Did yesterday’s internet black out save the internet?

I’ve seen a lot of commentary about how the web may have been saved because of the internet’s “abuse of power.” How parts of the internet shut down for a day. I’m sure this impacted a great deal of people, may have actually hurt our economy a little bit. However, one day of action won’t save the internet.

I’ll agree it made a huge impact as support for SOPA/PIPA has plummeted. Yes, this round of attack by the MPAA and RIAA may have been twarted, but this is just the beginning of the fight for the internet. Ars Technica, has an excellent write up for a plan for how to address some of the concerns of copyright holders in a much better fashion. A manner which would not destroy the internet like SOPA/PIPA.

However, I think that this is a case of industrial policy legislation that is picking winners. In several blogs and posts at the Urban Times, I have written in favor of using some policies to enact changes of behavior. However, in these cases it’s because a novel technology isn’t being adopted that leads to benefits for the social good. In the case of copyright holders, these policies aren’t for the common good, but are being put into place to protect an aging business model that is not innovative. The policies I recommend are to help innovators compete against the status quo.

Data has shown that increasing the availability or decreasing the availability impacts the rate of piracy for television shows. Which indicates to me, policies should be striving to push companies to increase access to copyrighted material, not to go after pirating website. The responsibility for dealing with pirates should be with the copyright holder. They have the means to actually reduce piracy through reducing the amount of licensing fees and increasing accessibility.

We should be pushing our government leaders to put initiatives in places that require massive concessions from copyright holders, if they abuse their copyright position, including losing that copyright. Subscription services like Spotify and Pandora allow users to get access to content either free, with ads, or for a small price. However, these services don’t allow users to access everything. This leads to frustration. If I was able to listen to whatever on Spotify, there’d be no reason to pirate.

What does this mean? Well, we can celebrate the change in positions of congressional members, however this isn’t over yet. OPEN act may be the next step in this battle. Free internet should be our goal, free as in speech not beer. However, people are willing to pay and I think in this case, business models need to catch up with technology.

Which bill is worse NDAA or SOPA?

I was posed this interesting question by my friend Jurriën, which bill is worse the most recent NDAA or SOPA. What is the NDAA? Well it’s a yearly bill called the National Defense Authorization Act, however there were some incredibly important changes to this years bill. This years NDAA turned the United States into a battle field and gave the US government the right to arrest anyone for any reason. It also includes provisions for allowing the indefinite detention of any US citizen. Something like this has already occurred with the PATRIOT Act, which allowed the President to go after so called “enemy combatants.” Most of these prisoners are currently being held in Guantanamo Bay, Cuba.

What does this bill mean to you and me? Well, the basic argument is if you’re doing nothing wrong it won’t impact you. However, I see in this bill the potential to return to McCarthyism at it’s worst. Only instead of Communists we’ll be seeing terrorists everywhere. Likely it could eventually lead to oppression of anyone that appears to be Arabic, Pakistani, Afghan, or similar skin tone. This type of power is ripe for abuse and might be extended to fight the “War on Drugs” as many of those groups are essentially terrorists in Mexico.

What about SOPA? I’ve written about that fairly extensively, but tomorrow we’re going to get to see a preview of what life might be like under SOPA. Tomorrow Reddit, Wikipedia, imgur and many other smaller websites are going to black out all of their content. Nothing will be readable as a protest against the law. In addtion, the Senate counter part PIPA (Protect IP act) is up for a hearing on Jan 24 so be sure to contact your Senator

Both laws I think are going to be abused by the US government and by agencies that are given additional powers. In many ways they are similar in that they restrict our Constitutional Rights as Americans. We will lose our 6th Amendment right to a trial by jury and our 8th Amendment Rights, which prohibits excessive, cruel and unusual punishments. Based on this, Chris Hedges has sued Obama over the passing of this bill. This might have a good chance of succeeding in overturning the law.

SOPA/PIPA aren’t on the books yet. I think that we can prevent these two from passing and will for a time save the internet. It will take a lot of continual effort and we will have to remain vigilant against surprise sessions where they attempt to pass the laws.

I worry that the NDAA will not be revoked in its current form and will be used to dramatically harm US citizens. Additionally, I fear any attempt to link SOPA/PIPA to national defense which would surely pass. So at this point, NDAA is worse only because it has passed. Once SOPA/PIPA pass, the three combined could be a nightmare for us, but a dream come true for dictators around the world. What could we say to future Saddam’s when they are able to point to US law and say, you can do it why can’t we?

