Implications Of The International Cybercrime Treaty 114
Saber Taylor writes: "Lots of good .signature material in this analysis: 'The treaty imposes criminal liability on businesses if they fail to supervise users who
commit potentially illegal acts.', 'If you cable together two computers, you could be forced to comply with investigations that originated in Sofia or Riga.', etc." Maybe this is what's meant by "entangling alliances." Worth reading, wherever you fall on the paranoia scale.
They won't be happy..... (Score:1)
No Cookie for you! (Score:1)
If coprs could detect (C) thought they'd outlaw it (Score:1)
This shit has to stop now. What we need congress to do is create a Copyright Bill of Rights, to spell out exactly what copying (and tools to accomplish that) cannot be outlawed and preempt all software licenses. Kinda like how the Betamax case explicitly allowed timeshifting, but extended to other forms of copying.
Re:Yay more frivolous lawsuits... (Score:1)
Actually, they did. It's called the Second Amendment.
Re:Unenforceable (Score:1)
Tremble, weep, gnash your teeth, folks, we now have a police state. Hitler won, after all. Our masters are just careful to break out the jackboots only when it looks like they'll rack up brownie points for it.
I expect this will come to bloodshed, insurrection, and, yea, even terrorism, at some point in the near future. That's what the Feds want, so they'll have an excuse not to have to take such pains to disguise the obvious from the sheep, and they'll recruit people to do it if they have to. Can you say Marinus Van der Lubbe? Timothy McViegh?
I am ashamed to be a citizen of this country right now. To think this is happening in the land that Paine, Washington, Jefferson, Franklin, et al. founded. It's an outrage that this treaty is even being considered.
I don't want to have to hide behind cyrpto or pseudonyms just to fucking speak!
Fuck you, Louis Freeh. Fuck you Janet Reno. Fuck you John Ashcroft. Fuck you, whining, spoiled fellow citizens trading away your rights to fucking legislatures for an illusory security, and letting the courts walk all over what's left of them. I'd say fuck you W., but the president doesn't even count for anything anymore.
Fuck all you bastards. Excuse me while I go fucking puke.
Rogue Bolo
Re:Bollocks (Score:1)
The "real world" is too big to effectively police, or hadn't you noticed that despite enormous expenditures of money and manpower, and assistance from the military, the United States has been unable to stem the flow of illegal drugs and firearms into the country?
The UK is a much, much smaller population, but its armed forces could not stop the estimated 200 members of the IRA from accomplishing repeated terrorist attacks on civilian and military targets, nor can they stem the flow of illegal firearms into the country since their disasterous Firearms Act of 1997.
Even occupying armies cannot stop the people of invaded countries from breaking the laws imposed upon them, if the people have the will. Look at Afghanistan, which was occupied by the Soviet army for a decade, and yet found ways to construct and use firearms against them.
I broke the speed limit on my way to work this morning. I also did it yesterday, and the day before that. I've been breaking the speed limit for almost twenty years now, and I've been pulled over and ticketted exactly twice in that time. Oh yeah, real effective enforcement of the law there.
The police cannot enforce even simple traffic laws. They don't have a chance in hell of enforcing internet regulations!
-- Guges --
And guess who's backing it... (Score:3)
Bill - aka taniwha
--
Re:at the risk of starting a war... (Score:2)
Don't drive in Europe? Still have to register.
As a non-US resident... (Score:1)
We Canajuns don't have a DMCA or equivalent (yet) and our courts seem to be labouring to maintain sanity in things like child porn laws. There's even a whiff (but *just* a whiff) of enlightenment in our drug laws.
The scariest thing for me, reading that article, was not what might come from Uzbekistan or Latvia, but the thought of a bunch of Mounties showing up with a warrant from the FBI to seize my computers 'cause I linked to the DeCSS gallery or sent some anime to a friend south of the border. Or to seize my house 'cause I ordered some mushroom spores (legal here) from south of the border.
I used to scoff at libertarians who claimed that the UN was becoming the World Government that would take away their freedom. Now I see my nation's sovreignty threatened a little at a time (through trade agreements etc.) and I fear instead that it'll slowly become impossible to govern any country the way the people want - we'll be too wrapped up in international agreements that are too disruptive to change or cancel.
Dammit, how am I going to sleep tonight?
So you want to treat net providers like thugs? (Score:1)
But that's pretty much what you're suggesting.
Them: "Hey pal, you didn't release that code fast enough for us - you get fined."
