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Distinguished Toastmaster
BUSINESS & BRANDING COACH . LIFE & LEADERSHIP STRATEGIST MOTIVATIONAL SPEAKER SERVING ENTREPRENEURS & MAIN STREET |
INTERNATIONAL COPYRIGHT CONVERSATIONS [ You Are On The CLICKs Page ]
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IANA BOARD COMPENSATION DISCUSSED BEFORE SECURITY CONCERNS? PULEEZE! WHERE DO AMERICANS UNSUBSCRIBE (c) Carrie Devorah:
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CAN COMMERCE TRANSFER GOVERNMENT PROPERTY TO A NON GOVERNMENT ENTITY IS CONGRESS' IANA PROBLEM #1 (c) Carrie Devorah :
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An independent contractor, Postel convinced 8 of the 12 organizations that handled the entire Internet’s address book, to “reconfigure their computer servers so that the pulled addresses not from a government-backed operation in Herndon Virginia but from a machine at the computing facility he helped run at the University of Southern California. And they did.” (www.wired.com/2012/10/joe-postel)
Postel was showing the US Government they could not take control of the Internet away from the researchers that built it. Postel’s colleagues official word was Jon’s action was a “test” to “Show the Internet’s directory infrastructure could be repositioned as needed.” Others said Postel was “making a statement” to “show the White House that it couldn’t wrest control of the Internet from the widespread community of researchers who had built and maintained the network over the previous three decades.” |
Timing? The White House was about to disclose it’s reorganization plan for governance of the Internet’s directory system. The year was 1998. The President in 1998? William Jefferson Clinton. Bill. The conference at George Washington University’s Elliot School of Business was 2014, a week ago. Postel was Edward Snowden before Snowden was in the Guardian paper’s eye.
But Postel was a somebody with real time knowledge. Snowden had an agenda with no track record of accomplishments under his belt.
Postel was part of the UCLA team that ‘set up the first node on the ARPAnet,’ from where the Modern Internet has morphed. Postel defined the network’s protocols. Postel was much more. As the primary administrator of the Network, Postel oversaw the documents that define the Internet’s operation. They are called RFCs, Request For Comments. Request For Comments are the Instructions of the Internet. Postel also oversaw the Internet Assigned Numbers Authority.
IANA. Sound familiar? It should. This is the same system Fadi Chechadi testified under oath, in to the record that….
Timing can be everything or odd in coincidence. Nine months after Jon Postel redirected 8 of the Internet’s root servers, Jon died. Cause of death? Complications during a heart operation. Here he was, at the IANA/ICANN panel, face down in a picture frame maligned by peers with sentiments against Postel running very strong, twenty years later, despite Postel being inducted in to the Internet Society’s Internet Hall of Fame, honored with Vint Cerf, Leonard Kleinrock, Ray Tomlinson and Tim Berniers-Lee.
Unnamed above is Steven Crocker. Crocker is the CEO and co-founder of Shinkuro, Inc. Shinkuro is a start up company focused on dynamic sharing of information across the Internet. An attendee at the conference was welcomingly blunt about Steve, describing Crocker as seeking Legacy. ISOC’s bio of Crocker says “He is also chair the Internet Society's Jon Postel Award committee and ICANN's Security and Stability Advisory Committee, and he is a volunteer Senior Counselor in the Office of the Chief Technology Officer in the District of Columbia, focusing on the District's creation of a new technology magnet high school.” Crocker was in research management at DARPA, USC/ISI and The Aerospace Corporation. He was vice president of Trusted Information Systems. Crocker was co-founder of CyberCash, Inc. and Longitude Systems, Inc.
Crocker was at UCLA when Postel was there, too. Crocker was seated in the House Judiciary benches when Fadi Chechadi testified before Tom, Judy and the other Legislators, not at the witness table where he should have been answering questions from the Committee.
Shinkuro Co. did not come up at all in testimony, that day. Shinkuro Co. did not come up during the GW pitch conference for ICANN adressing IANA. In fact, there isn’t much said about Shinkuro on its own website (http://www.shinkuro.com/about.php). It does say that Shinkuro means “synchronize.” What is said is a repeat of Crocker’s bio on the ISOC website. One person is listed as Management. Steve. Crocker’s co-founder is not. The site says that Shinkuro is a US-based research and development company with a strong interest in information sharing across organizational boundaries, selling Shinkuro software. Shinkuro softward facilitates sharing “files across enterprise boundaries - securely. Just install the software on each machine, create a group and designate a folder you would like to share with the group. Any files you put in that folder will be shared with the other members automatically. Shinkuro also includes secure instant messaging and secure screen sharing, to give you a complete collaboration environment.”
Shinkuro, a privately funded company in the DC area, was founded in by Steve Crocker and Jeffrey Kay. Crocker is also involved with 1net.org (http://www.1net.org/). No. Nothing wrong with your asking what is 1net? Most cant answer. It is so new, formed October 2013, as, yes, yet another non profit. Quelle surprise… I guess there is cynicism in asking the obvious question of “How many non profits does it take before someone declares themselves to be profitable and worthy of taxing?”
1net.org is a twin or clone to the site of icann. Without facts, it is speculation as to their similarity of design. That said, many pages later, the connection is drawn. Unclear, still? Who is Leadership? Who are Stakeholders? Who are their people around the world?
The year was 2002. This is 2014. There is an aspect of Crocker’s site deserving of compliments. Crocker writes “Shinkuro file sharing software contains cryptography and is subject to export control.” Shinkuro’s Corporate Office is located in Bethesda, Maryland. Shinkuro’s Development Office and meeting facility is located near enough by.
The site states, “You must agree to the following in order to download the software.”
The “following” that must be agreed to is the ‘Export Control Notice.’ The site says, “The software uses cryptography to protect the information you share using Shinkuro. Software incorporating cryptography technology is regulated by the applicable U.S. and foreign law. By accepting the terms of this Agreement, you acknowledge that software incorporating cryptography is controlled under the Export Administration Regulations and understand that you cannot export or reexport the software to any other user without receiving a license or other authorization. You also acknowledge that the Software is not intended for use by a government end-user, as defined under the regulations, or any entity prohibited under U.S. law. Prohibited entities include any end-user in a restricted country (Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria), and restricted end-users on the Denied Persons List or List of SpICANN is not yet done evolving. I don't know precisely what it will look
like in the future, but I am pretty sure there will be changes.
Crocker is on the Board of ICANN. Crocker, Board Chair, affirms the end of the US Government stewardship is part of the plan that began back in the 1990’s, Crocker describes as maturation in the process (http://www.youtube.com/watch?v=eCvtvVZyjLA&feature=youtu.be )
Crocker in a letter to “Sally” said something else the Legislators asked about- the challenge of making a decision today for the people of tomorrow. Crocker wrote, “ICANN is not yet done evolving. I don't know precisely what it will look like in the future, but I am pretty sure there will be changes.”
(http://gnso.icann.org/mailing-lists/archives/council/msg15749.html) Yes but for what end goal. And under whose governance. And with what connection to Agenda 21, the United Nations Sustainable Development, United Nations Conference on Environment & Development that was crafted in Rio de Janerio, Brazil 3 – 14, 1992.
But Postel was a somebody with real time knowledge. Snowden had an agenda with no track record of accomplishments under his belt.
Postel was part of the UCLA team that ‘set up the first node on the ARPAnet,’ from where the Modern Internet has morphed. Postel defined the network’s protocols. Postel was much more. As the primary administrator of the Network, Postel oversaw the documents that define the Internet’s operation. They are called RFCs, Request For Comments. Request For Comments are the Instructions of the Internet. Postel also oversaw the Internet Assigned Numbers Authority.
IANA. Sound familiar? It should. This is the same system Fadi Chechadi testified under oath, in to the record that….
Timing can be everything or odd in coincidence. Nine months after Jon Postel redirected 8 of the Internet’s root servers, Jon died. Cause of death? Complications during a heart operation. Here he was, at the IANA/ICANN panel, face down in a picture frame maligned by peers with sentiments against Postel running very strong, twenty years later, despite Postel being inducted in to the Internet Society’s Internet Hall of Fame, honored with Vint Cerf, Leonard Kleinrock, Ray Tomlinson and Tim Berniers-Lee.
Unnamed above is Steven Crocker. Crocker is the CEO and co-founder of Shinkuro, Inc. Shinkuro is a start up company focused on dynamic sharing of information across the Internet. An attendee at the conference was welcomingly blunt about Steve, describing Crocker as seeking Legacy. ISOC’s bio of Crocker says “He is also chair the Internet Society's Jon Postel Award committee and ICANN's Security and Stability Advisory Committee, and he is a volunteer Senior Counselor in the Office of the Chief Technology Officer in the District of Columbia, focusing on the District's creation of a new technology magnet high school.” Crocker was in research management at DARPA, USC/ISI and The Aerospace Corporation. He was vice president of Trusted Information Systems. Crocker was co-founder of CyberCash, Inc. and Longitude Systems, Inc.
Crocker was at UCLA when Postel was there, too. Crocker was seated in the House Judiciary benches when Fadi Chechadi testified before Tom, Judy and the other Legislators, not at the witness table where he should have been answering questions from the Committee.
Shinkuro Co. did not come up at all in testimony, that day. Shinkuro Co. did not come up during the GW pitch conference for ICANN adressing IANA. In fact, there isn’t much said about Shinkuro on its own website (http://www.shinkuro.com/about.php). It does say that Shinkuro means “synchronize.” What is said is a repeat of Crocker’s bio on the ISOC website. One person is listed as Management. Steve. Crocker’s co-founder is not. The site says that Shinkuro is a US-based research and development company with a strong interest in information sharing across organizational boundaries, selling Shinkuro software. Shinkuro softward facilitates sharing “files across enterprise boundaries - securely. Just install the software on each machine, create a group and designate a folder you would like to share with the group. Any files you put in that folder will be shared with the other members automatically. Shinkuro also includes secure instant messaging and secure screen sharing, to give you a complete collaboration environment.”
Shinkuro, a privately funded company in the DC area, was founded in by Steve Crocker and Jeffrey Kay. Crocker is also involved with 1net.org (http://www.1net.org/). No. Nothing wrong with your asking what is 1net? Most cant answer. It is so new, formed October 2013, as, yes, yet another non profit. Quelle surprise… I guess there is cynicism in asking the obvious question of “How many non profits does it take before someone declares themselves to be profitable and worthy of taxing?”
1net.org is a twin or clone to the site of icann. Without facts, it is speculation as to their similarity of design. That said, many pages later, the connection is drawn. Unclear, still? Who is Leadership? Who are Stakeholders? Who are their people around the world?
The year was 2002. This is 2014. There is an aspect of Crocker’s site deserving of compliments. Crocker writes “Shinkuro file sharing software contains cryptography and is subject to export control.” Shinkuro’s Corporate Office is located in Bethesda, Maryland. Shinkuro’s Development Office and meeting facility is located near enough by.
The site states, “You must agree to the following in order to download the software.”
The “following” that must be agreed to is the ‘Export Control Notice.’ The site says, “The software uses cryptography to protect the information you share using Shinkuro. Software incorporating cryptography technology is regulated by the applicable U.S. and foreign law. By accepting the terms of this Agreement, you acknowledge that software incorporating cryptography is controlled under the Export Administration Regulations and understand that you cannot export or reexport the software to any other user without receiving a license or other authorization. You also acknowledge that the Software is not intended for use by a government end-user, as defined under the regulations, or any entity prohibited under U.S. law. Prohibited entities include any end-user in a restricted country (Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria), and restricted end-users on the Denied Persons List or List of SpICANN is not yet done evolving. I don't know precisely what it will look
like in the future, but I am pretty sure there will be changes.
Crocker is on the Board of ICANN. Crocker, Board Chair, affirms the end of the US Government stewardship is part of the plan that began back in the 1990’s, Crocker describes as maturation in the process (http://www.youtube.com/watch?v=eCvtvVZyjLA&feature=youtu.be )
Crocker in a letter to “Sally” said something else the Legislators asked about- the challenge of making a decision today for the people of tomorrow. Crocker wrote, “ICANN is not yet done evolving. I don't know precisely what it will look like in the future, but I am pretty sure there will be changes.”
(http://gnso.icann.org/mailing-lists/archives/council/msg15749.html) Yes but for what end goal. And under whose governance. And with what connection to Agenda 21, the United Nations Sustainable Development, United Nations Conference on Environment & Development that was crafted in Rio de Janerio, Brazil 3 – 14, 1992.
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BUILDING A PROFILE OF THE MULTISTAKEHOLDERS PARTICIPATING IN THE MOVE TO REMOVE IANA FROM DEPARTMENT OF COMMERCE & Their Stated Past Relationships (gleaned from 1Net.org's Steering Committee List) (c) Carrie Devorah :
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AFRINIC, the Internet Numbers' Resource Registry for Africa
CAFENet (an IT and Internet service provider based in Togo – 1994-2000
Information System of Symbol Technologies (now Motorola) office in France (2001-2003)
UN Secretary General Internet Governance Forum Advisors Group (IGF-MAG from 2006-2009)
NRO Executive Council,
African Network Operators Group (AfNOG)
African ccTLD Managers Association (AfTLD).
Internet Democracy Project
Investment Committee of the Digital Defenders Partnership
Best Bits
United Nations Development Programme Asia Pacific
Freedom of Expression,
Centre for Internet and Society in Bangalore
Association for Progressive Communications (a global civil society network working with ICTs to support social justice and development)
SANGONeT (an internet service provider and training institution for development and human rights groups in South Africa)
Technical Advisory Committee of the UN's Economic Commission for Africa's African Information Society Initiative and the United Nations ICT Task Force
Multi-stakeholder Advisory Group of the IGF
High Level Panel on the Future of Internet Governance
Centre for Technology and Society from Fundação Getulio Vargas in Rio de Janeiro
Dynamic Coalition on Internet Rights and Principles
ICANN community as NCUC (Non-commercial users constituency) individual user member
GNSO Councillor for the Non-Commercial Stakeholder Group
ICANN nomcom member
Participates in several ICANN WGs like the new gTLD applicant support or JAS WG where he was the co-chair
Non-Commercial Stakeholders Group
OECD ICCP CSISAC steering committee
Asia Pacific regional IGF
Japan IGF
Internet Governance in Tunisia and MENA in general
Computer Information Systems at the School of Business, Quinnipiac University
Visiting Fellow at the Yale Law School's "Information Society Project,"
media and communications law at Swinburne University of Technology in Melbourne
European University Institute in Florence, Italy, working on a thesis entitled 'corporate dominance of the Internet'
UN Internet Governance Forum Dynamic Coalition on Freedom of Expression and Freedom of the Media on the Internet.
Research and Education Networking Unit at the Association of African Universities.
Director of the Computer Centre of Cheikh Anta Diop University in Senegal
African Virtual Open Initiatives and Resources
NetTel@Africa
DelPHE
Steering Committee of the Network Information Centre of Senegal that manages the country-code top level domain .SN.
The Citizen Lab and the Canada Center for Global Security Studies, Munk School of Global Affairs, University of Toronto
DiploFoundation
UN WSIS
Multistakeholder Advisory Group of the UN Internet Governance Forum.
Institute of Mass Communication and Media Research at the University of Zurich
Noncommercial Users Constituency
European At Large Organization in ICANN
Multistakeholder Advisory Group of the UN’s Internet Governance Forum
Global Internet Cooperation and Governance Mechanisms
European and South Schools on Internet Governance
Institute for Tele-Information at Columbia University
Google Inc.
Free Press
Former clerk for the Honorable M. Margaret McKeown, United States Court Appeals 9th Circuit.
News Corporation
E-commerce and Telecommunications at the United States Council for International Business,
AT&T
Facebook
technical legal expert to the United Nations Biosafety Protocol Working Group
Chief Negotiator on an International Liability Protocol
Microsoft
Chief Executive Officer of .au Domain Administration Ltd
former Chair of ICANN’s country code Names Supporting Organisation
Asia Pacific Top Level Domain Association
Internet Governance Forum
United Nations' Internet Governance Forum Multi-stakeholder Advisory Group, Europe for Afilias, the domain name registry.
APNIC, Director for Multilateral Affairs in the Mexican Federal Telecommunications Commission
Representative from Mexico at ICANN's Governmental Advisory Committee
Vice- Chair and Convener of the Working Group on ccTLDs, WSIS, Asia-Pacific Economic Cooperation Telecommunications and Information Working Group, OECD, APEC, ITU, WTO,
Internet Systems Consortium
ARIN
member of the ICANN Root Server System Advisory Committee and ARIN Advisory Council.
Global Internet Policy for Verizon Communications, where she specialized in emerging issues and stakeholder and policy leader engagement
CAFENet (an IT and Internet service provider based in Togo – 1994-2000
Information System of Symbol Technologies (now Motorola) office in France (2001-2003)
UN Secretary General Internet Governance Forum Advisors Group (IGF-MAG from 2006-2009)
NRO Executive Council,
African Network Operators Group (AfNOG)
African ccTLD Managers Association (AfTLD).
Internet Democracy Project
Investment Committee of the Digital Defenders Partnership
Best Bits
United Nations Development Programme Asia Pacific
Freedom of Expression,
Centre for Internet and Society in Bangalore
Association for Progressive Communications (a global civil society network working with ICTs to support social justice and development)
SANGONeT (an internet service provider and training institution for development and human rights groups in South Africa)
Technical Advisory Committee of the UN's Economic Commission for Africa's African Information Society Initiative and the United Nations ICT Task Force
Multi-stakeholder Advisory Group of the IGF
High Level Panel on the Future of Internet Governance
Centre for Technology and Society from Fundação Getulio Vargas in Rio de Janeiro
Dynamic Coalition on Internet Rights and Principles
ICANN community as NCUC (Non-commercial users constituency) individual user member
GNSO Councillor for the Non-Commercial Stakeholder Group
ICANN nomcom member
Participates in several ICANN WGs like the new gTLD applicant support or JAS WG where he was the co-chair
Non-Commercial Stakeholders Group
OECD ICCP CSISAC steering committee
Asia Pacific regional IGF
Japan IGF
Internet Governance in Tunisia and MENA in general
Computer Information Systems at the School of Business, Quinnipiac University
Visiting Fellow at the Yale Law School's "Information Society Project,"
media and communications law at Swinburne University of Technology in Melbourne
European University Institute in Florence, Italy, working on a thesis entitled 'corporate dominance of the Internet'
UN Internet Governance Forum Dynamic Coalition on Freedom of Expression and Freedom of the Media on the Internet.
Research and Education Networking Unit at the Association of African Universities.
Director of the Computer Centre of Cheikh Anta Diop University in Senegal
African Virtual Open Initiatives and Resources
NetTel@Africa
DelPHE
Steering Committee of the Network Information Centre of Senegal that manages the country-code top level domain .SN.
The Citizen Lab and the Canada Center for Global Security Studies, Munk School of Global Affairs, University of Toronto
DiploFoundation
UN WSIS
Multistakeholder Advisory Group of the UN Internet Governance Forum.
Institute of Mass Communication and Media Research at the University of Zurich
Noncommercial Users Constituency
European At Large Organization in ICANN
Multistakeholder Advisory Group of the UN’s Internet Governance Forum
Global Internet Cooperation and Governance Mechanisms
European and South Schools on Internet Governance
Institute for Tele-Information at Columbia University
Google Inc.
Free Press
Former clerk for the Honorable M. Margaret McKeown, United States Court Appeals 9th Circuit.
News Corporation
E-commerce and Telecommunications at the United States Council for International Business,
AT&T
technical legal expert to the United Nations Biosafety Protocol Working Group
Chief Negotiator on an International Liability Protocol
Microsoft
Chief Executive Officer of .au Domain Administration Ltd
former Chair of ICANN’s country code Names Supporting Organisation
Asia Pacific Top Level Domain Association
Internet Governance Forum
United Nations' Internet Governance Forum Multi-stakeholder Advisory Group, Europe for Afilias, the domain name registry.
APNIC, Director for Multilateral Affairs in the Mexican Federal Telecommunications Commission
Representative from Mexico at ICANN's Governmental Advisory Committee
Vice- Chair and Convener of the Working Group on ccTLDs, WSIS, Asia-Pacific Economic Cooperation Telecommunications and Information Working Group, OECD, APEC, ITU, WTO,
Internet Systems Consortium
ARIN
member of the ICANN Root Server System Advisory Committee and ARIN Advisory Council.
Global Internet Policy for Verizon Communications, where she specialized in emerging issues and stakeholder and policy leader engagement
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NETMUNDIAL CGI.DR
GLOBAL MULTISTAKEHOLDER MEETING ON THE FUTURE OF INTERNET GOVERNANCE (c) Carrie Devorah :
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NETMUNDIAL HAS PERMISSION TO POST THIS COMMENT. THIS COMMENT MAY NOT BE REPRODUCED, POSTED TO OTHER SITES, MARKETED AS A PDF FOR SALE OR OTHERWISE UNLESS IT IS UNDER LICENSE ANY AND ALL OTHER ENTITIES SEEKING TO REPRINT THIS COMMENT MAY DO SO ONLY WITH WRITTEN PERMISSION
The agenda for Netmundial is buried deep down into their Principles. Cut to the chase, NEtmundials is another front in the attack on Copyrights & Identity ownership. While NETmundial “talks” about Multistakeholders, those impacted, further by the Internet are not mentioned once- the little people who lives and livings are decimated by the Internet Of Everything- theft of Identity and Intellectual Property online- the entities, the multistakeholders stealing what belongs to Legislators constituents- Silicon Valley’s, San Francisco’s brightest and best. Pew research reports increasing online thefts. Cutting to the chase, I wanted to know who are these “masked men” called Stakeholders stealing people’s identity and intellectual Property?
The answer is simple. It took some reading. The answer to moving IANA out of US territory and possession is NO, a thousand times no.
