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<title>Techdirt. Stories filed under &quot;petition&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;petition&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Wed, 29 May 2013 14:33:00 PDT</pubDate>
<title>White House Makes It Impossible For The Blind To Sign Petition Supporting Copyright Treaty For The Blind</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130529/12100423240/white-house-makes-it-impossible-blind-to-sign-petition-supporting-copyright-treaty-blind.shtml</link>
<guid>http://www.techdirt.com/articles/20130529/12100423240/white-house-makes-it-impossible-blind-to-sign-petition-supporting-copyright-treaty-blind.shtml</guid>
<description><![CDATA[ Last week, we <a href="http://www.techdirt.com/articles/20130523/12283223188/petition-asks-obama-to-support-treaty-blind-rather-than-siding-with-hollywood.shtml">discussed</a> a recent <a href="https://petitions.whitehouse.gov/petition/side-blind-over-obstructionist-companies-secure-treaty-blind-makes-books-accessible-globally/ZJtgcVph" target="_blank">We The People petition</a> at the White House, asking the administration to support the treaty for the blind, which would make it easier to access creative works for the blind by creating a few small "exceptions" to copyright law (i.e., returning rights to the public) for the sake of sharing formats that are accessible to the blind across borders.  However, some blind advocacy groups have discovered that, if you happen to be blind/visually impaired, <a href="http://www.politico.com/politico44/2013/05/blind-advocates-blast-white-house-164914.html" target="_blank">it's basically impossible to sign the petition</a>.
<blockquote><i>
The glitch, the group says, is in those often annoying tests that require users to type in a set of numbers and letters to prove they are human. On the White House web site, blind users can select an audio version of the test, but the audio is incomprehensible, according to federation spokesman Chris Danielsen.
<br /><br />
And if users want to send email notifying the White House about the problem, well, that also requires a computer-human test with garbled audio, too, he said.
</i></blockquote>
That's certainly convenient for an administration that has increasingly moved away from its earlier stance that it supported this treaty. Now, making it almost impossible for the actual stakeholders to express their opinion really <i>should</i> drive home why increased accessibility is important.  Hopefully the White House will quickly fix this bug, but more importantly, it would be nice if they actually supported the damn treaty.<br /><br /><a href="http://www.techdirt.com/articles/20130529/12100423240/white-house-makes-it-impossible-blind-to-sign-petition-supporting-copyright-treaty-blind.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130529/12100423240/white-house-makes-it-impossible-blind-to-sign-petition-supporting-copyright-treaty-blind.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130529/12100423240/white-house-makes-it-impossible-blind-to-sign-petition-supporting-copyright-treaty-blind.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-isn't-that-convenient?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130529/12100423240</wfw:commentRss>
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<pubDate>Fri, 24 May 2013 15:51:00 PDT</pubDate>
<title>Petition Asks Obama To Support Treaty For The Blind, Rather Than Siding With Hollywood</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130523/12283223188/petition-asks-obama-to-support-treaty-blind-rather-than-siding-with-hollywood.shtml</link>
<guid>http://www.techdirt.com/articles/20130523/12283223188/petition-asks-obama-to-support-treaty-blind-rather-than-siding-with-hollywood.shtml</guid>
<description><![CDATA[ During the course of President Obama's administration, he has gone back and forth over support for the WIPO treaty for the blind, which would make it easier for vision impaired people to get copies of books that they can read (allowing legally made copies to be shared across borders).  It's a pretty simple proposition, and while the White House had announced <a href="http://www.techdirt.com/articles/20091215/1813047374.shtml">support</a> for the agreement back in 2009, the people who were responsible for that position were later replaced by content industry folks, who <a href="http://www.techdirt.com/articles/20100625/0111289958.shtml">suddenly changed</a> the administration's position on the treaty.  Since then, the administration has been responsible for <a href="http://www.techdirt.com/articles/20120725/03494019823/obama-administration-stalls-treaty-to-help-blind-effort-to-appease-big-publishers-aka-campaign-donors.shtml">blocking</a> the treaty from getting done.   And, of course, we've seen the MPAA <a href="http://www.techdirt.com/articles/20130419/12234522768/mpaa-tells-us-government-to-screw-over-blind-reject-fair-use.shtml">celebrate</a> this lack of a treaty, because it sees <i>any</i> attempt to negotiate a treaty that includes "exceptions" to copyright (i.e., rights of the public) expanded as a problem.
<br /><br />
With the next round of negotiations set to take place soon in Morocco, a "We the People" petition has been set up to ask President Obama <a href="https://petitions.whitehouse.gov/petition/side-blind-over-obstructionist-companies-secure-treaty-blind-makes-books-accessible-globally/ZJtgcVph" target="_blank">to side with the blind, rather than the MPAA</a>.
<blockquote><i>
Less than 1% of printed works globally are accessible to the blind. This is because laws around the world bar printed material from being turned into formats useable by the blind and visually impaired, or for such material to be shared across borders.
<br /><br />
That&#8217;s why 186 countries will soon convene in Morocco to finalize a Treaty that would empower the world&#8217;s nearly 300 million blind citizens with the same rights to read, learn, and earn that the sighted enjoy. However, huge and powerful corporations &#8211; many wholly unaffected by the proposed Treaty &#8211; are working to fatally weaken it or block its adoption.
<br /><br />
Ask the President to compel US negotiators to fight for a strong Treaty that gives blind people equal access to books and doesn't burden those who want to provide them. Please sign today!
</i></blockquote>
It may be difficult to get to 100,000 signatures, but We The People petitions have previously been successful in getting the administration to come out against SOPA and against the Library of Congress' decision to say that unlocking mobile phones is a form of copyright infringement.<br /><br /><a href="http://www.techdirt.com/articles/20130523/12283223188/petition-asks-obama-to-support-treaty-blind-rather-than-siding-with-hollywood.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130523/12283223188/petition-asks-obama-to-support-treaty-blind-rather-than-siding-with-hollywood.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130523/12283223188/petition-asks-obama-to-support-treaty-blind-rather-than-siding-with-hollywood.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>where-do-you-stand</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130523/12283223188</wfw:commentRss>
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<item>
<pubDate>Mon, 15 Apr 2013 12:59:00 PDT</pubDate>
<title>White House Petition Launched To 'Recast Copyright For The Digital Age'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130415/11111822710/white-house-petition-launched-to-recast-copyright-digital-age.shtml</link>
<guid>http://www.techdirt.com/articles/20130415/11111822710/white-house-petition-launched-to-recast-copyright-digital-age.shtml</guid>
<description><![CDATA[ A whole bunch of folks (surprising, given the number of signatures on the petition so far) have sent over a new "We the People..." petition on the White House's site, asking the White House to <a href="https://petitions.whitehouse.gov/petition/recast-copyright-law-digital-era-its-time-regain-public-respect-laws-make-sense/WyLbr96K" target="_blank">"recast copyright law for the digital era."</a>  The petition notes that the public has lost respect for copyright law, and the government should take steps to fix that, including securing first sale rights, more transparency and a right to remix.
<blockquote><i>
The public disregards copyright law because it is out of sync with the digital age. We want the right to resell digital content (ebooks, etc.) that we've paid for. We need transparency in the marketplace to understand what rights we have.
<br /><br />
Additionally, as responsible creators we need to be able to freely remix existing music and other forms of creative expression to create new works without undue fear of prosecution. This upholds the original Constitutional purpose of copyright, which is to promote progress.
<br /><br />
This will nurture the process of innovation and the sharing of our culture. The language of the existing copyright law must be changed to accommodate the way information is being created and consumed in our digital world.
</i></blockquote>
There can be plenty of debates over where to set copyright law's specific boundaries, but it seems clear that if it's ever to regain any kind of respect, it needs to move in the direction advocated above.  I don't know the specifics, but apparently this petition was first put together by a "digital copyright" class at Dominican University, and a bunch of its students appear to be tweeting about it...<br /><br /><a href="http://www.techdirt.com/articles/20130415/11111822710/white-house-petition-launched-to-recast-copyright-digital-age.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130415/11111822710/white-house-petition-launched-to-recast-copyright-digital-age.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130415/11111822710/white-house-petition-launched-to-recast-copyright-digital-age.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>way-past-due</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130415/11111822710</wfw:commentRss>
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<pubDate>Wed, 13 Mar 2013 00:20:59 PDT</pubDate>
<title>White House Petition Against CISPA Gets Over The 100,000 Signature Threshold</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130311/16221022286/white-house-petition-against-cispa-gets-over-100000-signature-threshold.shtml</link>
<guid>http://www.techdirt.com/articles/20130311/16221022286/white-house-petition-against-cispa-gets-over-100000-signature-threshold.shtml</guid>
<description><![CDATA[ Yet another White House petition has made it over the 100,000 signature mark, which is necessary to get a response.  This one is <a href="https://petitions.whitehouse.gov/petition/stop-cispa-cyber-intelligence-sharing-and-protection-act/19sQhBpy" target="_blank">asking the White House not to support CISPA</a>, arguing that the terms are too broad, and the possibility of abuse is simply too high.  To date, the White House has actually been rather cool on CISPA, preferring an approach that actually does include some privacy protections (but, also one that has a few more mandates for companies).  Just last week, DHS boss Janet Napolitano <a href="http://www.hsgac.senate.gov/hearings/the-cybersecurity-partnership-between-the-private-sector-and-our-government-protecting-our-national-and-economic-security" target="_blank">gave a speech</a> in which she suggested that CISPA did not do enough to protect privacy -- and made it even more clear during Q&#038;A, in which <a href="http://thehill.com/blogs/hillicon-valley/technology/286937-senate-looks-to-pass-cybersecurity-legislation-this-year-but-divisions-remain" target="_blank">she said</a> of CISPA:
<blockquote><i>
"There were no privacy protections built within it and it resided almost all of the cyber information monitoring responsibilities within the NSA, which of course is part of the military."
