com/articles/20101130/03122512054/why-wikileaks-document-release-is-key-to-functioning-democracy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101130/03122512054/why-wikileaks-document-release-is-key-to-functioning-democracy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101130/03122512054/why-wikileaks-document-release-is-key-to-functioning-democracy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-difference-between-democracy-and-the-state</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101130/03122512054</wfw:commentRss>
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<pubDate>Wed, 6 Oct 2010 12:45:14 PDT</pubDate>
<title>ACTA Analysis: You Can't Craft A Reasonable Agreement When You Leave Out Stakeholders</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101006/11055211312/acta-analysis-you-can-t-craft-a-reasonable-agreement-when-you-leave-out-stakeholders.shtml</link>
<guid>http://www.techdirt.com/articles/20101006/11055211312/acta-analysis-you-can-t-craft-a-reasonable-agreement-when-you-leave-out-stakeholders.shtml</guid>
<description><![CDATA[ Well, as was <a href="http://www.techdirt.com/articles/20101004/20253111284/surprise-surprise-mpaa-in-favor-of-current-acta-text-before-anyone-s-supposed-to-have-seen-it.shtml">expected</a>, the latest draft text of ACTA <a href="http://www.ustr.gov/webfm_send/2338" target="_blank">has been released</a> (pdf).  Let's bulletpoint a few things up top, and then we'll discuss things in more detail down below:
<ul>
<li>This version is <b>not</b> final, and despite suggestions to the press to the contrary, there are still some pretty <b>substantial</b> differences between negotiating parties.  Some of those differences are pretty big deals, as they could require changes to laws (if the countries want to be seen as complying) from countries who have insisted, repeatedly and publicly, that ACTA will require no such law changes.
</li><li> While much of the worst of the document has been removed, the process by which this happened was hardly reasonable and open.  Instead, it involved secrecy, misleading statements, ignoring important stakeholders until copies were leaked and concerned stakeholders shouted loud enough to be heard.  As La Quadrature Du Net points out, this whole process <a href="http://www.laquadrature.net/en/near-final-acta-text-is-a-counterfeit-of-democracy" target="_blank">was a <b>counterfeit of democracy</b></a>.  Furthermore, this shows why all of the ACTA supporters, who insisted that people were making too big a deal about this, were flat-out wrong.  There were some really, really bad things in ACTA initially, that appear to have only been removed due to loud protests from people who, otherwise, weren't supposed to even know what was in ACTA.
</li><li> The document still has many, many problems.  It's way too broad at points. It still would require changes to US law (contrary to claims by the negotiators). It also includes exports enforcement without consumer rights or protections and some troubling language with no legal basis.  It's <b>better</b> than what was in the initial documents, but it's still pretty bad in some places, as detailed below.
</li></ul>
So... what's in the actual document?  We'll go through a few different reviews that highlight some of the differences in the document, and where many of the problem areas are.  Michael Geist points out that the anti-circumvention stuff that sought to effectively export the US's draconian DMCA anti-circumvention clause <a href="http://www.michaelgeist.ca/content/view/5352/125/" target="_blank">has been greatly watered down</a> and provides much more flexibility in how countries set their anti-circumvention plans.  It's still ridiculous that anti-circumvention is in this thing, but at least it's not as bad as it was, and it leaves open the possibility of setting up anti-circumvention rules that recognize fair use (unlike the DMCA currently).  This seems like a clear case where the US caved to other parties.
<br /><br />
On injunctions and damages, there still appear to be <a href="http://keionline.org/node/962" target="_blank">serious problems with the text</a>, and seem to go beyond current TRIPS requirements, and at certain points appear contrary to US law (despite claims from US officials that no changes to US law will be required).   Once again, it's a case where ACTA tries to export the enforcement side but ignores the safe harbors and consumer protections.  On injunctions, for example, TRIPS has some key protections for those who infringe unknowingly or for totally non-commercial use.  Those are missing in ACTA.  As KEI notes:
<blockquote><i>
The ACTA does not permit the elimination of injunctive relief in cases where there is no remuneration paid. This is contrary to the provisions in U.S. law eliminating injunctions and damages against certain health care workers, or for manufacturers of biosimiliar drugs, in cases involving patents not previously disclosed by the incumbent drug company. ACTA seems to eliminate the limitation on the TRIPS, which concerns injunctions in cases where a person does not have prior "reasonable grounds to know that dealing in such subject matter would entail the infringement of an intellectual property right." This makes the ACTA contrary to current U.S. laws concerning infringement of trademarks by newspapers and online publications, among other things. 
