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March 15, 2006

The DC Speeding Ticket Scam

Why should anyone bother to go into the District these days? Their lovely administration has decided now that the Constitution is optional, and they can make tons of money, hand over fist, without even involving the police?

A few days ago, the hubby got a letter addressed to him, saying that our truck was speeding down a road in DC, complete with pictures of the truck, demanding 200.00. TWO HUNDRED DOLLARS! And their evidence for this? Tick marks on the road that say that they measured the time it took the truck to pass... not 100 feet... not 200 feet... but 20 feet.

So why do I say this is unconstitutional? First, your accuser is not a person, but a device. This device is not being run by a person who then can be cross examined as to his or her training in interpreting this information, etc. As this is the ONLY evidence provided, without an officer to say "I observed the driver doing this or that" how can you tell who is driving?

The "who is driving" issue is likely the most interesting part of this. One of the check boxes you can use in responding to the ticket is the "I wasn't driving the car" box. In this case, they want you to sign a notarized statement that you were not the driver, and turning in the person who WAS driving. You must swear this under penalty of purgery. So, if you aren't in the car, or observing the car being driven, how can you swear who was driving the car at that place at that time?

In this age of alien abductions, perhaps it's the aliens who are speeding to bring media attention to their plight as unpaid comedy objects?

December 05, 2005

Wendy Seltzer on ICANN, etc. and History

After sitting through several individual meetings with the DoC and others regarding ICANN, and being told over and over that there was nothing they could do about "it" (whichever "it" happened to be the latest outrage against small business or individuals at the hand of the Content Cartel or others...), and being told that ICANN was "independent" and the DoC was "only" there for the "highest forms of oversight" we find this interesting information - THe US Government TOLD ICANN what to do about the .xxx domain AND the Verisign agreement. Why this and not things like keeping Internet Users out of the ICANN loop? Or the UDRP? Or any of the other myriad of policy making that ICANN did outside of its mandate? Why indeed?

ICANN: What's in the DOC analysis of the Verisign agreement?:


At ALAC's meeting with the ICANN Board, in response to criticism of the price increases built into the Verisign settlement agreement, Paul Twomey suggested that the 7% annual increase had been blessed by U.S. regulators. He said, for the first time, that ICANN had asked the Department of Commerce, which had referred the question to the Department of Justice for competition analysis. The same report was claimed as justification at the public forum the next day.


If these reports are going to be used as a basis or justification for ICANN action, they should be disclosed to the ICANN public. If not, a FOIA request will be in order.


See also John Levine's notes.



November 13, 2005

It's Sunday and I Must Rant

I'm having technical difficulties and don't know how to fix them. And therefore, ranting is the only possible answer! Therefore, I will RANT!!

March 08, 2005

Back to that theory about illegal links... (Alan Wexelblat)

ISPs get "safe harbor" from contributory charges at least in copyright cases, why shouldn't those who link ALSO have protection? Is it possibly because they're too small to make too many waves when the thugs from the cartel come after them? The RIAA thought so, but the publicity they've generated hasn't been too good. The blogging and linking world has far fewer grandmas and 12 year olds to sue, so their plight might not be quite as compelling. But we shall see....

Remember last month I mentioned that merely linking to something illegal could itself be illegal? The law of the land is uncertain in the US and now it appears it will be tested in Germany.

Word out of Munich is that a German judge has sided with the Cartel in blocking heise.de, a popular German-language news site from linking to a site discussed in one of heise's stories. As you might guess, the story was on the ease and popularity of distributing content the Cartel would rather lock up. There was, apparently, a link to a site that was, allegedly, involved in such distribution.

If you're wondering why I'm hedging my language so much it's because the original story is in German, a language I'm not fluent in. Babelfish isn't much help, so I'm relying on blog reporting here on toytownmunich.com and here on Constitutionalcode blog.

If someone who is fluent could post an English version of the story that'd be great.

[Copyfight]

What Happens When You Have a WIPO Meeting... (Donna Wentworth)

So why are people surprised by this? WIPO is simply following the ICANN model. If a group that claims it is "open and transparent" can be allowed to have meetings in places where they KNOW that public interest people can't afford to go, and although a few people make noise about it, the organization it supposedly reports to (NTIA) does nothing, why can't WIPO follow suit? After all, WIPO has never claimed to be open and transparent, and has ALWAYS been up front about its mandate to protect intellectual property interests.

...and nobody is allowed to show up?