The Multistakeholders include ITU the International Telecommunication Union, the United Nations specialized agency for information and communication technologies (http://www.itu.int/en/Pages/default.aspx); ICANN; ISOC (http://www.internetsociety.org/); IETF the Internet Engineering Task Force (http://www.ietf.org/); IEEE (http://www.ieee.org/index.html); IGF Internet Governance Forum ( http://www.intgovforum.org/cms/); W3C world wide web consortium (http://www.w3.org/); APNIC (http://www.apnic.net); APRICOT Asia Pacific Regional Internet Conference on Operational Technologies; KISA (http://www.nida.or.kr/kisa/eng/english_ver.html); IAJapan Internet Association Japan (http://www.iajapan.org/); Electronic Network Consortium (http://www.enc.or.jp/eindex.html); IIA Internet Industry Association (http://iia.net.au/); CERT Software Enginneering Institute (http://www.cert.org/); SPAMHOUSE Spam removal (http://www.spamhaus.org/); IPv6 Forum The New Internet (http://www.ipv6forum.com/ Vincent Cerf Honorary Chairman); APIRA Asia Pacific Internet Research Alliance (http://www.apira.org/); GWC (http://en.gwc.net/); IAB (http://www.iab.org/); IETF (http://www.ietf.org/); W3 (http://www.w3.org/); 5 RIRS (http://www.nro.net/) .
A few weeks ago, US Legislators held a hearing on moving IANA away from America. There were no answers as to Judicial oversite. There was no mention of 1Net.org. And when Congresswoman Zoe Lofgren wondered if Vincent Cerf knew about the push to move IANA by 2015. Not one witness at the hearing table said, ‘not only is Cerf on board, he is truly On board, one of the guys high up, way high up.’
Ask one or two witnesses at a hearing a logical question, too often, a 3rd party jumps in changing the topic abruptly or is at the witnesses shoulder within seconds, excusing their need to pull the witness “now.” One doesn’t think too hard seeing, yet again, lobbyists or persons with Non Profit money to burn behind them. Experts Witnesses are placed by parties with vested interest. This people are offered as having Expert Knowledge. Expert Knowledge is not a good thing to gift to often professors in the Internet world especially are the little guy on the streets that will never get called as a witness if they aren’t famous or didn’t lose a child. Losing livelihoods and ability to pay bills, isn’t sexy enough a theme. Yet that is who is being ravaged by this Internet of Everything, owners of Copyrights, Intellectual Property and Identities, stolen, shared and Algorithmed across the Internet. A nice farmer in Wisconsin is being sold as a commodity in France. This comment in fact will be picked up and sold as a PDF, without license or permission, in countries like Germany and Japan, signators on the Berne Convention.
Watching a Hearing can be pain filled. Legislators, mostly, millennial staff, feed the legislators questions to ask. Quoted? New York Times, Washington Post? What ever happened to citing person’s in history or the little man on the street.
Legislators are expected to then rule on issues that change lives. A famous response in American legislative history is former Speaker of The House Nancy Pelosi saying, “you have to read it to find out what’s in it.” That Legislation continues to be written, still. The shift of the IANA out from under the Department of Commerce to the EU is beginning to feel a lot like that moment in American history. Sometimes Legislators just aren’t getting close to asking the right question. Sometimes they ask the right question, they just don’t know that are not being given the right answer.
Like who are the Multistakeholders and what weren’t Legislators being told before Legislators are pushed to vote, were two questions needing to be answered, moreso in the blush of State Department’s disruptive Tweets, and in light of State Department’s supporting entity’s like TOR.
The Answers the Legislators sought were available. Not in that hearing. They are on the 1Net.org website, a name not mentioned during the Hearing or in submitted testimony, like (i) what about security of IANA if moved out of America oversight, (ii) where would be the legal forum for American’s to resolve disputes within, and other questions able to be heard on the Library Of Congress Audio recording of the Hearing that day.
1Net.org clarified a question Legislators asked ICANN’s CEO testifying to convince the US Legislators to released oversight of ICANN from the US Department Of Commerce during the Hearing, “Hearing: Should the Department of Commerce Relinquish Direct Oversight Over ICANN?” chaired by Congressman Tom Marino. Head on the video to 1:53:16+ of Congressman’s questioning of a witness. (http://judiciary.house.gov/index.cfm/2014/4/hearing-should-the-dept-of-commerce-relinquish-direct-oversight-over-icann) (http://judiciary.house.gov/index.cfm/hearings?ID=027833A0-0028-42E2-A14B-B9C8BA2576A6 ) The answer to Congressman Marino’s (R ) and Congressman Jefferies’ (D) question of what do Legislators’ tell their constituents, the answer is here, “Due to the open communication nature of the Internet, 1Net.org cannot represent, warrant or guarantee that communications stored on 1Net.org servers will be free from unauthorized access by third parties, loss, misuse or alterations. While 1Net.org will take reasonable and appropriate security measures to protect against unauthorized access, disclosure, alteration or destruction of personal information received, 1NET.ORG DISCLAIMS ANY AND ALL LIABILITY FOR UNAUTHORIZED ACCESS OR USE OR COMPROMISE OF YOUR PERSONAL INFORMATION. USERS ARE ADVISED THAT THEY SUBMIT SUCH PERSONAL INFORMATION AT THEIR OWN RISK.”
The Secretary of Commerce’s words were misleading. There is no security. There is no protection. There are no guarantees. What takes place on the Internet, as example shows, time and again, is not secure, wont ever be, as long as there is SPAM online, breaches, hacks and Facebook User Message Box’s being overwhelmed with Girls Selling, well, Girls.
What tips the Agenda of NETMundial are the words to enable “environment for innovation and creativity” the “ability to innovate and create hamust continue to allow permissionless innovation through an enabling Internet environment.”
Permissionless- as in Orphan Works, Collective Licensing, Decimating local ability to be self sustaining and maintaining local infrastructures for towns and by its people.?
1Net.org also states its “Standards must be consistent with human rights and allow development and innovation.” Isn’t a Human Right the ability to own their ARTS, protect their copyrights, and not have their identity stolen, Algorithmed or Human Trafficked.
The 1Net.org site states;
“(4) … This transition should be conducted thoughtfully with a focus on maintaining the security and stability of the Internet, empowering the principle of equal participation among all stakeholder groups and striving towards a completed transition by September 2015.”
(5) It is expected that the process of globalization of ICANN speeds up leading to a truly international and global organization serving the public interest with an independent status and clear accountability mechanisms that satisfy requirements from both internal stakeholders and the global community.
The active representation from all stakeholders in the ICANN structure from all regions is a key issue in the process of a successful globalization.”
The 1Net.org site continued, and this is where global Legislators must listen, “III. Issues dealing with specific Internet Governance topics of Security and stability” I read to say even they don’t have answers to Security and Stability;
1(c ) While there is “room for new forums and initiatives…experience accumulated by several of them demonstrates that, in order to be effective, any cybersecurity initiative depends on cooperation among different stakeholders, and it cannot be achieved via a single organization or structure.”
(2) says at a time North Korea challenges South Korea, Israel is being threated by its neighbors and Russia just invaded Crimea, “Internet surveillance – Mass and arbitrary surveillance undermines trust in the Internet and trust in the Internet governance ecosystem. Surveillance of communications, their interception, and the collection of personal data, including mass surveillance, interception and collection should be conducted in accordance with states’ obligations under international human rights law. More dialogue is needed on this topic at the international level using forums like IGF and the Human Rights Council aiming to develop a common understanding on all the related aspects.
NETmundial admits there are “several contributions to NETmundial identified points that need further discussion and better understanding” the exact questions Congressmen Marino and Jeffries were seeking answers for during the April 10th Judiciary hearing, that “Different roles and responsibilities of stakeholders in the Internet governance ecosystem, including the meaning and application of equal footing (i)Jurisdiction issues and how they relate to Internet governance (ii) A principle based code of conduct and related indicators for the Internet governance ecosystem.
The 1Net.org “Way Forward” portion of their site says “It is expected that the NETmundial findings and outcomes will feed into other processes and forums, such as WSIS+10, IGF, and all Internet governance discussions held in different organizations and bodies at all levels.” Further, “All the organizations, forums and processes of the Internet governance ecosystem are encouraged to take into account the outcomes of NETmundial.”
Who are WSIS+10, IGF, 1Net.org? Stakeholders, too?
Confirmation of identities is needed before moving forwards. The stakeholders impacting Netmundial, must be named, along with the identities, of individuals not just organizations, supported by the “High-Level Multistakeholder Committee”, composed of ministerial representatives of 12 countries (Argentina, Brazil, France, Ghana, Germany, India, Indonesia, South Africa, South Korea, Tunisia, Turkey and United States of America) plus 12 members of the multistakeholder international community.” Who are they? Global legislators are entitled to know exactly who “This Committee” is, name by name, photo by photo, including name by name, photo by photo of “representatives of the International Telecommunication Union (ITU)) and the Department of Economic and Social Affairs (DESA) of the United Nations, and representation of the European Commission.” A Legislator at the US Congress House Judiciary Committee asked this question, of the CEO of the non-profit ICANN, when testifying before the Committee, predictive as the question was, ‘you are here today Fadi if we make this agreement with you. But tomorrow, when you are gone, if we offshore IANA out of America, what protections do we have when you are gone and the politics of “High-Level Multistakeholder Committee” change? Then what. What protections are in place?”
Protections start with Common Sense, which is not very common, it seems in the world of the Internet of Everything and Corporate and non-profit greed. Common sense says get a 100% handbook created provided to Legislators around the world, making this same decision of transferring global citizens lives Internet of Everything to Unknowns.
100% disclosure of photos, bios, background checks be provided to the international community along with their organizational handbooks, operational procedures or NO. Not gonna happen.
The same criteria applies to exposing photos, bios, background checks and identities of the “Executive Multistakeholder Committee.” The “Executive Multistakeholder Committee” is responsible for the “agenda of the meeting, its format, the call for participants and the management of the received content contributions, ensuring balanced participation of the global community.” There are “nine international members, including representatives of technical, civil and academic communities, the private sector and the Department of Economic and Social Affairs of the United Nations. The Organization of the event is completed by the “Logistics and Organizational Committee and the Council of Governmental Advisors.”
Name them- each and every person- provide photos, bios and background checks. Provide all content contribution submissions the Meeting received- 188 contributions from 46 different countries. This will allow global legislators to see first hand for themselves data they need to read and review, in order to make responsible decisions for their Constituents rather than relying on abbreviated pitches and summations they received from interested parties with agendas.
Respecting the “Multistakeholders” have on going meetings towards accomplishing their end goal, one would have thought, going slow with data release, would have been a no brainer.
It took time to locate this answer. This meeting is a meeting organized in partnership between CGI.br, the Brazilian Internet Steering Committee and /1Net. /1Net is described as “a forum that gathers international entities of the various stakeholders involved with Internet governance.”
Who is /1Net?
Their website states, “/1net provides an inclusive and open platform to discuss Internet governance matters for all those interested (individuals, governments, civil society, academia, technicians, and business. (http://1net.org)
The 1Net.org website says “For the last several years, the leadership of several recognized Internet organizations (ISOC, ICANN, IAB/IETF, IANA, the 5 Regional Internet Registries (RIRs), and W3C; sometimes referred to as the “Internet technical organizations”) have met periodically to promote better coordination between these groups.” /1Net’s website continues “While there have been brief statements issued… after the October 2013 meeting (known as the Montevideo Statement on the Future of Internet Cooperation) made some observations about the Internet which were fairly obvious but hadn’t been documented previously in a clear and consistent manner. High-level points from the Montevideo Statement include:
I have no recollection of 1Net being discussed with the Judiciary Committee. That said I don’t recall Montevideo Statement being discussed either. But its not up to my memory to rely on. There are the submitted testimonies. There are the witness prehearing disclosures that must be made. And then there is the video recording every hearing even when C-Span is not there.
1Net’s site states their purpose is “to provide an inclusive and open venue supporting discussion of Internet governance matters for all those interested (individuals, governments, civil societies, technicians, etc.) 1Net wants to “deliver the results of those discussions to the agendas of established and developing Internet governance institutions.” 1Net’s site states “It is vital that the voices of all contributors be heard and carried forward to help shape the future of the Internet’s governance.”
I believe before this process goes further, this has to happen, name them- each and every person- provide photos, bios and background checks. 100% disclosure along with their organizational handbooks, operational procedures. This has got to happen. And should be easy enough in that “all 1net communications will be held electronically.” The Meeting were streamed online. Summaries of some meetings were prepared and “distributed electronically using our established electronic communication channels.”
Legislators must immediately join on to 1net’s mailing list. Identify the “author organizations of the Montevideo Statement on the Future of Internet Cooperation facilitate this discussion platform.” The 1Net site says “they recognize participation from a large and diverse set of voices is necessary to move Internet governance discussions forward.”
1Net should comply with Legislators request even before Congresswoman Zoe Lofgren gets on a plane to visit ICANN’s headquarters. The 1Net site says, “1Net.org will provide personal information to third parties, government authorities and agencies as and when required to:
(i) comply with applicable laws, regulations, legal process or enforceable governmental request;
(ii) protect 1Net.org's or a third party's legal rights;
(iii) receive contracted services or use of licensed products from third party providers;
(iv) comply with any court order or legal proceeding;
(v) comply with 1Net.org's code of conduct principles;
(vi) detect, prevent or otherwise address fraud or other criminal activity or errors, security or technical issues; or
(vii) protect against imminent harm to the rights, property or safety of 1Net.org, our users or the public as required or permitted by law.”
Legislators need to know, in advance, the 1Net policy for “International Transfers.”
It says “By using our Site or giving 1Net.org personal information online, the User is directly transferring personal information and non-identifiable information to 1Net.org in the United States and may also be transferred and processed in other countries where our staff or service providers are located. The United States and such other countries may not have the same level of data protection as the User's jurisdiction.” Users living outside of America providing 1Net.org with personal information directly via the Site. 1Net site states, “The User is solely responsible for compliance with any data protection or privacy obligations in the User's jurisdiction when using the Site or provide 1Net.org with personal information.”
1Net’s “Information Security and Integrity” advisory says though 1Net.org “will use reasonable industry standard safeguards (which may include physical, procedural and technical measures) to protect against the unauthorized disclosure of personal information it collects and holds. 1Net.org will take reasonable steps to ensure that personal information collected is complete and relevant to its intended use” the User is subject to the Privacy Policies of those third parties websites which 1Net.org disavows responsibility for the 3rd party sites, owners and operators.
1Net.org's Site contains links to other third party websites which are subject to the respective privacy policies of those third parties. 1Net.orgis not responsible for the privacy practices of such linked third party sites, and their owners and operators.
1Net.org Guidelines for Conduct, were updated a month after the Montevideo Agreement, last updated November 16, 2013 (http://1net.org/standards-of-behavior)
NETmundial is the Global Multistakeholder Meeting on the Future of Internet Governance. NETmundial was covered to address (i) Internet Governance Principles and (ii) Roadmap for the future evolution of the Internet Governance Ecosystem.
1Net.org’s Index covers these themes of “Open and distributed architecture, Enabling environment for innovation and creativity, Internet governance process principles addresses Multistakeholder, Open, participative, consensus driven governance, Transparent, Accountable, Inclusive and equitable, Distributed, Collaborative, Enabling meaningful participation, Accessibility and low barriers, Agility, Open standards. 1Net also says the “outline possible steps forward in the process of continuously improving the existing Internet governance framework ensuring the full involvement of all stakeholders… It must be inclusive, transparent and accountable, and its structures and operations must follow an approach that enables the participation of all stakeholders in order to address the interests of all those who benefit from the Internet.”
Except at the Hearing, no one defined who all the Stakeholders are. No one asked. Artists, writers and photographers around the world are entitled to know. We have little more left to be stolen online. The Internet Governance Principles include Human Rights, Freedom of Expression, Freedom of Association, Privacy, Accessibility, Freedom of Information and access to Information, Development, Culture and linguistic diversity, Unified and unfragmented space… what about the ARTS Content creators rights… Identity Rights, Rights of Publicity and, it must be said, our Copyrights.
The agenda for Netmundial is buried deep down into their Principles. Cut to the chase, NEtmundials is another front in the attack on Copyrights & Identity ownership. While NETmundial “talks” about Multistakeholders, those impacted, further by the Internet are not mentioned once- the little people who lives and livings are decimated by the Internet Of Everything- theft of Identity and Intellectual Property online- the entities, the multistakeholders stealing what belongs to Legislators constituents- Silicon Valley’s, San Francisco’s brightest and best. Pew research reports increasing online thefts. Cutting to the chase, I wanted to know who are these “masked men” called Stakeholders stealing people’s identity and intellectual Property?
The answer is simple. It took some reading. The answer to moving IANA out of US territory and possession is NO, a thousand times no.
The Multistakeholders include ITU the International Telecommunication Union, the United Nations specialized agency for information and communication technologies (http://www.itu.int/en/Pages/default.aspx); ICANN; ISOC (http://www.internetsociety.org/); IETF the Internet Engineering Task Force (http://www.ietf.org/); IEEE (http://www.ieee.org/index.html); IGF Internet Governance Forum ( http://www.intgovforum.org/cms/); W3C world wide web consortium (http://www.w3.org/); APNIC (http://www.apnic.net); APRICOT Asia Pacific Regional Internet Conference on Operational Technologies; KISA (http://www.nida.or.kr/kisa/eng/english_ver.html); IAJapan Internet Association Japan (http://www.iajapan.org/); Electronic Network Consortium (http://www.enc.or.jp/eindex.html); IIA Internet Industry Association (http://iia.net.au/); CERT Software Enginneering Institute (http://www.cert.org/); SPAMHOUSE Spam removal (http://www.spamhaus.org/); IPv6 Forum The New Internet (http://www.ipv6forum.com/ Vincent Cerf Honorary Chairman); APIRA Asia Pacific Internet Research Alliance (http://www.apira.org/); GWC (http://en.gwc.net/); IAB (http://www.iab.org/); IETF (http://www.ietf.org/); W3 (http://www.w3.org/); 5 RIRS (http://www.nro.net/) .
A few weeks ago, US Legislators held a hearing on moving IANA away from America. There were no answers as to Judicial oversite. There was no mention of 1Net.org. And when Congresswoman Zoe Lofgren wondered if Vincent Cerf knew about the push to move IANA by 2015. Not one witness at the hearing table said, ‘not only is Cerf on board, he is truly On board, one of the guys high up, way high up.’
Ask one or two witnesses at a hearing a logical question, too often, a 3rd party jumps in changing the topic abruptly or is at the witnesses shoulder within seconds, excusing their need to pull the witness “now.” One doesn’t think too hard seeing, yet again, lobbyists or persons with Non Profit money to burn behind them. Experts Witnesses are placed by parties with vested interest. This people are offered as having Expert Knowledge. Expert Knowledge is not a good thing to gift to often professors in the Internet world especially are the little guy on the streets that will never get called as a witness if they aren’t famous or didn’t lose a child. Losing livelihoods and ability to pay bills, isn’t sexy enough a theme. Yet that is who is being ravaged by this Internet of Everything, owners of Copyrights, Intellectual Property and Identities, stolen, shared and Algorithmed across the Internet. A nice farmer in Wisconsin is being sold as a commodity in France. This comment in fact will be picked up and sold as a PDF, without license or permission, in countries like Germany and Japan, signators on the Berne Convention.
Watching a Hearing can be pain filled. Legislators, mostly, millennial staff, feed the legislators questions to ask. Quoted? New York Times, Washington Post? What ever happened to citing person’s in history or the little man on the street.
Legislators are expected to then rule on issues that change lives. A famous response in American legislative history is former Speaker of The House Nancy Pelosi saying, “you have to read it to find out what’s in it.” That Legislation continues to be written, still. The shift of the IANA out from under the Department of Commerce to the EU is beginning to feel a lot like that moment in American history. Sometimes Legislators just aren’t getting close to asking the right question. Sometimes they ask the right question, they just don’t know that are not being given the right answer.
Like who are the Multistakeholders and what weren’t Legislators being told before Legislators are pushed to vote, were two questions needing to be answered, moreso in the blush of State Department’s disruptive Tweets, and in light of State Department’s supporting entity’s like TOR.
The Answers the Legislators sought were available. Not in that hearing. They are on the 1Net.org website, a name not mentioned during the Hearing or in submitted testimony, like (i) what about security of IANA if moved out of America oversight, (ii) where would be the legal forum for American’s to resolve disputes within, and other questions able to be heard on the Library Of Congress Audio recording of the Hearing that day.
1Net.org clarified a question Legislators asked ICANN’s CEO testifying to convince the US Legislators to released oversight of ICANN from the US Department Of Commerce during the Hearing, “Hearing: Should the Department of Commerce Relinquish Direct Oversight Over ICANN?” chaired by Congressman Tom Marino. Head on the video to 1:53:16+ of Congressman’s questioning of a witness. (http://judiciary.house.gov/index.cfm/2014/4/hearing-should-the-dept-of-commerce-relinquish-direct-oversight-over-icann) (http://judiciary.house.gov/index.cfm/hearings?ID=027833A0-0028-42E2-A14B-B9C8BA2576A6 ) The answer to Congressman Marino’s (R ) and Congressman Jefferies’ (D) question of what do Legislators’ tell their constituents, the answer is here, “Due to the open communication nature of the Internet, 1Net.org cannot represent, warrant or guarantee that communications stored on 1Net.org servers will be free from unauthorized access by third parties, loss, misuse or alterations. While 1Net.org will take reasonable and appropriate security measures to protect against unauthorized access, disclosure, alteration or destruction of personal information received, 1NET.ORG DISCLAIMS ANY AND ALL LIABILITY FOR UNAUTHORIZED ACCESS OR USE OR COMPROMISE OF YOUR PERSONAL INFORMATION. USERS ARE ADVISED THAT THEY SUBMIT SUCH PERSONAL INFORMATION AT THEIR OWN RISK.”
The Secretary of Commerce’s words were misleading. There is no security. There is no protection. There are no guarantees. What takes place on the Internet, as example shows, time and again, is not secure, wont ever be, as long as there is SPAM online, breaches, hacks and Facebook User Message Box’s being overwhelmed with Girls Selling, well, Girls.
What tips the Agenda of NETMundial are the words to enable “environment for innovation and creativity” the “ability to innovate and create hamust continue to allow permissionless innovation through an enabling Internet environment.”
Permissionless- as in Orphan Works, Collective Licensing, Decimating local ability to be self sustaining and maintaining local infrastructures for towns and by its people.?
1Net.org also states its “Standards must be consistent with human rights and allow development and innovation.” Isn’t a Human Right the ability to own their ARTS, protect their copyrights, and not have their identity stolen, Algorithmed or Human Trafficked.
The 1Net.org site states;
“(4) … This transition should be conducted thoughtfully with a focus on maintaining the security and stability of the Internet, empowering the principle of equal participation among all stakeholder groups and striving towards a completed transition by September 2015.”
(5) It is expected that the process of globalization of ICANN speeds up leading to a truly international and global organization serving the public interest with an independent status and clear accountability mechanisms that satisfy requirements from both internal stakeholders and the global community.
