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<title>Techdirt. Stories filed under &quot;israel&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories filed under &quot;israel&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Wed, 2 Jan 2013 09:41:39 PST</pubDate>
<title>Israeli Bill Would Allow Secret Courts To Issue Confidential Warrants To Block Web Sites Allegedly Involved In Copyright Infringement</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20121228/07233621509/israeli-bill-would-allow-secret-courts-to-issue-confidential-warrants-to-block-web-sites-allegedly-involved-copyright.shtml</link>
<guid>http://www.techdirt.com/articles/20121228/07233621509/israeli-bill-would-allow-secret-courts-to-issue-confidential-warrants-to-block-web-sites-allegedly-involved-copyright.shtml</guid>
<description><![CDATA[ <p>One of the most depressing developments in recent years has been the gradual adoption of legal approaches to tackling copyright infringement that a few years ago would have been regarded as totally unacceptable, and the hallmarks of a tinpot republic run by some ridiculous dictator.  Here's another example, this time from Israel, involving <a href="http://2jk.org/english/?p=341">secret courts and inscrutable judgments</a>, as Jonathan Klinger explains:

<i><blockquote>Israel is to attempt, again, to pass a bill that authorizes police officers to issue warrants to Internet service providers to block or restrict access to specific websites involved either in gambling, child pornography or copyright infringement. The bill itself proposes that such administrative procedures shall be clandestine and that court decisions shall be made ex-parte, where some of the court's ruling will not be even disclosed to the owner of the website, and the court may hear and use inadmissible evidence.</blockquote></i>

So not only are we talking about a process that can be conducted in secret, based on "inadmissible evidence" and in the absence of the accused (ex-parte), but one where core aspects of the final judgment may be withheld from the individuals affected, who will therefore have no way of knowing what they stand accused of, and hence no way of challenging the block.
</p><p>
Some might regard this as proportionate when combatting crimes as serious as child pornography; but undermining basic principles of law to tackle gambling sites, or those allegedly providing unauthorized access to copyright materials, seems an incredibly high price to pay for very little benefit.  It's yet another indication of the way in which a continuing but unwinnable war on sharing has seriously damaged fundamental aspects of how justice and society now function.
</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/20121228/07233621509/israeli-bill-would-allow-secret-courts-to-issue-confidential-warrants-to-block-web-sites-allegedly-involved-copyright.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121228/07233621509/israeli-bill-would-allow-secret-courts-to-issue-confidential-warrants-to-block-web-sites-allegedly-involved-copyright.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121228/07233621509/israeli-bill-would-allow-secret-courts-to-issue-confidential-warrants-to-block-web-sites-allegedly-involved-copyright.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-did-we-end-up-here?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121228/07233621509</wfw:commentRss>
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<item>
<pubDate>Fri, 1 Jun 2012 14:42:00 PDT</pubDate>
<title>NYTimes Reveals Details Of How US Created Stuxnet... And How A Programming Error Led To Its Escape</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120601/04275319163/nytimes-reveals-details-how-us-created-stuxnet-how-programming-error-led-to-its-escape.shtml</link>
<guid>http://www.techdirt.com/articles/20120601/04275319163/nytimes-reveals-details-how-us-created-stuxnet-how-programming-error-led-to-its-escape.shtml</guid>
<description><![CDATA[ With a lot of new attention being paid to the <a href="http://www.nytimes.com/2012/05/31/technology/researchers-link-flame-virus-to-stuxnet-and-duqu.html" target="_blank">Flame malware</a> that was datamining computers around the Middle East, there have been plenty of comparisons to Stuxnet, the famous bit of malware that was targeted at <a href="http://www.techdirt.com/articles/20110117/02205812696/stuxnet-increasingly-sounding-like-movie-plot.shtml">mucking up</a> Iran's nuclear power program.  So it's very interesting timing to see the NY Times <a href="http://www.nytimes.com/2012/06/01/world/middleeast/obama-ordered-wave-of-cyberattacks-against-iran.html?pagewanted=2&#038;_r=1&#038;seid=auto&#038;smid=tw-nytimespolitics&#038;pagewanted=all" target="_blank">reveal many of the details behind Stuxnet</a>, including confirming that it was a program driven by the US, with a lot of help from the Israelis.  Many, many, many people suspected that already, but it certainly appears that the NYTimes has numerous detailed sources that support this claim.
<br /><br />
Perhaps even more interesting, however, is the fact that Stuxnet (which apparently originally infected Iranian nuclear plants via workers using USB keys when they shouldn't) was never supposed to get out into the wild.  It was supposed to just sit in the computers at the power plant, confusing the hell out of the Iranians.  But, obviously, that didn't happen.   Having that info get out into the wild probably killed off the effort much earlier than expected, since it basically explained to the Iranians what was happening.
<br /><br />
It's also noteworthy that a source in the article claims that Stuxnet was the first example of using a computer attack to destroy physical items (it made centrifuges work irregularly in ways that could cause them to break).  Some have therefore used Stuxnet as "proof" of the cybersecurity threats out there and the misnamed "cyberwar."  I'm not sure that's true.  Stuxnet still appears to be a rather unique case in terms of a very, very specific target that had some significant vulnerabilities.  We hear lots of worries about cybersecurity impacting physical infrastructure -- and I'm sure that those who wish to do harm would love to bring down power grids and airplanes through some form of a cyber attack.  But I'm not convinced that the success of Stuxnet is so easily replicable in other such areas.  And I don't see how that automatically justifies effectively tossing out all privacy protections.<br /><br /><a href="http://www.techdirt.com/articles/20120601/04275319163/nytimes-reveals-details-how-us-created-stuxnet-how-programming-error-led-to-its-escape.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120601/04275319163/nytimes-reveals-details-how-us-created-stuxnet-how-programming-error-led-to-its-escape.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120601/04275319163/nytimes-reveals-details-how-us-created-stuxnet-how-programming-error-led-to-its-escape.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>when's-the-movie-coming-out</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120601/04275319163</wfw:commentRss>
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<pubDate>Fri, 18 May 2012 08:10:00 PDT</pubDate>
<title>Iran Threatens Action After Google Wipes Persian Gulf (Label) Off Map</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120517/16135118959/iran-threatens-action-after-google-wipes-persian-gulf-label-off-map.shtml</link>
<guid>http://www.techdirt.com/articles/20120517/16135118959/iran-threatens-action-after-google-wipes-persian-gulf-label-off-map.shtml</guid>
<description><![CDATA[ Putting together maps may <i>seem</i> like a simple thing, but it can often have significant consequences, especially involving national identity and nationalistic feelings.  And, given the prominence of Google Maps, the company has been no stranger to controversy over some of its mapping choices.  Back in 2005, Taiwanese politicians protested Google referring to the island <a href="http://news.bbc.co.uk/2/hi/asia-pacific/4308678.stm" target="_blank">as a province of China</a>.  Similarly, there have been complaints about Palestinian territories being <a href="https://productforums.google.com/forum/#!category-topic/maps/map-wont-load/QRGDDzlDuMw" target="_blank">labeled as a part of Israel</a>.  Of course, given the very well documented disputes about the issues in both regions, it's no surprise that the mapping choices (either way) would likely upset some.  Of course, my favorite Google Maps dispute may have been when Nicaragua <a href="http://www.techdirt.com/articles/20101105/00243211732/nicaragua-accidentally-invades-costa-rica-blames-google-maps.shtml">accidentally invaded Costa Rica</a> and then blamed Google Maps for the mistake, which came close to creating a <a href="http://www.techdirt.com/articles/20101113/22412311860/google-maps-error-dispute-continues-to-escalate-between-nicaragua-and-costa-rica.shtml">serious international incident</a>.