Or, in another clever variation of the theme, you're told to meet in separate groups somewhere far away, where it's too expensive for those who support your position to join you?

Yesterday I provided the fleetest of updates on the first scenario. Cory did a better job of it over at BoingBoing, capturing in a few typically vivid sentences where we are in the struggle to introduce public-interest considerations to WIPO decsionmaking:


When I first got involved [in WIPO], I wasn't sure that we could make a different against this monolithic, enormous institution, but these days, I'm less worried: WIPO has been fighting the participation of public interest groups with the kinds of dirty tricks that indicate that they're running scared, which means that we're doing something right.

Now David Tannenbaum has written an excellent LawMeme post providing details on the second. In short, WIPO is engaging in a "divide and conquer" strategy with regard to the "Substantive Patent Law Treaty," and a group of Development Agenda supporters is formally protesting:

Regional consultations are generally held in far-flung corners of the world, unreachable by civil society NGOs [non-government organizations] on a low budget and less likely to covered by the press. There are generally no formal requirements to invite any single country, and some countries have argued that the Casablanca meeting excluded countries that expressed vocal opposition to the wealthy nations' proposals.

Shades of the struggle over the EU software patents directive? But of course. It's an old bag of tricks, but if they keep working, no one's going to stop using them.

As I've written before, it's very important that we shine as bright a light as possible on what's happening here.

It's tough to write about WIPO; you spend half your time unraveling acronyms, the other sending off flares to convey the urgency of the situation. But your voice here is very important. Most "big media" outlets aren't covering this story, and that's a huge advantage for the powers-that-be. If you're reading this post, please take a few minutes to write about how important it is that WIPO abandons these tricks and begins the real discussion about pursuing IP law and policy that serves the world majority rather than only a tiny minority of powerful entertainment companies.

[Copyfight]

Well, Spank My Ass And Call Me Charley....

Don't link to meeeeeee. Wrong again, bucko. The idea that one must have permission before linking to something happily available on the Internet is ridiculous! If they don't want people READING it, don't PUT it on the INTERNET. Is it ok for me to spam 10 million people with the link, but NOT ok to put it on my website? Try again.

From Larry Lessig:

So there's a blog first created by the volunteers who watched Fox to create the data necessary to produced OutFoxed. They posted an item about a Bill O'Reilly column, which itself was posted on the web. The company syndicating O'Reilly's column wrote them a nasty letter, telling them to take the column down. They did, and replaced it with a link. The same company wrote again, insisting that the blog was guilty of "unauthorized linking."

Dear syndicators of Bill: Me thinks there's no such concept as illegal linking (outside of China, at least, and please, don't pester me with misreadings of the 2600 case). Indeed, I think that I, like anyone else, am perfectly free to link to the column, as this link does. And indeed, I'd invite anyone else out there who thinks that we still live in a FREE LINKING world to link to the same. Got to find some way to keep those lawyers busy.

[Lessig Blog]

Domain Owners Lose Privacy

Well flaming DUH... of course we're going to lose privacy in every single way this bunch of lamers running the government can THINK of. And with our lovely friends in the Content Cartel, can anyone with a brain even THINK that they haven't been whispering in ears at NTIA and our wonderfully impartial Congress Critters?

So why are we losing privacy? Why is it SO important to find who owns a domain name? The most overwhelming reason is so that the Intellectual Property Cartel can serve them with cease and desist orders and try to take away their domain names. If a crime is committed, such as fraud using a website, it's a simple matter for prosecutors to subpoena the information from an ISP. However, for civil suits, the government has stepped in to make it much easier for the "big guys" and more difficult for the domain name holders, who now continue to be... [PsychoSensei's Pontifications]

Oh, life, it is to rant....

Ok, who set up these silly search engine "rules" that cause everything to explode if you don't stand on your head, turn towards Salt Lake City, while chanting "supercalafragalisticexpialadocious?" I have been going totally nuts trying to get my beauteous site Enchanted Works to the top of the lists and have FAILED! FAILED I tell you.

RANT RANT RANT

January 08, 2005

A Year of CAN SPAM

Yeah, the Congress can fix EVERYTHING eh? D'oh!

The CAN SPAM Act of 2003 went into effect a year ago on Jan 1, 2004. As of that date, spam suddenly stopped, e-mail was once again easy and pleasant to use, and Internet users had one less problem to worry about. Oh, that didn't happen? What went wrong? [CircleID]

December 05, 2004

MSN bloggers try to foul up censorship tool

Typical stupid ass Microsoft. Let's give people something that we keep complete control over. Censorship in blogs? Sheesh! Talk about missing the point!