What is the right to assemble online?

Sorry for the long delay in posts. I’ve been a little busy and I’ve had some trouble coming up with topics as well. So, if there are any topics you’d like to see written about feel free to shoot me a message.

In the US we have an amendment to our constitution which ensures our right to assemble. This amendment is important because it allows us to protest governmental action and activities we do not like. We do not always like the way that this right is being expressed, such as the Westboro Baptist Church protesting fallen soldiers, gay suicides and a range of other things. It also protests our right to counter protest the WBC.

In the case of a protest over a company, it’s possible to protest in front of their headquarters or in front of individual branches such as Bank of America. In many ways these tactics are effective because it drives media attention do to it’s location. If someone is protesting a bank in small town America, such as my home town, Grove City, PA no one is going to care. You might get a piece written about it in the Allied but it’s unlikely to attract the attention of the Pittsburgh Post Gazette which is only 60 miles south. Even if some how it did make the news in Pittsburgh, it’s unlikely to remain in the news, which that’s something a protest in Pittsburgh would actually be able to do.

Why does this matter? Well, for a company like Amazon.com much of it’s physical locations are in small town America. They don’t have large presences in many major cities. How do you effectively protest a large internet based company? How do you protest a company when the people that want to do the protesting are scattered throughout the world?

In the past I’ve written about LulzSec and Anonymous, these groups still operate and have had some interesting ideas about how to protest. The first is what is called a Denial of Service (DoS) attack, where a company’s website is overwhelmed with requests for access to the site and it kills the server. This would be the physical equivalent of creating a lined of linked arms across the doorway to the company’s headquarters or branch. Typically, these sort of attacks don’t last very long because IT departments have become very good at finding the sources of these attacks and stopping them.

It is not possible to respond by moving across the street to continue protesting where people to see you. It is also not possible to post ads in the area as a form of protest. However, it is possible to buy ads on Google or other such sites that will display something if you type Bank of America, however, I’m not sure if this is effective or not.

Another type of protest employed is the internet petition. I’ve signed plenty of them, but it’s fairly obvious that these are as worth as much as the paper their printed on (which is to say none). These really just make you feel better, without much work.

At this point, I think that when it has come to massive protests online, Reddit has created the blueprint. Redditors have worked extremely hard to protest SOPA. This has included call your senator day, getting websites to agree to an internet blackout day, where sites will completely black out all content. This is a representation of the impact of censorship that SOPA will enact.

However, this type of protest isn’t really possible for all types of government or private business action. While the denial of service attacks aren’t very effective, they do raise awareness and have lead to other types of attacks, such as hacking and the release of data that users thought was secure. Despite the fact that it is theft of data, these actions have done more to change company behavior than any other type of internet based protests.

Is that the future of assembly online? I don’t know. It’s easy to block websites that act as a rallying point, so it will be important for people to actually meet to do their protesting as protesting on the internet doesn’t really have the same impact, unless something big gets leaked. We do need to define what is acceptable as a society for online protesting. DoS might be a way to allow protests.

Go Daddy and SOPA

Today Mashable wrote an article arguing that it’s time to give Go Daddy a break. Since it was recognized that Go Daddy was a supporter of SOPA Reddit and the rest of the internets have been lambasting Go Daddy for it’s stance. Go Daddy has responded to the internet three different times, each with a strong change in its tone. First, it responded with a very caviler attitude as if there was nothing that the web could do against them for their SOPA support. Once there was announced an official domain move day of December 29th and thousands of domains fled Go Daddy, the company changed their stance from Supporter to “no longer supports” SOPA. Once the 29th hit even more sites moved from Go Daddy which has forced Go Daddy to officially oppose SOPA. However, even this hasn’t placated the internet and members of sites like Reddit are calling for more domain name changes. Mashable things enough is enough. The point has been made the company has changed its stance.

The author, Todd Wasserman, doesn’t seem to understand why members of sites like Reddit would be so upset and still out for blood. Sites like imgur are moving from Go Daddy, even though the official stance has changed and the boycott domain change day has passed. Should they still change? I think they should. What Wasserman doesn’t understand is this is as much an emotional response as a logical one.

