Friday 29 April 2011
Latest Wikileaks Release Shows How US Completely Drove Canadian Copyright Reform Efforts
With Wikileaks State Department cables showing how much the US influenced copyright policy in Sweden and in Spain, it shouldn't really be much of a surprise that the US unduly influenced copyright policy elsewhere as well. The latest Wikileaks report confirms what pretty much everyone knew already: copyright reform in Canada was driven mainly by US interests. Michael Geist points out some of the highlights, including the US Government demanding anti-circumvention provisions (things that the creators of those provisions in the US have even admitted were a failure). Yet, the US demands this, while maintaining that it would prefer there be few, if any, exceptions on circumvention:
Even more telling, the US ambassadors only seem to speak with either the government or copyright holder organizations in all of this. In one cable, it discusses concerns from the recording industry and the movie studios that Canada's proposed legal changes don't go far enough. Nowhere do they seem to speak to actual consumers or to anyone who represents consumers. Because, you see, it's not about them. In fact, it appears that the "Canadian" Recording Industry Association has a very cozy relationship with the US government, with the two meeting to get feedback on proposals and strategize about policy issues. Again, no mention of any similar consultation with the people actually impacted by such changes in the law: everyone else. In fact, it seems like the only time the public is mentioned at all, it's to note how pesky it is that they don't seem to like these changes, and to explain why Canada has slow rolled the changes (because politicians were afraid negative publicity would hurt their re-election campaigns).
In one of the earlier documents linked above, the State Department (based on feedback from industry) criticize the idea of "notice and notice" rather than "notice and takedown" with a snarky complaint about how it's "if I told you once, I've.... told you once." Apparently, the officials don't recognize how notice and takedown invariably leads to false takedown and stifling of free speech (something we thought US diplomats were supposed to be protecting).
Once again, none of this is even remotely surprising. The US government, at the urging of the US entertainment industry, has been pushing its own brand of overly aggressive, speech stifling, copyright laws around the globe. It's just too bad that Canadian politicians apparently don't have the guts to stand up to bullying US diplomats.
Mike Masnick @'tech dirt'
If there are any exceptions to TPM or rights management information (RMI) liability, the exceptions should be clearly enumerated and narrow in scopeSeparately, the US demanded third party liability on ISPs to pressure them into acting as Hollywood's private copyright police force:
A system of protections and obligations for ISPs that shelters them from certain liability, reduces and prevents copyright infringement on the Internet and provides incentives for ISPs to work cooperatively with copyright owners.In response, Canadian Prime Minister Stephen Harpher seemed happy to promise such things, which explains why the Canadian government kept pushing so hard for anti-circumvention "digital lock" rules, despite widespread opposition to that key part of the proposed Canadian copyright reform. And yet, the US keeps complaining that Canada isn't ratcheting up its copyright laws fast enough, not recognizing the widespread public opposition that such laws are facing.
Embassy Ottawa remains frustrated by the Government of Canada,s continuing failure to introduce - let alone pass - major copyright reform legislation that would, inter alia, implement and ratify the World Intellectual Property Organization (WIPO) Internet treaties. Several recent factors compound this frustration, including the fact that:Note that there is no discussion as to why Canada hasn't moved forward. No discussion of the rather effective opposition to overly draconian copyright laws. Just demands that Canada "do something," and plans for the US to keep applying more and more diplomatic pressure.
-- the Prime Minister told the President last August that Canada would pass copyright legislation;
-- the November Speech from the Throne laying out the government,s Parliamentary agenda stated that it would "improve the protection of cultural and intellectual property rights in Canada, including copyright reform;" and
-- senior GOC officials, especially Industry Minister Prentice, repeatedly assured the Ambassador and senior Mission Canada officers that the copyright bill would be introduced "soon." Specifically, assurances were given that the legislation had been finalized and would be introduced prior to the Christmas recess, and then again immediately upon Parliament's return in January. Neither of which occurred.
Even more telling, the US ambassadors only seem to speak with either the government or copyright holder organizations in all of this. In one cable, it discusses concerns from the recording industry and the movie studios that Canada's proposed legal changes don't go far enough. Nowhere do they seem to speak to actual consumers or to anyone who represents consumers. Because, you see, it's not about them. In fact, it appears that the "Canadian" Recording Industry Association has a very cozy relationship with the US government, with the two meeting to get feedback on proposals and strategize about policy issues. Again, no mention of any similar consultation with the people actually impacted by such changes in the law: everyone else. In fact, it seems like the only time the public is mentioned at all, it's to note how pesky it is that they don't seem to like these changes, and to explain why Canada has slow rolled the changes (because politicians were afraid negative publicity would hurt their re-election campaigns).