Us: "But I've been working 16 hr days as it is... it's not done yet..."
Them: "Oh, missed our deadline? Prove you weren't dragging your feet or we send you to jail."
How are you going to prove you couldn't have worked any harder or smarter to fit some bureaucrats' deadline? If we have to pass a government audit everytime we release an app or make a change to a webserver config then I'm going back to making cheesesteaks.
If you don't like MS, then don't use them. If you use a service, check up to see they do things the way you like. But don't encourage some Congress-critter to get up my butt because *somebody* in the world may be able to crack my system. Why not just fine everybody who gets robbed for having an attractive nuisance?
Cop: "Hey, you had unprotected windows. Any 'rock kiddie' could break them. You expect us to find them? Not until you cover every entrance with a bomb-proof steel door and put bars on all your windows."
Would your house pass the test?
at the risk of starting a war... (Score:1)
I think you can experience that pretty much everywhere in Europe.
Re:And guess who's backing it... (Score:2)
Re:Needs cookies (Score:2)
Needs cookies (Score:4)
Bad law made possible by stupid people (Score:5)
Hopefully AT&T, AOL, and the other big players who would be negatively effected will be able to effectively lobby against this. However, don't count on it. The supporters have just as much cash, and the people aren't going to voice their oppinion one way or another.
An interesting aside - what will we do when McCain/Feingold makes it illegal for AT&T to lobby to stop this kind of abuse?! Are we going to suddenly develop a civilly active, well educated populace that researches pending legislation and calls the appropriate representatives? Somehow I doubt it. I bet we get lots of this crap shoved down our throats once we make it illegal for interested parties to lobby.
Living in a free country was nice. I wonder where I can move to so that I might experience it again?
Great (Score:2)
Re:Better alternatives exist (Score:1)
offensive spelling, you're my hero! One might say you're a spelling vigilante, even :)
Great... (Score:2)
Jethro
Re:Unenforceable (Score:2)
Say, you're in the US and piss off somebody in the US. You also use PGP. So, the evil powers make a phone call to, say, French (where encryption is illegal) to cook up a warrant for your "alleged" use of it on the French territory (Oops, Your Honor, it just got routed that way!). The next thing you know, feds are not only rummaging through your dirty laundry, they're also threatening to extradite you to France.
Re:Constitutionality - look again (Score:2)
Re:Treating net users like thugs (Score:2)
a) NT has a history of breaking under large SP's
b) we have to REBOOT everytime there is a patch.
Re:at the risk of starting a war... (Score:1)
Re:at the risk of starting a war... (Score:1)
I'm asking seriously. I am TIRED of people not caring about the Government's abrogation of their rights. Is Tibet any better? Maybe I can move there...
Oh, no, that's China now. My bad.
2 year colleges do have them! (Score:2)
Well balanced article (Score:3)
Here's one bit that both terrifies me and makes me mad: Also, the report cites supporters, MPAA and RIAA because they're trying to use INTERNATIONAL LAW to force the US to make copying their material a criminal, not civil offense. Cool shit.
Be afraid.
Re:Other countries should be worried about US... (Score:1)
You drunken bastard.
Re:Treating net users like thugs (Score:1)
They're watching me... (Score:2)
Re:Bad law made possible by stupid people (Score:1)
>lobby to stop this kind of abuse?! [...] I bet we get lots of this crap shoved down our throats
>once we make it illegal for interested parties to lobby.
So... You think the number of situations in which Big Business lobbies for something that helps Joe Average Citizen exceeds the number of situations in which Big Business lobbies for something that royally screws over Joe Average Citizen?
Really?
Re:Needs cookies (Score:2)
Of course this means I just circumvented an access control device in violation of the DMCA, and am now compounding my crime by describing how I did it...
Re:Bad law made possible by stupid people (Score:2)
From what I've seen the point of McCain/Feingold is to ensure that incumbents never have to fight well-funded opponents or deal with negative publicity. With regards to this topic, McCain/Feingold would in fact prevent AT&T from running announcements close to an election saying "we support candidate Foo because he opposes this treaty which Senator Bar is in favor of". What's worse is that it would prevent nonprofit groups from doing the same thing. McCain/Feingold is a blatant assault on the 1st Amendment, which is not surprising since its sponsors are authoritarians on the right and left respectively.
Treaties/US Law (Score:1)
IANAL, but AFAIK Int'l treaties signed by the US are not valid if they conflict with US law. So unless this is passed as a US Federal law you onl yneed worry about parts that have US counterparts.
