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December 19, 2011

Charlie Stross: SOPA is about stopping the coming insurrection

Fascinating. Comments get pretty heated. Seasonal flame bait - Charlie's Diary
1. The USA is already a functional oligarchy. (Or, more accurately, a plutarchy.) It has been functioning as such for some time — since 1992 at the latest, although the roots of this system go back to before the Declaration of Independence — it's a recurrent failure mode. Historically such periods last for a few years then go into reverse. However, this time the trend has been running since 1980 or even earlier. What we're now seeing are the effects of mismanagement by the second generation of oligarchs in power; the self-entitled who were born to it and assume it to be the natural order of things. 2. It's impossible to be elected to high office without so much money that anyone in high office is, by definition, part of the 0.1%; even if they're an outsider to start with, they will be co-opted by the system (or neutralized — usually before they are elected). 3. Public austerity is a great cover for the expropriation of wealth by the rich (by using their accumulated capital to go on acquisition sprees for assets being sold off for cents on the dollar by the near-bankrupt state). But public austerity is a huge brake on economic growth because it undermines demand by impoverishing consumers. Consequently, we're in for another long depression. (The outcome of this new long depression will be the same as that of the first one: the main industrial power — then it was the UK; now it's the USA — will lose a lot of its remaining economic lead over its competitors and be severely weakened.) 4. Starving poor people with guns and nothing to lose scare the rich; their presence in large numbers is one major component of a pre-revolutionary situation. . . . 8. So I infer that the purpose of SOPA is to close the loop, and allow the oligarchy to shut down hostile coordinating sites as and when the anticipated revolution kicks off. Piracy/copyright is a distraction -- those folks pointing to similarities to Iranian/Chinese net censorship regimes are correct, but they're not focussing on the real implication (which is a ham-fisted desire to be able to shut down large chunks of the internet at will, if and when it becomes expedient to do so).

December 16, 2011

Get Your Censor On!

Look SOPA--the Stop Online Piracy Act--is such an awful piece of legislation that it has brought David Rees out of retirement. Call your Congressman today. Seriously. Life will suck if they censor the internet

December 09, 2011

Feds Falsely Censor Popular Blog For Over A Year, Deny All Due Process, Hide All Details

A hip-hop music blog that was promoting tracks given to it by the copyright owner of the music--the label--was seized as being a pirate music site in 2010. It was held without due process or recourse and then a year later the Feds give it back without a word. Isn't that illegal seizure? Like the Fourth Amendment is supposed to protect against? Breaking News: Feds Falsely Censor Popular Blog For Over A Year, Deny All Due Process, Hide All Details... | Techdirt
Imagine if the US government, with no notice or warning, raided a small but popular magazine's offices over a Thanksgiving weekend, seized the company's printing presses, and told the world that the magazine was a criminal enterprise with a giant banner on their building. Then imagine that it never arrested anyone, never let a trial happen, and filed everything about the case under seal, not even letting the magazine's lawyers talk to the judge presiding over the case. And it continued to deny any due process at all for over a year, before finally just handing everything back to the magazine and pretending nothing happened. I expect most people would be outraged. I expect that nearly all of you would say that's a classic case of prior restraint, a massive First Amendment violation, and exactly the kind of thing that does not, or should not, happen in the United States. But, in a story that's been in the making for over a year, and which we're exposing to the public for the first time now, this is exactly the scenario that has played out over the past year -- with the only difference being that, rather than "a printing press" and a "magazine," the story involved "a domain" and a "blog." There are so many things about this story that are crazy, it's difficult to know where to start, so let's give the most important point first: The US government has effectively admitted that it totally screwed up and falsely seized & censored a non-infringing domain of a popular blog, having falsely claimed that it was taking part in criminal copyright infringement. Then, after trying to hide behind a totally secretive court process with absolutely no due process whatsoever (in fact, not even serving papers on the lawyer for the site or providing timely notifications -- or providing any documents at all), for over a year, the government has finally realized it couldn't hide any more and has given up, and returned the domain name to its original owner. If you ever wanted to understand why ICE's domain seizures violate the law -- and why SOPA and PROTECT IP are almost certainly unconstitutional -- look no further than what happened in this case. . . .