The initial response basically marginalized the most active users of the internet, which include many domain name holders and entrepreneurs. Effectively saying to their clients, you don’t matter to us you pay us and we’ll do what we want to the internet. These are technologically savvy consumers that really understand how the internet works and have an expectation of how they should be treated on the internet. This was akin to kicking a hornets nest.

The slow response to the internet’s concerns allowed users to find additional information about Go Daddy’s involvement in SOPA. It was discovered that Go Daddy actually helped write the bill and was exempt from it. This represented a betrayal of the highest order. A company that has gotten rich on the back of user created content from start-up companies, blogs, video sites, etc, was helping to destroy the very content that made it rich. Talk about a Judas move.

When the company then switched to doesn’t support SOPA, this just further angered communities like Reddit, because it didn’t go far enough. Internet users wanted the company to condemn the bill with all the force it could muster. However, it took a half measure approach and did nothing to actually make users on happy. Content owners want to be sure that their domain registrar was as against the bill as they were. Otherwise, all of their protests and content could easily be cut off while Go Daddy continued to profit off of the users content.

So, should the full reversal after the boycott have helped placate the internet? I don’t think so. The company was disingenuous in their initial responses rebuffing serious concerns from the most savvy of their users. These users were able to explain to the less savvy the actual hazards of a domain registrar supporting SOPA. The half measure changes showed that the company was only bowing to pressure and likely could have changed positions as quickly as it had once the boycott was announced.

Making an example out of Go Daddy makes it known to other large companies that bills like SOPA are completely unacceptable and support of them will not be tolerated if you’re a web based service or company. Should the internet relax on Go Daddy? No, not until they begin making campaign contributions against the bill’s supporters, actively works to lobby against it through transparently working to write bills to fully protect the internet from future legislation like this. Changing its stance seems some what opportunistic and I know I need more action than a statement. Working to oust members that support it, would be putting its money where its mouth is.

SOPA hearing today

For all of those interested in protecting the Internet today is the last day to try to prevent congress from passing SOPA. This law, would censor the internet. There have been a lot of people talking about this law on both sides of the argument. Chris Dodd president of the RIAA is pushing heavily for this law. He argues that if China has the same ability to control content in China, then the US should have the exact same authority. In a previous blog I argue that this is the biggest killer to internet innovation. Effectively this would create a Great FireWall of the US.

Opponents of the law have started a censorship the internet campaign. I tweeted one of these yesterday. Effectively it blocked out parts of your writing in simulation of the final impact of the law. In addition to these campaigns a few other big hitters have come out against the law, including the Writers’ Guild of America. This group understands that copyright laws shouldn’t dictate the future of the internet and it’s openness. In addition yesterday the EFF posted an open letter from internet leaders arguing that SOPA would crush innovation. I strongly suggest reading this letter. It’s written by the people that created things like IPv6. These people know what they are talking about.

We users have had a blessing in disguise with the MegaUpload and Universal Music Company DMCA Take down issue. Effectively, they took down legal songs using a copyright provisions in addition to taking down videos ABOUT the discussion.

So what are some of the key problems with this bill? It requires DNS level blocking. Which could potentially break the internet. It takes down entire domains if there is a single alleged copyrighted material online. It can block payment to sites through requiring Master Card and Visa to shut down payment for the site. All of these have to happen within Five DAYS. Nothing gets done in five days in any business.

There are additional problems with these laws and our foreign policy. Recently Hilary Clinton gave an extensive speech on net freedom and how repressive regimes are censoring the internet and killing free speech. So, our international rhetoric is completely out of line with what we’re doing internally. Furthermore, this is going to create problems with the Organization for Economic Cooperation and Development (OECD) has decided to institute a policy framework which is effectively the opposite that everything SOPA stands for. Finally, this has a negative impact with the #NoDisconnect policy that the EU has recently pushed for.

If you want to keep up to date with the comments being discussed in the hearing today. Follow @EFFLive as they are tweeting comments from congressional leaders about the problems with this law. Additionally, please contact your congressional leaders today (scroll down to the bottom) about this issue.

Watch Live Stream Here: http://www.keepthewebopen.com/sopa

Additional Reading:
Internet Blacklist vs. Constitution – EFF
SOPA and Educators – EFF
Recent SOPA amendments – TechDirt
DC Decided to Regulate Hollywood to prevent innovation – TechDirt