In one of the earlier documents linked above, the State Department (based on feedback from industry) criticize the idea of "notice and notice" rather than "notice and takedown" with a snarky complaint about how it's "if I told you once, I've.... told you once." Apparently, the officials don't recognize how notice and takedown invariably leads to false takedown and stifling of free speech (something we thought US diplomats were supposed to be protecting).
Once again, none of this is even remotely surprising. The US government, at the urging of the US entertainment industry, has been pushing its own brand of overly aggressive, speech stifling, copyright laws around the globe. It's just too bad that Canadian politicians apparently don't have the guts to stand up to bullying US diplomats.
Mike Masnick @'tech dirt'
#royalmehdding
DianaInHeaven Princess Diana
Look at them. He's thinking about helicopters, she's thinking about whether it's still acceptable to buy scratchcards.
Australia defence sex scandal cadets charged
Two men have been charged over a sex scandal at an Australian defence academy, in a row which led to a review of the military's treatment of women.
The cadets from the Australian Defence Force Academy are accused of secretly filming a female cadet having sex and broadcasting it on the internet. They have been charged with misusing an electronic communications service. One has been charged with an indecent act.
The government has set up a number of inquiries in response to the scandal.
The 18-year old female cadet said that she had consensual sex with a fellow first-year cadet, which was then transmitted via webcam to six other cadets watching on a computer in another room.
Photographs of the encounter were also said to have been circulated around the academy.
The two men, aged 18 and 19, face possible jail terms if convicted.
The commander of the academy was ordered to take leave in the wake of the incident and at least two inquiries were initiated.
Sex Discrimination Commissioner Elizabeth Broderick was asked to conduct a review into the treatment of women both at the academy and in the wider military.
Reviews were also ordered into the use of alcohol and social media in the military.
The scandal followed another relating to the navy.
In February, the defence department released a report chronicling what it called a culture of predatory sexual behaviour on board the naval supply ship, HMAS Success.
It revealed a fiercely tribal culture in which women sailors were treated with disdain, alcohol was badly misused and discipline had broken down.
@'BBC'
JimBoardman Jim Boardman
Good morning. Shanks wouldn't approve of a wedding taking place during the season.
Telegraph names alleged rape victim in full Guantánamo release
The Daily Telegraph has published 759 of the leaked Guantánamo files it obtained from WikiLeaks, despite the files not having been redacted to remove sensitive information.
One of the documents published by the Telegraph today includes the full name of a boy detained at Guantánamo who, according to the file, was raped at the age of 15, just prior to being transferred to the camp.
The publication of his name appears to breach the Press Complaints Commission Editors' Code of Conduct, which states that "the press must not, even if legally free to do so, identify children under 16 who are victims or witnesses in cases involving sex offences".
The PCC said today that it could not comment on individual cases before a complaint was made, but it "would of course consider any complaint".
No charges were brought against the detainee, who was captured by US forces in Afghanistan and transferred to Guantánamo Bay "because of his possible knowledge of Taliban resistance efforts and local leaders". He was released a little more than a year after being transferred to the camp.
The file has also been published by WikiLeaks and the Guardian but the Guardian has blacked out the text relating to the alleged assault.
In a statement sent to Journalism.co.uk this afternoon, the Telegraph defended the move, saying it had undertaken "minimal redactions" and that its position was "supported by WikiLeaks".
"The Daily Telegraph takes its responsibilities when releasing confidential documents very seriously, but we believe this information is crucial for full public understanding of Guantánamo Bay. The newspaper has a long track record of redacting documents when necessary, including the release of hundreds of files relating to MPs expenses and the US diplomatic cables.
"However, in this instance, after taking detailed expert advice on the information already in the public domain and the importance of the documents to the general public and the detainees, we have decided to make only minimal redactions. This position has been supported by WikiLeaks.
"We have detailed security protocols in place for the handling of sensitive data by Telegraph employees. We have been alarmed at the reports of the apparent cavalier handling of data by former partners of WikiLeaks, which led to their relationships with the organisation breaking down."