<br /><br />
The latest such story involves Iran <a href="http://www.cnn.com/2012/05/17/world/meast/iran-google-gulf/index.html?hpt=hp_t2" target="_blank">threatening to sue Google for not labeling the Persian Gulf</a>.  The article goes through the details, and Google seems to dance around the subject.  A spokesperson claims that not every body of water is labeled -- but as the report points out, lots of other bodies of water in the area (including many that are significantly smaller) are labelled.   As the article notes, there is at least <i>some</i> dispute over what the body of water is called, suggesting that Google's way of dealing with the controversy this time around is to just not label it at all.  Though, clearly, that doesn't seem to have helped.
<br /><br />
Of course, what I'm wondering is just what kind of "legal action" Iran thinks it can reasonably take here.  I'm sure they can go after Google in an Iranian court, but I can't see how that matters.  Google is outside their jurisdiction and the "worst" case scenario is that Google gets blocked.  But given Iran's widespread internet censorship, and the expectation that it's about to expand greatly, it's not clear that even that would be a big change.  If Iran were to sue somewhere else, what would be the basis?  Not liking how a map is labeled doesn't automatically make it illegal.<br /><br /><a href="http://www.techdirt.com/articles/20120517/16135118959/iran-threatens-action-after-google-wipes-persian-gulf-label-off-map.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120517/16135118959/iran-threatens-action-after-google-wipes-persian-gulf-label-off-map.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120517/16135118959/iran-threatens-action-after-google-wipes-persian-gulf-label-off-map.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>under-what-law?</slash:department>
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<pubDate>Mon, 30 Apr 2012 19:34:00 PDT</pubDate>
<title>USTR Releases Ridiculous 'Naughty' Special 301 List For Countries Who Don't Pass Silly Laws Hollywood Wants</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120430/16000818719/ustr-releases-ridiculous-naughty-special-301-list-countries-who-dont-pass-silly-laws-hollywood-wants.shtml</link>
<guid>http://www.techdirt.com/articles/20120430/16000818719/ustr-releases-ridiculous-naughty-special-301-list-countries-who-dont-pass-silly-laws-hollywood-wants.shtml</guid>
<description><![CDATA[ Every year around this time, the USTR puts out its increasingly laughable Special 301 Report, which merely takes the countries that IP maxmalists <i>say</i> are bad, and officially declares them naughty.  The <a href="http://www.ustr.gov/sites/default/files/2012%20Special%20301%20Report.pdf" target="_blank">2012 list has come out</a> (pdf and embedded below) and it's as silly and pointless as usual.  Canada has an official policy stating that it does not accept the Special 301 process as legitimate, and (of course) it once again finds itself on the list.  There is no fathomable reason for this <i>other</i> than the fact that Hollywood wants Canada to pass stringent new copyright laws that include anti-circumvention provisions.  But the fact is that Canada's copyright law is <i>already</i> much more draconian than US law.  Then there are countries like Israel, whose copyright laws are actually on par with the US's... but they get put on the naughty "priority watch" list as well.  
<br /><br />
You know who gets removed?  Spain.  As you may recall, Spain recently <a href="http://www.techdirt.com/articles/20120104/04252517273/spanish-government-adopts-its-own-version-sopa-sinde-law-approved.shtml">put in place</a> its own version of SOPA -- a law that goes way, way beyond current US copyright law, which was heavily <a href="http://www.techdirt.com/articles/20101203/15151112122/no-surprise-wikileaks-leak-shows-us-entertainment-industry-wrote-spains-new-copyright-law.shtml">pushed</a> by US diplomats, despite the fact that public hated the bill -- and even local movie industry insiders <a href="http://www.techdirt.com/articles/20110214/10264413085/outgoing-spanish-film-academy-boss-warns-industry-it-needs-to-respect-customers.shtml">hated the bill</a>.  On top of that, economists argued that it would do <a href="http://www.techdirt.com/articles/20100328/2317138756.shtml">significant harm</a> to the Spanish economy.  But Hollywood wanted it, so the USTR cheers it on and removes them from the list.
<br /><br />
What a joke.
<br /><br />
Just last week, we wrote about an <a href="http://www.techdirt.com/articles/20120424/23284518640/new-ip-watchlist-ranks-countries-how-well-their-copyright-laws-serve-public.shtml">alternative list</a>, from Consumers International, that judged copyright laws around the globe, based on how much the laws actually benefited the public.  On <i>that</i> list, Israel, India and Indonesia took the top three spots.  On the USTR list -- all three of those countries end up on the "naughty" priority watch list.
<br /><br />
Amusingly, the Special 301 report talks up the importance of both ACTA and TPP... conveniently ignoring the fact that the EU Parliament seems very interested in rejecting ACTA, and not even mentioning the worldwide controversy over the binding treaty (which the US signed unconstitutionally, without getting Congressional approval).  It also completely ignores the fact that Colombia just <a href="http://www.techdirt.com/articles/20120413/01140518479/colombia-rushes-through-its-own-sopa-emergency-procedure-to-appease-us-ahead-obama-visit.shtml">rushed through</a> its own version of SOPA to appease the US.  Instead, it complains that Colombia isn't doing enough.
<br /><br />
It's really amazing that anyone takes this list seriously.  We've seen officials from the US Copyright Office -- who are ideologically aligned with the USTR -- publicly mock the Special 301 list before, which is about the level of respect it deserves.  Public Knowledge refers to the process as <a href="http://www.publicknowledge.org/public-knowledge-says-special-301-report-bows-big-" target="_blank">being "fact-free"</a> and that's being generous.  The list is such a joke at this point, that it would be a good thing for other countries to just respond to any mention of it by laughing heartily out loud.<br /><br /><a href="http://www.techdirt.com/articles/20120430/16000818719/ustr-releases-ridiculous-naughty-special-301-list-countries-who-dont-pass-silly-laws-hollywood-wants.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120430/16000818719/ustr-releases-ridiculous-naughty-special-301-list-countries-who-dont-pass-silly-laws-hollywood-wants.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120430/16000818719/ustr-releases-ridiculous-naughty-special-301-list-countries-who-dont-pass-silly-laws-hollywood-wants.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>silly-and-pointless</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120430/16000818719</wfw:commentRss>
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<pubDate>Thu, 26 Apr 2012 06:30:00 PDT</pubDate>
<title>New IP Watchlist Ranks Countries On How Well Their Copyright Laws Serve The Public</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120424/23284518640/new-ip-watchlist-ranks-countries-how-well-their-copyright-laws-serve-public.shtml</link>
<guid>http://www.techdirt.com/articles/20120424/23284518640/new-ip-watchlist-ranks-countries-how-well-their-copyright-laws-serve-public.shtml</guid>
<description><![CDATA[ We've written plenty about the absolutely ridiculous Special 301 Report put out each year by the USTR.  It's a list that the US uses to name and shame countries that it considers "naughty" when it comes to not passing intellectual property laws that the US likes.  Of course, there is no actual methodology behind the list.  Basically, various industry groups (i.e., RIAA, MPAA, PHRMA etc.) send in their thoughts about which countries they don't like, and the USTR magically takes their complaints and produces the list.  This leads to bizarre things like naming Canada one of the worst of the worst, despite having stricter copyright laws than the US already.