</i></blockquote>
Of course, some of this is a turf battle.  CISPA gives more power to the Defense Department (which the NSA is a part of).  The approach favored by the White House gives more power to Homeland Security.
<br /><br />
Either way, this would make it easy for the White House to quickly come out in support of the petition, but still say that "something needs to be done" on cybersecurity -- but exactly what that is still fairly murky.  There have been a number of rumors that CISPA supporters have been "negotiating" with the White House, and that could mean tradeoffs that allow a bad bill to get through.  This is something that needs to be watched carefully.<br /><br /><a href="http://www.techdirt.com/articles/20130311/16221022286/white-house-petition-against-cispa-gets-over-100000-signature-threshold.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130311/16221022286/white-house-petition-against-cispa-gets-over-100000-signature-threshold.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130311/16221022286/white-house-petition-against-cispa-gets-over-100000-signature-threshold.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-sign</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130311/16221022286</wfw:commentRss>
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<pubDate>Mon, 4 Mar 2013 10:46:39 PST</pubDate>
<title>White House Says Mobile Phone Unlocking Should Be Legal</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20130304/10334222192/white-house-says-mobile-phone-unlocking-should-be-legal.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20130304/10334222192/white-house-says-mobile-phone-unlocking-should-be-legal.shtml</guid>
<description><![CDATA[ Well, that was amazingly fast.  The White House has already responded to the petition concerning unlocking mobile phones, and said <a href="https://petitions.whitehouse.gov/response/its-time-legalize-cell-phone-unlocking" target="_blank">that mobile phone unlocking should be legal</a>.  If you don't remember, the Librarian of Congress (who technically is a part of the executive branch, working for the President) decided to remove the DMCA exemption for mobile phone unlocking, turning it into a <a href="http://www.techdirt.com/blog/wireless/articles/20130128/02192521803/how-unlocking-your-phone-may-now-be-crime-500000-fines-5-years-prison-first-offense.shtml">possible copyright infringement</a> risk.  There was plenty of outrage, which led to a White House petition getting the <a href="http://www.techdirt.com/blog/wireless/articles/20130221/08043522057/white-house-petition-concerning-legality-unlocking-phones-passes-magic-100000-mark.shtml">necessary 100,000 votes</a>.
<br /><br />
The White House has quickly sided with the petitioners:
<blockquote><i>
The White House agrees with the 114,000+ of you who believe that consumers should be able to unlock their cell phones without risking criminal or other penalties. In fact, we believe the same principle should also apply to tablets, which are increasingly similar to smart phones. And if you have paid for your mobile device, and aren't bound by a service agreement or other obligation, you should be able to use it on another network. It's common sense, crucial for protecting consumer choice, and important for ensuring we continue to have the vibrant, competitive wireless market that delivers innovative products and solid service to meet consumers' needs.
<br /><br />
This is particularly important for secondhand or other mobile devices that you might buy or receive as a gift, and want to activate on the wireless network that meets your needs -- even if it isn't the one on which the device was first activated. All consumers deserve that flexibility.
</i></blockquote>
The White House's response also points to the initial filing done by the Commerce Department's National Telecommunications and Information Administration (NTIA), which had actually filed in support of <i>keeping</i> the exemption for mobile phone unlocking during the triennial review process.  Unfortunately, the Librarian of Congress decided not to follow that recommendation.
<br /><br />
So, now what?  The White House seems open to having Congress fix the problem, but also seems to think that the FCC may be able to fix it as well, which is probably why the FCC started claiming it would <a href="http://www.techdirt.com/articles/20130301/03071922170/fcc-might-investigate-whether-not-ban-cell-phone-unlocking-should-have-been-allowed.shtml">investigate</a> the situation last week.
<blockquote><i>
The Obama Administration would support a range of approaches to addressing this issue, including narrow legislative fixes in the telecommunications space that make it clear: neither criminal law nor technological locks should prevent consumers from switching carriers when they are no longer bound by a service agreement or other obligation.
<br /><br />
We also believe the Federal Communications Commission (FCC), with its responsibility for promoting mobile competition and innovation, has an important role to play here. FCC Chairman Genachowski today <a href="http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-319250A1.pdf " class="no-follow">voiced his concern about mobile phone unlocking (.pdf)</a>, and to complement his efforts, NTIA will be formally engaging with the FCC as it addresses this urgent issue.
<br /><br />
Finally, we would encourage mobile providers to consider what steps they as businesses can take to ensure that their customers can fully reap the benefits and features they expect when purchasing their devices.
</i></blockquote>
This is definitely a victory for those of us who are against the overreach on copyright, though there is still a ways to go.  We haven't actually seen the problem get fixed yet, just that the White House is supporting fixing the issue.
<br /><br />
Separately, it's a bit disappointing that the White House focused on <i>narrowly</i> targeting just this particular problem, rather than recognizing that this is just a symptom of the broken DMCA anti-circumvention setup.  A truly bold statement would have been to go even further and recognize that the law itself is broken.  Passing a "narrow legislative fix in the telecommunications space" just duct tapes on a way to attack this particular symptom of the broken system, but does nothing to attack the disease at the root of it.
<br /><br />
Derek Khanna, who helped lead the charge on this petition and has rallied support behind this issue, says that this is a success that should be celebrated.  In a statement to Techdirt, he noted:
<blockquote><i>
This is terrific news. It shows the power of the people to affirmatively act to fix policy rather than just stop bad policy.  We the people have this power when we come together to fight for positive, common-sense solutions. This is a major affirmative victory for the digital generation that stood up against censorship of the internet through SOPA a year ago. The work of this movement is not done, now Congress must follow through -- and it will require continued activism and engagement from average people who made this possible.
<br /><br />
A free society should not require its citizens to petition their government every three years to allow access to technologies that are ordinary and commonplace. Innovation cannot depend upon a permission-based rulemakings requiring approval every three years from an unelected bureaucrat.  A free society should not ban technologies unless there is a truly overwhelming and compelling governmental interest
</i></blockquote>
I agree that this is a "narrow" victory, but again I worry about the White House just looking to duct tape up a solution to this one issue, rather than looking at what caused this problem in the first place.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20130304/10334222192/white-house-says-mobile-phone-unlocking-should-be-legal.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130304/10334222192/white-house-says-mobile-phone-unlocking-should-be-legal.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130304/10334222192/white-house-says-mobile-phone-unlocking-should-be-legal.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>so-now-what</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130304/10334222192</wfw:commentRss>
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<pubDate>Thu, 21 Feb 2013 10:49:00 PST</pubDate>
<title>White House Petition Concerning Legality Of Unlocking Phones Passes The Magic 100,000 Mark</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20130221/08043522057/white-house-petition-concerning-legality-unlocking-phones-passes-magic-100000-mark.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20130221/08043522057/white-house-petition-concerning-legality-unlocking-phones-passes-magic-100000-mark.shtml</guid>
<description><![CDATA[ Earlier this month, we wrote about a White House Petition, asking to <a href="https://petitions.whitehouse.gov/petition/make-unlocking-cell-phones-legal/1g9KhZG7" target="_blank">make unlocking mobile phones legal again</a>, since it had been made <a href="http://www.techdirt.com/blog/wireless/articles/20130124/07015421777/just-two-more-days-to-unlock-your-phone-then-youll-be-breaking-law.shtml">infringing</a> again, thanks to the Librarian of Congress omitting it from the list of DMCA exceptions last year.  As we noted, the White House had recently <a href="http://www.techdirt.com/articles/20130116/15533821705/white-house-tiring-death-stars-deportation-requests-ups-we-people-signature-threshold-25000-to-100000.shtml">bumped up</a> the number of signatures needed for it to respond from 25,000 to 100,000, making it <a href="http://www.techdirt.com/blog/wireless/articles/20130210/02205321935/white-house-petition-legalizing-unlocking-mobile-phones-tries-to-pass-100000-signature-threshold.shtml">difficult</a> to get over that barrier.
<br /><br />
However, overnight, that petition finally got over the hurdle, hitting 100,000 signatures.  I believe this may be the first petition to hit that threshold under the "new" system.  Of course, getting it to that point is merely step one.  The real issue is in how the White House will respond, and they have an incredibly easy out: they just point out that the exemption process happens on a schedule, and that those who are concerned about this issue should file to have the Librarian of Congress reconsider in three years...<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20130221/08043522057/white-house-petition-concerning-legality-unlocking-phones-passes-magic-100000-mark.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130221/08043522057/white-house-petition-concerning-legality-unlocking-phones-passes-magic-100000-mark.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130221/08043522057/white-house-petition-concerning-legality-unlocking-phones-passes-magic-100000-mark.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-now-we-wait</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130221/08043522057</wfw:commentRss>
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<pubDate>Mon, 11 Feb 2013 13:44:00 PST</pubDate>
<title>White House Petition On Legalizing Unlocking Of Mobile Phones Tries To Pass 100,000 Signature Threshold</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20130210/02205321935/white-house-petition-legalizing-unlocking-mobile-phones-tries-to-pass-100000-signature-threshold.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20130210/02205321935/white-house-petition-legalizing-unlocking-mobile-phones-tries-to-pass-100000-signature-threshold.shtml</guid>
<description><![CDATA[ Last month, we wrote about how the White House had <a href="http://www.techdirt.com/articles/20130116/15533821705/white-house-tiring-death-stars-deportation-requests-ups-we-people-signature-threshold-25000-to-100000.shtml">bumped up</a> the number of signatures it requires to get on "We the People..." petitions from 25,000 to 100,000 before it is "required" to respond (though, its response rate on qualifying petitions has been <a href="http://www.techdirt.com/articles/20121228/10470921512/white-house-responses-to-we-people-petitions-slowing-to-hand-picked-crawl-canned-responses.shtml">dismal</a>).  Around the same time, we also talked about how unlocking your mobile phone, so it could be used on other carriers, was <a href="http://www.techdirt.com/blog/wireless/articles/20130124/07015421777/just-two-more-days-to-unlock-your-phone-then-youll-be-breaking-law.shtml">switching</a> from being legal to being illegal, thanks to the Librarian of Congress choosing <a href="http://www.techdirt.com/articles/20121025/15065220831/dmca-exemptions-announced-exemption-dvd-ripping-rejected.shtml">not</a> to renew an exemption to the DMCA's anti-circumvention rules for unlocking mobile phones.