If you can't speak freely on blogs, what's the point of them? So say some MSN Spaces users who make a game of skirting censorship. [CNET News.com]

November 29, 2004

TiVo Their Way: Ads, Copy Brakes

When did these people get the idea that they could change the rules midstream? Why do they think they can continually mess with things that live in MY house that I bought for MY purposes? And why do American consumers allow Hollywood to pull this shit? Time to boycott TiVo until they wise up!

Plans for pop-up ads and restrictions on copying have some consumer advocates wondering about Tivo's commitment to customer control. The company says it has to bow some to Hollywood and advertiser interests. [Wired News]

November 17, 2004

First thoughts on ICANN's so-called "Plan"

After all these years and all the complaints, "better ideas," congressional testimony, flying around the world and being pelted with the same arguments, etc., that perhaps ICANN would get the clue that maybe it should stick to the mission it was assigned when it was created - protecting the technical stability of the Internet. But no...since this bastard child of Jones Day law firm was created, (ok, even BEFORE then), it's idea of "bottom up consensus" is what staff tells the board to do.

Despite the opinions of the REAL technical community, ICANN once again ignores what it's supposed to be doing in order to continue it's true mission - that of being beholden to intellectual property interests. And, as usual, Karl Auerbach tells it like it is.

ICANN at long last finally issued its so-called "Strategic Plan".

It's not a very good plan, at least not when viewed from the perspective of the users of the internet or from the perspective of a business that uses DNS or wants to enter the DNS business.

ICANN's plan does nothing to protect the technical stability of the net. ICANN is supposed to be our fire department to make sure that the net doesn't burn down. But ICANN seems rather more interested in trying to be the king of some other hill leaving the community of internet users unprotected and the internet vulnerable.

Below is the initial comment on this plan that I sent to ICANN's "comment" address:

To: strategic-plan-comments@icann.org

There is nothing in this plan that deals with ICANN's primary mision: the technical stability of the internet's domain name and IP addressing systems.

To be more specific, there is nothing in this plan that indicates that ICANN will have any role or duty whatsoever regarding the ability of the upper layers of the domain name system (DNS) to operate reliabily, efficiently, promptly, and accurately.

There is nothing in this plan that deals with the proper preparation of the root zone file and its dissemination to root servers.

There is nothing in this plan that deals with responsible operation of the root servers in normal times or in times of stress.

There is nothing in this plan that deals with sensible and balanced allocation of IP addresses.

Instead this plan is completely about business and economic regulation and, by implication, about the prohibition of innovation that is not in accord with ICANN's business and economic rules.

That is not only *not* a narrow mission but it is also a completely inappropriate mission for ICANN. The mission that ICANN describes for itself is that of a national legislature or heavy regulatory agency.

The community of internet users require from ICANN a guarantee that the internet's core infrastructures including the upper tiers of DNS and IP address allocation operate reliably.

The internet community does not require a body that imposes economic, business, and social policy on the internet.

Yet it is that former requirement that this plan ignores and it is that latter non-requirement that this plan proposes.

--karl--
Karl Auerbach
Santa Cruz, California, USA
Former elected ICANN Director for North America

[CaveBear Blog]

Copyright Cartel Goes for Big Score

  • Wired News: Senate May Ram Copyright Bill. Several lobbying camps from different industries and ideologies are joining forces to fight an overhaul of copyright law, which they say would radically shift in favor of Hollywood and the record companies and which Congress might try to push through during a lame-duck session that begins this week. The Senate might vote on HR2391, the Intellectual Property Protection Act, a comprehensive bill that opponents charge could make many users of peer-to-peer networks, digital-music players and other products criminally liable for copyright infringement. The bill would also undo centuries of "fair use" -- the principle that gives Americans the right to use small samples of the works of others without having to ask permission or pay.
  • I have my doubts that this legislative sludge will make it all the way through Congress. But the fact that it's even on the immediate agenda speaks to the enormous clout of the copyright cartel.

    This bill isn't just tweaking at the edges. It's a radical move, designed to control how we use digital media, mainly to prevent us from doing things with it that the copyright owners don't specifically authorize.

    I'm tempted to laugh at the prohibition of skipping past commercials. To make this work, of course, we'll need to chain people to their chairs and sofas, prohibiting anyone from heading to the bathroom or refrigerator while the commercial is running.