<br /><br />
Consumers International has decided that there's no reason that the USTR gets to have all the fun, so it's been <a href="http://www.consumersinternational.org/news-and-media/press-releases/2012/04/ip-watch-2012" target="_blank">releasing its own IP Watchlist</a> ranking countries based on <i>how pro- or anti-consumer</i> local IP laws.  In other words, Consumer International judges IP laws around the globe based on IP's actual purpose: <a href="http://www.techdirt.com/articles/20120407/00171418416/yes-copyrights-sole-purpose-is-to-benefit-public.shtml">to benefit the public</a>.  The <a href="http://www.consumersinternational.org/media/947282/ipwatchlist-2012-eng-web2-1.pdf" target="_blank">actual report</a> (pdf and embedded below) is a good read.
<br /><br />
The US actually does fairly well.  We're helped along by the fact that we actually have things like "fair use" in the law.  The UK, however, comes in near the bottom.  The report also highlights the ridiculousness of pushing stronger enforcement in some of the poorest countries in the world:
<blockquote><i>
Malawi is a politically-troubled, least-developed country where 
more than half of the population lives below the international 
poverty line of $1.25 per day. One would have thought that 
IP enforcement should take a back seat in such a country, in 
favour of measures designed to ensure the satisfaction of the 
population&#8217;s basic needs of food, water, clothing, shelter, and 
medical care.
<br /><br />
Yet Malawi was one of four poor countries in which Interpol 
chose to conduct an anti-counterfeiting campaign in 2009, and in which the local police often join IP-holder organisations 
in conducting copyright raids against local traders. Is this noholds-barred, developed-country model of IP protection and 
enforcement truly the most appropriate model for countries 
like Malawi?
</i></blockquote>
It's worth noting, by the way, that the top three countries on Consumer International's list -- Israel, Indonesia and India -- were also on the USTR's Special 301 "Priority Watch List" as having the worst IP regimes last year.  But, as Consumer International shows, they actually have the <i>best</i> IP regimes when it comes to serving the needs of the public.  That seems to show just how ridiculous the USTR's Special 301 list really is.<br /><br /><a href="http://www.techdirt.com/articles/20120424/23284518640/new-ip-watchlist-ranks-countries-how-well-their-copyright-laws-serve-public.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120424/23284518640/new-ip-watchlist-ranks-countries-how-well-their-copyright-laws-serve-public.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120424/23284518640/new-ip-watchlist-ranks-countries-how-well-their-copyright-laws-serve-public.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>alternative-to-the-special-301</slash:department>
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<pubDate>Tue, 27 Mar 2012 13:57:19 PDT</pubDate>
<title>Israeli/Iranian Citizens Reach Out Over Facebook For Peace</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20120320/11215618174/israeliiranian-citizens-reach-out-over-facebook-peace.shtml</link>
<guid>http://www.techdirt.com/articles/20120320/11215618174/israeliiranian-citizens-reach-out-over-facebook-peace.shtml</guid>
<description><![CDATA[ Disparate aspects of the ongoing advance of technology throughout the world are coming together in a very interesting and heartwarming result. As groups continue the attempt to <a href="http://www.techdirt.com/articles/20120103/04524417259/550-challenge-can-we-connect-everyone-world-online-yes-everyone-2018.shtml">connect everyone</a> in the world by the near-future, we've also seen how social media has been <a href="http://www.techdirt.com/articles/20110115/21524712692/pointless-question-week-was-tunisia-twitter-wikileaks-revolution.shtml">used recently</a> to organize and deploy protests and citizen activism, particularly in the Middle East. But those two stories are converging into a fascinating display of communication between two rival nations in that troubled region.
<br /><br />
In case you've been sleeping under a rock these past few months, it turns out the governments of Iran and Israel have some minor quibbles with one another. As a result, there's been much saber-rattling and boot-stomping between the two governments and popular opinion tends to be it's a matter of when, not if, the bullets and bombs begin flying. If one is not nuanced enough to separate out these nation's governments from their people, one might assume the common people in each state are equally rivalrous. This separation is made all the more difficult by the way both nations close off communication with one another, such that an individual in Israel is completely unable to make a simple phone call to an Iranian area code (it's blocked at the government level).
<br /><br />
But if you happen to think closing off all communication is silly and counter-productive (like me), you'll be delighted to know that the internet is here to save the day. CNN has the story of one Israeli citizen, Ronny Edry, a graphic designer, who thinks the prospect of pre-emptive war with Iran is absolutely insane, so he developed <a href="http://www.cnn.com/2012/03/19/world/meast/israel-iran-social-media/index.html?hpt=hp_c1">some simple but striking "posters" and put them up on Facebook</a>.
<blockquote>
<i>"My idea was simple, I was trying to reach the other side. There are all these talks about war, Iran is coming to bomb us and we bomb them back, we are sitting and waiting. I wanted to say the simple words that this war is crazy," said Edry.</i>
</blockquote>
The images featured pictures of various Israelies, such as Edry himself and his neighbors along with their children, and a message:
<br /><br />
<center><a href="http://imgur.com/DrUm6"><img src="http://i.imgur.com/DrUm6.jpg" title="Hosted by imgur.com" alt="" /></a></center>
<br /><br />
<p>Now if you're cynical, or you watch too much cable news, you might be wondering what the big deal is. So an Israeli made some posters and put them on Facebook. So what?