<br /><br />
While the reasoning for not renewing the exemption was that many carriers now allow unlocking anyway, that's not true across the board, and there are plenty of limitations.  Just the fact that you need to ask permission to do what you want with a device you legally purchased and own should be troubling enough.  Lots of people were reasonably angered by this story, and a <a href="https://petitions.whitehouse.gov/petition/make-unlocking-cell-phones-legal/1g9KhZG7" target="_blank">petition sprung up on the White House site</a>, urging the President to reinstate the exemption:
<blockquote><i>
We ask that the White House ask the Librarian of Congress to rescind this decision, and failing that, champion a bill that makes unlocking permanently legal.
</i></blockquote>
The petition itself was actually set up by Sina Khanifar, who used to run a business around unlocking phones, and was threatened by Motorola back in 2005.  It was that experience that led to the original attempt to convince the Librarian of Congress to establish the unlocking exemption from the DMCA.  He has explained <a href="http://www.theatlantic.com/business/archive/2013/02/the-law-against-unlocking-cellphones-is-anti-consumer-anti-business-and-anti-common-sense/272894/" target="_blank">why the exemption is important</a>, and how this simple change not only makes something perfectly reasonable against the law, but how it effectively kills off the business he had built around unlocking phones and helping consumers actually use what they want.  And, contrary to what some claim about the need to keep phones locked, he points out that there are already contractual ways to incentivize people to keep their phones locked.  Lots of carriers have long term contracts with large early termination fees.  They don't need the threat of copyright penalties on top of that as well.
<blockquote><i>
Motorola's cease and desist letter didn't claim that I was illegally distributing their copyrighted software. Instead, it claimed that I was "distributing software ... for the purpose of circumventing the protection measures" associated with their copyrighted software. There is a subtle but meaningful difference.
<br /><br />
The DMCA includes anti-circumvention provisions that are intended to protect music and movie owners who want to distribute their work digitally, but are afraid of piracy. The provisions prohibit anyone from circumventing the locks that control access to copyrighted works. For example, DVDs are protected by a Digital Rights Management (DRM) system that attempts to prevent anyone from easily making copies of movies. The DMCA prohibits circumventing that type of protection system.
<br /><br />
But unlocking a phone has nothing to do with copyright infringement, and using the DMCA to prosecute unlocking cell phones is not what the law was intended for. If Motorola's interpretation of the DMCA were valid, companies would be able to create simple software security mechanisms that legally prevent a customer from using a device in any way except that in which the manufacturer intended.
</i></blockquote>
As we've noted time and time again, the DMCA anti-circumvention clause has little to do with basic copyright, and everything to do with big companies trying to control what you thought you had purchased.
<br /><br />
The petition needs to get to 100,000 signatures by February 23rd, and is currently sitting at about 62,000.  It's possible, but it may be difficult.  And, of course, it's not even clear what (if anything) the administration can really do.  The DMCA exemption rulemaking only comes around every three years.  Having them jump in with an "off-year" change would be unprecedented -- and could potentially lead to legal challenges.  Congress, however, could step in and fix things with a bit of regulation, but it's unclear if they have the appetite to do that.  Still, having people speak out and show that they think this bit of copyright law is crazy and restrictive seems like a good thing.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20130210/02205321935/white-house-petition-legalizing-unlocking-mobile-phones-tries-to-pass-100000-signature-threshold.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130210/02205321935/white-house-petition-legalizing-unlocking-mobile-phones-tries-to-pass-100000-signature-threshold.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20130210/02205321935/white-house-petition-legalizing-unlocking-mobile-phones-tries-to-pass-100000-signature-threshold.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>getting-closer...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130210/02205321935</wfw:commentRss>
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<item>
<pubDate>Mon, 14 Jan 2013 12:57:00 PST</pubDate>
<title>Official White House Position: We're Not Building A Death Star</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130112/07094621648/official-white-house-position-were-not-building-death-star.shtml</link>
<guid>http://www.techdirt.com/articles/20130112/07094621648/official-white-house-position-were-not-building-death-star.shtml</guid>
<description><![CDATA[ About the only good advice I've ever given anyone about the way in which we spend our time on the interwebz was this: don't take any of it too seriously. Having a sense of humor is essential for getting through internet sites and forums, or else the cacophony of "Vote [insert election candidate de jour here]!", "Obama murdered my mom in Kenya as a child!", and all the other mindless shouts and incorrect facts you'll find on a nearly unlimited basis will drive you fully insane. We've talked before about how humor can help you utilize&nbsp;<a href="http://www.techdirt.com/blog/casestudies/articles/20120808/08145519963/how-having-good-sense-humor-helps-cope-with-piracy-succeed-despite-it.shtml">internet piracy</a> to your own ends, for instance. Conversely, the <a href="http://www.techdirt.com/articles/20110311/12332513464/unicorns-leprechauns-arent-real-trolls-are-they-have-lawyers.shtml">lack</a> of a sense of humor can also result in stupid legal fees.<br />
<br />
And, it turns out, a sense of humor can apparently help a presidential administration deal with internet pranksters. Someone (we're looking at you, 4chan) thought it would be funny to start a "We the people" petition for the <a href="http://cosmiclog.nbcnews.com/_news/2013/01/11/16468880-white-house-thumbs-down-on-death-star-thumbs-up-on-space?lite">United States government to build a death star</a>, and it gained enough signatures to require a response. And respond the administration certainly did, in a short essay titled "This isn't the petition response you're looking for."
<blockquote>
<i>"The Administration shares your desire for job creation and a strong national defense, but a Death Star isn't on the horizon. Here are a few reasons:</i><br />
<br />
<i>-The construction of the Death Star has been estimated to cost more than $850,000,000,000,000,000. We're working hard to reduce the deficit, not expand it.<br />
-The Administration does not support blowing up planets.<br />
-Why would we spend countless taxpayer dollars on a Death Star with a fundamental flaw that can be exploited by a one-man starship?</i></blockquote>
And that's just the beginning. The essay goes on, with several more memorable quotes and a nod to the international space station as an actual space station the government has in part developed. Now, it would have been quite easy for the administration to ignore this particular petition, rules be damned. No one would have cried foul if they hadn't responded. But by responding, they endear themselves not only to the people who put forth this petition, but anyone reading the story about it as well. It's quite easy for us to talk about government as though it's just some big robotic thing. We forget that government is people, but lines like:
<blockquote>
<i>"Even though the United States doesn't have anything that can do the Kessel Run in less than 12 parsecs, we've got two spacecraft leaving the Solar System and we're building a probe that will fly to the exterior layers of the Sun."</i></blockquote>
...remind us of who we're dealing with. Kudos to our government for showing that they have a sense of humor and that they've hired at least one person who can make enough Star Wars references to placate fans like me. On the other hand, shame on that same government for taking the time to respond to this petition before responding to a <a href="http://www.techdirt.com/articles/20121228/10470921512/white-house-responses-to-we-people-petitions-slowing-to-hand-picked-crawl-canned-responses.shtml">plethora of others</a> far more serious in nature.<br /><br /><a href="http://www.techdirt.com/articles/20130112/07094621648/official-white-house-position-were-not-building-death-star.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130112/07094621648/official-white-house-position-were-not-building-death-star.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130112/07094621648/official-white-house-position-were-not-building-death-star.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>but-star-destroyers-are-on-the-way</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130112/07094621648</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 16 Jul 2012 12:31:00 PDT</pubDate>
<title>Is A Petition Calling For A Pardon Of The Pirate Bay's Peter Sunde 'Offensive'?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120716/11583019714/is-petition-calling-pardon-pirate-bays-peter-sunde-offensive.shtml</link>
<guid>http://www.techdirt.com/articles/20120716/11583019714/is-petition-calling-pardon-pirate-bays-peter-sunde-offensive.shtml</guid>
<description><![CDATA[ This is a little strange.  We recently wrote about Peter Sunde's <a href="http://www.techdirt.com/articles/20120709/03210219621/peter-sunde-pirate-bay-spokesperson-details-why-his-conviction-was-farce.shtml">request for a pardon</a> in which he lays out a fairly compelling argument for how the Swedish judicial system was railroaded into convicting him.  Soon after that, a petition appeared on the site Avaaz <a href="http://www.avaaz.org/en/petition/Grant_Peter_Sundes_of_The_Pirate_Bay_plea_for_pardon/" target="_blank">in support of Sunde's request</a>, with the idea being that if it obtained enough signatures, it would be delivered to the Swedish government.  Avaaz was actually a very big player in the fight against SOPA, helping to stir up international interest against the bill late last year.  But in a somewhat surprising move, as <a href="http://torrentfreak.com/is-the-peter-sunde-petition-offensive-inflammatory-or-objectionable-120716/?utm_source=dlvr.it&#038;utm_medium=twitter" target="_blank">pointed out by TorrentFreak</a>, the site has emailed users asking them <a href="http://www.s-info.se/region/show_news.asp?id=120&#038;news=16919" target="_blank">if they find the Sunde petition "offensive, inflammatory or otherwise objectionable,"</a> in which case they may pull it down.