If Int'l treaties did apply there'd be more lawsuits trying to get UN Charter on Human Rights enforced.
It's called the Constitutional Convention (Score:1)
However, since there has only been one "Con Con" it is doubtful such a thing would be done. Since there is no laws on how such a thing would be carried out (indeed some people claim all laws would be suspended) there's no guarantee that you wouldn't end up in a country where the RIAA and MPAA aren;t the government.
There's a related movement called the Fully Informed Jury Association that argues that jury trials are to be used to not only determine guilt or innocene of the accused but whether the law under which the defendent is being tried is worth enforcing at all. If such a thing were possible you could bet things would indeed be very different.
For more info on FIJA see: http://www.juryduty.org.
Re:The problem here is corporate interests (Score:1)
> among most civilised nations.)
Have you ever actually read it? Obviously not! There are so many loopholes and exceptions that even the most oppressive government such as China is in complience.
Re:The problem here is corporate interests (Score:1)
Most of the articles of the "International Covenant on Civil and Political Rights" have this loophole:
Which basically means the government in question can pass any law they want and say is is to preserve public order or for national security. The devil is in the detail. The U.S. Constitution says you have freedom of speech. It doesn't say freedom of speech except when .... This means the government has to be very careful when they try to surpress that right. Every now and then the government oversteps the boundaries and the courts slap them down. With the U.N. Covenant, it's far too easy for a government to take advantage of the loopholes.
What it boils down to is the covenant only guarantees you the rights unless your government says you don't have those right. I'm glad the U.S. refuses to exchange our slightly flawed Constitution for an empty promise. I have the freedom to criticize my government (and do every chance I get). In China, if you criticize the government, they will arrest you using the national security loophole or they'll just run your sorry ass over with a tank.
Re:The problem here is corporate interests (Score:1)
And where else would the money come from? (Score:2)
-Ted
The only way around it... (Score:2)
Hey, that makes me think, let's have a meatspace napster. It'll be a huge party in the town square where we all go and see if anyone is singing the songs we like :)
Re:Yay more frivolous lawsuits... (Score:1)
Sadly, the people are always clamouring for more laws, and the politicians appease them.
Then FDR came along and created all the alphaphet-soup agencies who can create new laws (err, regulations) without Congressional input (he might as well have shredded the Constitution on the White House steps), and then, well, you were pretty much screwed.
Now corporations can just out and out buy laws with generous campaign donations, which just accelerates the natural decay of the system.
All these factors together have made the US a country that the framers wouldn't recognize if you dropped them into it. If you had told them that in less than 200 years the Federal Government would have made war on a third of the States in order to increase it's power, that governments consume an enormous percentage of the GDP that they collect through hundreds of taxes, they wouldn't have bothered doing what they did. Hell, they thought they were building a nation of Liberty that would at least last longer than Athens.
Re:Bad law made possible by stupid people (Score:1)
It beats the "It's for the children" or "Oh my god Nazis" attitude.
As for criminalizing lobby groups...
The 13th Amendment did just that. But it was lost. And then it was found.
It would change everything. But people have to act.
Support OpenNic (Score:1)
Arbitration is the job of the FDA, BAR, and all sort of professional practice licensing agencies.
ICANN has no qualifications in any of those fields.
Get these thieves out.
Support space travel and... (Score:1)
Re:Yay more frivolous lawsuits... (Score:1)
Re:Bad law made possible by stupid people (Score:1)
CorpAmerika runs the world, and they won't EVER let this stand. Don't need an 'informed populace' when you live in a litigious society. There's not a General Counsel in the world who would advise their Board or Stockholders to buy/improve their computer systems if this were allowed to pass or be ratified in the US. If it was law you'd probably see them pushing for a return to abaci.
Besides, who'll enforce it? Who's clueful enough given the laughable exploits of those Keystone Kops in the NIPC and its ilk overseas?
As to your
Re:prior investigation into this... (Score:1)
Same article was Slashdot story a few weeks ago (Score:2)
Reading the Fine Print on the Cybercrime Treaty [slashdot.org]
The problem here is corporate interests (Score:1)
I particularly love this quote: "the United States alone 'couldn't stand downhill in front of the snowball and expect to stop it'". This is truly absurd. Treaties only have force in a country to the extent that the relevant nation is willing to sign them, so the analogy is wholly specious. The US can decide, entirely on its own whether these kinds of treaties will apply to US citizens. And the US has a strong history of simply refusing to sign or ratify such treaties, even on the most fundamental issues of human rights, such as the International Covenant on Civil and Political Rights, which the US has still yet to ratify.