Concerns have also been raised today that a number of the files published by the Telegraph contain unverified accusations against current and former detainees. Speaking to Journalism.co.uk earlier today, Guardian investigations editor David Leigh said that the Telegraph's publication was "totally scandalous ... the most irresponsible thing that I can imagine".
"We took out the names of people who because of the British libel law we couldn't just publish unverified accusations against. We did a lot of redacting and the New York Times did a lot of redacting, but unfortunately WikiLeaks hasn't, and the Daily Telegraph has just published the lot."
The director of Reprieve, a human rights group set up to help the detainees of the Guantanamo Bay camp, wrote to the Telegraph following their initial coverage of the files, accusing it of "extraordinarily inaccurate journalism".
Clive Stafford-Smith's letter, which was not published by the newspaper but was sent to Journalism.co.uk by Reprieve, says:
"The Daily Telegraph line about the Guantánamo WikiLeaks is extraordinarily inaccurate journalism: 'At least 35 Guantánamo Bay inmates fought against the West after being indoctrinated in Britain, leaked files disclose'. "You write that nine of these are British nationals and eight are British residents. I have helped to represent most of these men, and there is no credible evidence – zero – that any fought against the West." Stafford-Smith has also criticised the Guardian for its coverage, claiming in an article published by the newspaper that it took "a very credulous approach to the WikiLeaks exposé".
Joel Gunter @'Journalism.co.uk'
One of the documents published by the Telegraph today includes the full name of a boy detained at Guantánamo who, according to the file, was raped at the age of 15, just prior to being transferred to the camp.
The publication of his name appears to breach the Press Complaints Commission Editors' Code of Conduct, which states that "the press must not, even if legally free to do so, identify children under 16 who are victims or witnesses in cases involving sex offences".
The PCC said today that it could not comment on individual cases before a complaint was made, but it "would of course consider any complaint".
No charges were brought against the detainee, who was captured by US forces in Afghanistan and transferred to Guantánamo Bay "because of his possible knowledge of Taliban resistance efforts and local leaders". He was released a little more than a year after being transferred to the camp.
The file has also been published by WikiLeaks and the Guardian but the Guardian has blacked out the text relating to the alleged assault.
In a statement sent to Journalism.co.uk this afternoon, the Telegraph defended the move, saying it had undertaken "minimal redactions" and that its position was "supported by WikiLeaks".
"The Daily Telegraph takes its responsibilities when releasing confidential documents very seriously, but we believe this information is crucial for full public understanding of Guantánamo Bay. The newspaper has a long track record of redacting documents when necessary, including the release of hundreds of files relating to MPs expenses and the US diplomatic cables.
"However, in this instance, after taking detailed expert advice on the information already in the public domain and the importance of the documents to the general public and the detainees, we have decided to make only minimal redactions. This position has been supported by WikiLeaks.
"We have detailed security protocols in place for the handling of sensitive data by Telegraph employees. We have been alarmed at the reports of the apparent cavalier handling of data by former partners of WikiLeaks, which led to their relationships with the organisation breaking down."
Concerns have also been raised today that a number of the files published by the Telegraph contain unverified accusations against current and former detainees. Speaking to Journalism.co.uk earlier today, Guardian investigations editor David Leigh said that the Telegraph's publication was "totally scandalous ... the most irresponsible thing that I can imagine".
"We took out the names of people who because of the British libel law we couldn't just publish unverified accusations against. We did a lot of redacting and the New York Times did a lot of redacting, but unfortunately WikiLeaks hasn't, and the Daily Telegraph has just published the lot."
The director of Reprieve, a human rights group set up to help the detainees of the Guantanamo Bay camp, wrote to the Telegraph following their initial coverage of the files, accusing it of "extraordinarily inaccurate journalism".
Clive Stafford-Smith's letter, which was not published by the newspaper but was sent to Journalism.co.uk by Reprieve, says:
"The Daily Telegraph line about the Guantánamo WikiLeaks is extraordinarily inaccurate journalism: 'At least 35 Guantánamo Bay inmates fought against the West after being indoctrinated in Britain, leaked files disclose'. "You write that nine of these are British nationals and eight are British residents. I have helped to represent most of these men, and there is no credible evidence – zero – that any fought against the West." Stafford-Smith has also criticised the Guardian for its coverage, claiming in an article published by the newspaper that it took "a very credulous approach to the WikiLeaks exposé".