<br /><br />
As TorrentFreak notes, this is odd for a variety of reasons.  Beyond it being strange that anyone would think that a plea for a pardon is "offensive, inflammatory or otherwise objectionable," the petition site on Avaaz appears to have plenty of things that would be much more likely to cause offense to some people.  TorrentFreak reasonably wonders why, of all the petitions on Avaaz, did it happen to pick out the Sunde one?
<br /><br />
But I'd argue it goes even further than that.  Why should Avaaz even be asking if petitions are "offensive, inflammatory or otherwise objectionable"?  If someone posts such a petition, wouldn't it take care of itself by the fact that people <i>won't sign it</i>?  Trying to pre-determine if a petition is acceptable seems to go against the very setup of an open petition site like Avaaz's.<br /><br /><a href="http://www.techdirt.com/articles/20120716/11583019714/is-petition-calling-pardon-pirate-bays-peter-sunde-offensive.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120716/11583019714/is-petition-calling-pardon-pirate-bays-peter-sunde-offensive.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120716/11583019714/is-petition-calling-pardon-pirate-bays-peter-sunde-offensive.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>really-now?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120716/11583019714</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 9 Jul 2012 11:12:00 PDT</pubDate>
<title>Petition With 90,000 Signatures Of People Worried About TPP Hand Delivered To USTR Negotiators</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120707/02342919615/petition-with-90000-signatures-people-worried-about-tpp-hand-delivered-to-ustr-negotiators.shtml</link>
<guid>http://www.techdirt.com/articles/20120707/02342919615/petition-with-90000-signatures-people-worried-about-tpp-hand-delivered-to-ustr-negotiators.shtml</guid>
<description><![CDATA[ USTR negotiators have basically acted as if they represent the interests of big businesses in their negotiations on various trade proposals.  That's why we get things like ACTA, TPP and various "free trade agreements" (FTAs) that all seem to focus on carving out protections for specific special interests who just happen to sit on the USTR's "advisory committees."  What they often forget is that they're supposed to be representing the public.  But, at times, they're so disconnected from the public that what's best for the actual country rarely seems to enter into the thought process.  Of course, with the uprising against ACTA, perhaps some people at the USTR are beginning to wake up to the fact that their roles aren't just about making special interests happy.  The recent <a href="http://www.techdirt.com/articles/20120703/12112119569/ustrs-surprise-turnaround-now-advocating-limitations-exceptions-to-copyright.shtml">admission</a> that limitations and exceptions are important in copyright is a sign that this kind of thinking may be filtering through.
<br /><br />
Last week, a group of public interests organizations also <a href="http://openmedia.ca/news/large-petition-against-tpp%E2%80%99s-internet-trap-hand-delivered-negotiations-san-diego" target="_blank">hand delivered an online petition that was signed by over 90,000 people</a> raising concerns about TPP.  I generally don't think much of online petitions like this, but in this situation, where's it's incredibly important for the USTR to recognize that the public and internet users are watching -- and are concerned -- something like this seems like it could be helpful in at least making the USTR negotiators recognize that the public matters.
<br /><br />
Of course, for them to prove that they really understand that, they'd need to start being a hell of a lot more transparent, such as by releasing the US recommendations that are being negotiated.  Until that happens, it's difficult to trust the USTR to really be looking out for the public's best interests.
<center>
<a href="http://imgur.com/azg7r"><img src="http://i.imgur.com/azg7r.jpg" width=400 /></a>
</center><br /><br /><a href="http://www.techdirt.com/articles/20120707/02342919615/petition-with-90000-signatures-people-worried-about-tpp-hand-delivered-to-ustr-negotiators.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120707/02342919615/petition-with-90000-signatures-people-worried-about-tpp-hand-delivered-to-ustr-negotiators.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120707/02342919615/petition-with-90000-signatures-people-worried-about-tpp-hand-delivered-to-ustr-negotiators.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>will-it-matter</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120707/02342919615</wfw:commentRss>
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<item>
<pubDate>Fri, 29 Jun 2012 15:45:00 PDT</pubDate>
<title>Nearly 50,000 People Ask Why The Government Is Seizing Their Digital Files</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120629/14041319538/nearly-50000-people-ask-why-government-is-seizing-their-digital-files.shtml</link>
<guid>http://www.techdirt.com/articles/20120629/14041319538/nearly-50000-people-ask-why-government-is-seizing-their-digital-files.shtml</guid>
<description><![CDATA[ The folks at Demand Progress today filed a brief in one part of the ongoing Megaupload case: the fight over users being able to <a href="http://www.techdirt.com/articles/20120402/03423718322/megaupload-user-asks-court-to-return-legitimate-files-he-uploaded-to-megaupload.shtml">get their files</a> back.  The DOJ is trying to <a href="http://www.techdirt.com/articles/20120612/03274619284/dojs-truly-disgusting-argument-denying-megaupload-user-access-to-his-legal-content.shtml">block</a> this, while also wanting the evidence <a href="http://www.techdirt.com/articles/20120406/12172918409/megaupload-points-out-that-feds-want-to-destroy-relevant-evidence-its-case.shtml">destroyed</a>.  The MPAA says it is okay with data being returned... if there is a 100% guarantee that <a href="http://www.techdirt.com/articles/20120606/16165119228/mpaa-ok-with-allowing-users-to-get-back-their-megaupload-files-if-0-infringement-can-be-guaranteed.shtml">no infringing works</a> are accessed (an impossibly high standard).  The Demand Progress filing points out that this whole thing flies in the face of being innocent until proven guilty, and argues that users who are non-parties to the lawsuit should have access to their files.
<br /><br />
Related to this, Demand Progress has also put together a petition, asking people to sign on to support a user's right to his or her own files -- and against the government just magically taking files out of the cloud:
<blockquote><i>
<p>One day after the Internet staged a massive blackout to protest Congress's Internet censorship legislation (SOPA/PIPA), the United States responded by seizing millions of ordinary user files hosted on the popular website Megaupload.com.</p>
				<p>With an aim of shutting down Megaupload and other Cloud-based hosting services (like Dropbox, YouTube or even your email provider), the government is trying to claim website operators should face decades in prison for the misdeeds of some of their users. But while they pursue trumped up criminal charges against the companies' founders, they are shutting down dozens of websites, and leaving ordinary Internet users without any way of retrieving their files.</p>
				<p>Apple co-founder Steve Wozniak called the case against Megaupload a <a href="http://www.businessinsider.com/steve-wozniak-on-kim-dotcom-2012-6">"threat to innovation."</a> Wozniak likened the Megaupload site to a highway and those who shared pirated movies and songs to speeding motorists. "You don't just shut down the whole street because somebody is speeding," he said.</p>
				<p>Numerous laws on the books already give copyright holders plenty of avenues to stop actual infringement, but that's not enough to satisfy Hollywood's lawyers and lobbyists. The prosecutor in the case, Neil MacBride, previously served as the Anti-Piracy Vice President of the Business Software Alliance, where he represented the intellectual property interests of countless multinational corporations.</p>
				<p>Now Hollywood's lobbyists, represented by the Motion Picture Association of America, want him to make it nearly impossible for ordinary Internet users to get their property back.</p>
</i></blockquote>
As I write this, the petition appears to have just short of 50,000 signatures, and the number is increasing rapidly...
<a href="http://www.theinternetvshollywood.com/" target="_blank">The Internet vs. Hollywood</a><br /><br /><a href="http://www.techdirt.com/articles/20120629/14041319538/nearly-50000-people-ask-why-government-is-seizing-their-digital-files.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120629/14041319538/nearly-50000-people-ask-why-government-is-seizing-their-digital-files.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120629/14041319538/nearly-50000-people-ask-why-government-is-seizing-their-digital-files.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>speak-out</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120629/14041319538</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 11 Jun 2012 08:21:00 PDT</pubDate>
<title>Tell The White House To Stop Illegally Seizing &#038; Shutting Down Websites</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120609/00050419257/tell-white-house-to-stop-illegally-seizing-shutting-down-websites.shtml</link>
<guid>http://www.techdirt.com/articles/20120609/00050419257/tell-white-house-to-stop-illegally-seizing-shutting-down-websites.shtml</guid>
<description><![CDATA[ While the public got reasonably upset about SOPA's overreach, and the possibility that it would be used to shut down websites with no due process, what they miss is that the federal government has been pretending that it already has that right under the <i>last</i> change to copyright law -- the ProIP Act (not the same as the Protect IP Act, which was the Senate's counterpart to SOPA).  The ProIP Act was filled with a ton of <i>bad</i> ideas.  An outcry (much smaller than SOPA) at least stopped some of the very very worst parts of the original ProIP Act from being enacted, but there were still plenty of "easter eggs" from the entertainment industry.  One of them was the expansion of "civil forfeiture proceedings," to also cover:
<blockquote><i>
(1) CIVIL FORFEITURE PROCEEDINGS- 
<blockquote>(A) The following property is subject to forfeiture to the United States:
<blockquote>
' (i) Any copies or phonorecords manufactured, reproduced, distributed, sold, or otherwise used, intended for use, or possessed with intent to use in violation of section 506(a) of title 17, any plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such copies or phonorecords may be made, and any electronic, mechanical, or other devices for manufacturing, reproducing, or assembling such copies or phonorecords.
<br /><br />
`(ii) Any property constituting or derived from any proceeds obtained directly or indirectly as a result of a violation of section 506(a) of title 17.