<blockquote><p><i>The response, said Edry, was overwhelming. "In a few hours, I had hundreds of shares and thousands of likes and it was like something was happening.</i></p><p><i>"I think it's really amazing that someone from Iran poked me and said 'Hello, I'm from Iran, I saw your "poster" on Facebook,' " Edry said.</i>
</p></blockquote></p><p>And that's when the posters created by <i>Iranian citizens in return</i> began flooding in. Posters with messages of peace and commonality. I found one particular post on Edry's Facebook page from an Iranian to be particularly heartening:
<blockquote><p><i>We share a common history, have been sharing both our great and ancient cultures, languages and poetry together. ... We are so similar, and politicians cannot cut a tie that has been tied thousands of years ago. I am proud to have you as my friends.</i>
</p></blockquote></p><p>I'm not going to go all peace, love and flower power on you, but this is why the internet age is so important. It's also why cutting off communication between nations, or allowing even the first steps of internet censorship to take hold, must be stopped at all costs. It's not just about copyright, or flash mobs, or YouTube videos showing Spaceballs clips. The internet is ultimately about <i>people sharing</i> with one another, whether they're sharing thoughts, images like this, or whatever. It's about commonality. It's about creating a web of bonds through which communication and understanding can flow.</p><p>And now, I'm realizing, it's about giving every man and woman the power to do what their blowhard, acrimonious politicians <i>won't</i> do: talk to one another.</p><br /><br /><a href="http://www.techdirt.com/articles/20120320/11215618174/israeliiranian-citizens-reach-out-over-facebook-peace.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120320/11215618174/israeliiranian-citizens-reach-out-over-facebook-peace.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120320/11215618174/israeliiranian-citizens-reach-out-over-facebook-peace.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>come-on-people-now-smile-on-your-brother</slash:department>
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<pubDate>Mon, 12 Apr 2010 02:28:00 PDT</pubDate>
<title>Israeli Court Says Course Ads Are Not Copyrightable; Aggregating Them Is Legal</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100407/1915478927.shtml</link>
<guid>http://www.techdirt.com/articles/20100407/1915478927.shtml</guid>
<description><![CDATA[ Over at Eric Goldman's blog, Israeli lawyer Yoram Lichtenstein has written up a discussion of <a href="http://blog.ericgoldman.org/archives/2010/04/in_aggregation.htm" target="_blank">two Israeli rulings concerning copyright on advertisements</a> (Lichtenstein was a lawyer in the second case, so he's not a neutral observer -- though his writeup appears to be quite neutral, much more so than I would have expected).  The first case, from a few years ago, involved a website that collected job ads from various sources, including various local newspapers.  The newspapers sued, but the court noted that it wasn't clear that the job ads were even covered by copyright -- and even if they were, the copyright wouldn't be held by the newspapers who were suing, but by the advertisers.
<br /><br />
The more recent case delved deeper into that original question of whether or not ads are copyrightable.  It involved a site, called Hug, that aggregated "a directory of leisure activities and courses" from a variety of different sources.  Nine advertisers apparently sued the company for copyright infringement.  Beyond wondering <i>why</i> advertisers would <i>ever</i> get pissed off at a site that would advertise them for free, and help drive more business to them, Hug also noted that it provided a lot more information than just what it pulled from elsewhere.  But the key question was whether or not the information in the ads was covered by copyright at all.
<br /><br />
Thankfully, the court said no (for the most part):
<blockquote><i>
The court decided that the course listings lacked originality (or creativity); usually they include only "dry" data. The court emphasized that although previous decisions did not demand very much creativity, ads still need at least some creative value to become copyrightable. Thus, "the advertiser holds no rights in the content of the advertisement, in a manner that enables to prevent other billboards and index sites to publish the ad without her authorization" (my translation).
<br /><br />
The court used, as an example to explain why the course descriptions were not copyrightable, a course description for sculpting sugar-figures for cakes. The text was (my translation, again): "Figure sculpturing workshop, consisting of two 5 hours encounters, each. The workshop emphasizes female and male proportions. First meeting shall include preparing the cake-base, and a winter male figure with proper clothes and accessories. On the second encounter we will prepare the female summer spouse, accessorized as well. At the conclusion of this fun activity each shall have the original couple s/he created."
</i></blockquote>
This seems mostly in line with US copyright law that does require some level of creativity above basic facts to qualify for copyright.  At the very least, it's good to see yet another smart copyright ruling in Israel.<br /><br /><a href="http://www.techdirt.com/articles/20100407/1915478927.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100407/1915478927.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100407/1915478927.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>makes-sense</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100407/1915478927</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 1 Apr 2010 19:59:00 PDT</pubDate>
<title>Israeli Supreme Court Says There Is No Legal Way To Reveal Anonymous Commenters Online</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100329/0145518759.shtml</link>
<guid>http://www.techdirt.com/articles/20100329/0145518759.shtml</guid>
<description><![CDATA[ Earlier this year, we wrote about a ruling in Israel that <a href="http://www.techdirt.com/articles/20100126/0759327901.shtml">protected the anonymity</a> of an online commenter on free speech grounds, with the judge noting:
<blockquote><i>
"The good of online anonymity outweighs the bad, and it must be seen as a byproduct of freedom of speech and the right to privacy." 
</i></blockquote>
<a href="http://twitter.com/PrivacyLaw/statuses/11218445405" target="_blank">Michael Scott</a> now points us to another ruling in Israel, this time in the country's Supreme Court that appears to go further (unless I'm misunderstanding Israeli law -- which is entirely possible) in saying that <a href="http://2jk.org/english/?p=197" target="_blank">there isn't even a legal procedure to unveil anonymous commenters</a>:
<blockquote><i>
Hon. Justice Eliezer Rivlin dismissed Mor's petition and analysed the procedure to reveal anonymous posters. According to his ruling "it is an attempt to harness, prior to a legal proceeding, the justice system and a third party in order to conduct an inquiry which will lead to the revealing of a person committing a tort so that a civil suit could be filed against him. It is, de facto, an investigative-like procedure that the court is drafted to in a preliminary procedure in this way or another. This procedure is not trivial, it involves policy consideration and requires legislative regulation". His decision rules, actually, that until a procedure will be legislated, petitions to reveal anonymous users may not be granted (and according to estimations, there is at least one daily request per ISP).
</i></blockquote>
As the analysis at the link above suggests, this likely means that politicians will quickly draft legislation to create a procedure for unveiling anonymous commenters, but the court did warn that any such procedure should tread carefully:
<blockquote><i>
Shattering the 'illusion of anonymity', in a reality where a user's privacy feeling is a myth, may raise associations of a "big brother". Such violation of privacy should be minimized. In adequate boundaries the anonymity shelters should be preserved as a part of the Internet Culture. You may say that anonymity makes the internet what it is, and without it the virtual freedom may be reduced.
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20100329/0145518759.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100329/0145518759.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100329/0145518759.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>is-that-good-or-bad?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100329/0145518759</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 9 Mar 2010 11:31:00 PST</pubDate>
<title>White House Can't Stream Biden's Speech; So Uses Justin.tv Instead</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100308/1905038468.shtml</link>
<guid>http://www.techdirt.com/articles/20100308/1905038468.shtml</guid>
<description><![CDATA[ Here's a nice surprise.  Apparently Vice President Joe Biden is visiting Israel, and giving a speech at Tel Aviv University.  However, without the official White House television crew, they didn't think they'd be able to stream the speech live on the web -- until <a href="http://thehill.com/blogs/hillicon-valley/technology/85481-white-house-relies-on-justintv-to-stream-bidens-speech" target="_blank">they decided to just use Justin.tv</a>, one of a few excellent online services that make it drop dead simple to stream live video online.  This may be an even bigger deal than you'd imagine, as Justin.tv has been <a href="http://www.techdirt.com/articles/20091215/0940027360.shtml">targeted</a> by some politicians because some users have streamed TV shows and live sporting events via the service, potentially infringing on copyrights.  And, of course, Joe Biden tends to be <a href="http://www.techdirt.com/articles/20091215/0200387354.shtml">pretty close</a> with the entertainment industry, and typically seems to favor that industry over the technology industry.  But, perhaps, he'll start to see the light on how technology like this is <i>useful</i>, rather than a threat.<br /><br /><a href="http://www.techdirt.com/articles/20100308/1905038468.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100308/1905038468.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100308/1905038468.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-for-them</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100308/1905038468</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 26 Jan 2010 22:14:27 PST</pubDate>
<title>Israeli Court Supports Anonymity For Online Commenters</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100126/0759327901.shtml</link>
<guid>http://www.techdirt.com/articles/20100126/0759327901.shtml</guid>
<description><![CDATA[ While the US courts have been <a href="http://www.techdirt.com/articles/20090227/1807363929.shtml">quite good</a> about protecting the anonymity of online commenters, very few other countries feel the same way.  However, Roni Evron alerts us to a ruling in Israel <a href="http://www.haaretz.com/hasen/spages/1144846.html" target="_blank">that also protects the anonymity of blog commenters</a>, ruling that the site doesn't need to hand over the IP addresses of commenters:
<blockquote><i>
"The good of online anonymity outweighs the bad, and it must be seen as a byproduct of freedom of speech and the right to privacy."