    Public Knowledge has more information on this atrocious bill, and a page that helps you fax your opposition to your members of Congress. I suggest you call them -- 202 224 3121 -- instead.

    The cartel keeps pushing, pushing, pushing. Don't let them get away with it. [Dan Gillmor's eJournal]

    November 16, 2004

    Rule of Law Meaningless in New World of DRM

    So, you thought that DRM schemes were just to make sure you paid for your copy of the latest CDs? Things are a lot more insidious that that, unfortunately. Not only do they want you to pay for the use of the content, but they also want to tell you precisely how you can use it in your own home once you've paid for it. And with the new High Definition television offerings coming down the pike, things are have become so much worse that the Betamax case, allowing us to time shift and archive programs in our own homes as we choose, has become largely irrelevant. Technology is being warped to disallow the Fair Use rights that copyright law was built around.

    Both Dish Network and DirecTV now have DVRs (one Tivo, one Tivo "like") that allow you to record High Definition broadcasts. Both of them, prior to release of the units, advertised them as having firewire output so that you could archive the programs to your computer or to DVHS or DVD. This was a fantastic thing for those of us who were already archiving to DVHS tape via use of discontinued equipment (discontinued after it was found that we could actually record HD broadcasts and exercise our Fair Use rights). The ability to do this was destroyed when Dish changed satellites for High Definition broadcasts.

    It was highly disappointing, but not surprising when both the DirecTV and Dish DVRs shipped without firewire outputs enabled. Now the only real way I know of to archive HD broadcasts in HD is to either purchase a new STB or send your old one into a company called 169time.com who puts in firewire outputs along with a small computer that allows you to synch the signal to a firewire equipped DVHS machine. And when you're stupid or confused, they give you fantastic tech support.

    But it seems that's not enough. Now the MPAA is pushing to disallow us from even fast forwarding commercials. And, remember, this is for material we have PAID for either through subscription fees, satellite TV fees, cable fees, etc. Similar to purchasing a song through Apple iTunes and then being told you can't use it in Final Cut Pro to make it a background to your baby picture slide show.

    So what's next? How else will corporations try to limit what we do with things we purchase? And the serious questions are 1) why do consumers put up with it and 2) why does Congress keep pandering to the content cartels?

    February 17, 2004

    Let's face it, HTML email SUCKS

    I personally HATE html'ized email. It causes havoc to many email programs, sends tons of unnecessary programming stuff, and can be dangerous. While many feel that sending email with lame little pictures, stupid music, etc. adds something to an email, it drives many people to delete first and ask questions later. Attempting to explain this, and to explain how to turn html off in certain email programs has been problematic. However, a wonderful new website does it VERY well.

    If you'd like to get rid of that horrid html'ized email from your in box, or to refrain from sending it, use this wonderful handy link.

    December 15, 2003

    Wireless Portability is a Flaming JOKE

    Friday at approximately 7PM I went to the T Mobile store at Dulles Town Center and asked for my Sprint PCS number to be moved to my Sony Ericsson P900 phone on T Mobile. They said that was no problem, and it might take maybe 2 days or so to move the number, but most were up within 24 hours. That seemed a long time, but I said ok and the process began, or so I thought.

    By Sunday nothing had happened, and calling the number still gave me my Sprint PCS voice mail. So I sent off email to T Mobile and to Sprint. Sprint said they never received any requests to move the number. T Mobile said they were confused, and did I really even send anything in? Needless to say, I was not very pleased and went zipping off to the FCC website about portability, which said the wireless industry had agreed to a 2 1/2 hour number switch, wireless to wireless. Armed with this information, off to T Mobile customer service hell.

    Fifteen minutes on hold yielded a very confused person who had my paperwork saying there was indeed a request there, but I had to talk to another department that would make sure it went through TODAY. I thought this might be peachy keen. 20 more minutes on hold and the person I spoke to next said it would be 7 business days. Well that wasn't 2 1/2 hours by any stretch of the imagination. But maybe I could talk to someone in yet another department. ANOTHER 30 minutes on hold and I got someone who said that a "date error" stopped the process and apparently, nobody had done anything since then and it might indeed now be 7 business days. However, so that I would not be without service totally, I got a temporary activation and number so that I could at least use the damn phone pending this switch.

    Moral of the story - don't expect anyone to keep their word.

    December 10, 2003

    Office of Hateful Security

    It's hardly surprising that the Office of Hateful Security can't tell a server from a client. After all, they can't tell a terrorist from a little old lady. Still, I found this highly amusing.

