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Censorship The Internet Editorial

The Empires Strike Back 446

Alien54 writes "Back when the Internet was young - oh, say, eight years ago - there was a school of thought that held that cyberspace was its own sovereign nation. For one thing, 'The Net perceives censorship as damage, and routes around it.' What government could control what was said on the Net? [...] Maybe it's time to change that into, 'Governments perceive the Internet as damage, and gang up on it.' So says Net War columnist Wendy Grossman in an article discussing the recent raids on Indymedia. She makes an interesting case."
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The Empires Strike Back

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  • First post? (Score:4, Insightful)

    by Wandering Wombat ( 531833 ) <mightyjalapeno&gmail,com> on Friday October 15, 2004 @01:42PM (#10538100) Homepage Journal
    How the heck did that happen? But on an on-topic vein, cyberspace is the only place that is even remotely truly free anymore. Governments, who exist to 'secure our freedom' seem to want to limit the freedoms that they don't directly control. Someone should bust them up for forming monopolies.
    • Re:First post? (Score:5, Insightful)

      by lukewarmfusion ( 726141 ) on Friday October 15, 2004 @02:07PM (#10538447) Homepage Journal
      As with any organization, nobody wants to take the blame for bad things that happen. When something bad happens to you, you wonder what could have been done to prevent it. In the case of wars, terrorism, privacy invasions, etc. people look to their governments for protection. It's called "security." In order to increase your security, you will be giving up some of your freedoms. As unfortunate as that is, people really do want it.

      The problem arises when people like you and I don't agree with the lengths to which the government(s) go to secure us. Personally, I put a premium on my freedom so I perceive the government as taking away too much of it. Others don't see a problem with this situation because they value security a little more than I do (or freedom a little less).

      "Free" governments rarely act against the wishes of the people as a whole. When the vast majority wants something, the appointed representatives are likely to listen (it's in their best interest). Unfortunately for you and me, Slashdot doesn't constitute a majority (yet).
      • Re:First post? (Score:5, Insightful)

        by sakti ( 16411 ) on Friday October 15, 2004 @03:27PM (#10539373) Homepage

        In order to increase your security, you will be giving up some of your freedoms.

        This is patently false. There is no correlation between security and liberty. I suggest you check out Bruce Schneier's book Beyond Fear [schneier.com] for a start on re-educating yourself on this issue. You've fallen for the propoganda.

        Besides, those that are taking the freedoms don't really care that much about security. Just look at airport security. Its all show and no substance. There are methods for airport security that work (those used by Isreal for example), but they decided not to go with those. Instead they decided to expand government and harass its citizens in a nice dog and pony show that will do nothing to stop another 9/11 type incident.

        • Re:First post? (Score:5, Insightful)

          by lukewarmfusion ( 726141 ) on Friday October 15, 2004 @03:35PM (#10539475) Homepage Journal
          Compare this to a computer system, then. The more security protocols you put in place, the harder it is for users to access it. The convenience goes out the door. If it's easy for your users to get in, it's going to be easier for unauthorized users to get in.

          Another metaphor: Your house can be secured with locks and bars and key codes and so on... but it's going to take longer for you to get inside. It's more likely that you'll trip your own alarms by accident. You'll probably forget your keys and be locked out one day. But it's also harder for an intruder to sneak in. Not impossible, but it's harder. It also makes it less likely that they'll even try to break into your house.

          I'm curious as to why you don't agree with the notion that security and liberty are related.
          • Re:First post? (Score:3, Interesting)

            by Retric ( 704075 )
            Let's say you have a bank vault for a front door with 6 locks manufactured by different companies.., Yada Yada

            I would break though your wall. Ditto for aircraft security. What's to stop 6 guys with AK 47's driving onto the runway and then boarding an aircraft? Given 3 years to prepare and 20k of supplies I could probably nock down 60% of the eastern seaboards power grid for 24 hours and not get discovered. Granted I feel no need to do so but you gain security though redundancy not giving up freedoms.
        • Re:First post? (Score:4, Informative)

          by JonKatzIsAnIdiot ( 303978 ) <a4261_2000@ya h o o .com> on Friday October 15, 2004 @04:24PM (#10540029)
          There is no correlation between security and liberty

          Blatantly untrue. Bruce Schneier talks about it constantly.

          "The proper question to ask is whether the trade-off is worth it. Is the level of security gained worth the costs, whether in money, in liberties, in privacy or in convenience?"
          from his site [schneier.com]

          Also check out this [schneier.com] article, all about the costs of security, liberties being one of them.