The active representation from all stakeholders in the ICANN structure from all regions is a key issue in the process of a successful globalization.”
The 1Net.org site continued, and this is where global Legislators must listen, “III. Issues dealing with specific Internet Governance topics of Security and stability” I read to say even they don’t have answers to Security and Stability;
1(c ) While there is “room for new forums and initiatives…experience accumulated by several of them demonstrates that, in order to be effective, any cybersecurity initiative depends on cooperation among different stakeholders, and it cannot be achieved via a single organization or structure.”
(2) says at a time North Korea challenges South Korea, Israel is being threated by its neighbors and Russia just invaded Crimea, “Internet surveillance – Mass and arbitrary surveillance undermines trust in the Internet and trust in the Internet governance ecosystem. Surveillance of communications, their interception, and the collection of personal data, including mass surveillance, interception and collection should be conducted in accordance with states’ obligations under international human rights law. More dialogue is needed on this topic at the international level using forums like IGF and the Human Rights Council aiming to develop a common understanding on all the related aspects.
NETmundial admits there are “several contributions to NETmundial identified points that need further discussion and better understanding” the exact questions Congressmen Marino and Jeffries were seeking answers for during the April 10th Judiciary hearing, that “Different roles and responsibilities of stakeholders in the Internet governance ecosystem, including the meaning and application of equal footing (i)Jurisdiction issues and how they relate to Internet governance (ii) A principle based code of conduct and related indicators for the Internet governance ecosystem.
The 1Net.org “Way Forward” portion of their site says “It is expected that the NETmundial findings and outcomes will feed into other processes and forums, such as WSIS+10, IGF, and all Internet governance discussions held in different organizations and bodies at all levels.” Further, “All the organizations, forums and processes of the Internet governance ecosystem are encouraged to take into account the outcomes of NETmundial.”
Who are WSIS+10, IGF, 1Net.org? Stakeholders, too?
Confirmation of identities is needed before moving forwards. The stakeholders impacting Netmundial, must be named, along with the identities, of individuals not just organizations, supported by the “High-Level Multistakeholder Committee”, composed of ministerial representatives of 12 countries (Argentina, Brazil, France, Ghana, Germany, India, Indonesia, South Africa, South Korea, Tunisia, Turkey and United States of America) plus 12 members of the multistakeholder international community.” Who are they? Global legislators are entitled to know exactly who “This Committee” is, name by name, photo by photo, including name by name, photo by photo of “representatives of the International Telecommunication Union (ITU)) and the Department of Economic and Social Affairs (DESA) of the United Nations, and representation of the European Commission.” A Legislator at the US Congress House Judiciary Committee asked this question, of the CEO of the non-profit ICANN, when testifying before the Committee, predictive as the question was, ‘you are here today Fadi if we make this agreement with you. But tomorrow, when you are gone, if we offshore IANA out of America, what protections do we have when you are gone and the politics of “High-Level Multistakeholder Committee” change? Then what. What protections are in place?”
Protections start with Common Sense, which is not very common, it seems in the world of the Internet of Everything and Corporate and non-profit greed. Common sense says get a 100% handbook created provided to Legislators around the world, making this same decision of transferring global citizens lives Internet of Everything to Unknowns.
100% disclosure of photos, bios, background checks be provided to the international community along with their organizational handbooks, operational procedures or NO. Not gonna happen.
The same criteria applies to exposing photos, bios, background checks and identities of the “Executive Multistakeholder Committee.” The “Executive Multistakeholder Committee” is responsible for the “agenda of the meeting, its format, the call for participants and the management of the received content contributions, ensuring balanced participation of the global community.” There are “nine international members, including representatives of technical, civil and academic communities, the private sector and the Department of Economic and Social Affairs of the United Nations. The Organization of the event is completed by the “Logistics and Organizational Committee and the Council of Governmental Advisors.”
Name them- each and every person- provide photos, bios and background checks. Provide all content contribution submissions the Meeting received- 188 contributions from 46 different countries. This will allow global legislators to see first hand for themselves data they need to read and review, in order to make responsible decisions for their Constituents rather than relying on abbreviated pitches and summations they received from interested parties with agendas.
Respecting the “Multistakeholders” have on going meetings towards accomplishing their end goal, one would have thought, going slow with data release, would have been a no brainer.
It took time to locate this answer. This meeting is a meeting organized in partnership between CGI.br, the Brazilian Internet Steering Committee and /1Net. /1Net is described as “a forum that gathers international entities of the various stakeholders involved with Internet governance.”
Who is /1Net?
Their website states, “/1net provides an inclusive and open platform to discuss Internet governance matters for all those interested (individuals, governments, civil society, academia, technicians, and business. (http://1net.org)
The 1Net.org website says “For the last several years, the leadership of several recognized Internet organizations (ISOC, ICANN, IAB/IETF, IANA, the 5 Regional Internet Registries (RIRs), and W3C; sometimes referred to as the “Internet technical organizations”) have met periodically to promote better coordination between these groups.” /1Net’s website continues “While there have been brief statements issued… after the October 2013 meeting (known as the Montevideo Statement on the Future of Internet Cooperation) made some observations about the Internet which were fairly obvious but hadn’t been documented previously in a clear and consistent manner. High-level points from the Montevideo Statement include:
- Importance of globally coherent Internet operations
- Concern over Internet fragmentation at a national level
- Strong concern over pervasive monitoring and surveillance
- Ongoing need to address Internet Governance challenges
- Need for evolution of global multi-stakeholder Internet cooperation
- Need for globalization of ICANN and IANA functions
- Need to allow all stakeholders (including governments) to participate equally
- Need for the transition to IPv6 to remain a top priority globally”
I have no recollection of 1Net being discussed with the Judiciary Committee. That said I don’t recall Montevideo Statement being discussed either. But its not up to my memory to rely on. There are the submitted testimonies. There are the witness prehearing disclosures that must be made. And then there is the video recording every hearing even when C-Span is not there.
1Net’s site states their purpose is “to provide an inclusive and open venue supporting discussion of Internet governance matters for all those interested (individuals, governments, civil societies, technicians, etc.) 1Net wants to “deliver the results of those discussions to the agendas of established and developing Internet governance institutions.” 1Net’s site states “It is vital that the voices of all contributors be heard and carried forward to help shape the future of the Internet’s governance.”
I believe before this process goes further, this has to happen, name them- each and every person- provide photos, bios and background checks. 100% disclosure along with their organizational handbooks, operational procedures. This has got to happen. And should be easy enough in that “all 1net communications will be held electronically.” The Meeting were streamed online. Summaries of some meetings were prepared and “distributed electronically using our established electronic communication channels.”
Legislators must immediately join on to 1net’s mailing list. Identify the “author organizations of the Montevideo Statement on the Future of Internet Cooperation facilitate this discussion platform.” The 1Net site says “they recognize participation from a large and diverse set of voices is necessary to move Internet governance discussions forward.”
1Net should comply with Legislators request even before Congresswoman Zoe Lofgren gets on a plane to visit ICANN’s headquarters. The 1Net site says, “1Net.org will provide personal information to third parties, government authorities and agencies as and when required to:
(i) comply with applicable laws, regulations, legal process or enforceable governmental request;
(ii) protect 1Net.org's or a third party's legal rights;
(iii) receive contracted services or use of licensed products from third party providers;
(iv) comply with any court order or legal proceeding;
(v) comply with 1Net.org's code of conduct principles;
(vi) detect, prevent or otherwise address fraud or other criminal activity or errors, security or technical issues; or
(vii) protect against imminent harm to the rights, property or safety of 1Net.org, our users or the public as required or permitted by law.”
Legislators need to know, in advance, the 1Net policy for “International Transfers.”
It says “By using our Site or giving 1Net.org personal information online, the User is directly transferring personal information and non-identifiable information to 1Net.org in the United States and may also be transferred and processed in other countries where our staff or service providers are located. The United States and such other countries may not have the same level of data protection as the User's jurisdiction.” Users living outside of America providing 1Net.org with personal information directly via the Site. 1Net site states, “The User is solely responsible for compliance with any data protection or privacy obligations in the User's jurisdiction when using the Site or provide 1Net.org with personal information.”
1Net’s “Information Security and Integrity” advisory says though 1Net.org “will use reasonable industry standard safeguards (which may include physical, procedural and technical measures) to protect against the unauthorized disclosure of personal information it collects and holds. 1Net.org will take reasonable steps to ensure that personal information collected is complete and relevant to its intended use” the User is subject to the Privacy Policies of those third parties websites which 1Net.org disavows responsibility for the 3rd party sites, owners and operators.
1Net.org's Site contains links to other third party websites which are subject to the respective privacy policies of those third parties. 1Net.orgis not responsible for the privacy practices of such linked third party sites, and their owners and operators.
1Net.org Guidelines for Conduct, were updated a month after the Montevideo Agreement, last updated November 16, 2013 (http://1net.org/standards-of-behavior)
NETmundial is the Global Multistakeholder Meeting on the Future of Internet Governance. NETmundial was covered to address (i) Internet Governance Principles and (ii) Roadmap for the future evolution of the Internet Governance Ecosystem.
1Net.org’s Index covers these themes of “Open and distributed architecture, Enabling environment for innovation and creativity, Internet governance process principles addresses Multistakeholder, Open, participative, consensus driven governance, Transparent, Accountable, Inclusive and equitable, Distributed, Collaborative, Enabling meaningful participation, Accessibility and low barriers, Agility, Open standards. 1Net also says the “outline possible steps forward in the process of continuously improving the existing Internet governance framework ensuring the full involvement of all stakeholders… It must be inclusive, transparent and accountable, and its structures and operations must follow an approach that enables the participation of all stakeholders in order to address the interests of all those who benefit from the Internet.”
Except at the Hearing, no one defined who all the Stakeholders are. No one asked. Artists, writers and photographers around the world are entitled to know. We have little more left to be stolen online. The Internet Governance Principles include Human Rights, Freedom of Expression, Freedom of Association, Privacy, Accessibility, Freedom of Information and access to Information, Development, Culture and linguistic diversity, Unified and unfragmented space… what about the ARTS Content creators rights… Identity Rights, Rights of Publicity and, it must be said, our Copyrights.
_______________________________________________________________
ONE WORD... COMMENT FILED ADRESSING SINGAPORE COPYRIGHT REFORM (c) Carrie Devorah :
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The word is not Piracy. Online or off, the word is Stealing. And that's a Crime.
Stealing Intellectual Property is a global issue. To get protection of Content Owners moving forward the first thing that must be done is get the Signers of the Berne Convention on the same page.
No more Piracy No more Infringement No more File Sharing No more Hacking Those are new words that have sex appeal when they trip off Legislators lips. Those words have NO connection to Laws on the books. Piracy, Infringement, File Sharing are Stealing. Hacking is Breaking & Entering. Trolling? Well, as lovely as it is to conjure images of story book Trolls, trolling is stealing too except in a world that has allowed itself to be tripped upside down, the real Trolls are the entity and people trying to take away an owner’s right to their IP, Intellectual Property, their Patent that has a period of time of exclusive ownership. Don’t like that? Well, then leave it and go create it yourself. But that is not the way of the world Technology has turned upside down. Don’t take it from me. Take this wisdom from the young man cited as saying even 99 cents was too much to pay.
That said, well is it? There is a punishment for the Crime. It is in the books of every country that is signed to the Berne Convention. There are price points at which crimes have levels of punishment- below $400 and above, greater than 50K or more. There are punishments on the books for crimes committed through the wires and by mail. Enforce these laws, theft will mitigate. Preserve don’t change historic laws in that the more things change the more they stay the same. Human nature is what it is- trusting and with some, deceitful to their core. Technology was established to capitalize on this reality.
If online stealing which feeds offline counterfeiting is to stop, there is one and only one tactic to take. Cut the head off the Hydra. Go after the private companies that built the Internet with all intent to exploit human nature, disrupting lives and models. For all of the talk at events I attend, hearings and matter I read online, it seems other than Technology profiting here, the others making the money are entities and people hosting more of these forums all the while the problem is getting worse and not better.
Legislators in America are sloooooowwwwwwwly coming to the reality I describe above. What to do? It is simple. Technology exists to stop online infringements. Technology exists to let Content owners know their site has been compromised. Technology innovators must implement the following recommendations and then? Technology (meaning the Founders, entities and individuals driving this scourge) to offline offshoring of profits must set up a fund into which monies will be channeled. Following the model established by President Obama following the BP oil spill where a $20 Billion escrow account was set up [www.cnn.com/2010/US/06/16/obama.bp.escrow/ ], the same should be considered here with great great concern though too. As with BP, where money is Fraud follows, even with Ken Feinberg in charge, fraudsters come out of the woodwork, but this is a start.
Holding Tech Execs accountable for abuse of Fair Use and Safe Harbor will be interesting in that the very technologies they have created to stalk, chalk, algorithm, market, advertise plus is going to be their downfalls, in an Internet world where they acknowledge they store everything about us online, so too, it is to be expected that everything about them is online, too. If not, well, there is a law for that. It is called Tampering With Evidence.
As for me, I am putting in my invoice here and now for Identity Theft (bundled with Spokeo, 123people.com and Yatedo for Starters), my racing story used without permission by Freelibrary, my PDF’s printed and sold from Germany by YUMPU, my Hebrew calligraphy book being sold around the world even out of Japan at $400 a pop. I want a piece of that action. But what I want is to stand before the Peace Palace in the Hague and bring the suit that everyone should be in line behind me to bring- against all the Tech Titans- Google, Bing, Yahoo, AOL, plus each of who are facilitating trafficking of my name and my IP, globally amongst other Signators of the Berne Convention.
Yatedo tells me to “take control of my Profile.” [http://www.yatedo.com/p/Carrie+Devorah/normal/2953ae4433b5d62fbc157d066c8cd8a9 ] Why should I? Why wasn’t a law on the books written, first requiring them to contact me and ask me by email if I wanted to participate rather than after the fact? This here is my taking control of my profile. Paraphrasing Ronald Reagan….”Tear down that Virtual Wall.”
The next mandate I would wave my want to implement are the steps that will stop, well, mitigate the exponential exploding of IP Theft of all types. 1. Speedbumps against stealing 2. Lockdown pages 3. Require sites to provide Alerts and ISP captures. And then I would require every legislator to disclose what tech company holdings they, and family members own and job affiliations too, to assure there has been arms length honesty on the issue of IP, ID and Commerce theft too. Can this be done quickly? Well, speaking for America all we need is Mr. Obama to sign an Executive Order. Would be done in a flick of a pen, sort of funny, when you think of it in his Hi Tech world but also a testament to some things, like Traditions and Laws should be preserved.
The kid that thinks 99 cents is too much to pay will be hit with a reality check when he wants to buy things…ahhh the virtue of Crypto currency. Watermarks have gone the way of the dinosaur. People who steal content seem to relish in the Stolen Property having the Cachet of a Seal of Approval. Keeps the Content Cops at bay until someone connects the dots and realizes that use was without permission or license.
1. Speedbumps against stealing are websites like Forbes magazine with pop ups that need to be clicked away. Forbes pop up at least provides a motivational phrase.
2. Lockdown pages are the technology that seals a page so an image cannot be pulled off. Each and every friggin’ Search Engine “Images” page should be under order to have Lock Down pages in place within 24 hours.
3. If Virus’ and Malware can be announced with Pop Ups when they are captured, then so too can the software be retooled to announce when Bots are stealing content. Tell you me why is it my Virus Detector lets me know if there is a Trojan nearby and not a Spider Bot. The answer is a no brainer, by design.
4. All online entities capturing personal data that is bundled for sale must immediately be called on the carpet for what they are doing, albeit Techie style. They are involved in Human Trafficking. Call it what you will but a pig is a pig is a
pig and not an Elephant. The elements of Human Trafficking are met here. In fact, one chap from State, a year back looked at me pondering, when I said that, conceding I was right. Don’t take it from me. Take it from the horse’s mouth [https://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html?ref=menuside ]
What is Human Trafficking? Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs
Stop the talks about Orphan Works, collective licensing and all that nonsense. What is happening is the little people are being hurt. Remember, all the big corporations started because One person had an idea. Orphan Works is no different than a fence removing ID from the stolen item. Tech developed bots to remove the Metadata. Collective licensing is socialism at its core, taking away a Property right each of our governments gave us. If all these ideas are so cool, then I challenge legislators to pick out items they own that are near and dear to them and give them away, after all you have owned them long enough, too. That is what IP theft is, after all, items we cherish. And don’t stop yet. Next, you will work next month. At the end of the month, you will hand your paycheck over to me. You have earned enough. Off point from IP theft. Totally on point because the right of a Content Creator is to create and profit from their Commerce. Governments micromanaging our property right is tantamount to IP Theft too.
If legislators had not become greedy and sought to please entities and people who failed to make complete disclosures then the “My Bad” is on Legislators for not have the noggin to ask the right questions at the get go.
Public education for IP Theft? Enforcing Criminal Law. They don’t have money you say to pay the fine. Everyone does. It may not be dollars and cents in the bank. Tell them if you take something that belongs to someone else without asking permission FIRST and in writing, then you are conceding to giving up something you own that you treasure.
The only appropriate regulatory measure is to bring back a culture of etiquette that says please and thank you and respects when someone says no. Listen, for all of the money spent on trying to raise public awareness, be it anywhere in the world including Singapore, the fact is, the Internet is so overloaded with things to click, the things that count are way down on the adsense count.
Take down notices are a waste of time. Do you really feel someone is threatened by a letter? All the thief does is take the letter then post it online in an attempt to embarrass the Rights Owner. Better yet, send a take down letter to a Search Engine, that letter will make an appearance on Chilling Effects as did my
I did tell the reps from WIPO at a USPTO event, “privacy” and “TOS” clicks should NEVER be at the bottom. No one reads to the bottom of a page. You know that. There should also, at the top of the page, be the WARNING in loud and Red stating the frauds that are known to have happened that just don’t get the airtime they need. If I had not asked the man about Frauds online in a Patent system, he never would have raced to bring out the Fraud examples he has been collecting- people that steal the Identity of the Patent system to which unsuspecting Patent owners send payments etc.
There is one more reality governments must cop to here and now- the trashing of investments made into Trademarks and Branding by the emergence of the competitive parallel product called “domains.” How do Governments justify to stakeholders that have spent hundreds, thousands, millions, even just a dollar developing a brand name, only to have the continuing rollout of domains. This system was deceptive at its get go for failing to disclose this newest product was under development, that people could buy and hoard names that belong to others- ie for example sake only “Coca Cola” being squatted on as cocacola.com That never should have happened. The trademark owners should have been given a right of first refusal to buy and preserve their investment.
So, for starters, get Laws, Legislators and Enforcement on one page. Call File Sharing, Hacking, Infringement, what they are- S T E A L I N G- which is a crime. Now, with you all there, the playing field is level for something Global to be done.
I made a statement at the MIP Patent Forum held at the Willard Hotel in DC. I sat stunned at the complexity of the system the EU had designed to handle the Stakeholders wide expected Patent Issues that will arise. From local to regional to three seats of the higher courts, I asked one question. The answer, “good question, I hadn’t thought of that” was responsive to my question “with all the time and money that has been spent designing this system, what has been done to mitigate the exponential problems if the course this ship called IP Theft is not changed.”
Remember the answer as you move forward to do mimic the implementations of IP we are seeing rolled in to place around the world… they hadn’t thought of how to stop the problem. I have. Loop the lasso around the ankles of the Tech Giants, and…. Patience… wait….. YANK!!!! Will they all come tumbling down? If the recommendations I’ve made are considered into play, not at all. A stronger platform will have been made. Cities, towns, counties and countries will once again have their monies back with which to build infrastructure. Economies will re-balance. And common sense will rule the world, once again.
If not?
Pray…….
Stealing Intellectual Property is a global issue. To get protection of Content Owners moving forward the first thing that must be done is get the Signers of the Berne Convention on the same page.
No more Piracy No more Infringement No more File Sharing No more Hacking Those are new words that have sex appeal when they trip off Legislators lips. Those words have NO connection to Laws on the books. Piracy, Infringement, File Sharing are Stealing. Hacking is Breaking & Entering. Trolling? Well, as lovely as it is to conjure images of story book Trolls, trolling is stealing too except in a world that has allowed itself to be tripped upside down, the real Trolls are the entity and people trying to take away an owner’s right to their IP, Intellectual Property, their Patent that has a period of time of exclusive ownership. Don’t like that? Well, then leave it and go create it yourself. But that is not the way of the world Technology has turned upside down. Don’t take it from me. Take this wisdom from the young man cited as saying even 99 cents was too much to pay.
That said, well is it? There is a punishment for the Crime. It is in the books of every country that is signed to the Berne Convention. There are price points at which crimes have levels of punishment- below $400 and above, greater than 50K or more. There are punishments on the books for crimes committed through the wires and by mail. Enforce these laws, theft will mitigate. Preserve don’t change historic laws in that the more things change the more they stay the same. Human nature is what it is- trusting and with some, deceitful to their core. Technology was established to capitalize on this reality.
If online stealing which feeds offline counterfeiting is to stop, there is one and only one tactic to take. Cut the head off the Hydra. Go after the private companies that built the Internet with all intent to exploit human nature, disrupting lives and models. For all of the talk at events I attend, hearings and matter I read online, it seems other than Technology profiting here, the others making the money are entities and people hosting more of these forums all the while the problem is getting worse and not better.
Legislators in America are sloooooowwwwwwwly coming to the reality I describe above. What to do? It is simple. Technology exists to stop online infringements. Technology exists to let Content owners know their site has been compromised. Technology innovators must implement the following recommendations and then? Technology (meaning the Founders, entities and individuals driving this scourge) to offline offshoring of profits must set up a fund into which monies will be channeled. Following the model established by President Obama following the BP oil spill where a $20 Billion escrow account was set up [www.cnn.com/2010/US/06/16/obama.bp.escrow/ ], the same should be considered here with great great concern though too. As with BP, where money is Fraud follows, even with Ken Feinberg in charge, fraudsters come out of the woodwork, but this is a start.
Holding Tech Execs accountable for abuse of Fair Use and Safe Harbor will be interesting in that the very technologies they have created to stalk, chalk, algorithm, market, advertise plus is going to be their downfalls, in an Internet world where they acknowledge they store everything about us online, so too, it is to be expected that everything about them is online, too. If not, well, there is a law for that. It is called Tampering With Evidence.