</i></blockquote>
On damages, the situation appears even worse.  KEI highlights the following extremely troubling text:
<blockquote><i>
In determining the amount of damages for infringement of intellectual property rights, its judicial authorities shall have the authority to consider, inter alia, <b>any legitimate measure of value submitted by the right holder, which may include the lost profits</b>, the value of the infringed good or service, measured by the market price, the suggested retail price.
</i></blockquote>
This is, frankly, ridiculous.  As has been discussed for years, the various industries have a long history of totally making up these numbers of "lost profits" that have absolutely nothing to do with reality.  And, I'm still waiting for someone to show me how one "loses" profits.  In the real world, you don't "lose" profits -- there is no such line on your income statement.  You <i>lose</i> to competition and it's your responsibility to fix your business model when you do.  As KEI says, this setup is "not based upon national laws in any country," and "clearly contrary to laws in several countries."
<br /><br />
Sean Flynn's analysis notes that there are still <a href="http://www.wcl.american.edu/pijip/go/blog-post/analysis-of-the-new-acta-text" target="_blank">substantial differences</a> in what's actually covered by ACTA.  The US has been fighting hard to remove patents from ACTA entirely, because it knows that it would have to change US patent laws to be in compliance (and it has said publicly many times that ACTA won't require changes to US laws).  Unfortunately, everyone else seems to want to include patents:
<blockquote><i>
The US has proposed that patents should be clearly carved out of the Civil Enforcement Chapter (fn 2). But as of now there are no other countries indicated as supporting this position. This is a major advocacy point for access to medicines groups. If the US does not carry the day, the claims of negotiators that the agreement will not limit important TRIPS tools to promote access to medicines will ring hallow.
</i></blockquote>
Along those lines, there are still serious concerns that ACTA will allow border seizure of legitimate drugs in transit (something that has been a <a href="http://www.techdirt.com/articles/20090807/0312375803.shtml">big problem</a>).  Legitimate generic drugs are seized in transit because a country that it ships through may have a pharmaceutical-lobbied law that blocks the sale of such drugs.  Even if the drugs are not intended for that country (i.e., drugs made in India that ship via Europe to South America), European border guards are confiscating and destroying them.  It appears that whether or not ACTA will deal with this is still in dispute:
<blockquote><i>
As currently worded, and in contradiction to many public statements by the negotiators, the border measures section still extends to patents and to in-transit seizures. In fn 6 on page 9, there is proposed language carving out patents. But that language is proposed by the US and is not joined by any other party according to the text as released. 
</i></blockquote>
As for copyright issues... again, there are problems with the document:
<blockquote><i>
The damages section contains many provisions that will encourage the over-enforcement and excessive punishment of copyright infringers. The text requires that countries to maintain a system of "pre-established" damages, as well as "additional damages," which means damages not based on any actual proof of harm. Such a system will over-deter the making of copies of copyrighted works where the copyright owner does not adequately serve the market on reasonable terms and conditions, and therefore does not actually suffer significant damage from the copy.
</i></blockquote>
And, despite rumors to the contrary, this could apply to <b>individual</b> users:
<blockquote><i>
The ACTA language is not limited to commercial scale infringement. So individual downloaders and copiers for personal non-commercial purposes could be subject to massive "deterrent" fines without proof of any market harm to the copyright owner.  
</i></blockquote>
As for fair use?  What fair use?
<blockquote><i>
The negotiators have failed to adequately protect the most important "fair use" and other rights of users with respect to copyright. The definition of copyright piracy does not include the reasonable suggestion to add language making clear that it "does not extend to copies that are lawfully made, without the permission of the right owners." 