<br /><br />
`(iii) Any property used, or intended to be used, to commit or facilitate the commission of a violation of section 506(a) of title 17 that is owned or predominantly controlled by the violator or by a person conspiring with or aiding and abetting the violator in committing the violation, except that property is subject to forfeiture under this clause only if the Government establishes that there was a substantial connection between the property and the violation of section 506(a) of title 17.
</blockquote>
`(B) The provisions of chapter 46 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section.
</blockquote>
</i></blockquote>
This was tucked in at the very end of the bill, and it's almost too clever for its own good.  Notice how part (i) talks about "phonorecords" and them being "manufactured" and such.  That quickly gets people thinking that this is merely about extending seizure and forfeiture laws to things like CD and DVD burners.  In fact, when I asked about this particular section back in 2007, I was told exactly that: that it had little to do with the internet, but was really about seizing disc burners.  The only areas where they were talking about the internet was in cases involving hard drives full of infringing material.
<br /><br />
The only person I saw actually highlight just how worried people should be about this section was famed copyright legal scholar, William Patry, who <a href="http://williampatry.blogspot.co.uk/2007/12/what-does-it-mean-to-be-pro-ip.html" target="_blank">explained just how "gluttonous" this move was</a> by the entertainment industry:
<blockquote><i>
The idea that criminal forfeiture provisions, drafted to reach major drug traffickers like the Columbian cartels, should be inserted into civil copyright tort provisions with a preponderance of the evidence burden, is mind-blowing. <b>The capacity &#8211; if not intent &#8211; of these provisions for profound mischievousness is obvious</b>: in addition to the gluttonous statutory damages that would be available, content owners now want to defendants to forfeit their computers, their cars, and their homes: all of these can be said to have been used in the commission of infringement (say defendant uses his phone to call someone else involved in the infringement and says &#8220;meet me at 11 at Moe&#8217;s).
<br /><br />
But the bill goes even further: it is not only property actually used that is subject to forfeiture, property that wasn&#8217;t used but was &#8220;intended to be used&#8221; can also be seized. Say, a defendant intended to use his car to transport a computer used in connection with infringement, civil infringement, but decided to take his wife&#8217;s car instead. Under the bill, both cars, the computer, and the house where the cars and the computer are stored can be forfeited. But there is more: the bill also includes property &#8220;derived from any proceeds obtained directly or indirectly&#8221; as result of civil infringement. A television, children&#8217;s toy, anything that a defendant owns could fall within this: how could one disprove that any property purchased in the relevant time period was not indirectly derived from infringement. Is even gluttony enough to describe this?
</i></blockquote>
But here's the thing: Patry <i>underestimated</i> how this would be used.  He expected it would be used to harass people by seizing other <i>physical</i> property.  He never imagined that it would be used to censor websites by "seizing" their domains.  No one discussed that at all.   In retrospect, however, it now seems clear that this was the intent all along.  This little section was a big part of why the entertainment industry wanted ProIP so badly -- and it likely put in some of the other ridiculous ideas to throw people off the scent.  If so, it worked.
<br /><br />
Not long after ProIP was officially signed into law, Immigrations and Customs Enforcement (ICE), a division of Homeland Security, in partnership with the Justice Department, began one of the most shameful operations by the US government: a widespread campaign to seize and censor websites, pointing to this clause as the "legal cover," despite the fact that such censorship is almost certainly a violation of both the 1st and 5th Amendments.  Called "Operation in Our Sites," ICE has been seizing (and in some cases forfeiting -- which, in this context, means keeping, as "seizure" is supposed to be a temporary process) website URLs on very little legal basis, without any adversarial hearing -- indeed, without even providing notice to those who own the sites often until weeks or months later.  This began in June of 2010, with ICE announcing its first round of illegal seizures <a href="http://www.techdirt.com/articles/20100630/14391410029.shtml">directly from Disney's headquarters</a>, not even trying to hide that they were censoring websites at the urging of Hollywood.  As we said at the time, imagine the outcry if the FTC announced Google antitrust charges from Microsoft's headquarters.  People would go nuts.
<br /><br />
Of course, as we've since learned, the whole process was corrupt.  In one case, that of hiphop blog Dajaz1, the Justice Department refused to let the site have its day in court, passing a series of totally secret "extensions" while <a href="http://www.techdirt.com/articles/20120502/16575418746/judge-lets-feds-censor-blog-over-year-so-riaa-could-take-its-sweet-time.shtml">waiting</a> for the RIAA to provide "evidence" it never could provide (because it didn't exist).  Eventually, after having shut down and censored a publication for <i>over a year</i>, the government quietly <a href="http://www.techdirt.com/articles/20111208/08225217010/breaking-news-feds-falsely-censor-popular-blog-over-year-deny-all-due-process-hide-all-details.shtml">just handed the domain back</a> without even so much as an apology.  To this day, the Justice Department has been <a href="http://www.techdirt.com/articles/20120608/07190719247/holder-hot-seat-still-cant-explain-why-doj-censored-hip-hop-blog.shtml">dodging</a> questions about this domain.  
<br /><br />
And while Dajaz1 gets most of the attention, it's worth remembering that over 700 websites have been illegally censored in this manner, and we don't know how many of them are trying to get their domains back, because the government continues this very secretive process.  In fact, from what we <i>do</i> know, two other websites that were seized in the same round as Dajaz1 and have been trying to get their domains back ever since <a href="http://www.techdirt.com/articles/20111211/16151017033/what-other-websites-is-us-government-secretly-censoring.shtml">are still being held hostage</a> by the government.  Yes, these sites have been censored for over a year and a half now.
<br /><br />
For all the talk and worries about SOPA, it's important to realize that the thing people were most scared about -- that the law would be used to censor websites the entertainment industry just <i>doesn't like</i> -- is already a reality, and it came via ProIP and is happening now under the name "Operation In Our Sites."
<br /><br />
Last week, a White House petition was set up, calling for <a href="https://wwws.whitehouse.gov/petitions/%21/petition/shut-down-operation-our-sites/s0JpVcgp?utm_source=wh.gov&#038;utm_medium=shorturl&#038;utm_campaign=shorturl" target="_blank">the White House to put an end to Operation In Our Sites</a>.  To date, the administration has done everything possible to hide from the fact that it's censoring websites, while playing up claims that it's "stopping piracy."  This needs to stop.  Signing the petition is one step in making that happen, along with actually holding the White House responsible for the fact that it is censoring and shutting down websites, even while it's telling the rest of the world that <i>they</i> need to stop censoring the web.
<br /><br />
<i>Please pass the story around to others, so that they recognize what's already being done by the US government to censor websites under the guise of copyright law.</i><br /><br /><a href="http://www.techdirt.com/articles/20120609/00050419257/tell-white-house-to-stop-illegally-seizing-shutting-down-websites.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120609/00050419257/tell-white-house-to-stop-illegally-seizing-shutting-down-websites.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120609/00050419257/tell-white-house-to-stop-illegally-seizing-shutting-down-websites.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>censorship</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120609/00050419257</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 23 May 2012 03:05:00 PDT</pubDate>
<title>White House Petition Demanding Open Access Requirements For Federally Funded Research</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120521/12463519005/white-house-petition-demanding-open-access-requirements-federally-funded-research.shtml</link>
<guid>http://www.techdirt.com/articles/20120521/12463519005/white-house-petition-demanding-open-access-requirements-federally-funded-research.shtml</guid>
<description><![CDATA[ For years we've discussed the issue of <a href="http://www.techdirt.com/articles/20100802/01361110446.shtml">open access</a> for federally funded research.  Currently, NIH has a program that requires any of the research that receives its funds to be available via public open access databases a year after its published elsewhere.  While this still allows federally funded research to be locked up under a questionable copyright for a year, it's certainly better than locking it up for eternity.  And while there have been some <a href="http://www.techdirt.com/articles/20120107/02415417327/unfortunate-open-advocate-darrell-issa-sponsoring-bill-that-will-close-off-open-access-to-govt-funded-research.shtml">unfortunate efforts</a> to ban NIH and other government agencies from requiring such conditions, many in academia favor such information sharing.  
<br /><br />
There is currently a White House petition <a href="https://wwws.whitehouse.gov/petitions/%21/petition/require-free-access-over-internet-scientific-journal-articles-arising-taxpayer-funded-research/wDX82FLQ?utm_source=wh.gov&#038;utm_medium=shorturl&#038;utm_campaign=shorturl" target="_blank">asking the government to require such free access to scientific journal articles</a> coming out of taxpayer-funded research.  The Obama administration <i>has</i> indicated interest in doing this in the past, but has not done so.  Forcing the administration to respond to the petition may help nudge them in the right direction.  The petition still needs a lot more signatures, though, so <a href="https://wwws.whitehouse.gov/petitions/%21/petition/require-free-access-over-internet-scientific-journal-articles-arising-taxpayer-funded-research/wDX82FLQ?utm_source=wh.gov&#038;utm_medium=shorturl&#038;utm_campaign=shorturl">get signing</a>.<br /><br /><a href="http://www.techdirt.com/articles/20120521/12463519005/white-house-petition-demanding-open-access-requirements-federally-funded-research.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120521/12463519005/white-house-petition-demanding-open-access-requirements-federally-funded-research.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120521/12463519005/white-house-petition-demanding-open-access-requirements-federally-funded-research.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>sign-on</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120521/12463519005</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 15 May 2012 20:42:00 PDT</pubDate>
<title>Thank Twitter For Standing Up For User Rights</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120511/03203618877/thank-twitter-standing-up-user-rights.shtml</link>
<guid>http://www.techdirt.com/articles/20120511/03203618877/thank-twitter-standing-up-user-rights.shtml</guid>
<description><![CDATA[ We recently wrote about Twitter's decision to <a href="http://www.techdirt.com/articles/20120508/12234118833/twitter-challenges-court-ruling-that-twitter-users-have-no-standing-to-protect-their-own-account-info.shtml">stand up</a> for a user in court, fighting against a court ruling that said that a user has no proprietary interest in their own tweets and info, such that those users cannot contest a government attempt to subpoena information from Twitter.  This is not the first time that Twitter has aggressively stood up for its users' rights against government excess -- in a world where that's quite rare.  When the government comes calling, most companies roll right over.  In response to this, the folks over at Fight for the Future have put together a petition page, asking people to <a href="http://a.fightforthefuture.org/sign/thank_you_twitter" target="_blank">sign up to <i>thank</i> Twitter</a>.  If they get 50,000 people to sign, they'll present Twitter with a medal for defending the internet (these medals are <i>awesome</i>).