    From Good Morning Silicon Valley

    At least it's an improvement over last year. The federal government?s overall grade on cybersecurity rose over the past year, from an F in 2002 to a D in 2003, according to the latest Federal Computer Security Report Card. This is the fourth year in a row that many federal agencies have received poor grades for failing to secure their computer networks. Eight of them received a grade of F, among them the Department of Homeland Security -- which was apparently too busy working out the bugs in its Total Information Awareness System to bother securing its own network. As one might imagine, the subcommittee that prepared the report card was horrified by the low grades. "It is disturbing that 19 of the agencies are still out of line," said Rep. Adam Putnam, R-Fla.. "I don't underestimate the challenge, but the fact of the matter is they need to do it. ... Some folks have proved it can be done, and not just small agencies."

    No Knock Searches for Kazaa Users?

    So the already rabid RIAA now has the director of the office that brought us such wonderful examples of arbitration and mediation as the David Koresh show and various other blunders. That most certainly makes me feel SO much better about their already fascist tactics. NOT (Thanks to RS for the stolen title)

    From Fox News (of all places) :

    WASHINGTON — The director of the Bureau of Alcohol, Tobacco, Firearms and Explosives is leaving his post next month to lead the recording industry's efforts to stop music piracy.

    Bradley A. Buckles, who served ATF for 30 years and was named director in 1999, will come head of the Anti-Piracy Unit of the Recording Industry Association of America, the trade group announced Tuesday.

    "Brad's appointment should signal to everyone that we continue to take piracy, here and throughout the world, very seriously," said Mitch Bainwol, RIAA's chairman and chief executive officer.

    Over the past six months, RIAA has filed more than 380 copyright lawsuits  against computer users its says are illegally distributing songs over the Internet. The RIAA also says music copyrights are increasingly threatened by easy-to-produce counterfeit compact disks.

    Attorney General John Ashcroft praised Buckles for "the seamless transfer" of ATF from the Treasury Department to the Justice Department, which was part of the law creating the Homeland Security Department.

    Buckles' retirement is effective Jan. 3. No replacement was immediately named.


     

    November 26, 2003

    So Someone Tell Me The Point?

    Why in the name of all that is holy, would our esteemed imbeciles in the United States Senate pass such a ridiculous end-run around REAL mechanisms to crush spam? Could it possibly be because the spammers have money, and we poor schmucks have nothing but our vote? Or could it be that the staffers and congressional critters are too STUPID to actually have read the bill before voting on it? So computer literate that they think, "duh, well that looks like a good idea..." and press the wrong button? You decide, but I predict an increase in junk email after this rotten bill goes into effect.

    From Good Morning Silicon Valley

    Christmas came early for the folks at the Direct Marketing Association this year. On Tuesday afternoon the U.S. Senate unanimously approved the Can Spam Act, the spam-friendly anti-spam bill passed by the U.S. House of Representatives last weekend (see "CAN-SPAM: Thanks for nothing..."). Full of loopholes and difficult to enforce, the bill will supercede some 37 anti-spam laws enacted by other states, including a bill in California that requires companies to have consumers' consent before sending commercial e-mail. It's a lousy piece of legislation that allows e-mail marketers to bury us in spam, as long as they include an opt-out mechanism of their own choosing in each unsolicited message. That mechanism could be as simple as an unsubscribe mailto, or as complex as an opt in/opt out menu located on the marketer's Web site which we will legally be required to visit in order to opt-out. Which one do you think the spammers will be more likely to choose? CAN-SPAM is a real disappointment and it's a pity President Bush is expected to sign it into law when it finally lands on his desk in December. Said California State Senator Debra Bowen (D-Redondo Beach), who authored California's "opt-in" anti-spam law: "It's the biggest turkey the president will see all week and he should stuff it the moment it lands on his desk."

    November 21, 2003

    This Man Said What We All Think

    Although we hate spam and would LOVE to do the following things to them, I guess we can't tell anyone...

    From the United States Attorney for the Northern District of CA

    November 21, 2003

    The United States Attorney's Office for the Northern District of California announced that Charles T. Booher, 44, of Sunnyvale, was arrested by FBI agents in Sunnyvale yesterday morning on a criminal complaint charging him with making death threats against employees of a Canadian Internet advertising company in violation of Title 18, United States Code, Section 875(c) (Threatening Interstate or Foreign Communications).