(For those who aren't familiar with the ICCPR, it's the international treaty that accords such basic rights as the right to life, freedom from torture, freedom from slavery, freedom of thought and conscience etc. It's not a document of much controversy among most civilised nations.)
In any case, the idea of asking whether a country which is the architect of something could stop it is beautifully orwellian in and of itself. Did anyone else notice that?
Treating net users like thugs (Score:5)
Maybe they should concentrate more on forcing companies who provide servers and services to make sure things are secure. How about forcing MS to put out security patches for NT/2000/IIS as soon as they find out there is a problem. Then making sure that these patches are readily available. How about making sure companies like verisign don't hand out certificates to anyone claiming to be MS.
I mean, really, we don't live in singapore. We don't need to be flogged everytime something bad happens. It should be the governments role to make sure companies make secure products, not to turn the internet into a police state.
Re:at the risk of starting a war... (Score:1)
Foreign Laws (Score:1)
For example, Islamic countries could declare both Christian and homosexual websites obscene, and force websites in the United States down because of this treaty. In effect, by signing this treaty, the U.S. will cede legislative control to each and every small country that signs it.
Re:Unenforceable (Score:3)
I think you misunderstand the danger. This could potentially have the effect of (companies with net access, ISPs, portals) in the US being held partly liable for actions of their users that are considered crimes outside the US.
Re:Yay more frivolous lawsuits... (Score:1)
That's exactly what's happening I wonder what's going to be the point when the system collapses.
This is Good!!! (Score:1)
Re:Bad law made possible by stupid people (Score:1)
Re: (Score:2)
Re:Yay more frivolous lawsuits... (Score:2)
With all the pure BULLSHIT that has infected our lives, I really wish there were a "reboot" button on society. This is what the Founding Fathers were able to do. They drafted a brilliant foundation for a successful country, but they didn't put any stop measure in to keep it from becoming infinitely beauracratic and corrupt.
Thanks, we did our best. We added checks and balances to avoid direct abuses of power. We reserved all rights to the states in areas not spelled out. We even provided a list of rights that apply to all men. Based on what I've seen in the last two hundred years, I think we would have added a few clauses devoted to personal privacy, taxation, and corporations. Still, even the stuff we spelled out clearly somehow got messed up, e.g.:
These are meant to be simple, absolute, minimal rules. Why are you "reinterpreting" them?
Corporations "re-engineer" themselves all the time. Wipe the slate clean, terminate all policies (laws), everything.. Then assemble a team of top notch leaders and visionaries and recreate everything from scratch.
Don't go there, citizen! Almost every "re-engineering" attempt leads to more short-sighted rules, not less. What percentage of companies successfully "re-engineered" themselves? Our country's strength is that we did not re-engineer our country during World War II, the McCarthy era, Vietnam, the Cold War, the Napster war, or anything else.
I'll go back to my coffin now... thanks for your time.
Re:Bad law made possible by stupid people (Score:2)
McCain-Feingold won't last 5 minutes in the Supreme Court. I don't think I've ever heard of the court handing down sentences in a case like this, but if they did, here is my suggestion:
Set up blackboards in the rotunda of the Capitol. Have every legislator that voted for it write "I will not vote for obviously unconstitutional bills" 1000 times on the blackboard while the tourists mock them.
This is patently absurd (Score:2)
The internet is the medium in question in this article; So what? This is about cultural and social issues, folks.
In the United States, there is a reason states are allowed to pass their own laws. Even within the SAME COUNTRY there are regionalized pockets of persons with differing opinions from the "national average." Nevermind the entire WORLD, with it's dozens (hundreds) of vastly different cultures.
The German government has a throbbing exposed nerve concerning neonazi or nazi era material or propaganda on the internet due their unique obvious historical perspective. Does this mean that a college student in Oregon should be denied the opportunity to study the rise of the Third Reich? If a [flaming idiot] white supremacist in Florida wishes to publish a neo-nazi website on a local ISP who agrees to host the material, doesn't the FIRST AMENDMENT of the UNITED STATES guarantee his or her RIGHT to publish this material? Are we missing something here?!