<br /><br />
Given that internet petitions are often done <i>in protest</i> of something or against something, I really like this idea of effectively getting people to sign on for something positive and celebrate a company that does its best to protect the interests of its users.  If you agree, head on over and sign up to thank Twitter.<br /><br /><a href="http://www.techdirt.com/articles/20120511/03203618877/thank-twitter-standing-up-user-rights.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120511/03203618877/thank-twitter-standing-up-user-rights.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120511/03203618877/thank-twitter-standing-up-user-rights.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>they-earned-it</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120511/03203618877</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 16 Apr 2012 09:45:00 PDT</pubDate>
<title>Speak Out Against CISPA: Join The Twitter Campaign And Contact Your Representative</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/articles/20120415/18345118492/speak-out-against-cispa-join-twitter-campaign-contact-your-representative.shtml</link>
<guid>http://www.techdirt.com/articles/20120415/18345118492/speak-out-against-cispa-join-twitter-campaign-contact-your-representative.shtml</guid>
<description><![CDATA[ <p>On Friday, the House Intelligence Committee released a new draft of CISPA, the dangerous cybersecurity bill that threatens to give the government access to huge amounts of personal data. Despite small improvements in some areas, the bill <a href="http://www.techdirt.com/articles/20120413/15420218488/new-draft-cispa-announced-some-progress-still-big-problems.shtml">still has huge problems</a> and lacks adequate privacy safeguards&mdash;and the House is going to vote on it next week. As part of a final push to let Congress know what people think of this bad legislation, several organizations have launched public action campaigns that you can get involved in.</p>

<p>Firstly, there is the <strong>Congress Wants Too Much Information</strong> campaign on Twitter. Multiple groups are asking you to tweet your thoughts on CISPA with the hashtags <a href="https://twitter.com/#!/search/realtime/%23CongressTMI" target="_blank">#CongressTMI</a> and <a href="https://twitter.com/#!/search/realtime/%23CISPA" target="_blank">#CISPA</a>. U.S. citizens can <a href="http://pastebin.com/LbAYKJLG" target="_blank">look up</a> and tag their representatives' Twitter accounts&mdash;and you can also include <a href="http://twitter.com/HouseIntelComm" target="_blank">@HouseIntelComm</a>, the authors of the bill. The groups behind the campaign suggest pointing out examples of data that could, but shouldn't, be shared under CISPA, such as:</p> 

<blockquote><em>
@Myrepresentative Does the FBI need to know what books I checked out from my local library?  #CongressTMI Stop #CISPA
<br /><br />
@Myrepresentative Does the military need to know I send my Mom lolcat pictures? #CongressTMI Stop #CISPA
<br /><br />
@Myrepresentative Does the NSA need to know I watch Netflix from my work computer? #CongressTMI Stop #CISPA
</em></blockquote>

<p>Now is also the time to directly contact members of Congress by phone or by email. There are tools to make this easier from the <a href="https://secure.aclu.org/site/Advocacy?cmd=display&page=UserAction&id=4229&s_subsrc=120315_cybersecurity_web" target="_blank">ACLU</a>, the <a href="https://action.eff.org/o/9042/p/dia/action/public/?action_KEY=8444" target="_blank">EFF</a> and <a href="http://act2.freepress.net/sign/cispa/?source=featurebox_fp" target="_blank">Free Press</a>.</p>

<p>Pressure is also increasing on the companies that back CISPA, especially those in the technology sphere. In addition to contacting Congress, you can send a message to CISPA's private supporters by signing AccessNow's <a href="https://www.accessnow.org/page/s/protect-our-privacy" target="_blank">petition to all of them</a>, and Demand Progress' petition directed <a href="https://act.demandprogress.org/sign/cispa_facebook/?akid=1309.604700.YuCPA0&rd=1&t=3" target="_blank">specifically at Facebook</a>.</p>

<p>CISPA still enjoys a lot of support in Congress, but the growing public backlash means the bill's future is uncertain. With continued effort, Congress <em>can</em> be convinced to back off and work on crafting smarter, more narrowly tailored cybersecurity legislation that protects people's privacy.</p>

<p>Of equal importance is the bigger message this sends to lawmakers. There are many people who still think what happened with SOPA was a fluke, driven by the technology lobby and a few key tech companies. But the growing opposition to CISPA&mdash;a bill supported by many of the same tech giants that opposed SOPA&mdash;proves that it was something much more significant, and that the online community will not be ignored when it comes to decisions that govern the internet.</p><br /><br /><a href="http://www.techdirt.com/articles/20120415/18345118492/speak-out-against-cispa-join-twitter-campaign-contact-your-representative.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120415/18345118492/speak-out-against-cispa-join-twitter-campaign-contact-your-representative.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120415/18345118492/speak-out-against-cispa-join-twitter-campaign-contact-your-representative.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>get-involved</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120415/18345118492</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 1 Feb 2012 08:00:34 PST</pubDate>
<title>White House Says It Can't Comment On Possible Chris Dodd Investigation</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120131/23021017604/white-house-says-it-cant-comment-possible-chris-dodd-investigation.shtml</link>
<guid>http://www.techdirt.com/articles/20120131/23021017604/white-house-says-it-cant-comment-possible-chris-dodd-investigation.shtml</guid>
<description><![CDATA[ This isn't a huge surprise, but following the popularity of the petition asking the White House to <a href="https://wwws.whitehouse.gov/petitions#!/petition/investigate-chris-dodd-and-mpaa-bribery-after-he-publicly-admited-bribing-politicans-pass/DffX0YQv?utm_source=wethepeople&#038;utm_medium=response&#038;utm_campaign=nocomment">investigate</a> Chris Dodd (after Dodd's <a href="http://www.techdirt.com/articles/20120120/14472117492/mpaa-directly-publicly-threatens-politicians-who-arent-corrupt-enough-to-stay-bought.shtml">own statements</a> suggesting that he expects politicians who get Hollywood money to pass Hollywood's preferred bills no questions asked), the White House has officially stated that <a href="https://wwws.whitehouse.gov/petitions/!/response/why-we-cant-comment?utm_source=wethepeople&#038;utm_medium=response&#038;utm_campaign=nocomment" target="_blank">it can't comment on the matter</a>.  As per the <a href="https://wwws.whitehouse.gov/petitions/!/petitions#!/how-why/terms-participation?utm_source=wethepeople&#038;utm_medium=response&#038;utm_campaign=nocomment" target="_blank">terms</a> of the White House's "We the People" petition site, it can refuse to address issues that deal with law enforcement:
<blockquote><i>
consistent with the We the People Terms of Participation and our responses to similar petitions in the past, the White House declines to comment on this petition because it requests a specific law enforcement action.
</i></blockquote>
I'm sure the White House has no interest in getting involved in this in any way, and that if it was actually investigating any of this activity, it wouldn't want to talk about it publicly until later.  Still, I think the petition -- and the publicity it got -- did serve a key purpose: to highlight the public's disgust with the MPAA's form of crony capitalism, and the hubris of folks like Chris Dodd who think that as long as they donate enough money, politicians should be working for the MPAA, rather than the public.<br /><br /><a href="http://www.techdirt.com/articles/20120131/23021017604/white-house-says-it-cant-comment-possible-chris-dodd-investigation.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120131/23021017604/white-house-says-it-cant-comment-possible-chris-dodd-investigation.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120131/23021017604/white-house-says-it-cant-comment-possible-chris-dodd-investigation.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no-surprise-there</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120131/23021017604</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 27 Jan 2012 09:46:00 PST</pubDate>
<title>Another Interesting White House Petition: Reduce The Term Of Copyright</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120126/00201617543/another-interesting-white-house-petition-reduce-term-copyright.shtml</link>
<guid>http://www.techdirt.com/articles/20120126/00201617543/another-interesting-white-house-petition-reduce-term-copyright.shtml</guid>
<description><![CDATA[ The White House's use of its "We The People..." petition system has been interesting to watch over the last few months since it was introduced.  While they quickly raised the "threshold" necessary to get a response, lately it's been used in some interesting ways.  We've highlighted a few different petitions -- specifically those related to SOPA/PIPA, <a href="http://www.techdirt.com/articles/20120122/23425117506/public-petitions-white-house-to-investigate-chris-dodd-mpaa-possible-bribery.shtml">Chris Dodd</a> and <a href="http://www.techdirt.com/articles/20120124/14071517529/new-petition-asks-white-house-to-submit-acta-to-senate-ratification.shtml">ACTA</a>.  In the case of SOPA, it was in finally responding to the two related petitions that the White House finally came out <a href="http://www.techdirt.com/articles/20120114/09513217409/white-house-comes-out-against-approach-sopapipa-response-to-online-petition.shtml">against</a> the approach in SOPA/PIPA. 