</i></blockquote>
All in all, what we have here is a travesty of process.  You had a bunch of industry stakeholders, who drove the process from the beginning, putting in extreme language and extreme ideas.  Rather than having an <i>open</i> and <i>honest</i> discussion about these issues, and looking for consensus, negotiators chose to obfuscate, obscure and abstain from discussion.  In the end, thanks to widespread public pressure and outcry -- including from elected officials around the world, negotiators clearly backed off many of the absolutely worst aspects of ACTA.  But, remember, they started at one extreme, basically granting everything the industry stakeholders wanted, and then caved on pieces there, moving slowly back.  So, the document still is based on the stakeholder's positions, with the changes being an attempt to appease everyone else.  At no point was there an effort to build a document that actually recognized the rather legitimate interests of the public.  And this is a shame.<br /><br /><a href="http://www.techdirt.com/articles/20101006/11055211312/acta-analysis-you-can-t-craft-a-reasonable-agreement-when-you-leave-out-stakeholders.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101006/11055211312/acta-analysis-you-can-t-craft-a-reasonable-agreement-when-you-leave-out-stakeholders.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101006/11055211312/acta-analysis-you-can-t-craft-a-reasonable-agreement-when-you-leave-out-stakeholders.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>counterfeiting-democracy</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101006/11055211312</wfw:commentRss>
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<pubDate>Wed, 2 Dec 2009 07:50:43 PST</pubDate>
<title>Free Content Undermines Democracy?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091130/0621387128.shtml</link>
<guid>http://www.techdirt.com/articles/20091130/0621387128.shtml</guid>
<description><![CDATA[ A journalism professor by the name of Tim Luckhurst is claiming that <a href="http://www.guardian.co.uk/commentisfree/2009/nov/30/journalism-paywall-johnston-press" target="_blank">newspaper paywalls are needed to preserve democracy</a>, and that free content online undermines democracy.  We've heard this argument before, and it makes no more sense now than when it was first raised.  The basic argument is that free content online isn't bringing in enough revenue to pay reporters, thus newspapers are going under and firing reporters.  Thus, with fewer reporters, there are fewer people to watch the government and therefore corruption runs rampant.  Or something like that.
<br /><br />
Of course, there are so many fallacies wrapped up in this argument, it's difficult to even know where to start (though, one would have hoped that a journalism professor would have done the decent thing and checked into these things a bit more carefully before writing a silly opinion piece based on a variety of myths):
<ul>
<li><b>Newspapers need readers to pay to survive</b>.  Not true.  Not even close to true.  First, newspapers have almost never made money from subscription fees or newsstand purchases.  Those fees rarely even covered the cost of the newsprint and delivery.  Newspapers have always made their money on advertising and classifieds (a form of advertising).
</li><li><b>Free content online is why newspapers are in trouble</b>.  Again, not true.  In most cases, the publications that are in trouble are in that position because they took out tremendous amounts of debt.  Most newspapers are actually still profitable on an operational basis, but aren't making enough to repay the debt.  The problem was poor management thinking in believing that leveraging their futures to ridiculous levels made sense.
</li><li><b>Without old school newspapers, government corruption is not well covered</b>.  This one remains to be seen, but there is growing evidence that it, too, is not true.  The power of the internet has made it such that many more people can hold our governments accountable by gaining a voice and speaking out against corruption or corruptive influences.  It's not fixing the problem entirely, but then again, neither did newspapers.  The fact is that it's much easier now to call attention to corruption, and there are more and more forums to help with that -- such as Wikileaks, combined with the ability to self publish or more easily contact those with a larger audience.
</li><li><b>Putting up a paywall will somehow fund more journalism</b>.  Again, remains to be seen, but there's little evidence to support this claim.  There are numerous competing offerings providing news in the marketplace today.  There is little indication that enough people are interested in paying directly for news to the level it would take to support news operations. Combine that with the decrease in ad revenue (the real source of revenue for most news organizations) from cutting off a large chunk of an audience, and it seems likely that these paywalls will actually serve to decrease overall revenue over the long term rather than increase it.  It's not clear how that helps anyone.