Had I been born in a different corner of the world, I'd probably (if I had net access) be composing this while sporting a stylish 2 foot long PENIS SHEATH with my buttcheeks flapping in the wind as I strode off. In my society this would be no more unusual than wearing DOCKERS. Does this mean my smiling picture on my homepage should set off your NET NANNY? Would it be PORNOGRAPHY in YOUR COUNTRY?
Once again, nearsighted politicians have ignored common sense. Even given the broad diversity of culture, within the Human Experience there is a framework for agreeing on what is generally 'right or wrong'. Someone r00t1ng your webserver and defacing it is most likely ALREADY illegal in the G-8 nations. This legislation would appear to open an entire CRATE of ethnic/religious/political/cultural worms that NOONE will be satisfied with.
Let the Germans shut down nazi/neo-nazi sites in their own country or prosecute persons owning this material in GERMANY.
Let the Americans prosecute persons posessing child pornography. If the content is legal in the country of origin, who are we to go storming after their ISP's?
For god's sake, someone dig up Ben Franklin and clone him; We need more humanists in the world.
How about the individual (Score:1)
DanH
Cav Pilot's Reference Page [cavalrypilot.com]
Constitutionality relevant? (Re:Unenforceable) (Score:2)
so long constitution (Score:1)
Better alternatives exist (Score:5)
While this is of course fraught with all the problems of vigilanteism, until a treaty allowing the RIAA to kick down doors in Uzbekistan is approved, it seems to be the most practial approach for effectively "getting some justice done."
John
Well it's decided (Score:2)
the consesnus here seems to be that this "law" runs from the ridiculous to the unconstitutional. Well, now that we are decided, what are we going to do about it?
The Global Government (which either doesn't care or is too dumb ot realize that all of their meetings for the past 18 months have been massivly disrupted) is set to have yet another meeting soon. This one is in Quebec City, and if you are too far away to make it, I suggest you demonstrate in your local town (if you are lucky enough where such actions aren't liable to get you stuck in a basement with electrodes stuck to your testicles)
Crap! (Score:1)
Tell me what makes you so afraid
Of all those people you say you hate
Re:Treating net users like thugs (Score:2)
You could also follow the NT Bugtraq and Win2K BugTraq lists. [ntsecurity.net]
The thing is, most people are like you - they don't care to apply the patches. There are far more Windows NT and Windows 2000 machines on the internet, then there are Linux. There are good reasons too, but if I went into them, I'd be labeled a troll..
Other countries should be worried about US... (Score:2)
BSA's privace policy - Error: not found !!! (Score:1)
Cool! "legal" DOS Attacks! (Score:1)
Of course the U.S. could do the same.
This could wreak havoc with economies. In countries where the ISP/Telco is a branch of government, this drains the national coffers directly.
This opens up a new level of economic "warfare" somewhere in between diplomacy/trade wars and hot shooting wars.
Re:Laws like this... (Score:1)
Be a lot scarier if there were any chance in hell of it passign a constitutional challenge, but there's not. The Supreme Court will not uphold a treaty provision that surrenders US sovereignty.
Re:Unenforceable (Score:1)
IIRC, Treaties are allowed to break the Constitution. That's why the DOJ is trying to get this done outside the country, rather than from within.
Re:Constitutionality relevant? (Re:Unenforceable) (Score:1)
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Re:Oh Lovely (Score:2)
The nation that does that could find its population in a very curious undertow. Suddenly it will find that not just is its own population seething against the local governing authority, but much of the rest of the world - the most educated, wealthy and computer-literate rest of the world at that - is really bothered by them, and doing what it can to help bring the offending government down.
Perhaps what it comes down to is the old notion of culture hacking: we've got to get busy and truly undermine and subvert all large entities which stand against human (not to be confused with corporate and government) freedom. The currently fashionable notion that it's okay for people to be Muslim fundamentalists in their 'own' land - or Christian fundamentalists in the swamps of the American South - or Marxists in China - because gee whiz we've got to respect other cultures and beliefs....
Well, if we respect cultures and beliefs in this way we're going to get stifled at home; conversely, if we don't get stifled at home we're going to spread notions of freedom to Iran and China and the American South that will seriously shake up business as usual. So this is what's in play: either we get real busy figuring out how to help those on the ground in Iran and China and Texas pull their governments down, or we're gonna find ourselves sat on.
We're not talking digital entertainment here, we're talking one of the bigger puzzles going: how do you create societies which promote radical freedom in the psychology of their citizens? Can this even be hacked? Well, don't imagine for a minute that decades of research at the CIA and elsewhere have shown no progress in methods to hack cultures to move the other way. They hacked the Iranians to want to stupidly follow authority, for instance, and look what they got! Okay, this gives them pause, the technology isn't perfect yet.