<br /><br />
The latest petition that some have mentioned is one petitioning for <a href="https://wwws.whitehouse.gov/petitions/%21/petition/reduce-term-copyrights-maximum-56-years/MnXrd3xG" target="_blank">copyright terms to be reduced back to 56 years</a>, like it was prior to 1978.  Personally, I'd rather than before we pick an <i>arbitrary</i> time frame, that at least some research be done to figure out what might be <i>the optimal</i> time frame.  But, clearly, reducing the term makes a lot of sense.  Hell, even among many of the strongest copyright system defenders we hear them "admit" that perhaps copyright terms have been extended too far.  Of course, if Congress ever did move to reduce the term, you can rest assured that all hell would break loose from the legacy players.  They're not giving up any monopoly powers without a fight.
<br /><br />
In the end, this petition might be a little pointless.  Copyright law is left to <i>Congress</i> to determine, not the President.  So petitioning the White House on this may come across as a little misguided.  Of course, with the way politics runs these days, the White House often <i>does</i> set the legislative agenda, and under some weird mythical magic future where the President did take up this issue, it could potentially lead to a legislative <i>attempt</i> at reducing copyright term limits -- though, again, the freakout from the legacy players about how "the government is stealing from artists!!!!!@#!@#" would be deafening (of course, the flipside, that whenever Congress extends copyright they're "stealing" from the public, will never be acknowledged).
<br /><br />
That said, even though the target here may be a bit misguided, I think it would be <i>good</i> to get this petition up to 25,000 signatures, pushing the White House to respond to it.  Post-SOPA/PIPA, it would be nice for the White House to recognize that copyright policy <i>is</i> internet policy, and that the public really does care about this on a widescale basis.  If copyright-related petitions keep hitting the 25,000 signature threshold, perhaps they'll realize that this never was about just the SOPA/PIPA bills...<br /><br /><a href="http://www.techdirt.com/articles/20120126/00201617543/another-interesting-white-house-petition-reduce-term-copyright.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120126/00201617543/another-interesting-white-house-petition-reduce-term-copyright.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120126/00201617543/another-interesting-white-house-petition-reduce-term-copyright.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>let-them-know-that-copyright-policy-is-important</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120126/00201617543</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 25 Jan 2012 07:23:03 PST</pubDate>
<title>New Petition Asks White House To Submit ACTA To The Senate For Ratification</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120124/14071517529/new-petition-asks-white-house-to-submit-acta-to-senate-ratification.shtml</link>
<guid>http://www.techdirt.com/articles/20120124/14071517529/new-petition-asks-white-house-to-submit-acta-to-senate-ratification.shtml</guid>
<description><![CDATA[ As we noted in our post about people <a href="http://www.techdirt.com/articles/20120123/04261617510/polish-governments-plan-to-sign-acta-gets-sopa-treatment.shtml">just discovering</a> ACTA this week, some had put together an odd White House <a href="https://wwws.whitehouse.gov/petitions#!/petition/end-acta-and-protect-our-right-privacy-internet/MwfSVNBK" target="_blank">petition</a>, asking the White House to "end ACTA."  The oddity was over the fact that the President <a href="http://www.techdirt.com/articles/20110927/10504716112/us-eu-canada-japan-australia-others-to-sign-acta-this-weekend-despite-legal-concerns.shtml">just signed ACTA</a> a few months ago.  What struck us as a more interesting question was the serious constitutional questions of whether or not Obama <a href="http://www.techdirt.com/articles/20110828/23583815721/if-acta-is-approved-us-it-may-open-door-president-to-regularly-ignore-congress-international-agreements.shtml">is even allowed</a> to sign ACTA.
<br /><br />
In case you haven't been following this or don't spend your life dealing in Constitutional minutiae, the debate is over the nature of the agreement.  A <i>treaty</i> between the US and other nations requires Senate approval.  However, there's a "simpler" form of an international agreement, known as an "executive agreement," which allows the President to sign the agreement without getting approval.  In theory, this also limits the ability of the agreement to bind Congress.  In practice... however, international agreements are international agreements.  Some legal scholars have suggested that the only <i>real</i> <a href="http://www.techdirt.com/articles/20100209/1505538101.shtml">difference</a> between a treaty and an executive agreement is the fact that... the president calls any treaty an "executive agreement" if he's unsure if the Senate would approve it.  In other words, the difference is basically in how the President presents it.
<br /><br />
That said, even if Obama has declared ACTA an executive agreement (while those in Europe insist that it's a <a href="http://www.techdirt.com/articles/20110209/00065113017/eu-acta-is-binding-treaty-us-acta-is-neither-binding-treaty.shtml">binding treaty</a>), there is a very real <a href="http://www.techdirt.com/articles/20100325/1848528722.shtml">Constitutional question</a> here: can it actually be an executive agreement?  The law is clear that the only things that can be covered by executive agreements are things that involve items that are <i>solely</i> under the President's mandate.  That is, you can't sign an executive agreement that impacts the things Congress has control over.  But here's the thing: intellectual property, in Article 1, Section 8 of the Constitution, is an issue given to <i>Congress</i>, not the President.  Thus, there's a pretty strong argument that the president legally <i>cannot</i> sign any intellectual property agreements as an executive agreement and, instead, <i>must</i> submit them to the Senate.  
<br /><br />
This is why Senator Wyden has asked the President to <a href="http://www.techdirt.com/articles/20111012/10072216326/senator-wyden-asks-president-obama-isnt-congress-required-to-approve-acta.shtml">explain</a> why Congress has been cut out.  Scholars have noted their concern that if allowed, this will open the door to allowing the president to regularly <a href="http://www.techdirt.com/articles/20110828/23583815721/if-acta-is-approved-us-it-may-open-door-president-to-regularly-ignore-congress-international-agreements.shtml">route around Congress</a> on international agreements.  Even more amusing, Vice President Joe Biden, back when he was just Senator Joe Biden, was one of the most outspoken critics of an attempt by President Bush to use an executive agreement on a weapons treaty -- forcing Bush to take the agreement to the Senate.  Yet here, he stays quiet.
<br /><br />
Either way, it looks like folks have figured this out, and there's now a new White House petition, <a href="https://wwws.whitehouse.gov/petitions/%21/petition/please-submit-acta-senate-ratification-required-constitution-trade-agreements/VgZJGZMt?utm_source=wh.gov&utm_medium=shorturl&utm_campaign=shorturl" target="_blank">demanding that ACTA be brought to the Senate</a> before it can be ratified/signed by the US.  This petition should be a lot more interesting than the other one if it gets enough signatures (so encourage people to sign, please!).<br /><br /><a href="http://www.techdirt.com/articles/20120124/14071517529/new-petition-asks-white-house-to-submit-acta-to-senate-ratification.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120124/14071517529/new-petition-asks-white-house-to-submit-acta-to-senate-ratification.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120124/14071517529/new-petition-asks-white-house-to-submit-acta-to-senate-ratification.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>as-required-under-the-constitution</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120124/14071517529</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 13 Jan 2012 07:05:28 PST</pubDate>
<title>Over 120,000 People Sign Petition Asking EA To Officially Come Out Against SOPA</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120112/17551117395/over-120000-people-sign-petition-asking-ea-to-officially-come-out-against-sopa.shtml</link>
<guid>http://www.techdirt.com/articles/20120112/17551117395/over-120000-people-sign-petition-asking-ea-to-officially-come-out-against-sopa.shtml</guid>
<description><![CDATA[ Recently, despite some internet reports to the contrary, we noted that EA had <a href="http://www.techdirt.com/articles/20120103/00304017255/no-sony-electronics-nintendo-ea-have-not-publicly-changed-their-position-sopa.shtml">not taken a stance</a> on SOPA -- and it seemed clear the company had no intention to do so.  It seems that many EA and video gaming fans don't find that acceptable.  They've created an online petition asking EA <a href="http://www.change.org/petitions/tell-electronic-arts-to-oppose-internet-censorship?utm_campaign=en_usa_ej&#038;utm_content=petition&#038;utm_medium=twitter&#038;utm_source=social_media" target="_blank">to actually take a stand on the bills</a>:
<blockquote><i>
The Stop Online Piracy Act (SOPA) is a tool that protects monopolists and targets sites relied on by small-time businesses, like indie game developers and artists, condoning disproportionate action against these sites for any evidence of copyright infringement from any of their users. If EA wants to protect their monopoly so badly, we need to let them know that they will lose far more business by supporting this bill than by allowing indie developers to operate unimpeded. It is obvious that this bill's primary use is to paint a big red bullseye on the main distributors of indie content, protecting the market shares of big-time businesses like Electronic Arts.
<br /><br />
EA is a member of the Entertainment Software Association which supports SOPA. It's time for EA to stand up and publicly oppose SOPA. Don't mess with the internet, EA. You will regret it.
</i></blockquote>
It's too bad they don't mention PIPA too, but... As I write this, there are already about 120,000 signatures, which is pretty impressive.  Will EA listen?
<br /><br />
It seems likely that the company doesn't want to take a stance either way, but as the petition notes, not saying something about this could be just as bad.  And it doesn't even have to be anything big.  Take, for example, how NVIDIA <a href="http://blogs.nvidia.com/2012/01/nvidia-does-not-support-sopa/" target="_blank">just came out against the bill</a>.  Despite also being a member of the ESA, NVIDIA notes that it disagrees with ESA and doesn't think this bill is the right approach:
<blockquote><i>
NVIDIA wasn&#8217;t consulted by ESA in formulating their position on SOPA. Our position is this: we oppose piracy, as it hurts our game-developer partners. However, we do not support SOPA. We don&#8217;t believe it is the right solution to the problem. We remain committed to working to address this problem in a constructive and fair manner.