As for me, I am putting in my invoice here and now for Identity Theft (bundled with Spokeo, 123people.com and Yatedo for Starters), my racing story used without permission by Freelibrary, my PDF’s printed and sold from Germany by YUMPU, my Hebrew calligraphy book being sold around the world even out of Japan at $400 a pop. I want a piece of that action. But what I want is to stand before the Peace Palace in the Hague and bring the suit that everyone should be in line behind me to bring- against all the Tech Titans- Google, Bing, Yahoo, AOL, plus each of who are facilitating trafficking of my name and my IP, globally amongst other Signators of the Berne Convention.
Yatedo tells me to “take control of my Profile.” [http://www.yatedo.com/p/Carrie+Devorah/normal/2953ae4433b5d62fbc157d066c8cd8a9 ] Why should I? Why wasn’t a law on the books written, first requiring them to contact me and ask me by email if I wanted to participate rather than after the fact? This here is my taking control of my profile. Paraphrasing Ronald Reagan….”Tear down that Virtual Wall.”
The next mandate I would wave my want to implement are the steps that will stop, well, mitigate the exponential exploding of IP Theft of all types. 1. Speedbumps against stealing 2. Lockdown pages 3. Require sites to provide Alerts and ISP captures. And then I would require every legislator to disclose what tech company holdings they, and family members own and job affiliations too, to assure there has been arms length honesty on the issue of IP, ID and Commerce theft too. Can this be done quickly? Well, speaking for America all we need is Mr. Obama to sign an Executive Order. Would be done in a flick of a pen, sort of funny, when you think of it in his Hi Tech world but also a testament to some things, like Traditions and Laws should be preserved.
The kid that thinks 99 cents is too much to pay will be hit with a reality check when he wants to buy things…ahhh the virtue of Crypto currency. Watermarks have gone the way of the dinosaur. People who steal content seem to relish in the Stolen Property having the Cachet of a Seal of Approval. Keeps the Content Cops at bay until someone connects the dots and realizes that use was without permission or license.
1. Speedbumps against stealing are websites like Forbes magazine with pop ups that need to be clicked away. Forbes pop up at least provides a motivational phrase.
2. Lockdown pages are the technology that seals a page so an image cannot be pulled off. Each and every friggin’ Search Engine “Images” page should be under order to have Lock Down pages in place within 24 hours.
3. If Virus’ and Malware can be announced with Pop Ups when they are captured, then so too can the software be retooled to announce when Bots are stealing content. Tell you me why is it my Virus Detector lets me know if there is a Trojan nearby and not a Spider Bot. The answer is a no brainer, by design.
4. All online entities capturing personal data that is bundled for sale must immediately be called on the carpet for what they are doing, albeit Techie style. They are involved in Human Trafficking. Call it what you will but a pig is a pig is a
pig and not an Elephant. The elements of Human Trafficking are met here. In fact, one chap from State, a year back looked at me pondering, when I said that, conceding I was right. Don’t take it from me. Take it from the horse’s mouth [https://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html?ref=menuside ]
What is Human Trafficking? Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs
Stop the talks about Orphan Works, collective licensing and all that nonsense. What is happening is the little people are being hurt. Remember, all the big corporations started because One person had an idea. Orphan Works is no different than a fence removing ID from the stolen item. Tech developed bots to remove the Metadata. Collective licensing is socialism at its core, taking away a Property right each of our governments gave us. If all these ideas are so cool, then I challenge legislators to pick out items they own that are near and dear to them and give them away, after all you have owned them long enough, too. That is what IP theft is, after all, items we cherish. And don’t stop yet. Next, you will work next month. At the end of the month, you will hand your paycheck over to me. You have earned enough. Off point from IP theft. Totally on point because the right of a Content Creator is to create and profit from their Commerce. Governments micromanaging our property right is tantamount to IP Theft too.
If legislators had not become greedy and sought to please entities and people who failed to make complete disclosures then the “My Bad” is on Legislators for not have the noggin to ask the right questions at the get go.
Public education for IP Theft? Enforcing Criminal Law. They don’t have money you say to pay the fine. Everyone does. It may not be dollars and cents in the bank. Tell them if you take something that belongs to someone else without asking permission FIRST and in writing, then you are conceding to giving up something you own that you treasure.
The only appropriate regulatory measure is to bring back a culture of etiquette that says please and thank you and respects when someone says no. Listen, for all of the money spent on trying to raise public awareness, be it anywhere in the world including Singapore, the fact is, the Internet is so overloaded with things to click, the things that count are way down on the adsense count.
Take down notices are a waste of time. Do you really feel someone is threatened by a letter? All the thief does is take the letter then post it online in an attempt to embarrass the Rights Owner. Better yet, send a take down letter to a Search Engine, that letter will make an appearance on Chilling Effects as did my
I did tell the reps from WIPO at a USPTO event, “privacy” and “TOS” clicks should NEVER be at the bottom. No one reads to the bottom of a page. You know that. There should also, at the top of the page, be the WARNING in loud and Red stating the frauds that are known to have happened that just don’t get the airtime they need. If I had not asked the man about Frauds online in a Patent system, he never would have raced to bring out the Fraud examples he has been collecting- people that steal the Identity of the Patent system to which unsuspecting Patent owners send payments etc.
There is one more reality governments must cop to here and now- the trashing of investments made into Trademarks and Branding by the emergence of the competitive parallel product called “domains.” How do Governments justify to stakeholders that have spent hundreds, thousands, millions, even just a dollar developing a brand name, only to have the continuing rollout of domains. This system was deceptive at its get go for failing to disclose this newest product was under development, that people could buy and hoard names that belong to others- ie for example sake only “Coca Cola” being squatted on as cocacola.com That never should have happened. The trademark owners should have been given a right of first refusal to buy and preserve their investment.
So, for starters, get Laws, Legislators and Enforcement on one page. Call File Sharing, Hacking, Infringement, what they are- S T E A L I N G- which is a crime. Now, with you all there, the playing field is level for something Global to be done.
I made a statement at the MIP Patent Forum held at the Willard Hotel in DC. I sat stunned at the complexity of the system the EU had designed to handle the Stakeholders wide expected Patent Issues that will arise. From local to regional to three seats of the higher courts, I asked one question. The answer, “good question, I hadn’t thought of that” was responsive to my question “with all the time and money that has been spent designing this system, what has been done to mitigate the exponential problems if the course this ship called IP Theft is not changed.”
Remember the answer as you move forward to do mimic the implementations of IP we are seeing rolled in to place around the world… they hadn’t thought of how to stop the problem. I have. Loop the lasso around the ankles of the Tech Giants, and…. Patience… wait….. YANK!!!! Will they all come tumbling down? If the recommendations I’ve made are considered into play, not at all. A stronger platform will have been made. Cities, towns, counties and countries will once again have their monies back with which to build infrastructure. Economies will re-balance. And common sense will rule the world, once again.
If not?
Pray…….
_______________________________________________________________
ABSTRACT: THE GROUNDWORK OF CREATING A NEW ECONOMY
(c) Carrie Devorah
_______________________________________________________________
__________________________________________________________
PUBLIC CONSULTATION ON THE REVIEW OF THE EU COPYRIGHT RULES
(c) Carrie Devorah : __________________________________________________________
© Carrie Devorah
THE CENTER FOR COPYRIGHT INTEGRITY
www.centerforcopyrightintegrity.com
May Be Reprinted Only Under License
Fair Use must be applied for and Granted
All other use is unauthorized
In 1764, Cesare, Marquis of Beccaria-Bonesana an unknown Italian jurist, philosopher and politician, wrote a single treatise the world still uses to guide criminal justice.
Long before Beccaria wrote his treatise, the Magna Carta was written. ing June 15, 1215, in a field at Runnymede, 40 rebellious barons demanded King John affix his seal to a document, the Magna Carta, also called The Great Charter of the Liberties of England, the Magna Carta Libertatum. Two principles expressed in Magna Carta resonate to this day, in America, like many other great ideas aka Content, America has ‘borrowed’ from the EU- coinless parking metering, bikeshare, countless parodies of the Beatles, “The Office”, “Robin’s Nest” and countless other remakes of UK shows. Robin’s Nest? C’mon. Three’s Company starring the late John Ritter. “The Office”? Called “The Office”, not much of a stretch needed there. [http://en.wikipedia.org/wiki/List_of_American_television_series_based_on_British_television_series ]
The two principles expressed in Magna Carta that inspired Americans fighting the American Revolution, are, "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land," and "To no one will We sell, to no one will We deny or delay, right or justice." These Rights are guaranteed in the Magna Carta in the Laws of the Revolutionists states, then into the US Constitution and the Bill of Rights.” The Fifth Amendment descends from the Magna Carta’s guarantee of proceedings according to the “law of the land.” The Fifth Amendment states, “no person shall . . . be deprived of life, liberty, or property, without due process of law." [http://www.centerforcopyrightintegrity.com/magna-carta-the-grandmother-of-ip.html ]
Cesare Beccaria’s "On Crimes and Punishments" impacted the US Constitution, Bill of Rights and Judicial system in influencing the foundation of criminology which were built and expanded from Beccaria’s theories on arrest, prosecution and punishment.
In the treatise, Beccaria addressed preventing crime in his treatise "On Crimes and Punishments." Beccaria believed preventing crime was better than punishing criminals for their crimes. Beccaria’s Nine Principles a Society needs to effectively prevent crime are:
1) the laws must be clear and simple
2) the entire nation must be united in defense
3) the laws are against men, and women, not classes of men and women
4) the laws must be feared by the men and women in society, nothing less
5) the men and women, society, need to know for sure what the outcome of crime is IF they decide to risk breaking a law
6) the men and women need to know what the law in that knowing is part of the enlightenment of liberty
7) virtue has to be rewarded
8) the people need to be educated
9) the magistracy as a whole must observe and not corrupt the laws
How the hell could a Well Laid plan go so wrong in the IOE, the Internet of Everything age, where centuries old legal concepts are being torn apart by Legislators who don’t take time to educate the public of their ancestry that got them to here with rights that began in humble beginnings, actually, even earlier than Forty Barons and a King in a muddy field off Runnymede. Seven hundred and ninety nine years, in the least, being tossed down the toilet because of something called the Internet of Things, that sounds great in forward looking SEC Filings but, in the real world of people trying to make a living doing what they love, isnt really turning out so great, is it.
Beccaria’s treatise concerned the criminal justice system. The criminal justice system is beginning to concern Legislators on Capitol Hill in America. One such Congressman, a Republican, is beginning to awaken to the IOT, Internet of Everything, being an IOEC, Internet of Every Crime- Intellectual Property Theft, Identity Theft, Human Trafficking, Money Laundering, the list goes on and on, AS does the list of goods the private companies have on every citizen of the world with an online presence. “They” know who you are, where you are, what you said to whom, when and, don’t be amazed, if one day the IOT shuts down with the global IOEC and disappear. Unlikely? Think SOPA [ www.sopastrike.com ]
In a way, Beccaria was a Snowden before his time. Because Beccaria feared political backlash, he anonymously wrote, his 1764 treatise "On Crimes and Punishments," so it was to the point and clearly understood, a lesson the EU Commission should take heed of in that the solicitation of this Public Consultation was NOT written in words understood by the Public the EU Commission seeks review from. "On Crimes and Punishments," was reprinted in many languages around the globe, influencing creation and reform of penal systems.
Beccaria crafted his treatise like a three legged stool. All legs are needed so the stool doesn’t fall over. Points in this treatise include:
(1) all individuals have freewill and make choices with freewill
(2) all individuals rationally look out for their own personal satisfaction, which must be grasped to understand the relationship between laws and crime ie. see a cop on the beat? A criminal may decide to not commit the crime individuals rationally look out for their own interest which may include deviant acts and breaking the law, the goal being to stop deviant acts and laws being broken
(3) People are predictable and controllable even when pursuing self interest
So the job of the Criminal Justice System, knowing people are predictable is to facilitate the Person’s rational thought in pursuing personal pleasure and facilitate their deciding that Deviant Acts and Breaking the Law is not a decision in their best interest. Global legislators role is to define the right threatening punishment, for each committable Internet Age crime, that will make Internet Users think twice if they don’t want to do the “Time” or pay the “Dime.”
But people are people. And people take risks convincing themselves THEY are the one who wont get caught. In an Internet age, as Law Enforcement has never experienced before, unless Global Legislators get their proverbial acts together, catching a thief, nears becoming impossible in the Internet world of Aliases, Snapchats (disappearing conversations), Bitcoins (cryptocurrency that does not exist), Avatars (every one can “be” David Beckham or Posh by taking their ID, Identity photo and Right of Publicity that team owners and agents explain away citing it builds a Fan Base- tweet that, Kim Kardashian, or whoever on Team Kim K Brand, is paid to do a million things a normal human person could not accomplish in a month let alone an hour).
Team EU Commission must make the Punishment greater than the pleasure the person thinks they will get from doing the dastardly or committing the crime, ie in the IOT, Internet of Everything, 2D ARTS Creators IP, Intellectual Property, ID, Identity, Content and Commerce. Team EU Commission, Team Parliament, Team Congress and all Legislators signed on to the Berne Convention must get on the same page. There are no borders in the Internet of Everything. An online programmer in Belarus is being sought for gumming up a billion dollar healthcare system.
[ http://www.washingtontimes.com/news/2014/feb/4/us-intel-warns-belarus-hand-obamacare/?utm_source=RSS_Feed&utm_medium=RSS ] Such is the way of Telecommuting in the IOT age, the Internet of Everything, where “bosses” may never met “employees” or “work for hires” and where a lonely unhappily married man in Connecticut can pretend to be a staff lawyer working for Senator Blumenthal using an Avatar through a dating site that was never vetted for authenticity. Tribute photos of Heroes fallen in current conflicts are discovered on dating websites.
Due diligence is fallen to the wayside. Security, Crime and Punishment are the FIRST conversation the Review of the EU Copyright Rules should have addressed. Beccaria wrote, “"when the number of those who can understand the sacred code of laws and hold it in their hands increases, the frequency of crimes will be found to decrease, for undoubtedly ignorance and uncertainly of punishments add much to the eloquence of the passions" ( pg. 17)
The “Where to start” to address online Copyright Enforcement, Identity Theft, Human Trafficking, online Alias’, money-laundering is to revisit, the Berne Convention. [http://www.centerforcopyrightintegrity.com/the-berne-convention--where-america-joined-late.html ] Let’s get real. With ALL the laws on the books with more laws being made daily because some Legislator somewhere thinks they have an even better idea than the idea that didn’t work before, the last thing the world of Intellectual Property needs is YET another new law. WHAT the world of Intellectual Property needs are the admission that laws really are One Cite Fits All- steal, it’s a crime! Pretend to be someone else, it’s a crime! Lie, to get money from people, it’s a crime. The menu of punishment may change but here is the example of a colleague of mine from London, who focused on getting Mounted Officers from around the UK on to the same “Command page” so, if and when, officers were imported to regions of the UK to assist with upcoming protests or the like, the officers all knew that, for example, “Red Fish” meant woman with red hair in fishnet stockings, and “Blue Fish” meant, well, wink, the man ogling her (with no hope. There is a little bit of Benny Hill in everyone even in a treatise such as this.) The need for uniform command across the UK was to get the job done, effectively. The EU Commission must get this Internet Oversight Job done correctly.
As for Alan Hiscox, the officer I refer to? I heard he retired. Lectured and taught around the world. If I had one man to bring on board for oversite here, I would hope he is still alive and make him an offer he cannot refuse…. Financially, I do mean, because what the EU put out in this review flies in the reality when Legislators know that “too many cooks spoil the broth.” Everyone has an opinion. The Legislative world needs fewer opinions, rather, more people holding global constituents in adherence to the Laws.
Adressing this matter region by region makes no sense when an image put online in Washington DC is within seconds grabbed by web bots then raped of its metadata being converted into an Orphan Work which Legislators, global, have bought in to the notion, these images have no mommies or daddies [ http://www.centerforcopyrightintegrity.com/copyright-law-talks.html ]. They do. EVERY image in an Internet of Everything world has metadata. That is the way the Cameras and Image cards are crafted. The notion that a contemporary image is an Orphan Work, is frankly, the dumbest thing a legislator can believe. There is a bridge in the middle of Arizona for sale, too.
Adressing images of people found in vintage shops or at flea markets, well, they belong to someone too- ancestors, and the like, and should not be put up for sale without permission of the family. Without that permission, the only choices should be- next or DYI, do it yourself?
Museums are beginning to feel the pinch of items in their collections. IT belongs to someone, case in point the Denver and Seattle museums Super Bowl bet of artifacts. The Canadian tribe whose Ancestry was on the line, shut that scrimmage down. The Nuxalk Nation denied their 135 year old relic being used in this demeaning bet. It is possible to teach the Etiquette of the Internet World, that just because someone has an idea does not mean it is a good one waiting to happen. Next to fall, bet’s on a couple of Sacrophegus that will find their ways back homeland. [ http://www.latimes.com/entertainment/arts/culture/la-et-cm-super-bowl-seattle-denver-museum-bet-20140129,0,861582.story#axzz2sNrpD4zv ]
Where to start addressing this issue? Not piece meal. Security First. And with the advice I gave a young lady who approached me while I was volunteering on a campaign, asking how would the Candidate handle a hate crime against a lesbian. You know. I didn’t know. BUT I knew the Candidate’s regard for Law and Injustice. The only answer was to state (a) I didn’t know and (b) knowing he was an investigative journalist too that he would stick to the law on the books that has worked well for centuries in that a Hate Crime is a Hate Crime whether you are Pink, Blue, Plaid, Short, Tall, Gay, Straight, Muslim or Jew. He would look to that law as his standard. Otherwise with each parsing of the law, soon the only thing left is a mess of crumbs that make more confusion and no sense. She said, good answer.
Good answer? No, the only answer. TITLE XVII in America addresses Copyright Protection. TITLE XVIII in America addresses Criminal Code. Beccaria said KISS, keep it simple (stupid.) Steal. Crime. End of story. Otherwise Law Enforcement is spinning out of Control while online thieves are tearing down the Internet Highway.
Online crimes going on in the European Union and America are going on in the countries of all the signators of the Berne Convention. I learned along time ago, the more things change, the more they stay the same. There are two decker tour buses in DC, in NYC, in London, in Paris and I think even in Ireland, too. Point being, in each of these countries, cities, and continents, there are laws on the books addressing Crime and Punishment and Law Enforcement oversite ie. the USPS for mail fraud, the US Attornies office, RICO for wire fraud, and so on and so on. Use them, even tailor them. MOST important is to Authenticate the Regulations and Legislations that work or don’t work and don’t use Think Tanks. Or Lobbyists. Do what I did at UCLA PD, when I trained there actively building the first Crime Analysis lab of its kind on a college campus on the continent. Determine a sample population of time ie Three weeks in January, three weeks in March and three weeks in December, using those time frames to determine “piles”, data that will stack to show trends. Then use those trends to “quarterback” the next moves. The data will speak. Just like “algorithms” tell Mobile Marketers what you want for breakfast in three weeks. Ummm no. Beccaria said humans have free will.
Moving past Security which is at the core of moving the Internet forward without collapsing economies and cultures are specifics to questions asked on the Public Consultation on the review of the EU Copyright Rules.
STATEMENT OF FACT:
The world has changed.
The world moves fast. Criminals move faster.
Great forward thinking statements always have a seedy underbelly.
And there is a sucker born every day. The word “Facebook” sending shivers up anyone’s leg?
Legislators jumped on board the proposals of the Googles and the Facebooks so fast, ditching histories and archives of data, many wish they had back. Paperless society sounded great. Reality is it may be that as many trees are cut down today as were before the IOE, Internet of Everything. What is missing are documents. In the IOE, everything can be changed, even people’s histories. As is, a young lady at a hackathon opened my eyes. She was applying for a Foreign Service placement. She described that most people know her by her “Alias.” She explained, let me share, she was correct….
Google definition of ALIAS:
1. used to indicate that a named person is also known or more familiar under another specified name.
1. a false or assumed identity. - Computing- an alternative name or label that refers to a file, command, address, or other item, and can be used to locate or access it. -Telecommunications- each of a set of signal frequencies that, when sampled at a given uniform rate, would give the same set of sampled values, and thus might be incorrectly substituted for one another when reconstructing the original signal. Verb- Physics Telecommunications verb: alias; 3rd person present: aliases; past tense: aliased; past participle: aliased; gerund or present participle: aliasing
1. misidentify (a signal frequency), introducing distortion or error.
There is absolutely no mention in this Rules review stating that identifying the problem for enforcement of Copyright Complaints that an online name is an ALIAS and an Avatar can be anyone or, as in the case of the Bitcoin “developer” Satoshi Nakamoto (中本哲史, Nakamoto Satoshi), the pseudonymous person or group that designed and created the Bitcoin protocol and reference software, that no one can say they know anyone who met Nakamoto
[ http://motherboard.vice.com/blog/who-is-satoshi-nakamoto-the-creator-of-bitcoin ] Host sites and Search Engines don’t demand disclosure of Users real identities, and even if they did, there is not a Copy machine these days that cannot make a duplicate of a passport or a drivers license or a photo ID which are already being reported sold on the Internet of Everything and “Dread Pirate Roberts” Silk Road was back in business within few weeks after being shut down. “Dread Pirate Roberts” is an alias in case Legislators did not catch the subtlety [http://www.dailymail.co.uk/news/article-2503295/Silk-Road-market-selling-hard-drugs-fake-passports-online.html ]
The Public Consultation on the review of the EU copyright Rules seeks to harm the good people, asking what can be done in a “perfect”, I think the overused word is “Harmonious” world.
The questions that should have been asked
“how many Content Creators have had their Intellectual Property stolen?”,
“how many Content Creators know the value of their stolen IP?”
“Are the Content creators people who make their livelihoods of the ARTS and Content Creation?”
“Are the Content Creators people who have Day Jobs and do their Content Creation for the jolly of it?”
“How was the Content Creator paid- flat fee? Royalty?”
“How much money did the Content Creator make from their Content before the Internet came along?”
“Has the Content Creator seen a drop in their earnings as the Internet as matured?”
“Have they had their ID stolen?”
“Do they know someone who has had their ID stolen?”
“Have the Content Creator or Person discovered their Identity and or Content online?”
“Does John or Jane Doe Consumer have a Restraining Order against anyone who tracked them down due to Private Information online ie. home adress etc?” “Has the Consumer tried to engage a solicitor to adress IP, ID, Content and Commerce theft online?”