</i></blockquote>
The court didn't necessarily say that commenters could never be revealed, but that courts have to be careful to measure the impact:
<blockquote><i>
Avraham suggested looking at issues such as how extreme the allegedly damaging remarks are, whether the attack was systematic or a one-time phenomenon, and how seriously a reasonable reader would take the comments. 
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20100126/0759327901.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100126/0759327901.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100126/0759327901.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-for-them</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100126/0759327901</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 25 Jan 2010 21:29:00 PST</pubDate>
<title>Israel Making Generic Patents As Big An Int'l Trade Issue As Corruption And Bribery?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100120/1030337834.shtml</link>
<guid>http://www.techdirt.com/articles/20100120/1030337834.shtml</guid>
<description><![CDATA[ Having just seen how the US was <a href="http://www.techdirt.com/articles/20100115/1549467778.shtml">putting pressure on Costa Rica</a> to modify its copyright laws for the purposes of a "free trade" agreement, Dylan F sends in the news of how the international community seems to be <a href="http://www.nytimes.com/2010/01/20/world/middleeast/20israel.html?partner=rss&#038;emc=rss" target="_blank">putting pressure on Israel to change a few things</a> in order to join the OECD.  There are three issues discussed, and you can see how the first two are at least worth discussing: corruption/bribery in weapons trade and its ongoing dispute with Arab territories within the country.  But it's difficult to see how the third issue, generic patents, could possibly be seen on the same level as the first two.  But, there it is:
<blockquote><i>
The second concern, regarding intellectual property rights, involves the Israeli company Teva Pharmaceuticals, one of the world’s largest producers of generic drugs. Major American and Swiss companies have long accused Israel of insufficient regulation of the way Teva markets its products in the face of patent regulations in other countries.
</i></blockquote>
So, because some big pharma companies can't compete well with Israeli generics, Israel should be barred from joining the OECD?<br /><br /><a href="http://www.techdirt.com/articles/20100120/1030337834.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100120/1030337834.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100120/1030337834.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>equivalencies?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100120/1030337834</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 5 Jan 2010 06:35:00 PST</pubDate>
<title>Time For 'Israelification' Of U.S. Airports?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100104/1154497594.shtml</link>
<guid>http://www.techdirt.com/articles/20100104/1154497594.shtml</guid>
<description><![CDATA[ <b>theodp</b> writes <i>"A few days ago, the Toronto Star reported that <a href="http://www.thestar.com/news/world/article/744199---israelification-high-security-little-bother">security experts point to 'Israelification' as a possible cure for what ails North America's security-paralyzed airports</a>. That is, how can we make our airports more like Israel's, which deal with far greater terror threat with far less inconvenience. 'It is mindboggling for us Israelis to look at what happens in North America, because we went through this 50 years ago,' said Rafi Sela, president of a transportation security consultancy. Unless a more sensible approach to security is adopted, Sela warned that North American airports could be crippled by needless airport evacuations. As if to prove his point, Newark Liberty International Airport -- which is <a href="http://www.nj.com/news/index.ssf/2010/01/newark_liberty_international_a_4.html">planning to unleash $160,000 high-tech full-body scanners</a> on travelers to improve security -- <a href="http://www.msnbc.msn.com/id/34682282/ns/us_news-security/">had to be evacuated Sunday night and flights were grounded</a> after a man <a href="http://gawker.com/5439246/newark-airport-incident-reveals-obvious-security-flaw">walked the wrong way through a screening checkpoint exit</a> to enter the secured side of a terminal. Looks like we may owe Mr. Sela an I-told-you-so on this one."</i>
<br /><br />
I had seen the Toronto Star article when it came out, and it's definitely worth reading.  It does appear that the Israelis are a lot more focused on security that works, rather than security theater -- though I don't think any security system is foolproof.  I do think that there's a lot to what Sela says at the end of the article as to why the TSA hasn't followed Israel's lead:
<blockquote><i>
"We have a saying in Hebrew that it's much easier to look for a lost key under the light, than to look for the key where you actually lost it, because it's dark over there. That's exactly how (North American airport security officials) act," Sela said. "You can easily do what we do. You don't have to replace anything. You have to add just a little bit -- technology, training. But you have to completely change the way you go about doing airport security. And that is something that the bureaucrats have a problem with. They are very well enclosed in their own concept."
</i></blockquote>
As for the question on "full body scans," while not mentioned in the article, it's worth noting that Israeli airport security apparently doesn't use such machines either.  I saw an interview recently with an Israeli security expert, who said that using such machines (the ones that allow screeners to effectively see travelers naked) would create a much bigger mess, as traditional and religious men would become incredibly offended at screeners seeing their wives naked.
<br /><br />
The key difference in the two systems is that the US (and most others) seem intent on scanning what you're bringing on the plane.  The Israelis are a lot more interested in who you are and how you act.<br /><br /><a href="http://www.techdirt.com/articles/20100104/1154497594.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100104/1154497594.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100104/1154497594.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>security-or-security-theater</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100104/1154497594</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 14 Dec 2009 03:14:48 PST</pubDate>
<title>Israeli ISPs Caught Traffic Shaping Without Admitting It</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091214/0014477332.shtml</link>
<guid>http://www.techdirt.com/articles/20091214/0014477332.shtml</guid>
<description><![CDATA[ For many years, in the US, there were claims that Comcast was doing traffic shaping on its network, slowing down or even blocking certain types of traffic.  Despite increasingly sophisticated evidence, Comcast always denied it, until the Associated Press finally presented <a href="http://www.techdirt.com/articles/20071019/115242.shtml">proof</a>.  Comcast still tried to <a href="http://www.techdirt.com/articles/20071022/180036.shtml">dance around</a> on definitions, but finally came clean.  In response it got a <a href="http://www.techdirt.com/articles/20080713/1401571658.shtml">wrist slap</a> from the FCC (which it's fighting in court), but it has become a lot more transparent in its traffic shaping/filtering practices.  There just isn't any logical reason why any ISP should be less than forthcoming about these issues.