But freedom should be easier, right? Isn't it simpler to break things down than to build them up, assinine authoritarian systems included? Probably not, but it's the only game we've got, and losing sucks.
The implications (Score:2)
This is a really bad idea, because it gives everyone sovereignity over everyone else. The Absurdity of it is mind boggling, and it is ripe for abuse.
1984 never looked so good. We got to start writing snail mail now folks.
While the idea of a world government could be made to work in some way, This is NOT the way to achieve it. It is a stupid as a way to achieve it as is possible. This keeps up, and I'll start praying for an asteroid.
Check out the Vinny the Vampire [eplugz.com] comic strip
Re:Unenforceable (Score:1)
have more chances to win now if offending traffic
has originated from your network and you don't
have any measures/time to trace such data, back
in time meaning logging of every fucking byte
that traverses your network to outside.
It is a blind sighted attemt to do something by
authorities who do not have any understanding of
of the internet(technology, communities, everything)
Think of it as a fat elephant trying to catch a
mouse. While it is is afraid of it, it has to
catch it, while it is really unable to do so,
because it has neither physical ablities nor cranial
functions to do that. So you get elephant that
jumps around as if it is own tail chasing, doing
whole lot of havoc around itself. Trying to calm
it would probably not work, using bare hands, so
all you can do is stand aside, whatch and be
amused. It is however not so amusing when elephant
is in small room jammed with entities, trying to do the same.(food for thought)
Re:Bollocks (Score:1)
By and large, "real world" law enforcement is effective, even if you want it not to be to support an argument about law enforcement on the Internet. Sure nobody cares much about the odd bit of speeding, but by and large it is really not easy to get away with serious crimes like rape and murder. The unabomber was caught, Timothy McVeigh was caught, most serial killers are caught (even if it takes some time). I don't know what the statistics are, but it really isn't that easy to get away with such crimes. I remember reading somewhere that there are something like over 30 common oversights made by murderers that police can look for when investigating a murder to find the murderer. Personally, how do you rate your chances of robbing a bank and getting away with it? How do you rate your chances of murdering someone and getting away with it? How do you rate your chances of breaking into someones house and stealing a whole bunch of stuff and getting away with it? How do you rate your chances of stealing a car and getting away with it? These are all fairly "common" crimes. Do you believe that you have anywhere near as good a chance of getting away with these as you have of getting away with speeding? If you *really* believe that the real world is too big to effectively police, I challenge you to commit one of each of the abovementioned crimes. Think you can get away with it? I doubt it.
Above and beyond that, my whole point was that it is far far easier to police the Internet than it is to police real life. So even if "real world" policing is "only" something like 30% effective, Internet policing can easily be 70% effective or more. Say what you like about anonymous remailers and anonymous ISP services; the fact is, it is damn near impossible to really do anything anonymously on the Internet. And this is *now*, when the technologies are all still "new" and "raw", and law enforcement agencies have only really begun to learn about them, install snooping devices etc (e.g. Carnivore). I don't know about the states, but I live in a developing country (South Africa), and even here it is essentially impossible to log on to the internet "anonymously" - none of the ISPs offer the ability to connect "anonymously" to begin with (the way AOL does in the states with the AOL cd's), you *have to* first sign a contract with your full banking details, credit card number etc. And even if you do use someone else's account, or you forge your details, its still easy enough for the police to find out where you dialled in from. Basically, you've got one fat chance in hell of getting away with breaking the law on the Net (e.g. posting child porn or whatever). Your best (and only) shot at anonymity is to be an experienced hacker, who can either dead-end the "paper-trail" (logs, wiping logs) or leave a long enough "paper-trail" to make it too difficult to get caught.
The police don't enforce simple traffic laws because its not a high enough priority and their resources are limited, yes. But the Internet is much cheaper and easier to monitor than the roads are. Once the capability of fully monitoring the internet is in place, it will be as easy to detect "petty crimes" as it will be to detect serious crimes.