          I also recommend subscribing to his Crypto-Gram newsletter.
    • Re:First post? (Score:3, Insightful)

      by Colin Smith ( 2679 )
      "Someone should bust them up for forming monopolies"

      That's called the electoral process, in a true democracy you can do exactly that. Perhaps the question is do you live in a true democracy or a two party state.

      • I live in a, while not TRUE Democracy, a far more accountable one. We call it Canada.

        And as to looking to your government for protection from war and terrorism... THE GOVERNMENT IS THE CAUSE of the wars and terrorism.

      • cannot have a true democracy.

        Once you get past a few tens of thousands of individuals, a genuinely representative democracy is no longer a realistic possibility because you lose the ability of every member to directly address the forum deciding the issues. What is fucked up is that we still refer to the US's government as a democracy when that's really no longer an appropriate term.

        A true democracy would be based on referrendums on issues which people would vote on directly. Real democracy does not requi
    • Re:First post? (Score:3, Insightful)

      by Lumpy ( 12016 )
      the funny part is the truely free parts are hidden from view and only accessable by those that know how.

      There are many "subnets" on top of the internet that has the true information flow without fear of attack. Freenet is one example, and there are many others mostly private.

      Hell many old technology and no longer "used" systems of ye-olde-internet can be considered a silent subnet capable of subverting the policies of the world order of the day.

      did you know there are gopher services still running and ar
    • Re:First post? (Score:3, Insightful)

      by hrm ( 26016 )
      On the net, there is only the illusion of freedom because of the enormous scale. If you make big enough waves, you will be noticed and, if they want you, you will be found.

      This whole "routing around censorship damage" is late 20th century romanticism. No link with reality whatsoever.
  • Neuromancer (Score:3, Informative)

    by 2.7182 ( 819680 ) on Friday October 15, 2004 @01:43PM (#10538124)
    She should try reading Neuromaner, by Gibson, which was amazingly published in 1984.
  • but I think it is a little premature to suggest that the internet is doomed because of the Indymedia fiasco.
    • Naturally governments want to control everything

      To expand on this, people who seek positions of real power (meaning the "right" to initiate force as a means to an end, i.e. government) are those who wish to control others through coercion, not those who wish only to mind their own business and live their lives in peace.

      Really, what other reason does one have for seeking a position in government? (I know there are a select few who actually work to reduce the powers of government, but those are the very r

    • by zurab ( 188064 ) on Friday October 15, 2004 @02:33PM (#10538752)
      I think it is a little premature to suggest that the internet is doomed because of the Indymedia fiasco.

      It is, but you also have to consider not only Indymedia, but other cases as well.

      In the Indymedia case it is interesting how Swiss (or Italian or whatever else) governments can simply go to any MLAT partner and seize anything they want for their "investigation." Were Indymedia or Rackspace in violation of the U.S. or U.K laws? I don't know, but it doesn't look that way since neither British law enforcement, nor FBI initiated this action. So, by the magic of the MLAT, you, as an online service provider or entity, are subject to the laws of other countries where you don't even operate or have anything to do with. Want to express your frustration with EU, World Bank, WTO, etc.? It only has to be "illegal" in one country, and your speech will be suppressed for all the rest.

      The practice is becoming increasingly common - Yahoo! cannot list Nazi memorabilia in its auctions (the burden is on Yahoo! to make sure the French don't have access to them), Google cannot return advertisements for the words/phrases that are trademarked in the U.S., etc. So, the trend is that once you are online, you are subject to laws of all the nations that could potentially have access to your content or services.

      I think it is premature to say that the Internet is doomed, but the beginning of this trend is troubling.
  • crying wolf? (Score:3, Insightful)

    by spacerodent ( 790183 ) on Friday October 15, 2004 @01:44PM (#10538130)
    until the goverment says why they raided the place everyone is really just crying wolf. They might have had a perfectly legit reason or they may have been poltical tools. We don't know yet and may not know for a long time but so far I'm not inclined to start screaming about censorship just yet. Now if they start raiding other media outlets give me a call but 1 case where we don't know any facts isn't a reason to panic.
    • Re:crying wolf? (Score:4, Insightful)

      by Anonymous Coward on Friday October 15, 2004 @01:47PM (#10538166)
      We don't know yet and may not know for a long time but so far I'm not inclined to start screaming about censorship just yet.

      The very fact that they still haven't told us the reason behind the raid is censorship.
      • Re:crying wolf? (Score:3, Insightful)

        by Entrope ( 68843 )

        The very fact that they still haven't told us the reason behind the raid

        is censorship.