    According to the affidavit supporting the criminal complaint, from May to July 2003, Mr. Booher repeatedly made threats by email and telephone against employees of the Canadian company which Mr. Booher wrongly believed to be the source of unsolicited email advertising he had received about penile enlargement medication.  In particular, the affidavit describes the following threats, among others: 

    •In a May 31 email, Mr. Booher stated that he was "sending a package full of Anthrax spores to your address" and would "put a bullet in your head"

    •In a June 14 email, Mr. Booher threatened to first "disable" a named employee by a "quick 22 calibre shot to [his] lower spine," then torture him with a "power drill and ice pick" after subduing him with "duck tape and plastic shrink wraps."  

    •In a voice mail message, Mr. Booher threatened to castrate all employees kill them "with a shotgun and thirty rounds of ammunition and a hunting rifle" if they failed to "get your [profanity] popups off my screen."

    •In another voicemail message, Mr. Booher informed the employees that he had "a nice collection of weapons" and would "hunt [them] down" in "sunny Canada" unless they removed him from an "email list."

    Continue reading "This Man Said What We All Think" »

    November 05, 2003

    White House Told To Justify Secrecy

    This could be an interesting fight between the judicial and executive branches of our government. It will be quite interesting to watch Ashcroft attempt to wiggle out of this one.

    The Supreme Court announced yesterday that it wants the Bush administration to defend the secrecy that enveloped lower federal courts' proceedings involving one of the 1,200 Arab and Muslim men detained by federal authorities after the Sept. 11, 2001, terrorist attacks. [Washington Post: Nation and Politics]

    October 30, 2003

    Piss Poor Planning

    Repeat after me - I will NEVER install a new operating system, making the assumption it will not blow away ALL of my settings. Now repeat it 10 more times.


    I installed Panther server over 10.2.8 server on my G3 server box. It ATE all of the configuration files, and would not even LET me reconfigure, saying it couldn't connect to server administration, etc. etc. After trying various ways to boot from another drive, and wipe the boot drive and restore things to a previous backup, I found I was also unable to restore anything properly, so I basically had a fit and began my plan to migrate everything over to a faster server a bit earlier than I'd planned.


    So I will be restoring more of this week's and last week's postings as I can. Bear with me.

    October 29, 2003

    Apple Store in Clarendon

    I love Apple. I love Apple Stores. Except for this one. This is the letter I sent to steve@apple.com. I wonder if there will be any response.

    ----
    I have been a Apple user since 1982, and a Mac user since 1984. Apple has always prided itself on ease of use and customer service ethic. So what happened to your Clarendon retail store in Virginia? Someone should tell the manager there he isn't working for Dell or Gateway and to get with the program.

    I have had pleasant experiences each time I have gone to the retail store in Tysons. Since it is closed for renovation, I went to Clarendon to purchase Panther server and return a Powerbook power supply that broke AGAIN (they all seem to break in the same place. I take them to Tysons and they are replaced cheerfully and quickly). The "Genius" at Clarendon told me he was unable to help me without a machine serial number. I had already driven for 45 minutes through traffic to get there the first time, and asked him to please look up my serial numbers in your purchase or repair databases, because I was listed in there many many times. The person said he couldn't do that. I told him that I knew he could by using last name and zip code. He said it was too difficult.

    Continue reading "Apple Store in Clarendon" »

    October 21, 2003

    CDT Releases Report on "Broadcast Flag" Copy Protections

    Wouldn't it be nice if the "content cartel" "allowed" us to use our Fair Use rights under the Constitution without trying to stop us from doing things like timeshifting for our OWN use?

    CDT released a major report on proposed copy protections for new digital television (DTV) broadcasts. The "broadcast flag" proposal, now before the FCC, would require new TVs, recorders, computers, and other devices to include approved copy protection technology if they are to receive or record protected DTV programs. CDT's report details the flag proposal, the copyright problems that motivated it, and the concerns it raises about consumer uses of television and future innovation. October 20, 2003 [Center for Democracy and Technology]

    October 10, 2003

    Student sued over CD piracy study

    Use of the shift key is now going to be actionable under the fatally flawed DMCA. Will the stupidity ever stop?

    A US student is being sued for showing how to get around anti-piracy technology on a new music CD. [BBC News | TECHNOLOGY]

    UPDATE: In the face of actual brainpower, they've decided NOT to sue after all. Well gee, if they can get a brain, maybe there's hope?.... Naw.....