</li></ul>
On the whole, if one were to grade this professor's analysis, you'd have to give him a failing grade for basing an argument on outright falsehoods and unsupported statements.<br /><br /><a href="http://www.techdirt.com/articles/20091130/0621387128.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091130/0621387128.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091130/0621387128.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>people-pay-you-for-this?</slash:department>
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<item>
<pubDate>Mon, 24 Aug 2009 23:28:00 PDT</pubDate>
<title>If Newspapers Claim They're Serving The Public... Why Are They Working So Hard To Limit Who Sees The Content?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090824/1038205977.shtml</link>
<guid>http://www.techdirt.com/articles/20090824/1038205977.shtml</guid>
<description><![CDATA[ One of the common refrains from folks in the newspaper industry is that, despite their inability to react to the changing market in front of them, they need to be kept alive, because of their civic duty of serving the public and <a href="http://techdirt.com/articles/20090303/0234453964.shtml">preserving democracy</a>.  At least that's how the argument goes.  However, Steve Yelvington <a href="http://twitter.com/yelvington/status/3470452326" target="_blank">points us</a> to a good point made by Rick Edmonds, noting that if it's so important for the newspapers to serve the public, doesn't it make it <a href="http://www.poynter.org/column.asp?id=123&#038;aid=168842" target="_blank">much harder for them to do that behind a paywall</a>.  In other words, in their zeal to lock up the content, they're proving that they don't mean what they say when they talk about just serving the public.  They really only mean that they're serving the segment of the public willing to pay -- which doesn't quite have that same noble civic duty feel to it, now does it?<br /><br /><a href="http://www.techdirt.com/articles/20090824/1038205977.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090824/1038205977.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090824/1038205977.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>questions-that-matter</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090824/1038205977</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 13 Jul 2009 05:39:00 PDT</pubDate>
<title>Norwegian ISP Fights Back Against Pirate Bay Ban</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090712/2349455522.shtml</link>
<guid>http://www.techdirt.com/articles/20090712/2349455522.shtml</guid>
<description><![CDATA[ The IFPI (the international version of the RIAA) has been working around the clock lately to try to get various ISPs to block access to The Pirate Bay and other file sharing sites.  Some have caved in, while others have lost lawsuits.  In Norway, however, leading ISP Telenor is fighting back, saying that <a href="http://torrentfreak.com/pirate-bay-block-violates-democratic-principles-isp-says-090710/" target="_new">taking orders from the entertainment industry to block sites it doesn't like goes against democratic principles</a>:
<blockquote><i>
"Instead of demanding that Internet providers censor the Internet and monitor the content that's transferred, Telenor believes that the best way to decrease illegal file sharing is to put more effort into making legally downloadable content available."
</i></blockquote>
But, as we've seen over the years, there are still many in positions of power within the recording industry who believe that the best new business model is to try to stomp out anyone who challenges their old business model.  Eventually, they'll realize what a failed plan that is.<br /><br /><a href="http://www.techdirt.com/articles/20090712/2349455522.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090712/2349455522.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090712/2349455522.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>democratic-principles</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090712/2349455522</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 17 Apr 2009 08:05:00 PDT</pubDate>
<title>Revisiting Newspapers' Role In Democracy: New Research Suggests An Impact</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090406/1526374408.shtml</link>
<guid>http://www.techdirt.com/articles/20090406/1526374408.shtml</guid>
<description><![CDATA[ We've seen a number of stories recently claiming that the death of newspapers would somehow harm (or even do away with) <a href="http://www.techdirt.com/articles/20090303/0234453964.shtml">democracy</a>.  The whole idea seemed silly, but some new research actually backs up some of that claim.  And while I have some problems with it, it's worth presenting the evidence to the contrary as well.  The research paper, <a href="http://wws-roxen.princeton.edu/wwseconpapers/papers/dp236.pdf" target="_new">Do Newspapers Matter? Evidence from the Closure of The Cincinnati Post</a> (pdf file), looks at how the closing of the Cincinnati Post at the end of 2007 impacted local politics in Northern Kentucky in 2008.  The research tried to control for other variables and found a noticeable impact: namely, more incumbents won re-election, fewer people ran for office and voter turnout decreased.  Some of the impact was small, but the research does a pretty good job trying to control for many other factors.