        One might equally well claim that the reason you posted as Anonymous Coward is because you are criminal scum who supports Intarweb terrrists.

        Put another way: There exist valid reasons to not immediately publicize why law enforcement does what they do. It may turn out that none of them apply in this case, and the raids and seizures were an oppressive abuse of the process, but crying censorship in the absense of evidence

      • by nurb432 ( 527695 ) on Friday October 15, 2004 @02:19PM (#10538573) Homepage Journal
        They don't make it a habit of releasing information on pending cases..

        Nor should they..
      • As I understand it, law enforcement agencies raid ISPs for evidence, not to censor things. If their goal was to censor things, why wouldn't they take the backups? That Indymedia has backups to restore from pretty much shoots holes through any 'They are out to censor things argument'.

        They take systems so that they can examine them at their leisure and make sure that they find whatever evidence that they are looking for. Also, it is pretty common practice for police play their cards close during an investi
    • Unacceptable. Your patience and reason are not tolerated in the sovereign nation of Internet. Go straight to the gulag for reeducation.
    • by FreeUser ( 11483 ) on Friday October 15, 2004 @01:56PM (#10538279)
      until the goverment says why they raided the place everyone is really just crying wolf.

      Um, no. Having the government abscond with people's property without cause or justification, and stonewalling as to why, does not imply no cause for concern, nor is anyone "crying wolf" when they announce to the world that the government has seized their property and silenced their voices without announcing why and without proper due process (which, in case you were sleeping through twelve years of civics classes, includes being told what one is accused of doing wrong).

      They might have had a perfectly legit reason or they may have been poltical tools

      With no notification to the accused of what they are accused of, it is abuse of power and in violation of acceptable norms in every western liberal democracy. It is irrelevant as to whether the motive was political, legal, or personal ... abuse of power is abuse of power, regardless.

      We don't know yet and may not know for a long time but so far I'm not inclined to start screaming about censorship just yet.

      Not surprising. You represent the school of thought that is primarilly responsible for these sorts of actions, and the erosion of our fundamental rights they imply.

      But nevermind, I'm sure you'll scream loudly about how burying your head in the sand is "realistic" and "sophisticated," while those of us who point to such obvious abuses as these are dismissed as the "tin foil hat" crowd. This has happened numerous times in history, and is happening again, proving once more that those who ignore history are indeed doommed to repeat it. Unless, of course, IHBT.
      • The government can always "abscond with people's property". That's what they're for. Otherwise, that FICA guy has got a lot to answer for after stealing bits out of my paycheck. :)

        In a criminal investigation, there are two ways evidence can be collected, first through application of the fourth amendment and a search warrant, and the second through subpoena for criminal investigation, specifically by a grand jury. Grand jury investigations are nearly always kept under wraps until charges are filed, becau

        • Do you really think it's the right thing to do to tell everyone "Hey, we're investigating a sheep fucker over here!!!".

          Do you think it's right to not even tell the accused that the accusation is sheep fucking either?

          You're talking about not releasing information to the public. The problem is that they aren't even releasing information to the accused either. When the police come to mess with you, you have every right to know why.
    • Re:crying wolf? (Score:5, Insightful)

      by pilgrim23 ( 716938 ) on Friday October 15, 2004 @02:01PM (#10538365)
      As I recall..... One of the great arguments the Founding Fathers had against the government of old King George was the issuance of the Lettre de Cache or open-end, fill-in in the blank warrant. This was a ready form signed by the Royal Governor and issued to the military commander. When they had a suspect, fill in the name and raid in the dark hours. I remember when I was in secondary school being told that the American system of a warrant mentioning the name of the person, WHAT HE IS ACCUSED OF, and needing to be signed by a judge for THAT SPECIFIC CIRCUMSTANCE ONLY was far more just. --
      • Re:crying wolf? (Score:3, Insightful)

        The problem in this case is that they were not accusing a person of a crime. They were accusing a person's property of a crime. It's the same loop hole the US government found during the war on drugs. Don't accuse the person of a crime - accuse his property of a crime.

        Its despicable to exploit this loop hole, but at least some good comes out of it. It stops the government from needlessly hurting people sometimes. Can you imagine what the government would do if they had to accuse people of crimes in o

        • Re:crying wolf? (Score:3, Interesting)

          by LtOcelot ( 154499 )
          Is the loophole in the law, or is it simply an invention of the courts? When a person's property is "accused" of a crime, that person is consequently deprived of property without due process for themselves. Any lawyers out there mind explaining how the courts explain this away?
    • Re:crying wolf? (Score:4, Interesting)

      by demachina ( 71715 ) on Friday October 15, 2004 @03:15PM (#10539230)
      Its hard so say why it was done, but until the governments involved stop gagging everyone you have to assume it was the for the reason everyone knows about, photos of Swiss undercover agents photographing protesters.