<br /><br />
<a href="http://yro.slashdot.org/story/09/12/14/0056209/Israeli-ISPs-Caught-Interfering-With-P2P-Traffic?from=rss&#038;utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed%3A+Slashdot%2Fslashdot+(Slashdot)" target="_blank">Slashdot</a> points us to the news that a new study of Israeli ISPs shows that, despite denying it, <a href="http://www.ynetnews.com/articles/0,7340,L-3819279,00.html" target="_blank">many are traffic shaping P2P traffic</a>, often using deep packet inspection.  Apparently, Israel's Communications Ministry is already looking into this and determining if it requires any action on its part.  It makes you wonder why ISPs think it makes sense not to explain what they're doing to customers.<br /><br /><a href="http://www.techdirt.com/articles/20091214/0014477332.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091214/0014477332.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091214/0014477332.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-will-backfire-again-and-again</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20091214/0014477332</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 16 Sep 2009 12:23:38 PDT</pubDate>
<title>Around The Globe, Entertainment Industry Pisses Off Fans Promoting Content</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090915/0343476193.shtml</link>
<guid>http://www.techdirt.com/articles/20090915/0343476193.shtml</guid>
<description><![CDATA[ You would think that the various entertainment industry rights organizations around the world would recognize how badly attacking consumers has failed and wouldn't continue to do it in every other country, but apparently common sense travels a lot slower than unauthorized content these days.  Roni Evron alerts us to how a bunch of Israeli YouTube users are pissed off after rights holder Unicell <a href="http://www.haaretz.com/hasen/spages/1114376.html" target="_new">convinced YouTube to pull down a bunch of content and close user accounts</a>, even for content that just isn't available anywhere else:
<blockquote><i>
One of the more prominent Israeli users of YouTube is 40-year-old Guy, who has been operating his own homepage there for three years. Guy says that he spends about two hours every day uploading content. He focuses on old archival material: Israeli music which is now considered classic.
<br /><br />
"I do it out of love and I have no commercial interests," he says. "The idea behind this is ideological, romantic, to expose older cultural material, to make it accessible to as many people as possible. In most cases it is not readily available anywhere else."
<br /><br />
For example, he has uploaded the contents of singer-songwriter Matti Caspi's first album from 1974, and material from the "Siba L'mesiba" ("Excuse for a Party") television program, which aired on the Channel One from 1984-1990.
<br /><br />
Most of the responses he gets, according to Guy, are from former Israelis who live abroad; they are enthusiastic and ask him to add more material.
<br /><br />
He admits that he is not current on copyright law, but believes removal of the content from the Internet is proof of narrow-mindedness.
<br /><br />
"Perhaps exposure to this material in fact increases demand," he says. "YouTube is no substitute for purchasing music in higher quality formats; it simply provokes nostalgia. This work is a community service." 
</i></blockquote>
You have to wonder if the recent <a href="http://www.techdirt.com/articles/20090903/1114596096.shtml">Israeli ruling</a> that found that the rights of users should be respected, and that copyright claims should only be dealt with if they were "especially severe, wrongs committed in aggravated circumstances," will come into play in these sorts of situations.<br /><br /><a href="http://www.techdirt.com/articles/20090915/0343476193.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090915/0343476193.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090915/0343476193.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>spin-the-globe</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090915/0343476193</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 3 Sep 2009 12:29:00 PDT</pubDate>
<title>Israeli Judge: Watching Streaming Games Online Is Fair Use</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090903/1114596096.shtml</link>
<guid>http://www.techdirt.com/articles/20090903/1114596096.shtml</guid>
<description><![CDATA[ The entertainment industry has, in the past, accused Israel of not properly respecting copyright, but Israeli officials, rather than bending to the will of Hollywood lobbyists <a href="http://www.techdirt.com/articles/20080318/075016574.shtml">hit back</a> with a long and detailed response, noting that its copyright law has already been influenced too much by American-style copyright law -- and just because they didn't go completely draconian and implement a version of the DMCA, it doesn't mean they don't have strong copyright laws.  You have to imagine, however, that Hollywood's lobbying community is about to go ballistic after reading a recent decision (sent in by a ton of people -- including one of the lawyers involved in the case!) concerning an attempt by the Premier League to unveil the owner of a website, LiveFooty, that allowed people to watch streaming football (soccer for folks on this side of the Atlantic) matches.
<br /><br />
Now, we've already covered <a href="http://www.techdirt.com/articles/20090811/1913425851.shtml">incredibly aggressive</a> legal strategy of suing <i>any</i> site that lets people stream its matches.  Quite often, it goes after service providers rather than the actual users, and also goes after services in places where the games aren't viewable anyway (so it's not even taking away any real revenue).  Either way, the judge in an Israeli district court was not impressed and <a href="http://www.guardian.co.uk/football/2009/sep/02/premier-league-online-piracy" target="_new">tore apart the Premier League's arguments</a>:
<blockquote><i>
the Tel Aviv District Court ruled that it was a case of "fair use" since no profit was made from the broadcasts and that, in Israeli law, breach of "broadcasting" copyright only referred to cable or wireless transmission and not streaming over the internet.
<br /><br />
The judge, Michal Agmon-Gonen, furthermore ruled that the site had important social aims -- "watching sports events is socially important and should remain in the realm of mass entertainment, and not just be for those who can afford it" -- and argued that those who view online were not damaging the revenues of broadcasters. She said they were mainly "those of small means or who are not sufficiently interested in sport to pay".
</i></blockquote>
That's the report from the Guardian, but the full ruling from the judge gets a lot more interesting.  In refusing to reveal the name of the owner of the site, she talked about the importance of not giving in to the chilling effects of copyright infringement claims, and the importance of <a href="http://www.globes.co.il/serveen/globes/docview.asp?did=1000494996&#038;fid=942" target="_blank">setting a very high bar on such things</a>:
<blockquote><i>
"Someone who claims breach of copyright must meet two conditions. The first is to present prima facie evidence of a breach, that will lead with a high degree of probability to proof of it. Secondly, the breaches claimed must be especially severe, wrongs committed in aggravated circumstances," the judge said. This is because "unintentionally, millions of people infringe copyright every day; there are no grounds for disclosing their identities in such cases, but only when it is a matter of blatant and severe infringement."
</i></blockquote>
As far as I know, this is the first time I've seen a judge highlight unintentional infringement, and the chilling effects of making it such that anyone needs to constantly look over their shoulder and be afraid that almost anything they do may be judged to be a violation of copyright laws.