“If so, what was their experience?”
“Was it offered on Commission?”
“Was there a fee charged?”
“Did the matter settle?”
“ Was there a remedy?”
“How was the process?”
“What was the outcome?”
“What was the time taken to get the matter to a point resolution?”
“Did you go to Small Claims Court?” [ http://www.centerforcopyrightintegrity.com/copyright-law-talks.html ]
“Would you go through the process again?”
“If not, why not?”
“Will you continue to use the Internet?”
“Would you consider reducing your online presence?”
“Are you spammed?”
“How bad is the Spam?” And….
“Do you know anyone who got the Million dollar payout from some king in Nigeria, or, more likely, do you know people who got taken in?”
“Do you believe it is possible to reduce online presence at this juncture?”
“When is the last time you read a tweet from your local, region and national Legislator?” AND….
“Do you care if they tweet or would prefer they focus on what is being talked about rather then telling you in 144 characters what they are doing with whom and when?”
And so on and so on and so on……
The Review responses might be more interesting if these Q & A’s had been asked. Look, beyond issues of Border crossing and immigrants, there is now the added pressure of Border Gateway protocol needing to be in place, and quite frankly, before the investment of instituting it is paid off, it is most likely redundant in that the Thieves move faster.
Breaking it down further, the Q seeking A’s, the EU is a Union, it is a patchwork quilt of Member States, each with its own culture, demography and uniqueness. They may all have two decker Tourist buses but that does not mean each Member State wants its own law. Sorry to raise a sore point but “Euro” anyone? How can a blanket single law work in Union the Euro failed in and in a culture pushing Cryptocurrency? Develop that Handbook referred to, keep simple in plain “English”, giving each country the room for cultural latitude and define the cite of resolution. In an internet world, that will be complicated unless the first online court is in the planning. Check with Judge Judy on that one [ www.judgejudy.com ]
This is probably a good opportunity to revisit Cesare Baccaria’s what is human nature in the world of “Crime and Punishment.”
If after all these generations the Orange and the Loyalist are still at odds, getting the EU on the same Copyright page is like wrangling kittens- a whole lot of squalling with no hope of 100% success. Reiterating that the good people always end up losing and the bad people get away with it, in this case, stealing of User Generated Content and text and data mining. And what happens when Copyright Tourism is in question, as in the matter of the South Korean Company suing a guy in Australia for copyright infringement in California [ http://www.techdirt.com/articles/20111228/03051417211/copyright-tourism-korean-companies-sue-guy-australia-copyright-infringement-california.shtml ]
Where to argue the matter is an issue? Many Internet companies state they want Arbitrations held in their home state, limit terms, limit Rights To Free speech, and EU Commission is allowing it. Moreso, there TOS, Terms of Service can and are changed often without the client realizing. The entity stating that it is the Users obligation to read the constantly changing rules is a sham. IF the Entity knows where the USER is to send the USER notice they ‘may want to invite their friend(s) on to the Service’ or even, without notice to the User send out solicitations to people they correspond with, or better yet, share User’s data with Algorithm entities sending ads for Hotels long after the vacation time came and went, then there is an obligation of the EU Commission to make these entities send their subscribers updates in Terms of Service change, and where things like SETTINGS have an asterisk pop up? Have an important notice alert, too, which the User has to click to indicate received and read.
A huge issue in adjudicating Copyright issues in courts of law is that Judges and lawyers look for precedence for guidance. A majorly bad case on the law that is deferred to in multiple jurisdiction is Microsoft v Perfect 10, a perfect case about IP Theft that was argued poorly trying to squeeze a square peg in a round hole when the TOS, Terms of Service, held answers for attorneys to consider- the double standard the Search Engines and ISPs include in their Policies warning Users the cost of stealing their IP.
The most aggregious of sites stealing and bundling American ID and IP are sites like Spokeo, Yatedo, Yumpu, 123people.com amongst others. These sites homed in Germany, France and elsewhere do the same IP and ID theft in countries around the world, signator to the Berne Convention. England has the distinction of being the Algorithm capitol, it seems, then sending its data crunching out to its minion sites everywhere, all in the push for more mobile and data. It is important to make this point in that while people are squawking about the NSA and Snowden, most data is given away from Users themselves.
Protections sure. Warn people as they enter a page with a pop up or bubble that (a) by landing on the page they are most likely already cookie’d and (b) going further there is no 100% data protection so Caveat Empor.
And in an infringement is found, sending something to Google is offensive in that the Take Down notices are then sent over to Chilling Effects which then publishes the letter along with other data gathered online then, dedacted. The EU Commission should require that WHEN as letter is sent to the Search Engines or site hosts demanding “take down” then the letter is presumed confidential even without that being marked on it. Most definitely that correspondence is not to be turned over to Chilling Effects to publish and or raise funds off of because a letter, as it stands in America, when sent through the US mails has protections. Snail mail or email, until released in writing that notice is the Intellectual Property of the sender.
The Rights and Functioning of the Single Market (II) adress the territorial scope of the rights involved in digital transmissions and the segmentation of the market through licensing agreements. In a normal brick based licensing world, territory is defined. There is no definition of Territory in an Internet world in that the minute SEND is clicked, what was released can go anywhere without being stopped or tracked in that, like neighboring Member States, not everyone gets along or cooperates hence the egregiousness of the profit lost to a Content Creator who images are stolen ie. appearing in IMAGE galleries on each and every of the Search Engines- Google, Aol, Yahoo, Bing, etc. Those page deep Image pages are not Fair Use in that FAIR USE states in American Law that if the use of the Content prevents its Creator from making money then it is not Fair Use. More so, the use of those Content in Image Galleries is not Fair Use in that making an Thumbnail larger to Actual Size that can be reproduced from is, statedly, NOT Fair Use. So the concept of issuing Licenses for “Europe” for 2D ARTS content creators, quite simply, is offensive when it comes time of the month to pay the rent and other bills.
The issue of Librarians and libraries is raised. Times have changed. There are far too many books in the world these days, raking in big bucks for ISBN sellers in that it is mandatory to buy an ISBN for a book. Realistically, librarians don’t want every book selling on Amazon in their library, they only want the big name best sellers- JK Rowling, Stephen King and Fifty Shades of Grey, so let’s be clear here, Library considerations has less to do with books which can be downloaded for .99 cents or given away, but about letting nice people who love books and people work at a craft they adore. Ever watch the Librarian book cart races at their annual conventions? I have…. It is a trip even watching them trip over THEIR hero, Dame Julie Andrews set up with her daughter in their own imprint. The reality of libraries is that sadly, sharing books library to library on the internet is file sharing, so difficult to contain that book once it is clicked ‘Adieu.’ There is no “temporary” or “on loan” in sending out a library e-book. It is gone.
Sure there are stories about library books being stolen. The Brooklyn Library copped to having 70,144 books being stolen in 2012. There is something to be said for that people want books they can touch and feel, the message being to librarians IF the Brooklyn Library cannot contain theft of tangible, touchable books off their shelves then how will Librarians contain, track and enforce e-books stolen, well, out of thin e-air [ http://www.infodocket.com/2014/02/03/book-thieves-stole-70144-books-from-the-brooklyn-public-library-in-2012/ ] There is the slight little issue of definition. What is a “Library?”
Google Definition says “li·brar·y ˈlīˌbrerē,-brərē/ noun
noun: library; plural noun: libraries
Adressing requesting books across borders- yes. Both domestically and internationally in researching MRLS- mare reproductive loss syndrome and discovering fairly dependable documentation the disease began long before 2003, LONG before, 2003 and was not the promoted blight that was kismet of cherry trees, caterpillars and abortion storms. Titles were tracked down through library hyperlinks, emails were traded back and forth, phone call was made to pay in advance for the research the librarians made the page copies of with their having the skill to identify page and paragraph having codified their library accordingly. Whole book was not needed. Just the relevant pages which is under the definition of Fair Use.
There is a solution. Create a watermark signature to each library system that brands, like a cow brand, each book to deter the book being copied. Have ads that pop up, as does when one is reading articles on “The Nation” website, that can be clicked off, as the ads pop up, indicating a person is reading the e-book. With every convenience there is a price to pay. Clicking at clicks is part of it, be it for online classes or teaching. Adressing online classes, there is a trending down from the online classes in that it is being learned students are not doing as well as interaction in person classes allow the real in person Social networking. There is also a contribution professors should make here in that the trend in professors has been to self publishing their own binders that students are required to purchase. AND, those binders are marked copyrighted too. Teachers like profits just like the next person who may not have a tenure that makes them handsome salaries, different from the ARTs content creator, pursuing their dream, hoping to get paid at their craft. Important to adress is the conversation of disability and the Marakesh Treaty. Having covered the testimony of a Silicon Valley “inventor” who is quoted declaring he knew Napster and the Chaffee Amendment were his model for books for the Blind- citing that the Chaffee Amendment gave him the right to not pay author’s royalties, well, no, that is not what the Chaffee Amendment states. And no, that is not what the Blind want. At an American University follow up the Marakesh Treaty, the president of a major blind organization stated that blind people don’t want charity. They want to be treated like everyone else and that means paying for books and such. They also acknowledged that blind people are content creators also.
Quite frankly with all the technology out in the world, there is the challenge for someone to create an “online stamp” that appears, disappears throughout the e-book at random sequences to show the book is an e-loan. Off premises access to e-books should be a non starter. Not. To understand, you know that woman with the torch at the beginning of movies, the woman allegedly modeled for by Annette Benning, Warren Beatty’s wife, have a watermark like of that figure appear throughout the book/video etc that is on e-loan. And that ‘security’ would be set into motion when the book/video is checked out. Otherwise, sadly, librarians like everyone else have to be set to the same standard- maybe the library would go back to dealing in paperbooks. Word is, books are not dead, despite what is being published on the Internet.
Not everything sells everywhere or on everything or all markets. One cannot bundle all rights. And there is no one answer for what is Fair Compensation. Stealing of a Disney image is different than stealing of a child’s art. That said, statutory is statutory when it comes to damages. Caveat Empor, again. That did again, there is no one to say that a child’s art or a painting elephant’s art or a painting dog’s art or a youtube performer whose identity cannot become a major line with great equity, contemporary- Justin Bieber, historical- Ann Frank,
The impression is a One Size Fits All solution is being sought. Not going to work. Dancers, musicians, playwrights, filmmakers, Artists and photographers have different needs. What does fit is the ONE thing that works for all- STEAL- Crime- do the time- pay the dime. AND as Cesare Bacceria said let people know right up front what will happen if they do such. Simply, what can work and should be implemented is AT THE TOP OF EACH WEBSITE PAGE IN BIG BOLD LETTERS STATE, bullet pointed and brief, maybe even on a floating bubble that must be clicked to access the page as indicated in attachments in this link
What might be considered is the Uniform Command concept of Alan Hiscox that is a guideline for all member nations, but for God’s sake, write it in Plain English as is an Executive Order President Obama wrote in to American law in 2010 [ www.plainlanguage.gov/plLaw ]. That said, MAKE SURE that Order is Enforced. The guideline? Taking the writing of these matters out of the hands of lawyers and let first grade teachers have a crack at writing the “See Spot Run” version of it. With all the expense invested into putting stuff online to reach people in their homes, then scribe it readable for the ma’arm down the street.
Be clear that when a law is broken, it is never one law being broken it is many broken at the same time. Law enforcement must have clarity too. On my site, The Center For Copyright Integrity, [ www.centerforcopyrightintegrity.com ] I listed multiple levels of law enforcement, not intending to show, in America, at least, how many levels of enforcement are involved in the futile effort to stem online theft this consultation chose not to adress. Point to be made is Look At All The Agencies involved and listen to the news to all the exploding revelations of millions of identities being compromised, in the least, President Obama’s signature legacy Healthcare.gov
Copyright is an heirloom no different than the diamond on your honey’s left hand. For some reason, the world is gone mad debating it Life+70 is long enough in a world that allows people to own heirlooms for generations. Technically, if copyright ‘term limits’ were applied in a world that allows people to own their heirlooms for generations, then European families would not be able to own family relics going back generations, castles would have been taken from family royal hands generations back and the Queen’s Tiara’s given to Di and Kate, could, end up belonging to Posh & Becks or the five year old next door.
This whole matter of Copyright and governments looking for cash when they aught to go after the cash cows torpedoing economies by not paying taxes, is
THE CENTER FOR COPYRIGHT INTEGRITY
www.centerforcopyrightintegrity.com
May Be Reprinted Only Under License
Fair Use must be applied for and Granted
All other use is unauthorized
In 1764, Cesare, Marquis of Beccaria-Bonesana an unknown Italian jurist, philosopher and politician, wrote a single treatise the world still uses to guide criminal justice.
Long before Beccaria wrote his treatise, the Magna Carta was written. ing June 15, 1215, in a field at Runnymede, 40 rebellious barons demanded King John affix his seal to a document, the Magna Carta, also called The Great Charter of the Liberties of England, the Magna Carta Libertatum. Two principles expressed in Magna Carta resonate to this day, in America, like many other great ideas aka Content, America has ‘borrowed’ from the EU- coinless parking metering, bikeshare, countless parodies of the Beatles, “The Office”, “Robin’s Nest” and countless other remakes of UK shows. Robin’s Nest? C’mon. Three’s Company starring the late John Ritter. “The Office”? Called “The Office”, not much of a stretch needed there. [http://en.wikipedia.org/wiki/List_of_American_television_series_based_on_British_television_series ]
The two principles expressed in Magna Carta that inspired Americans fighting the American Revolution, are, "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land," and "To no one will We sell, to no one will We deny or delay, right or justice." These Rights are guaranteed in the Magna Carta in the Laws of the Revolutionists states, then into the US Constitution and the Bill of Rights.” The Fifth Amendment descends from the Magna Carta’s guarantee of proceedings according to the “law of the land.” The Fifth Amendment states, “no person shall . . . be deprived of life, liberty, or property, without due process of law." [http://www.centerforcopyrightintegrity.com/magna-carta-the-grandmother-of-ip.html ]
Cesare Beccaria’s "On Crimes and Punishments" impacted the US Constitution, Bill of Rights and Judicial system in influencing the foundation of criminology which were built and expanded from Beccaria’s theories on arrest, prosecution and punishment.
In the treatise, Beccaria addressed preventing crime in his treatise "On Crimes and Punishments." Beccaria believed preventing crime was better than punishing criminals for their crimes. Beccaria’s Nine Principles a Society needs to effectively prevent crime are:
1) the laws must be clear and simple
2) the entire nation must be united in defense
3) the laws are against men, and women, not classes of men and women
4) the laws must be feared by the men and women in society, nothing less
5) the men and women, society, need to know for sure what the outcome of crime is IF they decide to risk breaking a law
6) the men and women need to know what the law in that knowing is part of the enlightenment of liberty
7) virtue has to be rewarded
8) the people need to be educated
9) the magistracy as a whole must observe and not corrupt the laws
How the hell could a Well Laid plan go so wrong in the IOE, the Internet of Everything age, where centuries old legal concepts are being torn apart by Legislators who don’t take time to educate the public of their ancestry that got them to here with rights that began in humble beginnings, actually, even earlier than Forty Barons and a King in a muddy field off Runnymede. Seven hundred and ninety nine years, in the least, being tossed down the toilet because of something called the Internet of Things, that sounds great in forward looking SEC Filings but, in the real world of people trying to make a living doing what they love, isnt really turning out so great, is it.
Beccaria’s treatise concerned the criminal justice system. The criminal justice system is beginning to concern Legislators on Capitol Hill in America. One such Congressman, a Republican, is beginning to awaken to the IOT, Internet of Everything, being an IOEC, Internet of Every Crime- Intellectual Property Theft, Identity Theft, Human Trafficking, Money Laundering, the list goes on and on, AS does the list of goods the private companies have on every citizen of the world with an online presence. “They” know who you are, where you are, what you said to whom, when and, don’t be amazed, if one day the IOT shuts down with the global IOEC and disappear. Unlikely? Think SOPA [ www.sopastrike.com ]
In a way, Beccaria was a Snowden before his time. Because Beccaria feared political backlash, he anonymously wrote, his 1764 treatise "On Crimes and Punishments," so it was to the point and clearly understood, a lesson the EU Commission should take heed of in that the solicitation of this Public Consultation was NOT written in words understood by the Public the EU Commission seeks review from. "On Crimes and Punishments," was reprinted in many languages around the globe, influencing creation and reform of penal systems.
Beccaria crafted his treatise like a three legged stool. All legs are needed so the stool doesn’t fall over. Points in this treatise include:
(1) all individuals have freewill and make choices with freewill
(2) all individuals rationally look out for their own personal satisfaction, which must be grasped to understand the relationship between laws and crime ie. see a cop on the beat? A criminal may decide to not commit the crime individuals rationally look out for their own interest which may include deviant acts and breaking the law, the goal being to stop deviant acts and laws being broken
(3) People are predictable and controllable even when pursuing self interest
So the job of the Criminal Justice System, knowing people are predictable is to facilitate the Person’s rational thought in pursuing personal pleasure and facilitate their deciding that Deviant Acts and Breaking the Law is not a decision in their best interest. Global legislators role is to define the right threatening punishment, for each committable Internet Age crime, that will make Internet Users think twice if they don’t want to do the “Time” or pay the “Dime.”
But people are people. And people take risks convincing themselves THEY are the one who wont get caught. In an Internet age, as Law Enforcement has never experienced before, unless Global Legislators get their proverbial acts together, catching a thief, nears becoming impossible in the Internet world of Aliases, Snapchats (disappearing conversations), Bitcoins (cryptocurrency that does not exist), Avatars (every one can “be” David Beckham or Posh by taking their ID, Identity photo and Right of Publicity that team owners and agents explain away citing it builds a Fan Base- tweet that, Kim Kardashian, or whoever on Team Kim K Brand, is paid to do a million things a normal human person could not accomplish in a month let alone an hour).
Team EU Commission must make the Punishment greater than the pleasure the person thinks they will get from doing the dastardly or committing the crime, ie in the IOT, Internet of Everything, 2D ARTS Creators IP, Intellectual Property, ID, Identity, Content and Commerce. Team EU Commission, Team Parliament, Team Congress and all Legislators signed on to the Berne Convention must get on the same page. There are no borders in the Internet of Everything. An online programmer in Belarus is being sought for gumming up a billion dollar healthcare system.
[ http://www.washingtontimes.com/news/2014/feb/4/us-intel-warns-belarus-hand-obamacare/?utm_source=RSS_Feed&utm_medium=RSS ] Such is the way of Telecommuting in the IOT age, the Internet of Everything, where “bosses” may never met “employees” or “work for hires” and where a lonely unhappily married man in Connecticut can pretend to be a staff lawyer working for Senator Blumenthal using an Avatar through a dating site that was never vetted for authenticity. Tribute photos of Heroes fallen in current conflicts are discovered on dating websites.
Due diligence is fallen to the wayside. Security, Crime and Punishment are the FIRST conversation the Review of the EU Copyright Rules should have addressed. Beccaria wrote, “"when the number of those who can understand the sacred code of laws and hold it in their hands increases, the frequency of crimes will be found to decrease, for undoubtedly ignorance and uncertainly of punishments add much to the eloquence of the passions" ( pg. 17)
The “Where to start” to address online Copyright Enforcement, Identity Theft, Human Trafficking, online Alias’, money-laundering is to revisit, the Berne Convention. [http://www.centerforcopyrightintegrity.com/the-berne-convention--where-america-joined-late.html ] Let’s get real. With ALL the laws on the books with more laws being made daily because some Legislator somewhere thinks they have an even better idea than the idea that didn’t work before, the last thing the world of Intellectual Property needs is YET another new law. WHAT the world of Intellectual Property needs are the admission that laws really are One Cite Fits All- steal, it’s a crime! Pretend to be someone else, it’s a crime! Lie, to get money from people, it’s a crime. The menu of punishment may change but here is the example of a colleague of mine from London, who focused on getting Mounted Officers from around the UK on to the same “Command page” so, if and when, officers were imported to regions of the UK to assist with upcoming protests or the like, the officers all knew that, for example, “Red Fish” meant woman with red hair in fishnet stockings, and “Blue Fish” meant, well, wink, the man ogling her (with no hope. There is a little bit of Benny Hill in everyone even in a treatise such as this.) The need for uniform command across the UK was to get the job done, effectively. The EU Commission must get this Internet Oversight Job done correctly.
As for Alan Hiscox, the officer I refer to? I heard he retired. Lectured and taught around the world. If I had one man to bring on board for oversite here, I would hope he is still alive and make him an offer he cannot refuse…. Financially, I do mean, because what the EU put out in this review flies in the reality when Legislators know that “too many cooks spoil the broth.” Everyone has an opinion. The Legislative world needs fewer opinions, rather, more people holding global constituents in adherence to the Laws.
Adressing this matter region by region makes no sense when an image put online in Washington DC is within seconds grabbed by web bots then raped of its metadata being converted into an Orphan Work which Legislators, global, have bought in to the notion, these images have no mommies or daddies [ http://www.centerforcopyrightintegrity.com/copyright-law-talks.html ]. They do. EVERY image in an Internet of Everything world has metadata. That is the way the Cameras and Image cards are crafted. The notion that a contemporary image is an Orphan Work, is frankly, the dumbest thing a legislator can believe. There is a bridge in the middle of Arizona for sale, too.
Adressing images of people found in vintage shops or at flea markets, well, they belong to someone too- ancestors, and the like, and should not be put up for sale without permission of the family. Without that permission, the only choices should be- next or DYI, do it yourself?
Museums are beginning to feel the pinch of items in their collections. IT belongs to someone, case in point the Denver and Seattle museums Super Bowl bet of artifacts. The Canadian tribe whose Ancestry was on the line, shut that scrimmage down. The Nuxalk Nation denied their 135 year old relic being used in this demeaning bet. It is possible to teach the Etiquette of the Internet World, that just because someone has an idea does not mean it is a good one waiting to happen. Next to fall, bet’s on a couple of Sacrophegus that will find their ways back homeland. [ http://www.latimes.com/entertainment/arts/culture/la-et-cm-super-bowl-seattle-denver-museum-bet-20140129,0,861582.story#axzz2sNrpD4zv ]
Where to start addressing this issue? Not piece meal. Security First. And with the advice I gave a young lady who approached me while I was volunteering on a campaign, asking how would the Candidate handle a hate crime against a lesbian. You know. I didn’t know. BUT I knew the Candidate’s regard for Law and Injustice. The only answer was to state (a) I didn’t know and (b) knowing he was an investigative journalist too that he would stick to the law on the books that has worked well for centuries in that a Hate Crime is a Hate Crime whether you are Pink, Blue, Plaid, Short, Tall, Gay, Straight, Muslim or Jew. He would look to that law as his standard. Otherwise with each parsing of the law, soon the only thing left is a mess of crumbs that make more confusion and no sense. She said, good answer.