      Assuming that is the reason there are multiple cases of an out of control government here.

      First off the Swiss undercover agents have apparently bestowed upon themselves the right to photograph protesters but the protesters can't take pictures of them back. These agents were in the public. There is absolutely no reason anyone doesn't have the right to take pictures of them and post them. If their identities are top secret then they should have sent some cops out to take the pictures whose ID's no one cares about.

      Second, the photos were no doubt being used to identify and catalog protesters, most probably for law enforcement agencies inside and outside Switzerland. Anti globalization protestors are being tracked by all the countries who are pro globalization now. Since these protester were in public so they have to live with being photographed and should wear masks in the future. But those photos are no doubt going to be used to build files on them and label them in perpetuity as trouble makers so they are designed to strip them of their rights. They have basically been given criminal records without having been convicted of anything. There is potential they may be wiretapped, Internet use monitored, movements tracked especially as they move towards protest sites, and groups they belong to may be infiltrated by more undercover agents. If they were engaging in vandalism or assault then there is a basis for law enforcement action. If they are engaged in peaceful protest, even unlicensed peaceful protest, democratic governments should leave them alone unless they aspire to be the totalitarian governments they rail against so often.

      Third, You have multiple nations and law enforcement agencies uniting to seize someone's property, and to suppress free speech, in this case internet sites who are very much about free speech. There was no basis to seize these photos to begin with since those agents were in public, but to deny people their free speech rights in the process is not something you expect from democratic governments. The fact that all these governments so easily united to do this across multiple international boundries and without laying any charges against IndyMedia suggests there is an international cabal that can shut down pretty much any Internet site on the flimsiest of evidence, and threaten free speech and dissent in the process. These are tactics very much designed to intimidate IndyMedia and to encourage them to be quiet.
    • Re:crying wolf? (Score:3, Insightful)

      by Onan ( 25162 ) *
      The burden is on the government to establish conclusively that their actions are legal and appropriate.

      The other side of assuming citizens innocent until they're proven guilty is assuming governments guilty until they're proven innocent.

  • by paranode ( 671698 ) on Friday October 15, 2004 @01:44PM (#10538132)
    ...but they really are looking to maximize your limits on free speech. The government already goes too far in my opinion in many arenas of free speech. It is looking to tighten its grip on every medium and expand existing holdings to new mediums.

    While the "slippery slope" argument in itself is a logical fallacy against one particular instance, on the whole it seems to be very true and concerning.

    • by d34thm0nk3y ( 653414 ) on Friday October 15, 2004 @01:56PM (#10538276)
      While the "slippery slope" argument in itself is a logical fallacy against one particular instance, on the whole it seems to be very true and concerning.

      "slippery slope" is only a fallacy if you say beacuse of something something else WILL happen. It is not a fallacy if you say because of something something else COULD (or is very likely even) happen. I find that people that scream about the "slippery slope fallacy" are usually doing so because they have no other arguments to back up their position.
  • by tm2b ( 42473 ) on Friday October 15, 2004 @01:45PM (#10538140) Journal
    That's 1996. Maybe the *web* was young at that point, but a whole lot of us had been using the net for more than 10 years at that point.

    Hell, even AOL had been plaguing the net for years at that point.
  • by Anonymous Coward on Friday October 15, 2004 @01:45PM (#10538142)
    all we have to do is Wait for The Return of the Jedi and all will be good again.
  • Perhaps governments will start requiring Visa's and Passports to "enter" into a server/computer located on a particular country's domain. Excuse my lack of knowledge on the IP addresses, but cant you determine which country by the IP addy?

    Wan't to access a London, have to submit to their laws.

    • Sure you can tell which country someone is logging on from - I can tell from the volume of Ads that get thrown my way in Swedish, even when I'm looking at sites in the US and UK (sad thing is I don't even speak swedish, just happen to be staying here for a while).

      Five years ago, you could have been pooh-poohed (yeah, I read that phrase on slashdot this week) for suggesting that people could be made to use cyber-passports / visas to access content on the internet. I doubt too many pooh-poohers will be in e

  • by mjolnir_ ( 115649 ) on Friday October 15, 2004 @01:48PM (#10538181)
    four words:

    amatuer orbital server farms.

    cut down on those pesky armed intrusions and silly warrant nonsense.

    Mr Rutan, could you loft my rack? thanks.