    September 26, 2003

    Recall issued for all Segway scooters

    I can just imagine people flying around sidewalks everywhere. Beware flying people

    The company behind the Segway Human Transporter has agreed to recall the motorized scooters because riders have been injured falling off when its batteries are low... [MacMinute]

    Technology Can Suck

    To our fabulous and fantastic fans, we hate to tell you this, but there was a big ole database meltdown of some sort that caused serious problems with the blog, necessitating its movement to another machine until we can try to restore things on the other machine. We are unhappy. However, we will prevail. We will make it work. It will be better. Film at 11.

    September 18, 2003

    UK Bans Spam!!!

    It's about time SOMEBODY got some balls! Go UK!

    The UK has made spam a criminal offence to try to stop the flood of unsolicited messages. [BBC News | TECHNOLOGY]

    September 17, 2003

    Petition Against Site Finder

    We Internet users, who either own domain names or have an interest in the domain name system, wish to object to the VeriSign's Site Finder system. We believe that the system: 1) Breaks technical standards, by rewriting the expected error codes to instead point to VeriSign's pay-per-click web directory, and threatens the security and stability of the Internet; 2) Breaks technical standards affecting email services, and other Internet systems... [CircleID]

    September 02, 2003

    Open and Transparent ICANN

    "Trust us. We're from ICANN and we're here to help you." Yeah, right. They must think we're as stupid as Ashcroft does. Once again, in a blinding display of openness and transparency, ICANN decides to overrun users and possibly even national interests (we don't know because they haven't told us....) in a secret plan to redelegate dot MD. Nobody knows either, whether or not the users will keep their domain names.

    The company that won't do a damn thing about registrars who screw consumers have no problem redelegating an entire country code TLD. Ain't life fair?

    Bankrupt .MD Operator Protests ICANN Action on .MD Redelegation [ICANNWatch]

    August 29, 2003

    A Great Idea from EFF

    Calling All ReplayTV Commercial Skippers

    As many readers know, EFF sued 28 Hollywood movie studios last year on behalf of five owners of ReplayTV 4000 units in response to studio claims that consumers who automatically skip commercials are breaking the law. The lawsuit asked the Court to rule that commercial skipping is fair use and NOT copyright infringement. After months of litigation, EFF has finally forced the studios to give up their threats and concede that our five clients can skip all the commercials they want with their ReplayTVs without fear of legal action.

    So where do you come in? We've won the right to skip commercials for five consumers; now we want to make it 500, or if possible, 5,000 - the more the merrier. If you own a ReplayTV 4000 series unit or know anyone who does, contact us immediately. We are in the process of finalizing our negotiations with the movie studios and would like to get similar protection for everyone who has a ReplayTV and uses it for automatic commercial skipping. Contact us at:

    nocommercials@eff.org

    For more information on the case, please see our ReplayTV archive

    P.S. If you use some other technology to skip commercials other than a ReplayTV 4000 series unit, drop us a line as well. While you may be outside the scope of the current case, we will be looking to bring similar cases in the future to guarantee the fair use rights of all consumers, no matter what technology you may use to enjoy them.

    February 24, 2002

    ICANN Rant

    With Regards To ICANN's February Announcement
    by Mikki Barry


    I thought I would save everyone a bit of time by translating the announcement:

    http://www.icann.org/announcements/announcement-24feb02.htm

    paragraph by paragraph, into what it really means:

    ICANN has failed. We wanted everyone to fall into line voluntarily, but they aren't doing so, despite all of the threats of governmental takeover.

    After three years, the ccTLDs still won't give us money, the RIRs basically ignore us, and most others already understand that we are largely irrelevant unless we're going beyond our mandate to make policies that they like.

    So, without doing what we threatened to do (government takeover), because you guys refused to get along with each other (yes, this is all YOUR fault), we are going to do what we threatened to do (government takeover) only worse. We are turning this over to governments AND staff.

    We measure success based upon whether or not we can pay our Jones Day bills. Although many companies who thought they could get special favors from us (and in fact did) but now they have realized that we can't do much more for them since Congress and the DOC are breathing down our necks. They aren't giving us any more money.

    In addition, the USG bashed Verisign over the head until they signed a contract with us. The Australians forced us to deal with the GAC, by providing funding which we count as a plus for ICANN even though we've always said that the GAC wasn't really a part of ICANN at all and just advisory (wink wink). Japan, Canada and the EU have put up with us, but that's just not enough.