<br /><br />
The Premier League will certainly appeal, and you can bet that Hollywood lobbyists will soon come out with yet another report claiming that Israel is a "haven for pirates" or some ridiculous claptrap along those lines.  One hopes that this thoughtful ruling that focuses on the public's rights will stand up and get recognized for recognizing that copyright isn't just about the rights of the copyright holders, but about the rights of the public too.  However, given the history of the entertainment industry lobby, it seems unlikely.<br /><br /><a href="http://www.techdirt.com/articles/20090903/1114596096.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090903/1114596096.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090903/1114596096.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>wow</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20090903/1114596096</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 31 Oct 2008 15:10:00 PDT</pubDate>
<title>Israel Trying To Build Biometric Database</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20081031/0316132700.shtml</link>
<guid>http://www.techdirt.com/articles/20081031/0316132700.shtml</guid>
<description><![CDATA[ Reader Ido alerts us to the news coming out of Israel, that the Senate there has moved forward on a bill that would <a href="http://www.ynetnews.com/articles/0,7340,L-3614965,00.html" target="_new">create a huge biometric database</a> including data on all Israelis, and refusing to provide such data could land anyone a year in jail.  As the article notes, there's a rather loud uproar about this, as many Israelis fear not only for their own privacy and civil liberties, but wonder just how such a database will be abused -- either by gov't officials or by hackers.  It sounds like the bill still has a ways to go before becoming law, but this appears to be yet another move by a government to mistakenly assert that taking away people's privacy somehow makes them more secure.<br /><br /><a href="http://www.techdirt.com/articles/20081031/0316132700.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20081031/0316132700.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20081031/0316132700.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>privacy?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20081031/0316132700</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 23 Apr 2008 23:52:54 PDT</pubDate>
<title>If You're Part Of An Elite Military Unit, Perhaps You Shouldn't Be Uploading Photos Of Your Base To Facebook</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080423/183304931.shtml</link>
<guid>http://www.techdirt.com/articles/20080423/183304931.shtml</guid>
<description><![CDATA[ People who have grown up with social networking type sites and applications have become used to the idea of really documenting their lives with them: providing detailed updates and regularly uploading photos of their activities.  That's great for most folks -- but if you're in an elite military unit in a war zone, that might present a problem.  An Israeli soldier has been <a href="http://news.bbc.co.uk/2/hi/middle_east/7364091.stm" target="_new">sentenced to 19 days in jail</a> after the military noticed that he'd been posting photos of the base where he was stationed to Facebook where anyone could see them.  You would think that it would be common sense not to do such a thing... but common sense sometimes isn't so common.<br /><br /><a href="http://www.techdirt.com/articles/20080423/183304931.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080423/183304931.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080423/183304931.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>just-a-suggestion</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080423/183304931</wfw:commentRss>
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<pubDate>Fri, 21 Mar 2008 10:23:00 PDT</pubDate>
<title>Israel Hits Back On Charges From US Lobbyists That It Doesn't Respect Copyright</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080318/075016574.shtml</link>
<guid>http://www.techdirt.com/articles/20080318/075016574.shtml</guid>
<description><![CDATA[ Every February, a US lobbying group called the International Intellectual Property Alliance comes out with a <a href="http://www.techdirt.com/articles/20030214/0842202.shtml">"report"</a> to the US Trade Representative, supposedly highlighting which countries aren't living up to their obligations with regards to "piracy" and copyright law.  The hope is to get the USTR to put that country on a special <a href="http://www.techdirt.com/articles/20070501/004949.shtml">watch list</a>.  In recent years, much of the focus has been on blaming countries that don't implement draconian copyright laws (even more draconian than those in place in the US), claiming incorrectly that failing to create DMCA-like laws is a failure to live up to international treaties.  That's simply not true.  Michael Geist is now pointing out that Israel, who was highlighted in this year's report, <a href="http://www.michaelgeist.ca/content/view/2765/125/" target="_new">has responded to the "inaccuracies and hyperbole" in the report</a>.  The Israeli response includes a rather lengthy discussion of all the things the country has already done to put in place more American-style copyright and patent laws, but does push back on a couple of important points.  Specifically, in discussing the fact that it hasn't put in place DMCA-style anti-circumvention laws for DRM (which is referred to as "Technology Protection Measures" or TPM):
<blockquote><i>
Internal discussions on whether to implement TPM continue and in this respect the GOI [Government of Israel] notes that the experience with TPM around the world has not been uniform, nor has it achieved the results that many of its early promoters thought it would. Additionally, comments received by the Ministry of Justice following a "request" for comments on the subject of TPM, indicate that many several large authors' groups vehemently oppose TPM, while other right holders categories favor TPM. The critiques and criticism of TPM both from business model perspectives and from copyright perspectives are almost endless. Indeed, some content providers are already experimenting with non-encrypted access to content. Hence, the question of whether and in what manner to implement TPM is not straightforward and politically volatile. 
</i></blockquote>
Given that so many in the entertainment industry are (belatedly) realizing the pointlessness of DRM, the above paragraph is rather restrained.   The response then pushes back on complaints that the safe harbors for ISPs and notice-and-takedown provisions it has for infringing content online are too lenient.  In the US system, an ISP is supposed to just take the content down when informed of infringement.  Israel decided on a much more balanced system that gives the other side at least a chance to respond.  This seems reasonable, but it doesn't make the content industry happy.  The explanation from the Israeli government is worth reading:
<blockquote><i>
The notice and
takedown provisions are balanced and reasonable as between the rights of persons
claiming injury (copyright or libel for example) and the rights of free expression.
Where allegedly infringing material is notified to the ISP or host and the uploader
fails to refute the charges within three days, the offending material will be removed.
The IIPA, it appears, prefers a system wherein ISPs and hosts would have to take
down material as soon as there is an allegation of infringement, without need for due
process or rebuttal. A "takedown" system which operates on the basis of a mere
allegation of infringement would be an invitation to censorship and abuse of process.
To require "take down" on the basis of "constructive notice" alone, as desired by the
IIPA, would require the ISP or Host to make rulings of law as to whether certain
content infringes copyright or is libelous or otherwise actionable, something that only
courts have competency to do. Again to require takedown on the basis of
"constructive notice" (i.e. the allegation of an interested party) alone would be an
invitation to censorship, abuse and restraints on free speech. It is not the role of the
ISP or Host to become a policeman of content. Requiring such would effectively
bring the internet to a halt. Similarly, protecting the anonymity, to a reasonable extent,
of uploaders of content is essential to the promotion of free speech and discourse on
the internet, provided that a court has not ruled differently.