    • Reminds me of a story I read once but can't find right now. It's the future, and some college kid reads a book from a friend he needs for his degree but can't afford to buy. Reading another person's book is illegal, and he's stressed that the government will bust him and his girlfriend.

      It talks a bit about how there are colonies on the moon and mars where people aren't afraid to read books other people own, because they're so far away and the government can't punish them.

      10 karma points to s/he who finds

    • You do realize that the US Government has the capacity to disable and/or shoot down objects in orbit.

      Not to mention if your site ever gets slashdotted, the resulting radio energy being fired from all the different transmitter would have the same effect...
      • I think we all take it as a given that these satellites will have antiballistic lasers, plasma shielding and, what the hell, let's throw in an orbital particle beam platform.
    • amatuer orbital server farms.

      Brings a whole new meaning to "my server crashed".
  • by IamGarageGuy 2 ( 687655 ) on Friday October 15, 2004 @01:49PM (#10538184) Journal
    the government is your enemy - no exceptions. This was the reason the US was set up with the sole intention to limit the Governments power. They will always seek more power and control no matter how good their intentions. If we all start to realize that good government is always less government, the better the world will be.
    • by Fnkmaster ( 89084 ) * on Friday October 15, 2004 @02:05PM (#10538414)
      If your statements were true, then we'd all just go pick up and live in anarchy somewhere. Face it, government serves a useful purpose and that's why we have it. Do the people in governments tend to try to overextend the reach of government into our private lives with cries of protecting the children, indecency, the common good, etc.? Yes, way too often. But we need a police force to enforce basic social rules, since the alternative is lynch mobs and chaos. We want a hospital and health care system that allows access to the benefits of modern science (whether you think we want the government to ensure that everyone gets access to healthcare or not is up for debate - if you are a coldhearted Randian bastard, maybe you think it's okay for people to die on the streets of curable illnesses because they couldn't afford treatment). We want paved roads that allow us to get around from place to place and do the stuff we enjoy or need to do. We don't want arbitrary groups of people (corporations) to freely dump polluting chemicals on the commons.


      All of these sorts of functions have been necessary as long as humans have been social creatures, and they have been filled, by kings, tribal chieftains, religious leaders, or elected governments.


      An ideal government is one that balances minority rights (i.e. the basic human rights and principles of equality that we believe in) and the interest of the many, and one that maximizes personal freedom. But this is a very complicated equation, not something easily solved in some optimizing equation. Yes, generally less intrusion into our personal lives is a good thing, but sometimes I want peoples personal lives intruded into (if they are beating their children severely, for example). Anytime my rights and somebody else's rights come into conflict, I still need some sort of intermediary to resolve the conflict, or else we just all end up shooting each other to resolve our conflicts.

    • You are the government, in a democracy. By your logic, in the US you are your own enemy, no exceptions. They are you and you are they. Quite trying to act like you don't have anything to do with the government, as long as there is equality under the law, you have just as many rights backed by the same authority as the rest of us. If good government was less government, we would have never developed the modern state. Good government is good government, size is irrelevant.

      You've got quite a bit of figuring o
      • You are the government, in a democracy.

        Sorry, that's too wrong to let pass. In a Democracy, the government is controlled by the demagogues, the few who are able to get the many riled up. In a constitutional republic, such as the U.S. used to be, the government was controlled by the honest elected representatives, who were in turn controlled by the constitution (that's why I specified ``honest''). In a modern ``democracy'', the government is controlled by the apparatchiks, the people who are permanently

  • by RealAlaskan ( 576404 ) on Friday October 15, 2004 @01:49PM (#10538190) Homepage Journal
    Governments don't have to control the net, they control you. They can simply outlaw anonymity if the net becomes a problem.

    We don't often think of governments cooperating, but the one thing that is a bigger threat than another government is freedom. Anyone's freedom, anywhere, is a threat to the idea that nobody can be free anywhere.

    You bet they're going to gang up on the internet. The more effectively the internet routes around damage, the more effectively they'll damage it, for their own survival.

  • by Sevn ( 12012 ) on Friday October 15, 2004 @01:50PM (#10538197) Homepage Journal
    Of the authorities in situations like these that gets stories like these printed. It goes something like this:

    * We owe you no explanation
    * Nobody holds us accountable
    * You have no defense
    * You are automatically assumed wrong
    * We admit no wrongdoing
    * We are above right and wrong
    * Whatever we want to do is automatically justified
    * We don't owe you an apology
    * Go ahead and try to sue, we'll just do it again to teach you a lesson
    * People with power are on our side
  • Stop the Internet (Score:2, Insightful)

    by cakestick ( 323966 )
    The last thing that media/corporations/government want is an active medium that they don't have strict control over. Conspiracies aside, these sorts of things just aren't conducive to the way they do business.