Joel Gunter @'Journalism.co.uk'
Bradley Manning no longer held in solitary confinement, Pentagon says
Reporters were allowed to view the kind of accommodation in which Manning is currently being detained, at Fort Leavenworth in Kansas, after he was moved earlier this month from Quantico marine base in Virginia as he awaits court martial.
His treatment in Virginia– which included 23 hours in his cell and being stripped down to a smock at night – was widely condemned by human rights groups including Amnesty International and the UN rapporteur on torture, who subsquently launched an investigation into conditions.
Manning is now detained among other medium-security inmates also awaiting military trial, according to Associated Press, which took part in a media tour of his new accommodation. The move implies that Manning has been cleared as a suicide risk, as any detainee deemed a risk of suicide would be held on their own.
It has long been a complaint of Manning's lawyer, David Coombs, that the advice of psychiatrists at his old prison in Quantico was ignored. Records show that mental health professionals regularly assessed him and found him to be no risk to himself, but Manning was kept on a "prevention of injury" order, which required him to be segregated from other inmates.
Reporters were told that Manning will, in future, be housed alongside another 10 or so prisoners, all of whom are awaiting trial. AP said he will have his own cell, wear standard prison clothing and have open access to a communal area except overnight.
With concern receding about the way Manning is being treated, the focus is now likely to swing towards the trial. No date has yet been sent for the court martial, though it is understood that the first subpoenas have been sent out for acquaintances of Manning to appear before a grand jury investigating the charges.
Manning faces multiple counts relating to the leaking of hundreds of thousands of documents and videos to WikiLeaks, which include the Iraq and Afghan war logs, and the US embassy cables disclosing secret diplomatic intelligence from around the world.
Last week President Obama was accosted by Manning supporters at a fundraising event in San Francisco. The president spoke to one supporter and reportedly said: "He broke the law."
The supporters interpreted Obama's words as referring to Manning, and have complained that by declaring the suspect guilty the president has destroyed the chance of a fair trial.
Ed Pilkington @'The Guardian'
Attorney Challenges “Gag Order” on WikiLeaks Docs
The ongoing release of another large collection of classified documents by WikiLeaks concerning Guatanamo detainees creates a new set of challenges and opportunities for the detainees’ attorneys. But the government says the attorneys cannot discuss those matters in the public domain, even though anyone else can.
Attorney David Remes petitioned a court yesterday to release him from all such restrictions regarding publicly available WikiLeaks documents. His petition (pdf) was posted by Ben Wittes of Lawfare blog.
It was also reported by Scott Shane in the New York Times today, and discussed by Marcy Wheeler at EmptyWheel.
The petition argues that not only are continuing controls on publicly available information futile, they are unjust. That is, they inhibit the attorney’s ability to act in the best interests of his clients by correcting errors or identifying exculpatory factors.
A response by the government will follow.
Steven Aftergood @'Secrecy News'
Attorney David Remes petitioned a court yesterday to release him from all such restrictions regarding publicly available WikiLeaks documents. His petition (pdf) was posted by Ben Wittes of Lawfare blog.
It was also reported by Scott Shane in the New York Times today, and discussed by Marcy Wheeler at EmptyWheel.
The petition argues that not only are continuing controls on publicly available information futile, they are unjust. That is, they inhibit the attorney’s ability to act in the best interests of his clients by correcting errors or identifying exculpatory factors.
A response by the government will follow.
Steven Aftergood @'Secrecy News'
DJ echochorus - How I Ended This Summer Mix
Tracklist:
01 relapxych.0 – city nightlight II
02 relapxych.0 – ripples on the surface of time
03 bvdub – different place
04 bvdub – nothing you can say
05 skyscraper – shaping the sky
06 cv313 – beyond the clouds
07 bvdub – i knew you then
08 hallucinator – hallucinator
09 the orb – baghdad batteries
10 bvdub – a silent reign
11 bvdub – isolation’s embrace
DOWNLOAD
via
01 relapxych.0 – city nightlight II
02 relapxych.0 – ripples on the surface of time
03 bvdub – different place
04 bvdub – nothing you can say
05 skyscraper – shaping the sky
06 cv313 – beyond the clouds
07 bvdub – i knew you then
08 hallucinator – hallucinator
09 the orb – baghdad batteries
10 bvdub – a silent reign
11 bvdub – isolation’s embrace
DOWNLOAD
via
Thursday 28 April 2011
Policy Files: Operation Enduring Freedom and Operation Noble Eagle
OEF ONE SCF
This 47-page document, published on March 28, 2002, "provides instructions and guidance on the classification of information involved in Operation Enduring Freedom and Operation Noble Eagle," the former being "the war on terrorism outside the United States," and the latter referring to "US military operations in support of homeland defense and civil support to federal, state and local agencies in the United States." As such, it provides exhaustive lists of what the classification procedures are for a vast range of eventualities.