    So, ICANN has fallen short of expectations. We made certain to disallow those pesky users we were required to allow to participate under the White Paper, while simultaneously complaining we didn't get enough participation. Of course, the real lack of participation we were requiring is the ccTLDs (and their money). I must also complain in the same paragraph, about ICANN's pre-occupation with "process and participation." Those horrible distractions to our true mission caused us to actually spend money we could have given to Jones Day on such things as the MAC and the ALSC reports. The "big guys" won't give us any money because we still allow people to speak their minds. This distraction must be eliminated so we can really get things done.

    So, like I said, without doing what we've been threatening (government takeover) we will implement government takeover.

    ---End of Translation -- Beginning of Commentary --

    The rest of the paper was taken up with every possible excuse besides "Blame Canada." Like a corrupt French Ice Skating Judge, the excuse changes with the target of the minute. However, there have been absolutely hilarious charges made, specifically that ICANN had "too much process." Simultaneously, not enough process was claimed regarding governmental participation. While complaining about the complicated organizational structure, Stuart then goes on to say that ICANN needs to build "government-like institutional foundations." Correct me if I'm wrong, but aren't "government-like institutional foundations" the most fraught with Byzantine organizational structures, even greater than what ICANN is right now?

    Sims, I mean Stuart Lynn goes on to say that if the people he's appointed can't find a consensus, none exists. Interesting to say while completely disregarding all previous consensus points that HAD been agreed upon prior even to the creation of ICANN. However, that notwithstanding, the at-large must be squashed so that they can focus on the "real work" that can likely only take place in secret without those pesky users and squabbling public policy types.

    Astoundingly enough, Lynn "believes strongly in ICANN's core values of openness and participation" after just saying that the At Large must be crushed. Then he attacks that highly annoying reconsideration process as yet another distraction. The requests were "frivolous," the Review Panel adds to the "waste."

    Lynn complains loudly about those horrible ccTLDs not wishing to pay the "appropriate share of the burden." The ccTLDs are likely the ONLY entities who truly understand that ICANN is irrelevant to their business models or their technical needs. Their example is one that should be followed. It is astounding that Lynn can be so blatantly blind to perhaps the truest reason for ICANN's financial shortfalls - namely bills from Jones Day. A close second is the cost of the ICANN world tours, at insanely expensive venues whose lack of facilities are then blamed as good reasons for further eliminating participation even via webcasts. Closely third are the expenses for Andrew McL to jet to foreign countries as ICANN spokesmodel. All travel, of course, is business class, all hotels five star, all meals highly expensive, etc,. It is obscenely ludicrous that they would then complain that the At Large is just too expensive.

    Another quite interesting claim is that that pesky US Government and those pesky Americans will interfere with "long-term global stability." How ironic. Taiwan didn't decide to run their own root because of US Government participation. They did so because they did not wish to deal with ICANN's nonsensical regulations and rantings. The ccTLDs are not refusing to "play ball" with ICANN because of US Government participation, but instead because of ICANN's policies and desires for huge amounts of funding to pay Jones Day and ICANN's travel agents.

    But again, the most ridiculous and laughable claim for the necessity of ICANN's "restructuring" to eliminate all of those pesky people and ideas is once again the boogieman of "alternate roots" and collapse of "essential infrastructure" with a weak ICANN. The very thought that non-technical bureaucrats are protecting the infrastructure of the Internet made me laugh so loudly that my dog became alarmed. The only technically inclined individuals who have even the semblance of a clue within ICANN are Karl Auerbach and Andrew Mueller-Maguhn (both ironically elected from that pesky At Large) and Vint Cerf who is wholly owned and operated by ISOC and Worldcom. Their new technical employee, Kent Crispin is the architect of the fatally flawed interface to the voting structure that is now blamed for improper results. Yet another fairy tale ending.

    So to fix the part that is not broken and break the part that needs fixing, that government intervention we were all threatened with is now supposed to save the day. For only governments can really decide best who should be on the ICANN board. Amazing that it only took three years to figure this all out. And don't forget....never forget....that this is all (including the directive from Stuart Lynn) "bottom up" consensus (oh, except of course we must always remember that Jon Postel's process creation was not open or transparent... But that's not important right now except to justify ICANN's newly found closed, I mean open, opaque, I mean transparent method of springing ideas fully formed on all but the initiated and special (and definitely not pesky) Board members like some sort of Athena on acid.

    As I paraphrase Tony Rutkowski, let's pull the life support, kiss them on the forehead, and watch ICANN expire with appropriate DNR orders. After all, anything else might be too "pesky."