    -The media sells your eyes for advertising revenue.
    -The Government ensures that the "public sphere" is in tune with what they want it to focus on.
    -The corporations insist that their products and actions pose no danger to your environment and well-being.

    As a result, having a medium that they can only
  • Freedom of speech (Score:4, Interesting)

    by cybrthng ( 22291 ) on Friday October 15, 2004 @01:50PM (#10538199) Homepage Journal
    "Allies of the willing" cooperating in stings to shut us up.

    FEC looking to quiet "dicent" on the internet regarding campaigning.

    Indymedia attacked for pictures of police shooting innocent protestors..

    The internet is a medium of hypocracy as much as a medium of truth - states don't deserve the right to control, police or determine what i read. If i can buy the BS in books, i can certainly read it on the net.

    Is it past time to use digital certificates, ssl, keyfobs and encryption to protect ourselves from "evil doers?" (aka governments with something to hide..)

    Tin foil hat? dunno.. all i know is media is so left or right and when independants are being busted for telling the truth it disgusts me.
  • by nebaz ( 453974 ) on Friday October 15, 2004 @01:50PM (#10538211)
    Since the internet has become 'privatized' it seems that there is not only cooperation between governments, but corporations as well. It seems that corporations have no consideration of freedoms and will sell out to the highest bidder. Witness the Great Firewall of China and the localized search features. It is scary because such governmental and corporate partnership indicates a possible rise of Global Fascism.
  • by Leknor ( 224175 ) on Friday October 15, 2004 @01:50PM (#10538214)
    Cyberspace will never be its own sovereign nation as long as the endpoints are rooted in the physical world.
  • by bigjnsa500 ( 575392 ) <[moc.oohay] [ta] [005asnjgib]> on Friday October 15, 2004 @01:51PM (#10538220) Homepage Journal
    This is the real reason behind the IndyMedia servers being taken:

    In the present matter regarding Indymedia, Rackspace Managed Hosting, a U.S. based company with offices in London, is acting in compliance with a court order pursuant to a Mutual Legal Assistance Treaty (MLAT), which establishes procedures for countries to assist each other in investigations such as international terrorism, kidnapping and money laundering. Rackspace responded to a Commissioner's subpoena, duly issued under Title 28, United States Code, Section 1782 in an investigation that did not arise in the United States. Rackspace is acting as a good corporate citizen and is cooperating with international law enforcement authorities. The court prohibits Rackspace from commenting further on this matter.

    What's an MLAT?

    Criminal Cases Mutual Legal Assistance in Criminal Matters Treaties: Mutual Legal Assistance in Criminal Matters Treaties (MLATs) are relatively recent development. They seek to improve the effectiveness of judicial assistance and to regularize and facilitate its procedures. Each country designates a central authority, generally the two Justice Departments, for direct communication. The treaties include the power to summon witnesses, to compel the production of documents and other real evidence, to issue search warrants, and to serve process. Generally, the remedies offered by the treaties are only available to the prosecutors. The defense must usually proceed with the methods of obtaining evidence in criminal matters under the laws of the host country which usually involve letters rogatory.

    MLAT Treaties in Force:

    I. The United States has nineteen Mutual Legal Assistance Treaties (MLAT) currently in force: Argentina, Bahamas, Canada, Hungary, Italy, Jamaica, Korea, Mexico, Morocco, Netherlands, Panama, Philippines, Spain, Switzerland, Thailand, Turkey, United Kingdom (Cayman Islands), United Kingdom, Uruguay.

    • It's simply an attempt at justification.

      acting in compliance with a court order pursuant to a Mutual Legal Assistance Treaty (MLAT), which establishes procedures for countries to assist each other in investigations such as international terrorism, kidnapping and money laundering.

      The bits in bold - those are reasons for having personal property confiscated. I will remain skeptical until I see some government accuse IndyMedia directly of one of these charges.
  • by Weaselmancer ( 533834 ) on Friday October 15, 2004 @01:54PM (#10538254)

    Q: What government could control what was said on the Net?

    A: China. [newsmax.com]

  • There is no such thing as censorship on the Net. Despite everything Noam ______ may write about it. In fact, when asked about it, John ______ at the department of ______ even goes so far as questioning the sanity of whomever that _____ would _____. It's so _____ that it's _____.

    Sincerely,
    ______
  • by Anonymous Coward on Friday October 15, 2004 @01:55PM (#10538261)
    "Governments perceive the Internet as dangerous". Hmm, a bit more needs to be said...