<br><br>
That said... even the researchers admit that this is just one example, and only covers a short period of time.  It's not surprising that immediately following the closure of a newspaper, there may not be other sources to fill the gaps (and even if there are, residents may not be as aware of them).  What will be quite interesting to watch is what happens next.  However, if you happen to live in the Northern Kentucky region, it certainly sounds like there's a wide-open opportunity to create a locally-focused news site.<br /><br /><a href="http://www.techdirt.com/articles/20090406/1526374408.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090406/1526374408.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090406/1526374408.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-how-big-and-will-it-last</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090406/1526374408</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 5 Mar 2009 17:33:18 PST</pubDate>
<title>There Are Plenty Of Ways For Gov't Watchdogs To Do Their Jobs Without Newspapers</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090304/2145163997.shtml</link>
<guid>http://www.techdirt.com/articles/20090304/2145163997.shtml</guid>
<description><![CDATA[ Following a series of stories from ex-journalists insisting that the death of newspapers would lead to an age of <a href="http://www.techdirt.com/articles/20090225/0302243897.shtml">corruption</a> and the <a href="http://www.techdirt.com/articles/20090303/0234453964.shtml">downfall of democracy</a>, Yochai Benkler has written up an article explaining just how ridiculous all this sounds.  He points out -- as have many others -- that just because newspapers go away, it doesn't mean that journalism goes away -- and then points out <a href="http://www.tnr.com/politics/story.html?id=c84d2eda-0e95-42fe-99a2-5400e7dd8eab" target="_new">a bunch of different models</a> of non-newspaper watchdog/anti-corruption publications that work quite well today.  And, should newspapers actually go away, many additional options would likely show up, as well.  The idea that people suddenly stop watching the government just because a newspaper is not around makes little sense.  For a bunch of "journalists" to make such a claim, when there's ample evidence that alternative models do work, suggests that they're not doing a very good job <i>reporting</i> on those alternative models.<br /><br /><a href="http://www.techdirt.com/articles/20090304/2145163997.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090304/2145163997.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090304/2145163997.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>life-goes-on</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090304/2145163997</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 4 Mar 2009 13:34:00 PST</pubDate>
<title>Democracy Can't Exist Without Newspapers?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090303/0234453964.shtml</link>
<guid>http://www.techdirt.com/articles/20090303/0234453964.shtml</guid>
<description><![CDATA[ I really want to stop writing stories about clueless newspaper folks making braindead statements about the industry, but it just never stops.  The latest is that the former editor of the Scotsman, in Edinburgh (where I'm <a href="http://www.techdirt.com/articles/20090226/1033203914.shtml">heading</a> next week), is claiming that <a href="http://www.independent.co.uk/news/media/press/democracy-cant-exist-without-newspapers-1634972.html" target="_new">democracy can't exist without newspapers</a>.  He's upset that the Scotsman has gone downhill apparently -- and that may be the case, but that has little to do with whether or not democracy can or can't exist without a newspaper.  The mistake, again (and we keep hearing this) is this weird assumption that without <i>news<b>papers</b></i>, it means all news <i>reporting</i> goes away.  But that's simply not true.
<br /><br />
In fact, we're seeing new reporting startups pop up pretty much every day.  The Columbia Journalism Review has a great feature piece written by a long-time foreign correspondent for a variety of newspapers who has <a href="http://www.cjr.org/cover_story/roll_the_dice.php?page=all">built a brand new reporting service</a> that is providing news both on its own site and to a number of other news sources (including some of the newspapers who used to employ him).  The fact that news<i>papers</i> might go away hardly means that journalism goes away -- and it certainly doesn't mean that <a href="http://www.techdirt.com/articles/20090225/0302243897.shtml">watchdog</a> efforts go away.<br /><br /><a href="http://www.techdirt.com/articles/20090303/0234453964.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090303/0234453964.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090303/0234453964.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>banging-my-head</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090303/0234453964</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 31 Dec 2008 18:30:00 PST</pubDate>
<title>Where's That Line Between True Democracy And Mob Rule?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081230/1845353257.shtml</link>
<guid>http://www.techdirt.com/articles/20081230/1845353257.shtml</guid>
<description><![CDATA[ Way back in 7th grade social studies class, I still remember one of the first assignments we had from Mr. Kemp (I think that was his name...) was to make a suggestion for a way to change or improve the way government functions.  My suggestion was that in addition to the two legislative branches (the House of Representatives and the Senate), we could add a third branch for direct citizen voting on bills.  I think I called it the Peoplocracy or something.  Whenever it was time to vote on various bills, the information would be broadcast via TV, and individuals could call a phone number and "vote" one way or the other. I remember that I got a bad grade on the paper, as the teacher told me such an idea made no sense: our elected officials in Congress where there to represent the will of the people, and direct voting on bills by citizens was entirely redundant and unnecessary.  To this day, I still feel the teacher dismissed the idea too quickly... but that doesn't mean it's necessarily a good idea.
<br /><br />
Since the election there have been a bunch of stories about how President-elect Obama has built up this huge direct line of communication to a huge, passionate and committed group of citizens and supporters via the internet, and there's plenty of speculation about <a href="http://www.thenation.com/doc/20090112/melber" target="_new">how he intends to use that connection to help push his legislative agenda forward</a>.  In many ways, this is quite exciting, and I'm curious to see how it works -- and hoping for the best.  After all, a huge problem with our elected officials in the past is that they were so far disconnected from the citizens they were supposed to represent that their policy choices were often backwards.  Instead, it was often the powerful lobbyists who got through and were able to fashion laws to support their positions, rather than the overall well-being of the citizenry.