Good answer? No, the only answer. TITLE XVII in America addresses Copyright Protection. TITLE XVIII in America addresses Criminal Code. Beccaria said KISS, keep it simple (stupid.) Steal. Crime. End of story. Otherwise Law Enforcement is spinning out of Control while online thieves are tearing down the Internet Highway.
Online crimes going on in the European Union and America are going on in the countries of all the signators of the Berne Convention. I learned along time ago, the more things change, the more they stay the same. There are two decker tour buses in DC, in NYC, in London, in Paris and I think even in Ireland, too. Point being, in each of these countries, cities, and continents, there are laws on the books addressing Crime and Punishment and Law Enforcement oversite ie. the USPS for mail fraud, the US Attornies office, RICO for wire fraud, and so on and so on. Use them, even tailor them. MOST important is to Authenticate the Regulations and Legislations that work or don’t work and don’t use Think Tanks. Or Lobbyists. Do what I did at UCLA PD, when I trained there actively building the first Crime Analysis lab of its kind on a college campus on the continent. Determine a sample population of time ie Three weeks in January, three weeks in March and three weeks in December, using those time frames to determine “piles”, data that will stack to show trends. Then use those trends to “quarterback” the next moves. The data will speak. Just like “algorithms” tell Mobile Marketers what you want for breakfast in three weeks. Ummm no. Beccaria said humans have free will.
Moving past Security which is at the core of moving the Internet forward without collapsing economies and cultures are specifics to questions asked on the Public Consultation on the review of the EU Copyright Rules.
STATEMENT OF FACT:
The world has changed.
The world moves fast. Criminals move faster.
Great forward thinking statements always have a seedy underbelly.
And there is a sucker born every day. The word “Facebook” sending shivers up anyone’s leg?
Legislators jumped on board the proposals of the Googles and the Facebooks so fast, ditching histories and archives of data, many wish they had back. Paperless society sounded great. Reality is it may be that as many trees are cut down today as were before the IOE, Internet of Everything. What is missing are documents. In the IOE, everything can be changed, even people’s histories. As is, a young lady at a hackathon opened my eyes. She was applying for a Foreign Service placement. She described that most people know her by her “Alias.” She explained, let me share, she was correct….
Google definition of ALIAS:
1. used to indicate that a named person is also known or more familiar under another specified name.
1. a false or assumed identity. - Computing- an alternative name or label that refers to a file, command, address, or other item, and can be used to locate or access it. -Telecommunications- each of a set of signal frequencies that, when sampled at a given uniform rate, would give the same set of sampled values, and thus might be incorrectly substituted for one another when reconstructing the original signal. Verb- Physics Telecommunications verb: alias; 3rd person present: aliases; past tense: aliased; past participle: aliased; gerund or present participle: aliasing
1. misidentify (a signal frequency), introducing distortion or error.
There is absolutely no mention in this Rules review stating that identifying the problem for enforcement of Copyright Complaints that an online name is an ALIAS and an Avatar can be anyone or, as in the case of the Bitcoin “developer” Satoshi Nakamoto (中本哲史, Nakamoto Satoshi), the pseudonymous person or group that designed and created the Bitcoin protocol and reference software, that no one can say they know anyone who met Nakamoto
[ http://motherboard.vice.com/blog/who-is-satoshi-nakamoto-the-creator-of-bitcoin ] Host sites and Search Engines don’t demand disclosure of Users real identities, and even if they did, there is not a Copy machine these days that cannot make a duplicate of a passport or a drivers license or a photo ID which are already being reported sold on the Internet of Everything and “Dread Pirate Roberts” Silk Road was back in business within few weeks after being shut down. “Dread Pirate Roberts” is an alias in case Legislators did not catch the subtlety [http://www.dailymail.co.uk/news/article-2503295/Silk-Road-market-selling-hard-drugs-fake-passports-online.html ]
The Public Consultation on the review of the EU copyright Rules seeks to harm the good people, asking what can be done in a “perfect”, I think the overused word is “Harmonious” world.
The questions that should have been asked
“how many Content Creators have had their Intellectual Property stolen?”,
“how many Content Creators know the value of their stolen IP?”
“Are the Content creators people who make their livelihoods of the ARTS and Content Creation?”
“Are the Content Creators people who have Day Jobs and do their Content Creation for the jolly of it?”
“How was the Content Creator paid- flat fee? Royalty?”
“How much money did the Content Creator make from their Content before the Internet came along?”
“Has the Content Creator seen a drop in their earnings as the Internet as matured?”
“Have they had their ID stolen?”
“Do they know someone who has had their ID stolen?”
“Have the Content Creator or Person discovered their Identity and or Content online?”
“Does John or Jane Doe Consumer have a Restraining Order against anyone who tracked them down due to Private Information online ie. home adress etc?” “Has the Consumer tried to engage a solicitor to adress IP, ID, Content and Commerce theft online?”
“If so, what was their experience?”
“Was it offered on Commission?”
“Was there a fee charged?”
“Did the matter settle?”
“ Was there a remedy?”
“How was the process?”
“What was the outcome?”
“What was the time taken to get the matter to a point resolution?”
“Did you go to Small Claims Court?” [ http://www.centerforcopyrightintegrity.com/copyright-law-talks.html ]
“Would you go through the process again?”
“If not, why not?”
“Will you continue to use the Internet?”
“Would you consider reducing your online presence?”
“Are you spammed?”
“How bad is the Spam?” And….
“Do you know anyone who got the Million dollar payout from some king in Nigeria, or, more likely, do you know people who got taken in?”
“Do you believe it is possible to reduce online presence at this juncture?”
“When is the last time you read a tweet from your local, region and national Legislator?” AND….
“Do you care if they tweet or would prefer they focus on what is being talked about rather then telling you in 144 characters what they are doing with whom and when?”
And so on and so on and so on……
The Review responses might be more interesting if these Q & A’s had been asked. Look, beyond issues of Border crossing and immigrants, there is now the added pressure of Border Gateway protocol needing to be in place, and quite frankly, before the investment of instituting it is paid off, it is most likely redundant in that the Thieves move faster.
Breaking it down further, the Q seeking A’s, the EU is a Union, it is a patchwork quilt of Member States, each with its own culture, demography and uniqueness. They may all have two decker Tourist buses but that does not mean each Member State wants its own law. Sorry to raise a sore point but “Euro” anyone? How can a blanket single law work in Union the Euro failed in and in a culture pushing Cryptocurrency? Develop that Handbook referred to, keep simple in plain “English”, giving each country the room for cultural latitude and define the cite of resolution. In an internet world, that will be complicated unless the first online court is in the planning. Check with Judge Judy on that one [ www.judgejudy.com ]
This is probably a good opportunity to revisit Cesare Baccaria’s what is human nature in the world of “Crime and Punishment.”
If after all these generations the Orange and the Loyalist are still at odds, getting the EU on the same Copyright page is like wrangling kittens- a whole lot of squalling with no hope of 100% success. Reiterating that the good people always end up losing and the bad people get away with it, in this case, stealing of User Generated Content and text and data mining. And what happens when Copyright Tourism is in question, as in the matter of the South Korean Company suing a guy in Australia for copyright infringement in California [ http://www.techdirt.com/articles/20111228/03051417211/copyright-tourism-korean-companies-sue-guy-australia-copyright-infringement-california.shtml ]
Where to argue the matter is an issue? Many Internet companies state they want Arbitrations held in their home state, limit terms, limit Rights To Free speech, and EU Commission is allowing it. Moreso, there TOS, Terms of Service can and are changed often without the client realizing. The entity stating that it is the Users obligation to read the constantly changing rules is a sham. IF the Entity knows where the USER is to send the USER notice they ‘may want to invite their friend(s) on to the Service’ or even, without notice to the User send out solicitations to people they correspond with, or better yet, share User’s data with Algorithm entities sending ads for Hotels long after the vacation time came and went, then there is an obligation of the EU Commission to make these entities send their subscribers updates in Terms of Service change, and where things like SETTINGS have an asterisk pop up? Have an important notice alert, too, which the User has to click to indicate received and read.
A huge issue in adjudicating Copyright issues in courts of law is that Judges and lawyers look for precedence for guidance. A majorly bad case on the law that is deferred to in multiple jurisdiction is Microsoft v Perfect 10, a perfect case about IP Theft that was argued poorly trying to squeeze a square peg in a round hole when the TOS, Terms of Service, held answers for attorneys to consider- the double standard the Search Engines and ISPs include in their Policies warning Users the cost of stealing their IP.
The most aggregious of sites stealing and bundling American ID and IP are sites like Spokeo, Yatedo, Yumpu, 123people.com amongst others. These sites homed in Germany, France and elsewhere do the same IP and ID theft in countries around the world, signator to the Berne Convention. England has the distinction of being the Algorithm capitol, it seems, then sending its data crunching out to its minion sites everywhere, all in the push for more mobile and data. It is important to make this point in that while people are squawking about the NSA and Snowden, most data is given away from Users themselves.
Protections sure. Warn people as they enter a page with a pop up or bubble that (a) by landing on the page they are most likely already cookie’d and (b) going further there is no 100% data protection so Caveat Empor.
And in an infringement is found, sending something to Google is offensive in that the Take Down notices are then sent over to Chilling Effects which then publishes the letter along with other data gathered online then, dedacted. The EU Commission should require that WHEN as letter is sent to the Search Engines or site hosts demanding “take down” then the letter is presumed confidential even without that being marked on it. Most definitely that correspondence is not to be turned over to Chilling Effects to publish and or raise funds off of because a letter, as it stands in America, when sent through the US mails has protections. Snail mail or email, until released in writing that notice is the Intellectual Property of the sender.
The Rights and Functioning of the Single Market (II) adress the territorial scope of the rights involved in digital transmissions and the segmentation of the market through licensing agreements. In a normal brick based licensing world, territory is defined. There is no definition of Territory in an Internet world in that the minute SEND is clicked, what was released can go anywhere without being stopped or tracked in that, like neighboring Member States, not everyone gets along or cooperates hence the egregiousness of the profit lost to a Content Creator who images are stolen ie. appearing in IMAGE galleries on each and every of the Search Engines- Google, Aol, Yahoo, Bing, etc. Those page deep Image pages are not Fair Use in that FAIR USE states in American Law that if the use of the Content prevents its Creator from making money then it is not Fair Use. More so, the use of those Content in Image Galleries is not Fair Use in that making an Thumbnail larger to Actual Size that can be reproduced from is, statedly, NOT Fair Use. So the concept of issuing Licenses for “Europe” for 2D ARTS content creators, quite simply, is offensive when it comes time of the month to pay the rent and other bills.
The issue of Librarians and libraries is raised. Times have changed. There are far too many books in the world these days, raking in big bucks for ISBN sellers in that it is mandatory to buy an ISBN for a book. Realistically, librarians don’t want every book selling on Amazon in their library, they only want the big name best sellers- JK Rowling, Stephen King and Fifty Shades of Grey, so let’s be clear here, Library considerations has less to do with books which can be downloaded for .99 cents or given away, but about letting nice people who love books and people work at a craft they adore. Ever watch the Librarian book cart races at their annual conventions? I have…. It is a trip even watching them trip over THEIR hero, Dame Julie Andrews set up with her daughter in their own imprint. The reality of libraries is that sadly, sharing books library to library on the internet is file sharing, so difficult to contain that book once it is clicked ‘Adieu.’ There is no “temporary” or “on loan” in sending out a library e-book. It is gone.
Sure there are stories about library books being stolen. The Brooklyn Library copped to having 70,144 books being stolen in 2012. There is something to be said for that people want books they can touch and feel, the message being to librarians IF the Brooklyn Library cannot contain theft of tangible, touchable books off their shelves then how will Librarians contain, track and enforce e-books stolen, well, out of thin e-air [ http://www.infodocket.com/2014/02/03/book-thieves-stole-70144-books-from-the-brooklyn-public-library-in-2012/ ] There is the slight little issue of definition. What is a “Library?”
Google Definition says “li·brar·y ˈlīˌbrerē,-brərē/ noun
noun: library; plural noun: libraries
- a building or room containing collections of books, periodicals, and sometimes films and recorded music for people to read, borrow, or refer to.
- "a school library"
Adressing requesting books across borders- yes. Both domestically and internationally in researching MRLS- mare reproductive loss syndrome and discovering fairly dependable documentation the disease began long before 2003, LONG before, 2003 and was not the promoted blight that was kismet of cherry trees, caterpillars and abortion storms. Titles were tracked down through library hyperlinks, emails were traded back and forth, phone call was made to pay in advance for the research the librarians made the page copies of with their having the skill to identify page and paragraph having codified their library accordingly. Whole book was not needed. Just the relevant pages which is under the definition of Fair Use.
There is a solution. Create a watermark signature to each library system that brands, like a cow brand, each book to deter the book being copied. Have ads that pop up, as does when one is reading articles on “The Nation” website, that can be clicked off, as the ads pop up, indicating a person is reading the e-book. With every convenience there is a price to pay. Clicking at clicks is part of it, be it for online classes or teaching. Adressing online classes, there is a trending down from the online classes in that it is being learned students are not doing as well as interaction in person classes allow the real in person Social networking. There is also a contribution professors should make here in that the trend in professors has been to self publishing their own binders that students are required to purchase. AND, those binders are marked copyrighted too. Teachers like profits just like the next person who may not have a tenure that makes them handsome salaries, different from the ARTs content creator, pursuing their dream, hoping to get paid at their craft. Important to adress is the conversation of disability and the Marakesh Treaty. Having covered the testimony of a Silicon Valley “inventor” who is quoted declaring he knew Napster and the Chaffee Amendment were his model for books for the Blind- citing that the Chaffee Amendment gave him the right to not pay author’s royalties, well, no, that is not what the Chaffee Amendment states. And no, that is not what the Blind want. At an American University follow up the Marakesh Treaty, the president of a major blind organization stated that blind people don’t want charity. They want to be treated like everyone else and that means paying for books and such. They also acknowledged that blind people are content creators also.
Quite frankly with all the technology out in the world, there is the challenge for someone to create an “online stamp” that appears, disappears throughout the e-book at random sequences to show the book is an e-loan. Off premises access to e-books should be a non starter. Not. To understand, you know that woman with the torch at the beginning of movies, the woman allegedly modeled for by Annette Benning, Warren Beatty’s wife, have a watermark like of that figure appear throughout the book/video etc that is on e-loan. And that ‘security’ would be set into motion when the book/video is checked out. Otherwise, sadly, librarians like everyone else have to be set to the same standard- maybe the library would go back to dealing in paperbooks. Word is, books are not dead, despite what is being published on the Internet.
Not everything sells everywhere or on everything or all markets. One cannot bundle all rights. And there is no one answer for what is Fair Compensation. Stealing of a Disney image is different than stealing of a child’s art. That said, statutory is statutory when it comes to damages. Caveat Empor, again. That did again, there is no one to say that a child’s art or a painting elephant’s art or a painting dog’s art or a youtube performer whose identity cannot become a major line with great equity, contemporary- Justin Bieber, historical- Ann Frank,
The impression is a One Size Fits All solution is being sought. Not going to work. Dancers, musicians, playwrights, filmmakers, Artists and photographers have different needs. What does fit is the ONE thing that works for all- STEAL- Crime- do the time- pay the dime. AND as Cesare Bacceria said let people know right up front what will happen if they do such. Simply, what can work and should be implemented is AT THE TOP OF EACH WEBSITE PAGE IN BIG BOLD LETTERS STATE, bullet pointed and brief, maybe even on a floating bubble that must be clicked to access the page as indicated in attachments in this link
What might be considered is the Uniform Command concept of Alan Hiscox that is a guideline for all member nations, but for God’s sake, write it in Plain English as is an Executive Order President Obama wrote in to American law in 2010 [ www.plainlanguage.gov/plLaw ]. That said, MAKE SURE that Order is Enforced. The guideline? Taking the writing of these matters out of the hands of lawyers and let first grade teachers have a crack at writing the “See Spot Run” version of it. With all the expense invested into putting stuff online to reach people in their homes, then scribe it readable for the ma’arm down the street.
Be clear that when a law is broken, it is never one law being broken it is many broken at the same time. Law enforcement must have clarity too. On my site, The Center For Copyright Integrity, [ www.centerforcopyrightintegrity.com ] I listed multiple levels of law enforcement, not intending to show, in America, at least, how many levels of enforcement are involved in the futile effort to stem online theft this consultation chose not to adress. Point to be made is Look At All The Agencies involved and listen to the news to all the exploding revelations of millions of identities being compromised, in the least, President Obama’s signature legacy Healthcare.gov
Copyright is an heirloom no different than the diamond on your honey’s left hand. For some reason, the world is gone mad debating it Life+70 is long enough in a world that allows people to own heirlooms for generations. Technically, if copyright ‘term limits’ were applied in a world that allows people to own their heirlooms for generations, then European families would not be able to own family relics going back generations, castles would have been taken from family royal hands generations back and the Queen’s Tiara’s given to Di and Kate, could, end up belonging to Posh & Becks or the five year old next door.
This whole matter of Copyright and governments looking for cash when they aught to go after the cash cows torpedoing economies by not paying taxes, is
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[ IRE ] THE CELTIC TIGERs CAMOUFLAGE OF CONFLIGRATED COPYRIGHT COMMERCE - THE CELTIC KITTEN CUFFED TO AMERICA’s WAG (c) Carrie Devorah :
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APPLE IRELAND & WHERE DISAPPEARING DOLLARS CAN BECOME BITCOINS. Search “Ireland” on the Internet, a potpourri of results pop up, anything from actors to religion and 64000 LIKES of Embarrassing Life In Ireland on a Saturday night. Search a bit longer, “Hits” include fake painted house fronts when the G8 came to town. TV shows that hit America? My Big Fat Gypsy Wedding. When a politician wants to score a political home run, a connection is drawn to Irish roots, four leaf clovers are stuck in a lapel, a St Patrick Day parade is marched in, Green Beer is guzzled, the Potato Famine is invoked and Cops, Cabbage and Corn Beef are the Fail Safe answers in a ‘Name Ten Things Irish’ quiz along with Leprechaun, Four Leaf Clover, Shamrock and Pot O’ Gold.
Lost in the 24/7 of things used to be called News is the culture of Eire dating back Centuries, of Ireland being the home and history of horseracing, and Ireland the home of Technological Innovation preceding the Big Bark of America. People in America just don’t know much about Ireland’s “firsts” and ‘Things To Be Proud’ of.
Ireland has many things to be proud of in the United States like the White House, James Hoban’s Irish stamp in the New World. Who is James Hoban? Most people in DC think it’s a pub, which it is, located in Northwest DC, known best for its pretty fierce St Patricks Day celebration. Porto Potty’s line the walk in preparation for all the anticipated attendees. The James Hoban with more relevancy than a pint of Green Beer, is the Irishman who designed the White House, also built by many Irish Masons, their Masons’ mark, their IP (intellectual property) found during White House renovations, signed in to the brick.
Times have changed. Fast forward to the new world where technology forsakes Brick for Click. Ireland has precedence of Technological Innovation such as Coinless parking meters, Bikeshare and Tech hub ideas that by the time the idea crosses the pond, the idea shows up in Silicon Valley or at a Hackathon in a new version, unattributed. Ireland’s history of Swashbucklers, Vikings and Dan Donnelly seems lost when it comes to standing up to claiming, back from America, Top Tech Dog on the global stage.
Ireland’s reputation in Technology circles is as a Cash Park. Cash Parking Technology billions is not one of those things Ireland should be proud of. Technologies billions are being made, in part of, off of every day people’s Intellectual Property stolen by claiming the abused defense of Fair Use and Safe Harbor. Cash parking, a nice name for money laundering, occurs when a Company shuffles its financial deck so their “House” wins through Tax Avoidance. Ireland’s Leinster House is losing.
Irish unemployment is high. In 2011, unemployment numbers in some Irish towns topped a frightful 43% while Irish Ministers enticed Technological Giants to the Emerald Isles where the Tech Companies staffed up with foreign nationals. Unemployment in Cork has doubled in the past five years. Harvard professor Stephen Shay said the Apple profit per Cork employee was more than $9 million. Cork is Apple’s Irish based EMEA headquarters. EMEA? Europe, Middle East and Africa. Apple staffed its offices in Cork north of Blarney Road largely with foreigners able to provide service to counties of their native language, providing information ranging from tech support, to sales, to reseller support – the man from Spain speaks to customers in Spain, the woman in Norway speaks to people in Norway, and so on with Russia, Germany and the like- while Irish locals live below the poverty line on pay that is very low. There are tax advantages for Tech employers to pursue. Multinationals are working abroad in America, too. Foreign Multinationals work in tourist areas that Americans are not quick to travel for work to. The Foreign Nationals say they come to America for ‘education,’ to learn to speak English. Some Foreign Nationals never go home remaining in the shadows as illegals. Facebook CEO Mark Zuckerberg picked up the “Tech Industry Needs Immigrants” baton that Bill Gates dropped a few years back after politicking Congress. Zuckerberg is pushing for Immigrant Access to America with his newly established Facebook PAC, political action committee.
Despite Ireland needing money for its citizens, Apple Ireland paid less than 1% tax to Dublin. Google cut its taxes by $3.1 billion over the last three years bouncing profits country to country, including Ireland, until Google profits end up in corporate tax haven, Bermuda. Apple’s cash and investments top $100 billion, outranking the Irish government’s annual outlay. Laundering money through Ireland is a slap in the Commerce Face. During the financial crisis of the past decade, Ireland needed to turn to the EU and IMF for bailouts. It seems the Apple’s Tech Venture seeding falls far Ireland where Apple planted Tax convenient roots. The Bank of Ireland and Limerick University announced a new €26m fund for early stage companies. The fund, managed by Kernel Capital, is comprised of €17m from Bank of Ireland, €8m from the government-backed Enterprise Ireland and €1m from the University of Limerick Foundation. That’s MILLIONS. Ireland has been the Flow Through Patsy for Technology BILLIONS.