    "Governments percieve free speech as dangerous". Still not quite it...

    "Governments perceive free speech as dangerous to themselves". Yeah, I think that says it.

  • Cypherpunks (Score:4, Interesting)

    by Ikn ( 712788 ) <rsmith29.alumni@nd@edu> on Friday October 15, 2004 @01:58PM (#10538304) Homepage
    Whether you think the IndyMedia incident was a harbinger of things to come or not, bad things could easily, and probably are, on the horizon. This is why I support the movements true cypherpunks everywhere. The ability to be as anonymous as possible is arguably important these days, but I'm sure one day, probably more sooner than later, it will become an issue-I'd rather prepare for it now. You don't plan to succeed, you succeed to plan, better safe then sorry, etc, pick your cliche', but keep your eyes open and your movements hidden.
  • by sphealey ( 2855 ) on Friday October 15, 2004 @01:59PM (#10538329)
    I remember laughing out loud the first time I read that "routes around it" quote. Transatlantic cables don't just appear out of nowhere. The original design of the net was a mesh, but it rapidly got collapsed down to a backbone architecture. There are at most a dozen telecommuncation providers with global connectivity, and governments keep an iron hand around their throats.

    That is the problem with Neil Stephenson's "data haven" by the way: what happens when the US sends it cable-cutting submarine over and cuts all the lines leading into that island?

    Anyone who didn't see this coming is naive at best.

    sPh

  • Where will it end? (Score:2, Insightful)

    by xasper8 ( 137598 )
    While I agree that we shouldn't start over reacting, it may be a harbinger of things to come. I'm not sure where the line will be drawn, but the net of 'old' was based on a free flow of information, clearly that has been lost. Who will make the stand?

    8 years ago when the net was young? Wha...? Clearly the mid and late 80's didn't count... Stupid Archie...
  • by vkg ( 158234 ) on Friday October 15, 2004 @02:01PM (#10538363) Homepage
    The Internet is just rowdy. Bruce Sterling's take on it: one of the few places the Average American is daily approached by criminals attempting to steal everything they own! [referring to 419 scams, and I'm paraphrasing]

    Freedom is a double edged sword.

    If we ask the Government to police spam, or if we ourselves don't keep copyrighted material off file sharing systems, we're inviting Government to come and police what we, the geeks, have not self-policied. What we will not govern, they will.

    Nature abhors a vaccume, and The State abhors an anarchy.

    And with good reason!
    • by Ba3r ( 720309 ) on Friday October 15, 2004 @02:24PM (#10538645)

      Everyone seems to love drawing this giant gap between government, and us. Governments are inhernetly us.

      The real question is, what level of free will is the general populace willing to cede to the minority in exchange for that minority taking on the responsiblity of governance. Sure, the educated and independant (such as a decent chunk of /.) are unwilling to exchange a large portion of their free will for not having to worry about things, but the vast majority of people everywhere will gladly release a segment of free will for the comfort and safety of regulation. The nuanced balance that every government must tread in order to be long-lived, is that of imposing enough rules to maintain order while leaving sufficient free will to keep the majority happy. Too much rules, and there is revolution; too few and there is chaos.

      The division of government and us lies more in the difference between those who will take on responsibility for governance in exchange for the many benefits, and those who would prefer to dispel with that responsibility and go about their day to day business, following the rules laid down to preserve this lifestyle.

  • I2P and Freenet (Score:5, Informative)

    by Tracy Reed ( 3563 ) * <treed@ultrGAUSSa ... g minus math_god> on Friday October 15, 2004 @02:10PM (#10538486) Homepage
    It is because of things like this that we need technology like I2P [i2p.net] and Freenet [freenetproject.org] more than ever. Freenet seems to be stuck in a morass and making no progress but I2P is useful now and would have prevented Indymedia's servers from being taken down.
  • by The I Shing ( 700142 ) on Friday October 15, 2004 @02:10PM (#10538488) Journal
    I hate the thought that the government might decide to enforce other countries' web content laws when it comes to American websites, but I could see it happening, slowly, bit by bit (no pun intended).

    "Sure," they drawl as they handcuff a webmaster and load his computer into the paddy wagon next to him, "Your site is protected Free Speech here in the USA, but we got a complaint from the Saudi Arabian authorities about it, so we have no choice but to take you into custody so that they can press charges against you. Sorry, but in accordance with Saudi Arabian law, you don't get access to a lawyer, your hands will be chopped off, and any women coming to visit you in jail will be enslaved."