<br /><br />
Anything that gives the actual people a bigger voice and a better ability to communicate and connect with the President or other elected officials seems like a great idea -- and we're already seeing some of that in action with the Obama's impressive <a href="http://change.gov/">Change.gov</a> operation, which, among other things allows people to submit policy ideas and allows others to vote on them, in a Digg-like fashion.  The possibilities for such a program are potentially limitless and incredibly powerful.
<br /><br />
And yet... I'm still left wondering if there isn't a huge risk as well.  As we've seen time and time again, powerful technologies don't discriminate.  They can be used for very good purposes and they can be used for very bad purposes as well.  I'm very excited about the good possibilities, but I'm wondering how much thought is being given to limiting the downside possibilities.  There is, of course, the risk of "mob rule"-type decision making at times.  While majority rules is the foundation of democracy, there are times when a simple majority can end up taking away the rights of a minority or put in place a dreadful and dangerous policy.  This can happen especially after emotionally-charged incidents, where "mob rule" and thoughts of revenge or punishment overrule the rational parts of many people.  Also, with any such system, there is the risk of gaming.  As we've unfortunately seen with Digg over the past year or so, a small group of individuals have figured out how to effectively <a href="http://www.webpronews.com/topnews/2008/12/30/diggcom-suffers-under-regime-change">control the system</a>, almost entirely stomping out the voices of others.
<br /><br />
I don't think this is where things are headed, and I'm not saying that the technology or embracing a direct connection to people is a bad thing.  I think just the opposite is true.  I'm really excited to see where all of this leads, and the fact that there's at least <i>some</i> indication that we're not dealing with politics as usual is great.  But... in seeing everyone talk up how wonderful this is, I worry about what's being done to at least guard against the worst abuses that occur when a direct connection to the people turns from rational into irrational mob rule out for blood.<br /><br /><a href="http://www.techdirt.com/articles/20081230/1845353257.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081230/1845353257.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081230/1845353257.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>peopleocracy</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20081230/1845353257</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 6 May 2008 10:11:00 PDT</pubDate>
<title>'YouTube Moments' Hold Politicians Accountable</title>
<dc:creator>Timothy Lee</dc:creator>
<link>http://www.techdirt.com/articles/20080502/1325421010.shtml</link>
<guid>http://www.techdirt.com/articles/20080502/1325421010.shtml</guid>
<description><![CDATA[ <p>Virginia Postrel <a href="http://www.dynamist.com/weblog/archives/002773.html">points out</a> a great story on the way <a href="http://www.broadcastingcable.com/article/CA6555285.html?desc=topstory" target="_new">YouTube is changing the dynamics</a> of political debate. It points out that when Bill Clinton was first running for president in 1992, the media landscape had relatively few mechanisms for holding politicians accountable for misstatements. There was only room for so many stories on the nightly news, and so when politicians told white lies, reporters tended to move on before anybody could check the claims for accuracy. But now that anyone can create a blog post or a YouTube video, politicians' fibs and gaffes can take on a life of their own, whether it's <a href="http://matthewyglesias.theatlantic.com/archives/2008/03/hillary_clinton_in_bosnia.php">Hillary Clinton's sniper fire</a>, Barack Obama's <a href="http://www.msnbc.msn.com/id/24082427/">"bitter" Pennsylvanians</a>, or <a href="http://ap.google.com/article/ALeqM5iOhjF56Q7VttEl24KP-3TLhIdhrAD90DLM9O0">John McCain's "100 years in Iraq."</a> The nightly news doesn't always cover these kinds of comments when they happen, but someone in the blogosphere almost always catches them and they then get endlessly reported, debunked, and hashed out online. And once a clip has generated a lot of heat among bloggers, it can often become a big enough story that mainstream media outlets pick it up again. While some of these attacks can be nit-picky or taken out of context, on the whole it's a definite improvement in the quality of democratic debate. With video cameras everywhere and bloggers ready to pounce on any misstatement, politicians have a stronger incentive to tell the truth, and not to talk out of both sides of their mouth.</p>