</i></blockquote>
It seems like EA could do the same thing... assuming that it, too, did not work with ESA on its position.  Of course, if it did... well... then things are complicated.<br /><br /><a href="http://www.techdirt.com/articles/20120112/17551117395/over-120000-people-sign-petition-asking-ea-to-officially-come-out-against-sopa.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120112/17551117395/over-120000-people-sign-petition-asking-ea-to-officially-come-out-against-sopa.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120112/17551117395/over-120000-people-sign-petition-asking-ea-to-officially-come-out-against-sopa.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-they-should</slash:department>
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<pubDate>Tue, 1 Nov 2011 13:27:20 PDT</pubDate>
<title>White House Petition Against E-PARASITE/SOPA</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20111101/10154016584/white-house-petition-against-e-parasitesopa.shtml</link>
<guid>http://www.techdirt.com/articles/20111101/10154016584/white-house-petition-against-e-parasitesopa.shtml</guid>
<description><![CDATA[ Last week, as part of our trip of startup entrepreneurs, innovators, artists and venture captialists, we were able to meet with senior White House staff about our concerns over the E-PARASITE/SOPA bill that would fundamentally change the regulatory and policy framework of the internet, seriously hindering the ability to create new startups, new jobs and new platforms to help everyone.  The White House has not officially taken a position on the bill, but one thing was made clear from the very start of the meeting: the legacy players in Hollywood and at the US Chamber of Commerce were putting a ton of pressure on the White House to support E-PARASITE, despite the fact that the State Department itself is quite worried about the bill, as it would almost entirely undermine all of its efforts to promote internet freedom around the globe.
<br /><br />
I'm usually not one to believe in the power of various "online petitions," but since the White House has set up its own petition system, in which 25,000 signatures will guarantee a response, this actually seems like a case where just such a petition would work well.  So it's great to see that someone has <a href="https://wwws.whitehouse.gov/petitions#!/petition/stop-e-parasite-act/SWBYXX55" target="_blank">created just such a petition against E-PARASITE</a>.  Of course, technically it should be against SOPA, since the framers of the bill recognized just how silly E-PARASITE sounds, and removed that from the bill after everyone started making fun of them.  Still, it's important to push this point home and let the White House know, in no uncertain terms, that the public is against this bill.
<br /><br />
And it should be clear, by the way, that it's not just the public.  Many people within the federal government are equally worried about this bill, which appears to serve no other purpose than to keep a few legacy players in Hollywood fat and happy, and keep them from having to actually innovate for a short while longer.
<br /><br />
The real question, however, is whether or not the Obama White House wants to directly contradict Hillary Clinton and the State Department.  Remember, Clinton has become a <a href="http://www.techdirt.com/articles/20110215/17001413116/hillary-clinton-talks-talk-internet-freedom-will-administration-walk-walk.shtml">staunch defender of internet freedom</a> against attempts to censor the internet worldwide.  In her speech earlier this year, she noted:
<blockquote><i>
So this is a critical moment. The choices we make today will determine what the Internet looks like in the future.... For the United States, the choice is clear. On the spectrum of Internet freedom, we place ourselves on the side of openness. We recognize that an open
Internet comes with challenges. It calls for ground-rules to protect against wrongdoing and harm. And Internet freedom raises tensions, like all freedoms do. But its benefits are worth it.
</i></blockquote>
And that's exactly the opposite of the approach being taken by Congress, which aims to put forth a top-down policy of censorship.  A top down policy that nearly perfectly mimics the functional nature of the Great Firewall of China.  Should the Obama administration go against its own State Department, it will serve to undermine Clinton's long term efforts in pushing internet freedom around the globe.  That would be quite a legacy to leave: to contradict one's own Secretary of State who is pushing for greater internet freedom, and impose a system of censorship on the US.  Please tell the White House not to take such a drastic measure.<br /><br /><a href="http://www.techdirt.com/articles/20111101/10154016584/white-house-petition-against-e-parasitesopa.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111101/10154016584/white-house-petition-against-e-parasitesopa.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111101/10154016584/white-house-petition-against-e-parasitesopa.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>speak-up</slash:department>
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<pubDate>Fri, 12 Nov 2010 04:40:45 PST</pubDate>
<title>UK Gov't's Response To Petition Against Disconnections: We've Redefined Disconnection</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101111/17482211821/uk-gov-t-s-response-to-petition-against-disconnections-we-ve-redefined-disconnection.shtml</link>
<guid>http://www.techdirt.com/articles/20101111/17482211821/uk-gov-t-s-response-to-petition-against-disconnections-we-ve-redefined-disconnection.shtml</guid>
<description><![CDATA[ Just as David Cameron has announced plans to <a href="http://www.techdirt.com/articles/20101105/02161311736/uk-plans-to-review-copyright-laws-yet-again-with-eye-towards-fair-use.shtml">review UK copyright laws</a> (yet again) <i>and</i> the UK High Court announced the (somewhat surprising) news that it will <a href="http://www.techdirt.com/articles/20101110/17010911796/uk-high-court-announces-judicial-review-of-the-digital-economy-act.shtml">do a judicial review</a> of the Digital Economy Act, the UK government also <a href="http://www.hmg.gov.uk/epetition-responses/petition-view.aspx?epref=dontdisconnectus" target="_blank">responded to a petition that was filed</a> by opponents of the Digital Economy Act.  The petition asked for the repeal of the Digital Economy Act, claiming that it was not fair to have users disconnected from their internet connections.  The government's response is a bit frustrating in its use of unsupported claims and what appears to be a willful misunderstanding of the complaint:
<blockquote><i>
It is clear that online copyright infringement inflicts considerable damage on the UK's creative economy including music, TV and film, games, sports and software. Industry estimates place this harm at &pound;400m pa.
<br /><br />
The Digital Economy Act includes a number of measures to tackle the problem and we expect these to be successful in significantly reducing online copyright infringement. However this is an area of rapid technological change and developing consumer behaviour. The Act therefore includes a reserve power to introduce further "technical" measures if the initial measures do not succeed. These technical measures would limit or restrict an infringers' access to the internet. They do not include disconnection.
</i></blockquote>
First off, that first sentence is silly.  The government should never cite an industry's own stats when that industry is asking for protectionism -- especially when tons of independent studies have shown that such industry estimates are completely inaccurate.  Second, pretending that "limiting or restricting infringers' access to the internet" does "not include disconnection" is playing a rather obnoxious game of semantics.  If you're blocked from accessing the internet, you've lost your connection, and thus have been disconnected.  This isn't the first time it's done so.  During the run up to the vote on the bill, we noted that the politicians supporting it had decided to make sure <a href="http://www.techdirt.com/articles/20100222/1643558258.shtml">not to call account suspensions disconnections</a>.  Effectively, they're trying to redefine "disconnection" to only mean a permanent disconnection.  A "temporary suspension," is not a disconnection in their book of misleading propaganda.
<br /><br />
Of course, to anyone who loses their internet connection, no matter what the length of time, it certainly is a disconnection.  Calling it something different doesn't change that.   It's pretty sad when the UK government officials can't even be intellectually honest on such a straightforward issue.<br /><br /><a href="http://www.techdirt.com/articles/20101111/17482211821/uk-gov-t-s-response-to-petition-against-disconnections-we-ve-redefined-disconnection.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101111/17482211821/uk-gov-t-s-response-to-petition-against-disconnections-we-ve-redefined-disconnection.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101111/17482211821/uk-gov-t-s-response-to-petition-against-disconnections-we-ve-redefined-disconnection.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>it's-still-a-disconnection</slash:department>
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<pubDate>Thu, 14 Jan 2010 11:26:00 PST</pubDate>
<title>This Is Why We Worry About Net Neutrality Regs: Loopholes For RIAA/MPAA</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100114/0752067755.shtml</link>
<guid>http://www.techdirt.com/articles/20100114/0752067755.shtml</guid>
<description><![CDATA[ We've mentioned a bunch of times that while we support the concept of net neutrality (and think any ISP that goes away from it is making a big, big mistake) we're quite <a href="http://www.techdirt.com/articles/20100112/0600377714.shtml">worried</a> about the unintended consequences of having it put into law.  As a perfect example of why we should be worried, the EFF is putting together a <a href="http://www.realnetneutrality.org/" target="_blank">petition to protest the "copyright loophole" that's already in the proposed FCC rules</a>:
<blockquote><i>
Buried in the FCC's rules is a deeply problematic loophole. Open Internet principles, the FCC writes, "do not... apply to activities such as the unlawful distribution of copyrighted works."
<br /><br />
For years, the entertainment industry has used that innocent-sounding phrase -- "unlawful distribution of copyrighted works" -- to pressure Internet service providers around the world to act as <a target="mpaa" href="http://www.eff.org/deeplinks/2008/12/mpaa-obama">copyright cops</a> -- to surveil the Internet for supposed copyright violations, and then <a target="takedowns" href="http://www.eff.org/takedowns">censor or punish</a> the accused users.
<br /><br />
From the beginning, a central goal of the Net Neutrality movement has been to prevent corporations from interfering with the Internet in this way -- so why does the FCC's version of Net Neutrality specifically allow them to do so?
</i></blockquote>
This is what we worry about.  It's great that the EFF is catching this particular loophole, but as more lobbyists get their hands on net neutrality regulations, they're going to slip in more and more loopholes like this that will turn what may have great intentions into something else entirely.<br /><br /><a href="http://www.techdirt.com/articles/20100114/0752067755.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100114/0752067755.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100114/0752067755.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>be-careful-what-you-wish-for</slash:department>
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