Tim Cook, CEO of Apple, testified to America’s Congress that Apple received a sweetheart deal to home his Tech company in Ireland. Irish ministers told Legislators differently. The Ministers said no. Tim Cook;s and the Irish Ministers’ stories conflict. Apple’s Irish headquarter isn’t new. Steve Jobs planted Apple’s base there back in 1980. Ireland and Technology have had a love affair for a while. One thing that is absolute when it comes to Technology and Taxes- time is telling. The truth will come out as it is getting a lot tougher to keep a secret stash of currency hidden, whether it is Marital Monies, Technology Billions or the newest Technological sleight of hand… It is illegal to hack into a spouse's personal password-protected smartphone or Paypal account or Facebook FB +3.28% page, or to secretly install a GPS in someone’s car or to install keystroke monitors on somebody's computer. It is legal to utilize GOOG +0.53% or look a person up on LinkedIN. Everytime an electronic device is on, information sent through it can be captured and tracked through browsing history or through tags, it is really quite 1984. Google searches turn up data in free public database. A lawyer learned his client's husband owned real estate in another state. A spouse learned her husband had sold his “valueless” company for millions of dollars. Oops.
Just like troubled couples trying to hide money from each other, corporations try to hide their money, too, which is where the Celtic Kitten fits in. Kitten? Yes. No longer a Tiger. A tiger would stand up and Roar “NO MORE.” Finding hidden money has never been easier. That said, finding hidden money is about to get that harder. Technology footprints have been tracked in paper trails- documents brought on line to creating a replication of the File Drawer or Shelf model for keeping Data available. Technology moved forward. Detective trails shifted from paper trails offline to searching trackable files on a computer etched onto a hard drive somewhere, available to be discovered. Online searches used to be anonymous. Now, online searchers are told the last time they visited the site. Anonymity is gone. “Going Green” was the carrot to scan then toss paper archives. Britain is reportedly stepping back, post NSA, to paper files. Anything online without a paper record if purged, is gone unless the data was backed up, too often, not. Pull the plug on the Internet and everything archived online is gone, nefarious in a world looking to input chips into fingers, Google Glass in bathrooms, put Google Eyes into pets or on to backs of Eagles to get birds eye views of Private Places… scary isn’t it. Getting Scarier is the fact Legislation evolves slower than Technology. Call centers, a thing of Irish industry since back a decade ago or so, are of worry in the Snowden/NSA fallout. Waterford is quite a popular site for Crystal and Call Centers, too.
The boatload of Apple (APPL) money doesn’t make it to Ireland. The route of Apple item ordered online is circuitous. The incoming call is picked up. An Irish Call Center would take the Order and responsibility for the Item until the Item reaches America via China or wherever the item is drop shipped to retailers around the world without touching Irish shores. Money that makes it to Ireland doesn’t stay there, flowing through to other of the Tech giants entity’s around the world. Cork unemployment remains disheartening. Apple’s multiple companies sit atop company accounts. Apple’s profits are buried in the string of shells. Apple’s cash sits in banks in New York while Braeburn Capital, based in Nevada, manages Apple’s Ireland billions. Braeburn is a play on Apple’s name. A Braeburn is a plant in the Apple family. Braeburn is one of over 43,389 companies under the Registered Company, The Corporation Trust Company of Nevada, located at 311 S Division Street in Carson City. In 2005, Braeburn Capitol filed “BRAEBURN CAPITAL, INC. FEDEX PRIORITY 10/4/05. 1CC. EXP. PAB TRACK #79240149910.” Fed Ex keeps records of where items are sent from…. No Par Share Count -0; Capital Amount:- $ 750.00; Par Share Count- 75,000.00; Par Share Value- $ 0.01; Treasurer - Gary Wipfler; Director - Gary Wipfler, Peter Tomei, Peter Oppenheimer, Michael Shapiro also its President; Secretary Gene Levoff- located at 6900 McCarran Blvd Suite 3020, Reno, 89509 Nevada. Or used to be. Braeburn has gone MIA. Investors and others are looking for Apple’s assets. Braeburn is under no legal obligation to report its holdings. Braeburn is a money manager not a hedge fund. “Braeburn is the world's largest hedge fund that is not really a hedge fund, nobody has heard of, and nobody knows just what assets it holds” wrote Tyler Durden.
At the end of 2005, Apple's holdings were $8.3 billion. By the end of 2006 Braeburn's Managed Assets had grown to $10.1 billion exceeding $130 billion by 2013, about equal to the world's largest hedge fund, Bridgewater Associates. CBRE Global Investors, the world's biggest real-estate fund with properties around the world, alleges $90 billion under management, Board meeting notes are recorded by Apple’s California based GC, Gene Levoff. An Irish barrister types the formal minutes. No clarification on if the rough scrawl notes is sent to the Irish solicitor by carrier pigeon, US mail or over the Internet. Significance. Fraud conducted through the US Mails or overwires has heavy penalties. Wires? RICO. US Mails. Postal fraud. Ernst and Young audits Apples books, and Googles and Facebooks and Amazons, each of whom have similar operations set up over in Ireland. Over 40 multinational companies have set up bases in and around Cork. Used to be the multinationals were food companies like KitKat. Ernst and Young is paid handsomely for their work. 2012 alone, Ernst and Young brought home around $6 billion. Google was the third highest contributor to Obama
This is where scarier falls in. Keeping in mind, everything that goes through as Search Engine or ISP provider never disappears, reappearing most unexpectedly when a ‘necessary’ politician will least expect “it.” More footprints used to track data are disappearing. In the past months, there has been plethora of online coverage addressing APPS that cause text messages and compromising photos to disappear. Moreso, there are the Technological Underground Railroads encouraged by the Department of State that are used to take an unsuspecting someone’s ISP and ‘donate’ it to, for example, an activist or…. Other. The newest sleight of hand to fear is Bitcoin… a limited online release of “currency”, promoted to be anonymous and that will disappear one day, most likely taking investors money with it. If Bitcoins doesn’t exist, according to Eircoin…. who will the robbed person call? How will they know how much to report missing, unless they backed up online statements.
Bitcoins is a decentralized digital currency like everything digital appears to have emerged out of the blue. Bitcoins are electronic currency invented by Satoshi Nakamoto, a mystery in his own self. Satoshi does not exist. Satoshi Nakamoto is the pseudonymous person or group of people who designed and created the original Bitcoin software. Nakamoto was allegedly 37 and male and living in Japan until he was outed by the New Yorker, who deducted Satoshi is Michael Clear, a young graduate student in cryptography at Trinity College in Dublin, named the top computer-science undergraduate at Trinity in 2008. IN 2009, Clear was hired by Allied Irish Banks to improve its currency-trading software. Fast Company deducted a link between an encryption patent application filed 15 August 2008 by Neal King, Vladimir Oksman and Charles Bry . The domain, bitcoin.org was registered 72 hours later. Bitcoins are electronic. The emergence of Bitcoins is pre determined in a geometrically descending limit to 21 million bitcoins. Once that number is hit, there will not be any more made. To date, there are 11, 023.350 Bitcoins worldwide. There is no regulatory Bitcoin Authority. No banks to hold Bitcoins or share them back and forth, just a peer to peer network and cryptography being mined. Transactions are time stamped as to when they are used. Every action within the network is noted. And a Bitcoin that sold in January 2013 for $9 is now valued at $200 beggaring the wonder that people would sooner trust a stranger rather than tried and trued world banking’s economy. Bitcoin has become a commodity rather than a currency. Digital wallets are being emptied. Online shops have been hacked. Nakamoto’s political motivation is expressed in a statement he posted, "Yes, [we will not find a solution to political problems in cryptography,] but we can win a major battle in the arms race and gain a new territory of freedom for several years. Governments are good at cutting off the heads of a centrally controlled networks like Napster, but pure P2P networks like Gnutella and Tor seem to be holding their own." - Satoshi Nakamoto The conversation of global currency is under the microscope at this time, compounded with flash trading and unpredicted, unchated rise and falls in the Stock Market making it seem that one day it seems it will disappear into thin air. That it has.
Suckers are born every minute moreso in a world of Technology where we engage with “people” we don’t even know to be people, talk to cars and phones that are electronic YET answer us back engaging in conversation. Bitcoins are an example of Man, Greed and Money- OPM- Other People’s Money.
Apple, Google, Microsoft’s Bing, Yahoo, et al have been making “bank” off the Intellectual Property of Users information, photos and artworks in the Search Engines and ISPs. The Search Engines and ISPs have been claiming FAIR USE and Safe Harbor as excuses for Unauthorized Use of Copyrights. Fair Use, Title XVII of the US Code, states clearly a Copyrighted Work may not be use din its entirety nor can its use impact the Copyright Owners ability to make a living from their IP. Safe Harbor is Search Engine and ISPs defense to Users of their Service utilizing images with the Search Engine and ISP claiming a “hands off” from liability for the User violating the Copyright. Not going to cut it when the matter is ultimately brought to suit. Complicity is a big deal more so when the crime is conducted through the mails and over the wires, let alone across the pond. Is there a kickback for the business being done? A question to ask and not the first time if proven. The fact is, Ireland cannot claim clean hands. Ireland is a Signer to the Berne Convention, Accession since October 5, 1927, Paris Act (1971) Accession: December 2, 2004, March 2, 2005; Stockholm Act (1967) signed January 12, 1968, Ratification: September 17, 1970, December 21, 1970; Brussels Act (1948) Signed June 26, 1948, Accession: May 4, 1959, entry into Force July 5, 1959; Rome Act (1928) Accession: April 16, 1935 entry into Force June 11, 1935; Berne Additional Protocol (1914) Accession: October 5, 1927; Berlin Act (1908) Accession: October 5, 1927. Accession to the Berlin Act (1908) subject to the following reservation: Article 8 of the Act is replaced by Article 5 of the Berne Convention, 1886, as modified by Article 1, Number III, of the Paris Additional Act, 1896, in respect of the exclusive right of authors to make or to authorize the translation of their works. There in the Declarations and Reservations lies the rub….
Bloomberg News looked at the journeying of monies focusing on Google as the example to track Profit’s in a Double Irish scheme, transferring money from one division to another, writing off expenses in high tax countries and leaving profits for the tax haven. The example given addressed Google licensing its IP, intellectual property’s Offshore Rights. The Offshore Rights include the Search Engine, complicit in trafficking the 2D(dimensional) ARTS IP(intellectual) and ID(identity) of Users, profiting from the 2D ARTS IP and ID without compensating the IP owner for the use. Google’s offshore rights it licensed included Google’s advertising systems along with Android. These are all licensing to Google Ireland Holdings, an Ireland subsidiary of Google. It takes a small payment for the license to avoid the 25% corporate tax rate Google would be subject to in America. Google Ireland Holdings management is not in Ireland. Google Ireland Holdings are located in Bermuda facilitating Google Ireland Holdings dodging Irish taxes. Google Ireland Ltd is credited with 88% of Googles revenue overseas. Google pays $5.4 billion in royalties to Google Ireland holdings, monies due Users for their stolen IP, intellectual property. Google Ireland sends the royalty payments to Google Netherlands Holdings BV in Holland, a shell company without employees, that just receives the payments, which , had the money stayed in Ireland would have been taxable. The money doesn’t stay in the Netherlands. The money goes to Google Ireland Ltd. Which doesn’t keep the money. The money is sent on to the Bermuda shell company. By moving the $9.8 billion to Bermuda, almost $2 billion in taxes is avoided by GOOG, the trading symbol for Google Inc., in 2011, 8-% of Google’s pre tax profit.
The benefits of Cork, Ireland to Apple is obvious. The benefit of Apple to Cork is minimal possibly becoming a liability with cause for Legal Action for Copyright Violation Claims against the Technology entities growing. The looming lawsuit is not about Tax Dodging. The looming suit will be premised on IP, Intellectual property theft. Ireland is complicit to Technology’s abuse of Fair Use and Safe Harbor violations along the lines of Napster case precedent theft. More than likely Julian Assange or Snowden have emails that will come in to play as to who knew what about the Irish flow through of Tech Billion ill gotten gains.
There is a way to slow the Technology Titans down. The Celtic Kitten can do it. FIRST take off the fur lined cuffs, there is a world of people waiting for Ireland to Roar. Bermuda is one of those odd spots in the world, the northernmost point of the Bermuda Triangle where things seem to disappear- people, ships, money…. Bitcoins? The Islands of Bermuda are a British Overseas Territory in the North Atlantic Ocean. Bermuda does have Copyright Laws, 218 pages of them. http://www.bermudalaws.bm/Laws/Consolidated%20Laws/Copyright%20and%20Designs%20Act%202004.pdf Part IV of Bermuda laws on Copyright addresses “Devices Designed to Circumvent Copy Protection.” It seems to be so simple. Theft is Theft. Laws on the Books are there for a purpose. When an individual or entity participate in a crime, the law is a one-size-fits-all, they participated in a crime, in this case, Ireland is the flow through country and the UK/Bermuda is holding the money earned illicitly through others 2D ARTS IP Intellectual property. James Hoban’s footprint for Ireland is history in America. Participating with American Companies in IP(intellectual property) fraud, may become Ireland’s downfall.
Legislators must understand IP, Intellectual Property- its value, its purpose and its reality Lawyers, Legislative General Counsels don’t know and that Wonks and Lobbyists wont let Legislators in on in that OPIP, Other Peoples Intellectual Property is integral to their constituents profit and success. If the Tech Giants could generate the quantity and uniqueness of Other People’s minds they would. They cant, so instead they steal it under defense of Fair Use and Safe Harbor, hiding profits in offshore havens. America has too many Government agencies focused on IP (www.centerforcopyrightintegrity.com), failing at getting ahead of the Piracy or Unauthorized Use ball. It boggles the mind that holding Signators accountable to their BERNE Convention appears not to have been considered the route to addressing Safe Havens for Tax Monies. Ireland is a Signator to the Berne Convention as is the Netherlands and America. Bermuda is British Territory. It’s responsible Minister is MP Mark Jonathon Mortlock Simmonds. Bermuda’s Monarch is HRH Queen Elizabeth II.
As it stands now, Ireland’s glorious history is tainted with Technology’s Tax Dodge. Irish culture has been around for generations. Remains of a Church on a Hill pre-date the 12th Century. Why is the Grace of Ireland following scurrilous America only a few hundred years young? The end of this story is already written. Tech is blaming Users. Ireland will take Tech’s fall. On the tail of the financial crisis, is Ireland ready to take the Fall, not realizing Ireland is the dog that wags America’s tail….
Ask a woman. Size doesn’t matter. Bigger isnt better. Class and integrity and Ireland rock. It is time Ireland stand tall and not back down to Technology catching the Emerald Isles up in lntellectual Property intrigue. America’s already taken claim to European Innovation that jumped the pond- like movies, TV shows and Boy Bands. Maybe its time for the Celtic Kitten to be uncuffed and rediscover its Celtic Tiger again…. take a stand with 2D ARTS IP(Intellectual Property) innovators wanting their rights, Privacy and Commerce back that are stolen by Technology. Oh, payment? Eircoin’s Bitcoin, not accepted.
Lost in the 24/7 of things used to be called News is the culture of Eire dating back Centuries, of Ireland being the home and history of horseracing, and Ireland the home of Technological Innovation preceding the Big Bark of America. People in America just don’t know much about Ireland’s “firsts” and ‘Things To Be Proud’ of.
Ireland has many things to be proud of in the United States like the White House, James Hoban’s Irish stamp in the New World. Who is James Hoban? Most people in DC think it’s a pub, which it is, located in Northwest DC, known best for its pretty fierce St Patricks Day celebration. Porto Potty’s line the walk in preparation for all the anticipated attendees. The James Hoban with more relevancy than a pint of Green Beer, is the Irishman who designed the White House, also built by many Irish Masons, their Masons’ mark, their IP (intellectual property) found during White House renovations, signed in to the brick.
Times have changed. Fast forward to the new world where technology forsakes Brick for Click. Ireland has precedence of Technological Innovation such as Coinless parking meters, Bikeshare and Tech hub ideas that by the time the idea crosses the pond, the idea shows up in Silicon Valley or at a Hackathon in a new version, unattributed. Ireland’s history of Swashbucklers, Vikings and Dan Donnelly seems lost when it comes to standing up to claiming, back from America, Top Tech Dog on the global stage.
Ireland’s reputation in Technology circles is as a Cash Park. Cash Parking Technology billions is not one of those things Ireland should be proud of. Technologies billions are being made, in part of, off of every day people’s Intellectual Property stolen by claiming the abused defense of Fair Use and Safe Harbor. Cash parking, a nice name for money laundering, occurs when a Company shuffles its financial deck so their “House” wins through Tax Avoidance. Ireland’s Leinster House is losing.
Irish unemployment is high. In 2011, unemployment numbers in some Irish towns topped a frightful 43% while Irish Ministers enticed Technological Giants to the Emerald Isles where the Tech Companies staffed up with foreign nationals. Unemployment in Cork has doubled in the past five years. Harvard professor Stephen Shay said the Apple profit per Cork employee was more than $9 million. Cork is Apple’s Irish based EMEA headquarters. EMEA? Europe, Middle East and Africa. Apple staffed its offices in Cork north of Blarney Road largely with foreigners able to provide service to counties of their native language, providing information ranging from tech support, to sales, to reseller support – the man from Spain speaks to customers in Spain, the woman in Norway speaks to people in Norway, and so on with Russia, Germany and the like- while Irish locals live below the poverty line on pay that is very low. There are tax advantages for Tech employers to pursue. Multinationals are working abroad in America, too. Foreign Multinationals work in tourist areas that Americans are not quick to travel for work to. The Foreign Nationals say they come to America for ‘education,’ to learn to speak English. Some Foreign Nationals never go home remaining in the shadows as illegals. Facebook CEO Mark Zuckerberg picked up the “Tech Industry Needs Immigrants” baton that Bill Gates dropped a few years back after politicking Congress. Zuckerberg is pushing for Immigrant Access to America with his newly established Facebook PAC, political action committee.
Despite Ireland needing money for its citizens, Apple Ireland paid less than 1% tax to Dublin. Google cut its taxes by $3.1 billion over the last three years bouncing profits country to country, including Ireland, until Google profits end up in corporate tax haven, Bermuda. Apple’s cash and investments top $100 billion, outranking the Irish government’s annual outlay. Laundering money through Ireland is a slap in the Commerce Face. During the financial crisis of the past decade, Ireland needed to turn to the EU and IMF for bailouts. It seems the Apple’s Tech Venture seeding falls far Ireland where Apple planted Tax convenient roots. The Bank of Ireland and Limerick University announced a new €26m fund for early stage companies. The fund, managed by Kernel Capital, is comprised of €17m from Bank of Ireland, €8m from the government-backed Enterprise Ireland and €1m from the University of Limerick Foundation. That’s MILLIONS. Ireland has been the Flow Through Patsy for Technology BILLIONS.
Tim Cook, CEO of Apple, testified to America’s Congress that Apple received a sweetheart deal to home his Tech company in Ireland. Irish ministers told Legislators differently. The Ministers said no. Tim Cook;s and the Irish Ministers’ stories conflict. Apple’s Irish headquarter isn’t new. Steve Jobs planted Apple’s base there back in 1980. Ireland and Technology have had a love affair for a while. One thing that is absolute when it comes to Technology and Taxes- time is telling. The truth will come out as it is getting a lot tougher to keep a secret stash of currency hidden, whether it is Marital Monies, Technology Billions or the newest Technological sleight of hand… It is illegal to hack into a spouse's personal password-protected smartphone or Paypal account or Facebook FB +3.28% page, or to secretly install a GPS in someone’s car or to install keystroke monitors on somebody's computer. It is legal to utilize GOOG +0.53% or look a person up on LinkedIN. Everytime an electronic device is on, information sent through it can be captured and tracked through browsing history or through tags, it is really quite 1984. Google searches turn up data in free public database. A lawyer learned his client's husband owned real estate in another state. A spouse learned her husband had sold his “valueless” company for millions of dollars. Oops.
Just like troubled couples trying to hide money from each other, corporations try to hide their money, too, which is where the Celtic Kitten fits in. Kitten? Yes. No longer a Tiger. A tiger would stand up and Roar “NO MORE.” Finding hidden money has never been easier. That said, finding hidden money is about to get that harder. Technology footprints have been tracked in paper trails- documents brought on line to creating a replication of the File Drawer or Shelf model for keeping Data available. Technology moved forward. Detective trails shifted from paper trails offline to searching trackable files on a computer etched onto a hard drive somewhere, available to be discovered. Online searches used to be anonymous. Now, online searchers are told the last time they visited the site. Anonymity is gone. “Going Green” was the carrot to scan then toss paper archives. Britain is reportedly stepping back, post NSA, to paper files. Anything online without a paper record if purged, is gone unless the data was backed up, too often, not. Pull the plug on the Internet and everything archived online is gone, nefarious in a world looking to input chips into fingers, Google Glass in bathrooms, put Google Eyes into pets or on to backs of Eagles to get birds eye views of Private Places… scary isn’t it. Getting Scarier is the fact Legislation evolves slower than Technology. Call centers, a thing of Irish industry since back a decade ago or so, are of worry in the Snowden/NSA fallout. Waterford is quite a popular site for Crystal and Call Centers, too.
The boatload of Apple (APPL) money doesn’t make it to Ireland. The route of Apple item ordered online is circuitous. The incoming call is picked up. An Irish Call Center would take the Order and responsibility for the Item until the Item reaches America via China or wherever the item is drop shipped to retailers around the world without touching Irish shores. Money that makes it to Ireland doesn’t stay there, flowing through to other of the Tech giants entity’s around the world. Cork unemployment remains disheartening. Apple’s multiple companies sit atop company accounts. Apple’s profits are buried in the string of shells. Apple’s cash sits in banks in New York while Braeburn Capital, based in Nevada, manages Apple’s Ireland billions. Braeburn is a play on Apple’s name. A Braeburn is a plant in the Apple family. Braeburn is one of over 43,389 companies under the Registered Company, The Corporation Trust Company of Nevada, located at 311 S Division Street in Carson City. In 2005, Braeburn Capitol filed “BRAEBURN CAPITAL, INC. FEDEX PRIORITY 10/4/05. 1CC. EXP. PAB TRACK #79240149910.” Fed Ex keeps records of where items are sent from…. No Par Share Count -0; Capital Amount:- $ 750.00; Par Share Count- 75,000.00; Par Share Value- $ 0.01; Treasurer - Gary Wipfler; Director - Gary Wipfler, Peter Tomei, Peter Oppenheimer, Michael Shapiro also its President; Secretary Gene Levoff- located at 6900 McCarran Blvd Suite 3020, Reno, 89509 Nevada. Or used to be. Braeburn has gone MIA. Investors and others are looking for Apple’s assets. Braeburn is under no legal obligation to report its holdings. Braeburn is a money manager not a hedge fund. “Braeburn is the world's largest hedge fund that is not really a hedge fund, nobody has heard of, and nobody knows just what assets it holds” wrote Tyler Durden.