<p>Meanwhile, <i>USA Today</i> reports that the presidential candidates are raising eye-popping sums of money in small increments via the Internet. In the first quarter of 2008, Barack Obama led the pack with $129 million in small donations, followed by Hillary Clinton at $65 million and John McCain at $37 million. Even John McCain's fundraising would have been considered a major accomplishment four years ago -- Howard Dean made headlines with <a href="http://www.wired.com/wired/archive/12.01/dean.html">$15 million in online donations </a> in the third quarter of 2003, much of it from small donors. If the trend lasts -- and there are good reasons to think it will -- it will also have a democratizing effect on the political process. Presidential candidates will be more inclined to pay attention to the priorities of grassroots activists, and comparatively less worried about pleasing insiders capable of raising money in $2300 increments.</p>

<p>And of course, these developments are connected. The rise of blogs, YouTube, and other participatory media has gotten more people engaged and invested in the political debate, which in turn makes them more likely to open their wallets. Conversely, the fact that blog readers are often campaign contributors gives bloggers real leverage over candidates -- bloggers can punish candidates perceived as not playing fair by directing contributions to their opponents. All of which is producing a more engaged and accountable political process. Of course, things are far from perfect, but there are good reasons to think that 21st century politics will be better than politics was in the 20th century.</p><br /><br /><a href="http://www.techdirt.com/articles/20080502/1325421010.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080502/1325421010.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080502/1325421010.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>power-to-the-people</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080502/1325421010</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 8 Feb 2008 07:01:00 PST</pubDate>
<title>Chinese Professor Suing Google And Yahoo For Making Him Disappear From Chinese Search</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080207/142142203.shtml</link>
<guid>http://www.techdirt.com/articles/20080207/142142203.shtml</guid>
<description><![CDATA[ We've seen plenty of lawsuits over the years from people who were <a href="http://www.techdirt.com/articles/20070320/165930.shtml">upset</a> over how Google ranked them in search results, but here's an interesting twist on that idea.  Guo Quan, a professor in China who lost his job after founding a democracy group and pushing for a more democratic China, is going to <a href="http://technology.timesonline.co.uk/tol/news/tech_and_web/article3319051.ece" target="_new">sue Google and Yahoo for removing all results with his name in China</a>.  Google and Yahoo, of course, have agreed to play by local rules in China, <a href="http://www.techdirt.com/articles/20060124/1843232_F.shtml">upsetting</a> many.  Legally, it would seem like this suit has little chance of success -- but I doubt that he cares about the legal result.  What this actually does is to call attention to his plight -- and on that front, it's clearly a successful strategy.<br /><br /><a href="http://www.techdirt.com/articles/20080207/142142203.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080207/142142203.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080207/142142203.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>dissident-seo</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080207/142142203</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 30 Jan 2008 14:04:00 PST</pubDate>
<title>Democratic Parties: An Interview With UCLA Computer Scientist Kevin Eustice</title>
<dc:creator>Julian Sanchez</dc:creator>
<link>http://www.techdirt.com/articles/20080123/12172547.shtml</link>
<guid>http://www.techdirt.com/articles/20080123/12172547.shtml</guid>
<description><![CDATA[ If the ecstatic attention  techblogs showered on the nascent <a href="http://technology.newscientist.com/article/mg19726395.700-wifi-music-polling-device-takes-heat-off-the-dj.html">Smart Party system</a> last week is any indication, there are thousands of geeks out there who, like me, got their first peek at an iPhone and immediately began fantasizing about a spontaneous, democratic, distributed jukebox that would emerge anywhere friends with shiny gadgets gathered.  Smart Party polls all WiFi-enabled music players in the vicinity to figure out what's on user playlists, and then plays music off a central system (even pulling tunes directly from each user's device) tailored to the taste of the group.  It's like a DJ who automatically knows what will most please the crowd.  But as far as UCLA computer science grad student and Smart Party co-creator Kevin Eustice is concerned,  plebiscitary soundtrack software is just a tiny part of a broader project, aimed at crafting an open architecture that will enable a whole range of mobile, location-sensitive social networking applications.  Below the fold, my interview with Eustice on music, math, and the future of ubiquitous computing.  If you're reading via RSS or from the front page, click on "Read More" to get the full interview.<br /><br /><a href="http://www.techdirt.com/articles/20080123/12172547.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080123/12172547.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080123/12172547.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>the-lowest-common-denominator-dj</slash:department>
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