    Is this going to start happening? Sure would be a great way to keep private citizens off of the web.
  • by Nom du Keyboard ( 633989 ) on Friday October 15, 2004 @02:11PM (#10538498)
    IndyMedia appeared far more decentralized than it was...more than 40 percent of the collective's sites were hosted at a single location.

    Isn't this exactly the problem that Freenet [sourceforge.net] was designed to solve?

  • by Admiral Justin ( 628358 ) on Friday October 15, 2004 @02:19PM (#10538572) Homepage Journal
    Governments: "Oh no, it's the internet, hit it with a stick and see if it goes away. Then file laws we have no idea how to enforce."

    Corps: "We must use the internet to expand our web of mindless consumers!"

    RIAA: "Look, #103885439 just logged into Yahoo, Sue him!"

    Microsoft: "..." (Bill Gates was unable to join chat, rumours state computer has been comprimised by a new trojan)

    Users: "Finally, I'm online, now all I have to do is avoid the sticks, try not to buy anything and everything, not get dragged into court, all while trying to keep my computer secure."
  • by the-build-chicken ( 644253 ) on Friday October 15, 2004 @02:25PM (#10538654)
    The took rackspaces servers...it just so happened that indys data was on it...sheer coincidence and hardly the governments fault!

    Seriously though...that's a loophole that needs to be closed...I would really really check with your ISP about who 'owns' the physical hardware when you buy space (i.e. do you 'rent' the property, or just use it to put data on). Very valid question for anyone looking into hosting something. At the moment I doubt that they have to tell indy anything, they already have told the property owners (rackspace) why they were taken...then hit them with a gag order, which is quite clever (diabolical?) really.

    Anyway, host-er beware...check the legality...if they're actually renting you the hardware I would imagine that anyone wanting to take it would have to issue the seizure order to you, otherwise they can issue it to your ISP and tell you nothing...though IANAL.

  • by CrazyTalk ( 662055 ) on Friday October 15, 2004 @02:43PM (#10538887)
    Say 15-20 years ago, any type of commercial activity, including advertising, was pretty much banned. If someone so much as tried to sell their car on the internet, they whole on-line community would come down on them for "spoiling" the sanctitiy of the free exchange of intellectual discourse. Now, of course, the exact opposite seems to be true - nothing but e-commerce and advertisements.
  • by doormat ( 63648 ) on Friday October 15, 2004 @02:55PM (#10539022) Homepage Journal
    is another's freedom fighter. I thought this was a load of BS when I first heard it but now I'm beginning to understand why this statement is true.
  • Corrections (Score:5, Informative)

    by pvanheus ( 186787 ) on Friday October 15, 2004 @02:58PM (#10539055)
    Firstly, there are current 152 Indymedia websites, not 50 as reported. That means that the loss of ahimsa (the server that was taken down) caused 13% of the IMC (Indymedia Centre) sites to go down, not the "more than 40 percent" quoted.

    Secondly, the article makes it sound as if there has been no progress on the cypherpunk front since 1996. While progress has been annoyingly slow, the growth of peer to peer technologies over the last few years has prompted a number of experiments - TOR, I2P, Freenet, etc. (see the I2P network comparisons page [i2p.net] for a list), some of which seem to be getting pretty mature.

    Thirdly, the bigger sites on ahimsa were up again in hours/days. They would have been up even quicker if a proper backup / mirror system had been in place, and in fact Indymedia techies have now been spurred into action by the ahimsa seizure to make sure the network is more robust. Think about this: the leftie scene is not particularly filled with technologically adept people. The Indymedia network runs on a shoestring budget (in terms of money / time). Despite this, the network was *still* able to respond and repair the damage fairly rapidly.

    And finally, don't overestimate the competence of the FBI in this matter. Apparently when trying to do something about the picture of Swiss undercover cops on nantes.indymedia.org, one of the people they approached was from Seattle Indymedia, which has nothing to do with running either ahimsa or nantes.indymedia.org. And anyway, the disputed picture was quickly mirrored all over the place when it became "notorious" (just like the DeCSS code).

    So, while I think Grossman's article is a good counterbalance to the mystical rants of people like John Perry Barlow, she leaves out a number of facts that show that the Internet can indeed be used to "route around censorship". Its all a matter of effort - in the 1970s and 80s, the ANC got around government censorship [anc.org.za] in South Africa by planting "pamphlet bombs" to scatter leaflets at busy rail stations (the cost: activists spending several years in jail). The Internet allows the subversion of censorship with far less effort, but of course it doesn't do it "by magic".

"The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts." -- Bertrand Russell

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