</i></blockquote>
There's also a nice bit in the response to the claim that Israel's latest copyright law does not implement a "fair use" policy exactly the way the IIPA would like it.  The Israeli government's basic response notes that even the <i>US's own definition of fair use</i> doesn't match what the IIPA is asking Israel to implement, pointing out that its own fair use rules are almost identical to the US's.  It's nice to see at least some people pointing out the ridiculous claims made by lobbyists trying to push for even more draconian and limiting copyright laws outside the US.<br /><br /><a href="http://www.techdirt.com/articles/20080318/075016574.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080318/075016574.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080318/075016574.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>don't-believe-the-hype</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080318/075016574</wfw:commentRss>
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<pubDate>Thu, 6 Mar 2008 14:53:51 PST</pubDate>
<title>IFPI Gets Israeli Court To Block (And Advertise) File Sharing Site</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080306/075612462.shtml</link>
<guid>http://www.techdirt.com/articles/20080306/075612462.shtml</guid>
<description><![CDATA[ The entertainment industry really has a way about convincing judges and politicians that something really awful is going on with bittorrent search engines -- despite the fact that they have yet to present any evidence that any of them are illegal.  Since they're search engines, they are not hosting any infringing content, and there are plenty of legitimate uses of these systems, as can be seen by the fact that Trent Reznor just used various torrent sites to help promote his latest album (which appears to be doing <a href="http://www.techdirt.com/articles/20080304/162842435.shtml">quite well</a>).  If there are problems with particular content, the answer isn't to blame the site, but to go after those responsible for offering up the infringing content itself.  Yet, through various scare tactics, the entertainment industry convinces judges and politicians that it's the search engines' fault.  The latest is in Israel, where the IFPI has convinced a judge to <a href="http://torrentfreak.com/ifpi-forces-block-of-file-sharing-site-080306/" target="_new">order the country's largest ISPs to block a torrent site</a> named Httpshare.  This doesn't appear to fit with the laws in Israel at all, which has some wondering why the judge would make such an order.  Of course, the end result will likely backfire on the IFPI.  Remember, it was just a few weeks ago that a Danish court similarly ordered ISPs to <a href="http://www.techdirt.com/articles/20080204/213143171.shtml">block Pirate Bay</a>.  The end result was just to generate a <i>lot</i> more attention for Pirate Bay <a href="http://www.techdirt.com/articles/20080211/031224223.shtml">increasing traffic</a> greatly from Denmark.  The same thing is likely to now happen in Israel with Httpshare, a site I'd never heard about.  There will be rather easy workarounds for users who want to get there, and thanks to the IFPI putting it in the headlines, chances are many more people will go check it out.<br /><br /><a href="http://www.techdirt.com/articles/20080306/075612462.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080306/075612462.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080306/075612462.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>down-goes-another-one</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080306/075612462</wfw:commentRss>
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<pubDate>Tue, 12 Feb 2008 13:01:00 PST</pubDate>
<title>Google Sued Over User-Generated Google Earth Content In Israel</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080211/193329231.shtml</link>
<guid>http://www.techdirt.com/articles/20080211/193329231.shtml</guid>
<description><![CDATA[ A few years back, there was a bit of a controversy after Taiwanese officials got upset with Google for <a href="http://www.iht.com/articles/2005/10/04/news/taiwan.php">including</a> Taiwan as a part of China in its Google Maps offering.  When it comes to disputed maps and sovereignty, it's no surprise that the map makers are drawn into regional conflicts on which they wish they could remain neutral.  Now that Google is increasingly allowing <a href="http://www.techdirt.com/articles/20071119/162541.shtml">user generated content</a> to appear on Google Earth and Google Maps, things get even more confusing.  In fact, reader <b>Jason</b> writes in to let us know of a brewing controversy, where a town in Israel is <a href="http://www.iht.com/articles/ap/2008/02/11/africa/ME-GEN-Israel-Google-Earth.php" target="_new">suing Google over a note placed on Google Earth by a user</a>, suggesting that the town itself was built on the ruins of a Palestinian town, whose residents were forced out.  The people in the town deny this, and say that the land was barren and uninhabited when they arrived and built the town following World War II.  
<br /><br />
No matter what your opinion on the history of the land, it's difficult to see how Google is liable.  The person who created the note is easily identified.  In fact, the AP reporter spoke to him, and he noted that he would gladly change the note on Google Earth if presented with more evidence that the Palestinian town was actually located elsewhere.  Either way, it's hard to see how anyone really benefits from this particular argument or lawsuit.  Google merely provided the platform, and arguing (and suing) about what town existed where at what point hardly seems like a productive path for anyone.  Still, don't be surprised to see other complaints lodged against Google for content found on Google Earth.  People tend to take things like maps pretty seriously, which is why there are occasional wars over how those lines are drawn.  By opening up the possibility of "virtually" drawing lines however people want, Google is opening the door to quite a bit of animosity within certain disputed regions.  One would hope that people would recognize there are more productive issues to focus on -- but that seems unlikely.<br /><br /><a href="http://www.techdirt.com/articles/20080211/193329231.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080211/193329231.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080211/193329231.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>controversy-follows-Google-around</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080211/193329231</wfw:commentRss>
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<pubDate>Thu, 3 Jan 2008 00:33:04 PST</pubDate>
<title>Did It Really Take Over A Year For Security Companies To Realize That Iranian Prez's Blog Installs Trojans?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20071227/151316.shtml</link>
<guid>http://www.techdirt.com/articles/20071227/151316.shtml</guid>
<description><![CDATA[ Someone who apparently prefers to remain anonymous submitted to us the news that Israeli security companies are warning people to stay away from Iranian President Mahmoud Ahmadinejad's blog, as it <a href="http://www.aviransplace.com/2007/12/27/iran-presidents-blog-installs-trojan-horse/">installs some spyware</a>.  What struck me as odd about that story was that this is not news at all.  In fact, it was <a href="http://www.oreillynet.com/linux/blog/2006/08/ahmadenijad_blog_contains_a_li.html">widely reported</a> in the weeks following the launch of Ahmadinejad's blog.  The blog watches to see if your IP address is from Israel and then tries to install the spyware (if you're using Windows).  So, why is it suddenly being reported in Israel that this is happening, when it was well known about a year and a half ago?  Isn't that a little late to try to get the warning out?<br /><br /><a href="http://www.techdirt.com/articles/20071227/151316.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071227/151316.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071227/151316.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>seems-a-bit-slow</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20071227/151316</wfw:commentRss>
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<pubDate>Tue, 27 Nov 2007 09:11:00 PST</pubDate>
<title>Google Ordered To Reveal Blogger's IP In Israel</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20071127/025958.shtml</link>
<guid>http://www.techdirt.com/articles/20071127/025958.shtml</guid>
<description><![CDATA[ Someone who prefers to remain anonymous writes in to let us know that: <i>&quot;An Israeli court has <a href="http://www.aviransplace.com/2007/11/27/google-ordered-to-reveal-blogger%e2%80%99s-identity/">ordered Google to reveal the identity of a blogger</a> that uses Google's own blogging platform, Blogger.  The blogger accused a Shaarei Tikva comity member of illegal acts all through his blog posts. Google objected to the request claiming freedom of speech, however the court sided with the plaintiff and said that since the plaintiff is a public figure running for reelection, he is allowed to confront his accuser and clear his name.&quot;</i>  Google did, apparently, try to reach the blogger in question who did not respond, and the company only needs to hand over an IP address -- which isn't necessarily the blogger's "identity," though it could lead to it.  There's nothing wrong with a court requiring a service provider to cough up identifying information on someone who has broken the law -- but it gets into very tricky territory when it comes to things like libel.  We recently covered a number of <a href="http://www.techdirt.com/articles/20071022/015242.shtml">similar</a> cases in the UK where the results were the same -- but a case in the US had the judge determine that the anonymous speech was <a href="http://www.techdirt.com/articles/20071114/015715.shtml">protected</a> and the person shouldn't be revealed.  It seems likely that we're only going to see more of these cases over time -- and questions about jurisdiction are only going to make them more confusing.  What if the blogger in this case actually resides in the US, for example?<br /><br /><a href="http://www.techdirt.com/articles/20071127/025958.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20071127/025958.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20071127/025958.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sorry,-no-anonymity-for-you</slash:department>
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