Download the PDF file @'WikiLeaks'
charlieconnelly Charlie Connelly
I refuse to accept this wedding is a 'fairytale' until the Archbishop of Canterbury is eaten by a wolf wearing a lace cap and shawl.
AdamBienkov Adam Bienkov
Sleeping rough before protesting against the govt: illegal and wrong. Sleeping rough before bowing your head to the Royals: a patriotic duty
The Mark of Cain (A documentary by Alix Lambert about the culture of Russian prison tattoos)
The Mark of Cain documents the fading art form and language of Russian criminal tattoos, formerly a forbidden topic in Russia. The now vanishing practice is seen as reflecting the transition of the broader Russian society. Filmed in some of Russia;s most notorious prisons, including the fabled White Swan, the interviews with prisoners, guards, and criminologists reveal the secret language of The Zone and The Code of Thieve.
The prisoners of the Stalinist Gulag, or "Zone," as it is called, developed a complex social structure (documented as early as the 1920s) that incorporated highly symbolic tattooing as a mark of rank. The existence of these inmates at prisons and forced labor camps was treated by the state as a deeply-kept secret. In the 1990s, Russia's prison population exploded, with overcrowding among the worst in the world. Some estimates suggest that in the last generation over thirty million of Russia's inmates have had tattoos even though the process is illegal inside Russian prisons.
The Mark of Cain examines every aspect of the tattooing, from the actual creation of the tattoo ink, interviews with the tattooers and soberly looks at the double-edged sword of prison tattoos. In many ways, they were needed to survive brutal Russian prisons, but mark the prisoner for life, which complicates any readmission to normal society they may have. Tattoos expressly identify what the convict has been convicted of, how many prisons he;s been in and what kind of criminal he is. Tattoos, essentially, tell you everything you need to know about that person without ever asking. Each tattoo represents a variety of things; cupolas on churches represent the number of convictions a convict has, epaulets tattooed on shoulders represent the rank of the individual in the crime world and so on and so forth.
The unflinching look at the Russian prison system is slowly woven into the film. Cells meant to hold 15 hold 35 to 45 men. Drug resistant tuberculosis runs rampant through the prison populations and prisoners are served three meals a day of watery slop. There are allegations of brutality by the guards. As these men deal with pestilence, violence and grossly substandard living conditions, the prison guards and administration put on a talent show.
The film served as source material for David Cronenberg's 2007 dramatic movie, Eastern Promises. He commented, "This is a very courageous documentary on the tattooing subculture in Russian prisons. I don't know how it ever got made, but it's beautiful, scary, and heartbreaking."
(Wiki)
Via
Saw this when it was on SBS many years ago. Starting at 11:47 check out the work of Aleksander Borisov, one of the most amazing tattooists ever...
Morrissey on the Royals
Morrissey questioned an interviewer who asked him if he’d be amongst the estimated two billion people watching the ceremony globally. “Why would I watch the wedding? Why would I watch it? I couldn’t take any of that seriously. I don’t think the so-called royal family speak for England now and I don’t think England needs them. I do seriously believe that they are benefit scroungers and nothing else. I don’t believe they serve any purpose whatsoever.”
Warming up to his topic, he added: “The press reports from Buckingham Palace tell you that people love them, but go out now and speak to people on the street and they will laugh at you. They really will.” Morrissey once fantasised in ‘The Queen is Dead’ back in the 1980s of breaking in to Buckingham Palace armed with just a “sponge and a rusty spanner”. His hatred of the Queen extended to her son Charles, Prince William’s old man, suggesting that he’d like to “appear on the front of the Daily Mail, dressed in your mother’s bridal veil.”
As recently as a few years ago he said of William’s Dad “The very idea of Charles being King is laughable. You might as well say that Ronnie Corbett will be king one day. I think that would give people more pleasure.” Clearly nothing has changed.
Via
Subscribe to:
Posts (Atom)