Bollocks (Score:2)
Sorry, but I think thats crap. The internet is not too big to effectively police, not by a long shot. Firstly, the "population" on the Internet smaller than the population of Earth by a factor of about 50, and I don't see the "real world" as being too big to "effectively police". Secondly, the Internet is far far far easier to monitor. As opposed to real life, where the logistics and costs still make it very difficult to do, on the Internet you can monitor anything and everything that goes on, and for relatively cheap. Just look how cheaply and easily the FBI has gained the power to monitor virtually any Internet traffic in the USA. The vast majority of Internet traffic goes through the equipment of a very small number of telecomms companies and ISPs. Most internet activities are either already logged, or are very easy to log. The problem with logging requiring way too much data to store has quickly become a non-issue thanks to cheap data storage (really, if dejanews can archive the entire usenet (apart from binaries), do you *really* think the FBI and other authorities can't? Get real. And it's only getting cheaper and easier to do it. The techically illiterate public might see the Internet as some huge, mysterious place, but technical people should know better.
The argument that law enforcement officials are not clueful enough to track "cybercriminal" probably has some truth in it, but it's incredibly shortsighted and naive to just brush off the authorities completely as being too ignorant to be useful. This is a double-edged sword. Firstly, there are many clued up law enforcement officials, and there will only be more and more in future. Secondly, law enforcement officials who are clueless, of which there are many of these too, are also incredibly dangerous to have policing the online world - do you want somebody who doesn't even know what "source code" is prosecuting you for some cybercrime that you did not commit?
Jurisdiction is "often" a problem? Well if you're falsely accused of something you did not do, or if you're being prosecuted but it's effectively a violation of your human rights, you better "just hope" that jurisdiction "just happens" to be a problem wherever you are. Sounds like a crapshoot to me. Why not just not have stupid laws and treaties to begin with?
Really, to just casually brush off dangerous treaty's and laws by making a few broad statements about the Internet (with no evidence, arguments or proof to back them up, as well as no attempts whatsoever to try to see what technology will be like in the next ten or twenty years) is incredibly dangerous, shortsighted and naive. The fact that these claims come from a law "professor" might fool some people into thinking the arguments carry a lot of weight, but hopefully not enough people to be duped. I know it isn't really the 'american way' for the sheeple, but try to think for yourselves rather than letting some appointed "expert" on TV do all the thinking for the majority of the population.
Laws like this... (Score:2)
If the most oppressive member of the international Council of Europe may prosecute citizens of member countries, then the rights enjoyed by those citizens are non-existant when using the Internet. Now, instead of France suing eBay for selling Nazi memorabilia, they can extradite the American citizen posting it as well.
Very scary!
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The whole point of the internet is different ideas (Score:1)
If it's the children we're worried about then create a
But when you start policing the internet as a whole, that is wrong.
An example: One country doesn't like what is being said about it --> for whatever reasons be it political, or just joking.... The server is held in another country where there is no law against this.... Now what? Should the second country take the site down so their neighbors don't have hard feelings? If so, where do we stop?!
The web is being cencored and in the worst way!
Are people that afraid of different ideas?
Linuxrunner
Re:Constitutionality (Score:1)
Re:Unenforceable (Score:1)
Oh Lovely (Score:4)
So let's all just let the most uptight, law-beridden nation in Europe dictate law enforcement in any of the other member countries. There are no checks on this that I can see; this is completely based on trusting the other nations to have sane laws. What if an islamic member nation makes it a crime, a legal crime, for women to not wear their veils etc, and then tried to enforce their weirdo ideas in *other countries*? That wouldn't be appropriate, and thank god it's not happening yet; so why is it appropriate to do the same sort of thing vis. computers and the internet? I'm sorry to inform you, but I am a United States Citizen, Mr. German Prosecutor, and under my freedoms of speech is included the freedom to spout Nazi hate if I so choose.
You know what, you can take your fucking terrorism warrant and shove it. U.S. Prosecutors already have enough on their plates dealing with the criminals we have HERE, breaking OUR laws. The last thing our courts need is a wave of "criminals" whose only f-ing crime is that they broke a law which they were never advised of, which is only a law in a country they've never heard of, under the terms of a treaty they were also never advised of!! Talk about being arrested out of the blue!
What's even worse is that the american public is not even being TOLD. At ALL. Now I understand that our nation has so many laws that only lawyers, those who have dedicated their lives to the law, can hope to understand the vast, bloated beast it has become. However, I don't believe in making laws and never explaining them to the populace before enforcing them. This isn't like a bill in congress, where the representatives who made it can be voted out afterwards, and the bill struck down by the Supreme Court. This is a binding treaty with another group of nations, and it will be much harder for the american people to get out of it.
This entire thing just sickens me. It really does.
-Kasreyn
Re:Unenforceable (Score:1)
Unenforceable (Score:3)
Re:Treating net users like thugs (Score:1)
Re:Bad law made possible by stupid people (Score:1)
McCain/Feingold is a great idea that's about 25 years overdue, but it's going to get hammered in the courts.
Re:Bad law made possible by stupid people (Score:1)
People DO want these kinds of laws. The Justice Department, the military, select big corporations
Re:Bad law made possible by stupid people (Score:1)
Why are they making stupid lawas that no-one wants then?
Re:Unenforceable (Score:1)
I am not sure if you just used France as an example but, to the dissapointment of Reno and US chums, hard crypto has been recently legalized in France.
Am I wrong? (Score:2)
Re:Constitutionality - look again (Score:1)
$man microsoft
Constitutionality (Score:2)
$man microsoft
prior investigation into this... (Score:1)
Re:Unenforceable - yet... (Score:2)
As another poster correctly pointed out, the DMCA is an implementation of a treaty. Treaties are the "Supreme Law of the Land" and whether that means "with" the Constitution or "secondary to" the Constitution is not entirely clear to me.
Treaties are inherently dangerous in that they provide a "workaround" for our government to pass legislation with the authority of the constitution without having to amend the constitution.
Collectively, all of these treaties being negotiated year after year scare the Shite out of me. People don't stop to consider how much weight they carry nor what effect they will have 50 years from now. "If it doen't work, than later we'll change it." does not work with treaties. They last forever.
Possiblity (Score:1)
Re:at the risk of starting a war... (Score:1)
Re:Oh Lovely (Score:1)
Rights in a New World Order. (Score:1)
Very saddening indeed, but true. Considering this involves the whole world, there will be no recourse. If this international governing body decides to take away freedom of speech, no matter where you run, that freedom is gone. If the law says you have no rights, run where you may, you have no rights. If it does away with personal privacy, consider that history. If it says "All your income are belong to us", well,
Fundamentally, this would be nothing new. Throughout history, the God-given rights of humans have been violated. Just ask the Jews in Germany, or the blacks in the United States. The only thing that will be new - and the very thing that makes this of utmost importance - is that it would be on a scale more grand and more pervassive than ever; that it will cover all humans, all territories.
In light of this very sobering point, we must fight for our basic and essential rights and freedoms. In failing to do so, we only place both ourselves and future generations at risk and do a disservice of magnanimous proportions to all humanity. I have a strong feeling that there will be an international governing body (not just the US-run UN, but one that monitors the everyday activities of netizens) someday. When that happens, we must ensure that the basic and fundamental rights and dignity of every human being are respected and protected.
Do not be complacent, and do not be fooled into thinking otherwise. We are in a war, and the entire future of humanity rests on the outcome.
Re:Unenforceable (Score:1)
Secondly, even if it is unenforceable, who can tell them that it must not be done, for that matter, if there is no system of checks and balances in place, and they are the law makers, law enforcers, and only law in town (actually, the world.)
However, I'm not so sure it's unenforceable. They don't have to look at absolutely everything (afterall, cops don't have to catch every single speed demon to give be able to give you a ticket), but when they find something they don't like, they can come after you. They may not know whence it originated, but - and here's the catch - they have made it the responsibility of the company to know who and what is on their networks. When an issue arises, they go after the company, who then gives them your name. Nothing new. Even federal taxes, which at first may seem unenforceable, work similarly. Don't check them yourself. Have them rat on each other.
Yay more frivolous lawsuits... (Score:2)
Corporations "re-engineer" themselves all the time. Wipe the slate clean, terminate all policies (laws), everything.. Then assemble a team of top notch leaders and visionaries and recreate everything from scratch.
If the private sector can do it, why not the public?
(sigh) if only there were another "new world" that we could colonize and invent a new government for. No, I will not move to Mars. That planet looks horribly and unbearably BORING.
The Golden Rule (Score:3)
United States interests want another way to enforce copyrights abroad. This treaty is just another tool to exercise power outside of U.S. borders in order to keep the money flowing into the correct pockets. That stuff about Germans serving warrants on U.S. citizens talking to neo-Nazis is pure fantasy.
Just follow the money:
After the United States and other nations signed and ratified the WIPO treaty, Congress crafted the Digital Millennium Copyright Act as implementing legislation. Congress did not seriously debate the most controversial aspects in part because of the perceived need to implement the treaty. One of those made it unlawful to tamper with anti-copying devices and software.
Oh look, it's the DMCA.
Invisible Agent