At the end of 2005, Apple's holdings were $8.3 billion. By the end of 2006 Braeburn's Managed Assets had grown to $10.1 billion exceeding $130 billion by 2013, about equal to the world's largest hedge fund, Bridgewater Associates. CBRE Global Investors, the world's biggest real-estate fund with properties around the world, alleges $90 billion under management, Board meeting notes are recorded by Apple’s California based GC, Gene Levoff. An Irish barrister types the formal minutes. No clarification on if the rough scrawl notes is sent to the Irish solicitor by carrier pigeon, US mail or over the Internet. Significance. Fraud conducted through the US Mails or overwires has heavy penalties. Wires? RICO. US Mails. Postal fraud. Ernst and Young audits Apples books, and Googles and Facebooks and Amazons, each of whom have similar operations set up over in Ireland. Over 40 multinational companies have set up bases in and around Cork. Used to be the multinationals were food companies like KitKat. Ernst and Young is paid handsomely for their work. 2012 alone, Ernst and Young brought home around $6 billion. Google was the third highest contributor to Obama
This is where scarier falls in. Keeping in mind, everything that goes through as Search Engine or ISP provider never disappears, reappearing most unexpectedly when a ‘necessary’ politician will least expect “it.” More footprints used to track data are disappearing. In the past months, there has been plethora of online coverage addressing APPS that cause text messages and compromising photos to disappear. Moreso, there are the Technological Underground Railroads encouraged by the Department of State that are used to take an unsuspecting someone’s ISP and ‘donate’ it to, for example, an activist or…. Other. The newest sleight of hand to fear is Bitcoin… a limited online release of “currency”, promoted to be anonymous and that will disappear one day, most likely taking investors money with it. If Bitcoins doesn’t exist, according to Eircoin…. who will the robbed person call? How will they know how much to report missing, unless they backed up online statements.
Bitcoins is a decentralized digital currency like everything digital appears to have emerged out of the blue. Bitcoins are electronic currency invented by Satoshi Nakamoto, a mystery in his own self. Satoshi does not exist. Satoshi Nakamoto is the pseudonymous person or group of people who designed and created the original Bitcoin software. Nakamoto was allegedly 37 and male and living in Japan until he was outed by the New Yorker, who deducted Satoshi is Michael Clear, a young graduate student in cryptography at Trinity College in Dublin, named the top computer-science undergraduate at Trinity in 2008. IN 2009, Clear was hired by Allied Irish Banks to improve its currency-trading software. Fast Company deducted a link between an encryption patent application filed 15 August 2008 by Neal King, Vladimir Oksman and Charles Bry . The domain, bitcoin.org was registered 72 hours later. Bitcoins are electronic. The emergence of Bitcoins is pre determined in a geometrically descending limit to 21 million bitcoins. Once that number is hit, there will not be any more made. To date, there are 11, 023.350 Bitcoins worldwide. There is no regulatory Bitcoin Authority. No banks to hold Bitcoins or share them back and forth, just a peer to peer network and cryptography being mined. Transactions are time stamped as to when they are used. Every action within the network is noted. And a Bitcoin that sold in January 2013 for $9 is now valued at $200 beggaring the wonder that people would sooner trust a stranger rather than tried and trued world banking’s economy. Bitcoin has become a commodity rather than a currency. Digital wallets are being emptied. Online shops have been hacked. Nakamoto’s political motivation is expressed in a statement he posted, "Yes, [we will not find a solution to political problems in cryptography,] but we can win a major battle in the arms race and gain a new territory of freedom for several years. Governments are good at cutting off the heads of a centrally controlled networks like Napster, but pure P2P networks like Gnutella and Tor seem to be holding their own." - Satoshi Nakamoto The conversation of global currency is under the microscope at this time, compounded with flash trading and unpredicted, unchated rise and falls in the Stock Market making it seem that one day it seems it will disappear into thin air. That it has.
Suckers are born every minute moreso in a world of Technology where we engage with “people” we don’t even know to be people, talk to cars and phones that are electronic YET answer us back engaging in conversation. Bitcoins are an example of Man, Greed and Money- OPM- Other People’s Money.
Apple, Google, Microsoft’s Bing, Yahoo, et al have been making “bank” off the Intellectual Property of Users information, photos and artworks in the Search Engines and ISPs. The Search Engines and ISPs have been claiming FAIR USE and Safe Harbor as excuses for Unauthorized Use of Copyrights. Fair Use, Title XVII of the US Code, states clearly a Copyrighted Work may not be use din its entirety nor can its use impact the Copyright Owners ability to make a living from their IP. Safe Harbor is Search Engine and ISPs defense to Users of their Service utilizing images with the Search Engine and ISP claiming a “hands off” from liability for the User violating the Copyright. Not going to cut it when the matter is ultimately brought to suit. Complicity is a big deal more so when the crime is conducted through the mails and over the wires, let alone across the pond. Is there a kickback for the business being done? A question to ask and not the first time if proven. The fact is, Ireland cannot claim clean hands. Ireland is a Signer to the Berne Convention, Accession since October 5, 1927, Paris Act (1971) Accession: December 2, 2004, March 2, 2005; Stockholm Act (1967) signed January 12, 1968, Ratification: September 17, 1970, December 21, 1970; Brussels Act (1948) Signed June 26, 1948, Accession: May 4, 1959, entry into Force July 5, 1959; Rome Act (1928) Accession: April 16, 1935 entry into Force June 11, 1935; Berne Additional Protocol (1914) Accession: October 5, 1927; Berlin Act (1908) Accession: October 5, 1927. Accession to the Berlin Act (1908) subject to the following reservation: Article 8 of the Act is replaced by Article 5 of the Berne Convention, 1886, as modified by Article 1, Number III, of the Paris Additional Act, 1896, in respect of the exclusive right of authors to make or to authorize the translation of their works. There in the Declarations and Reservations lies the rub….
Bloomberg News looked at the journeying of monies focusing on Google as the example to track Profit’s in a Double Irish scheme, transferring money from one division to another, writing off expenses in high tax countries and leaving profits for the tax haven. The example given addressed Google licensing its IP, intellectual property’s Offshore Rights. The Offshore Rights include the Search Engine, complicit in trafficking the 2D(dimensional) ARTS IP(intellectual) and ID(identity) of Users, profiting from the 2D ARTS IP and ID without compensating the IP owner for the use. Google’s offshore rights it licensed included Google’s advertising systems along with Android. These are all licensing to Google Ireland Holdings, an Ireland subsidiary of Google. It takes a small payment for the license to avoid the 25% corporate tax rate Google would be subject to in America. Google Ireland Holdings management is not in Ireland. Google Ireland Holdings are located in Bermuda facilitating Google Ireland Holdings dodging Irish taxes. Google Ireland Ltd is credited with 88% of Googles revenue overseas. Google pays $5.4 billion in royalties to Google Ireland holdings, monies due Users for their stolen IP, intellectual property. Google Ireland sends the royalty payments to Google Netherlands Holdings BV in Holland, a shell company without employees, that just receives the payments, which , had the money stayed in Ireland would have been taxable. The money doesn’t stay in the Netherlands. The money goes to Google Ireland Ltd. Which doesn’t keep the money. The money is sent on to the Bermuda shell company. By moving the $9.8 billion to Bermuda, almost $2 billion in taxes is avoided by GOOG, the trading symbol for Google Inc., in 2011, 8-% of Google’s pre tax profit.
The benefits of Cork, Ireland to Apple is obvious. The benefit of Apple to Cork is minimal possibly becoming a liability with cause for Legal Action for Copyright Violation Claims against the Technology entities growing. The looming lawsuit is not about Tax Dodging. The looming suit will be premised on IP, Intellectual property theft. Ireland is complicit to Technology’s abuse of Fair Use and Safe Harbor violations along the lines of Napster case precedent theft. More than likely Julian Assange or Snowden have emails that will come in to play as to who knew what about the Irish flow through of Tech Billion ill gotten gains.
There is a way to slow the Technology Titans down. The Celtic Kitten can do it. FIRST take off the fur lined cuffs, there is a world of people waiting for Ireland to Roar. Bermuda is one of those odd spots in the world, the northernmost point of the Bermuda Triangle where things seem to disappear- people, ships, money…. Bitcoins? The Islands of Bermuda are a British Overseas Territory in the North Atlantic Ocean. Bermuda does have Copyright Laws, 218 pages of them. http://www.bermudalaws.bm/Laws/Consolidated%20Laws/Copyright%20and%20Designs%20Act%202004.pdf Part IV of Bermuda laws on Copyright addresses “Devices Designed to Circumvent Copy Protection.” It seems to be so simple. Theft is Theft. Laws on the Books are there for a purpose. When an individual or entity participate in a crime, the law is a one-size-fits-all, they participated in a crime, in this case, Ireland is the flow through country and the UK/Bermuda is holding the money earned illicitly through others 2D ARTS IP Intellectual property. James Hoban’s footprint for Ireland is history in America. Participating with American Companies in IP(intellectual property) fraud, may become Ireland’s downfall.
Legislators must understand IP, Intellectual Property- its value, its purpose and its reality Lawyers, Legislative General Counsels don’t know and that Wonks and Lobbyists wont let Legislators in on in that OPIP, Other Peoples Intellectual Property is integral to their constituents profit and success. If the Tech Giants could generate the quantity and uniqueness of Other People’s minds they would. They cant, so instead they steal it under defense of Fair Use and Safe Harbor, hiding profits in offshore havens. America has too many Government agencies focused on IP (www.centerforcopyrightintegrity.com), failing at getting ahead of the Piracy or Unauthorized Use ball. It boggles the mind that holding Signators accountable to their BERNE Convention appears not to have been considered the route to addressing Safe Havens for Tax Monies. Ireland is a Signator to the Berne Convention as is the Netherlands and America. Bermuda is British Territory. It’s responsible Minister is MP Mark Jonathon Mortlock Simmonds. Bermuda’s Monarch is HRH Queen Elizabeth II.
As it stands now, Ireland’s glorious history is tainted with Technology’s Tax Dodge. Irish culture has been around for generations. Remains of a Church on a Hill pre-date the 12th Century. Why is the Grace of Ireland following scurrilous America only a few hundred years young? The end of this story is already written. Tech is blaming Users. Ireland will take Tech’s fall. On the tail of the financial crisis, is Ireland ready to take the Fall, not realizing Ireland is the dog that wags America’s tail….
Ask a woman. Size doesn’t matter. Bigger isnt better. Class and integrity and Ireland rock. It is time Ireland stand tall and not back down to Technology catching the Emerald Isles up in lntellectual Property intrigue. America’s already taken claim to European Innovation that jumped the pond- like movies, TV shows and Boy Bands. Maybe its time for the Celtic Kitten to be uncuffed and rediscover its Celtic Tiger again…. take a stand with 2D ARTS IP(Intellectual Property) innovators wanting their rights, Privacy and Commerce back that are stolen by Technology. Oh, payment? Eircoin’s Bitcoin, not accepted.
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[ uK ] LORD LEVESONS INQUIRY FAILED (c) Carrie Devorah
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Lord Justice Leveson’s Final Inquiry failed before it started. Levesons premise was MEDIA or PRESS exist.
Liverpool born Lord Justice Leveson was asked to lead the public inquiry into the culture, practices and ethics of the British Press, starting with News Of The World. The scope expanded to include the BBC and social media under the Inquiries Act of 2005, answering the question “ Who guards the guardians” providing “an essential check on all aspects of public life” the press writes on. Leveson held seminars including the topic “the law, the ethics if journalism both from broadsheet and tabloid perspectives and issues of regulation all in the context of supporting the integrity, freedom and independence of the press while ensuring the highest ethical and professional standards.” Leveson said he would hold “some discussion of what amounts to public good, to what extent the public interest should be taken into account and by whom” seeking recommendations for a “more effective policy and regulatory regime supporting the integrity and freedom of the press…” ” extent of unlawful or improper conduct with in among other media organizations…”.
Lord Justice Leveson started his press conference adressing public revulsion at a teenage girl’s cell phone being hacked. (http://www.levesoninquiry.org.uk/about/the-report/) Small world that it is, there is more to the story only I know to tell.
Milly Dowling’s mother had said in a television moment or told media her daughter was ironing her jeans before heading by herself, a fourteen year old, to a concert down in London by herself. I believe Millie’s mother let her take the train, I believe, to Londong by herself. A parent let a child, a 14 year old child, travel in that way, at that late hour by herself. That detail disappeared from the news. I did look for it to repeat itself. As did Reverend Al Sharpton’s moment blaming the Jews for the Howard Beach incident disappear from being repeated in the news, so did this. Media? Politicos? Or Policing. Pick one. Or pick them all.
I thought that detail of Millie ironing her jeans to then travel to London was important. I cross credentialed as a CCIA, MPI, profiler plus. I was active in building the first discrete site crime analysis lab on a college campus on the continent. I was relevant enough to head to the Marleybone constabulary with that detail, bringing along my certification and my Chief’s letter to validate my input in this disappearance.
I presented my credentials. I stated my point. The constable I was speaking with stood up, came, stood next to me, put his arm on mine, looked me in the eyes and said, chillingly “There are some details better left alone.” And then he repeated himself. There was nothing further I wanted the constable, the British version of a desk sergeant to say. I understood a veiled threat when I heard one. I left. And I hoped I would never run into that officer again.I never forgot those words. I also never forgot Millie’s website set up in her memory nor the lesson parents need to hear that sometimes are children are children. And sometimes the world is the world.
Lord Justice Leveson did not adress the Soham murders. Was it two years before the trial of the teacher and her boyfriend that the Daily Express offered a reward for details leading to the capture of the murderers and finding the girls. I had sent my notes in to the Express. I spoke to the then editor. Headlines tend to dominate decision making for papers as headlines tend to dominate for constables with chilling tones. The Evening Herald in Dublin ran my pieces. From Day 1, I had described a John Steinbeck scenario of Lenny in the Grapes of Wrath. One girl spooked. Killed while being muffled. The other. A witness. We know the end of the story, don’t we. So who is more at fault, the constabulary who did not want to adress a 14 year olds train ride to London I believe Millie took, or the media, who wanted sales generated by wild goose chases of sightings by cab drivers, mounds in fields and so on. Or parents partying without oversight to children. David Beckham was made the hero here when in fact it was the little girl wearing Beckham’s number which contributed to their deaths. Beckham’s 7 was the conversation opener between the murderer and the murdered.
Lord Justice Leveson focused on the young Millie Dowling but I did not hear mention of the security breach of the Buckingham Palace when two men calling themselves journalists bragged of having gone into the room that, I believe, Condaleeza Rice was to have slept in when visiting the Palace. That Lord Justice Leveson ignored the risk to security of our Queen is a fine example Lord Justice Leveson may have set out on his inquiry with an agenda or an answer in mind.
The reality is Media and Police need each other to survive. Through my efforts, and at personal cost, I was instrumental in fostering dialogue between the White House News Photographers Association and MPDC. This is not yo’ momma’s police as the urban expression is tweaked. Officers today have been raised in Social Networking. Citizens carry camera gear as sophisticated, and at times more sophisticated, that credentialed media out on jobs. Along with homemade press credentials technology allows to be looking better than real, the risk from terrorism, nutters is greater than ever before. Officers may stand down on issues due to concern of being sued for doing their jobs, ie partners who call the police then turn on the police when their lover is being arrested, or in this case, media photos being used or abused in issues involving police. Bottom line fact here, Lord Justice Leveson lost the opportunity to require Officers to meet with media to (a) understand how news gear can be used for terroristic purposes ie. Digital cameras when snapped without a card inside will show a photo leaving the cavity open for carrying (b) foster positive relations between Media and officers who may and do need each other in moments of concern ie. Identifying persons purporting to be media causing possible risk. Lord Justice Leveson must realize ethical officers and ethical media persons want to go home at the end of the day to their loved ones. Lord Justice Levesons direction should have been to build a simple, bullet pointed national common language handbook for media and officers to follow, similar to the National language handbook established by former Mounted Alan Hiscox recognizing that officers brought from across the UK where and when needed all had different signals which created chaos when brought to work together in the same event ie marches in London near Parliament.
This Inquiry was a teaching lesson and building point lost.
Who is to say the investigative work of the police was more valuable or less valuable than the investigative work done by the paper. It was what I read in the papers that allowed me to profile both murders, building piles of data and sorting through the piles for details. Millie’s case and the Soham’s girls situations are prime examples of bad policing where as Lord Justice Leveson words ring biased. Where police failed, Media mattered.
But Media died. Press is what one does to a doorbell. Levesons limited understanding of what ‘media’ is in an Internet age doomed his chairing the inquiry before it started http://www.levesoninquiry.org.uk These days too many badges saying ‘press’ are home made at the local FEDX/Kinkos by wannabes wanting in on the Circus, people with opinions they express on the internet seeking their fifteen minutes of fame. Media, as it was once known, officially died in DC in the East Room of the White House the day President Obama signed the Health Care Act in to law. Media’s money shot was blocked by audience holding cell phones and cameras high in the air credentialed photographers could not shoot around. The President was using his bloated photographic staff to provide then distribute ‘behind the scenes’ photos over Flickr, Shutterfly, Instagram, Pinterest, youtube plus.
After several months of deliberating Media Gone Wild, Leveson provided a 2000 page report on his inquiry. Only ONE of out of over 2000 pages addressed Social Media, in a world gone lawless with the Internet outpacing legislators attempts to regulate online with measures to end lawless practices. Leveson erred when he wrote “the press on the other hand does claim to operate by and adhere to an ethical code of conduct” and “the Internet does not claim to operate by express ethical standards so. Bloggers and others may if they choose act with impunity.” Leveson failed to note Internet users and Print are equally bound by local and other laws- business, racist, hate speech, threats, fraud, and so on. The difference is, Bloggers and others cannot be found easily, if at all, while Print can.
Leveson failed to note everyone today is Media from the 5 year old girl taking video at a red carpet for Michael Moore’s movie, about big money in politics, to the stalking grandmother who spends her retired days going from one Think Tank event to another, camera in hand. Had I not been there to separate Dick Thornburgh from her, one can only imagine. The fear in his face. The lack of think tank security with on site staff not trained how to separate the former US Attorney General from a woman he did not want to offend lest that become a moment she posted to the Internet, picked up in the broken telephone then reported as ‘by media’ who are unfettered, untrained home grown “gotcha” people misrepresenting themselves as “MEDIA”. The Leveson Inquiry did not address them. Understandable, Leveson does not know Media died. Entertainment lives in print, online and on television.
The Internet is bloated with brain farts called Twitter, glutted with the obscenity of Reality TV starz with handheld PDAs, people with cameras turned stalkerazzi, feeding images to online Internet sites offering Photos of Stars to whoever will pay for pics of Famous people. These sites pop up overnight at little cost, tracking stars or politicos with GPS, interrupting stars in bathroom stalls, chase them into parking garages or in family moments. Actor Joey Pantalone complained he cant take his family to dinner in a public restaurant without being interrupted or followed or snapped with a spoon in his mouth. Andrew Dice Clay and Shia Le Beouf threw coffee at a paparazzi stalking them. Hayden Pantierre said she didn’t know how to ask the paparazzi stalking her to go away, fearing the paparazzi would sell a story on her not being nice.
Leveson said press “operates very differently from blogs on the Internet and other social media such as Twitter.” Leveson was correct. Land locked print entities are trackable at brick addresses while the Internet runs lawless with anonymous postings, untrackable site owners, no brick addresses, no phone numbers, no way to track entities invading privacies, participating in ID theft, IP theft. The Internet allows phantoms to disappear in a click of a DELETE button.
Lord Justice Leveson erred saying there is no longer a presumption of privacy. There is a presumption of privacy. There is a failure to define privacy boundaries from invasion by technology giants Google, Microsoft, Bing, and the consumer. It isn’t phone hacking that should be on trial. The individuals privacy is under attack by marketers bundled user data for targeted marketing. TV technology is being used to watch viewers for targeted marketing. A couple snuggling on their sofa will be sent lovey-dovey advertisements between shows.
Lord Justice Leveson saying Print Media has a grasp on Reader Consumption was wrong. New York State’s oldest newspaper the 214 year old Ballston Journal was closed down December 21st, with owner Angela McFarland citing “increasing production costs, shifts in readership and declining advertising revenue all played a part in her decision to convert to a digital-only format.” McFarland was transitioning the Journal from print to online. Costs for ink, paper and mailing were continuing to rise. McFarland was seeing businesses “relying on social media hoping that will get them through.” McFarland wasn’t seeing a lot of local advertising dollars being spent. Local officials, chambers of commerce and investors did not provide the $25-$50K she sought. McFarland said “online and social media traffic began to outpace print subscriptions… I think a smart media person learns to go adapt and go where the eyeballs are.” McFarland hired a consulting firm specializing in digital news to help her transition from print to paywall. Paywall means some content is only for people who pay for access to the content.
Billionaire investor Warren Buffett owned World Media Enterprises closed the 143 year old Manassas News & Messenger and its website InsideNoVa.com covering news in Prince William County, Manassas and Manassas Park Sunday. All employees lost their jobs. Seventy two other jobs have been cut in the company. World Media Enterprises purchased the paper, as well as others, from Media General in June said the paper was losing money and “had a tough time finding the sense of community that a community newspaper needs to prosper.”
The Newspaper Association of America stats indicated the nine months prior to September 30th, “print advertising in the nation’s newspapers fell 7.7% while online ads grew by 2.5%.” Online ads are 15% of advertisers $16 billion spent towards reaching newspaper audiences. Digital revenue has a ways to go to make up for lost print sales. Fenimore Asset Management media research analyst Drew Wilson said newspapers appear to be losing out the most “in the reapportioning of the print pie.” Wilson predicts the way forward is more digital only publications and “definitely” less print publications. Publications continue to cut back print editions. Not even selling Newsweek for $1 could save America’s iconic publication. RIP December 31st, Newsweeks last print edition.
The Pew Research Center for the People & the Press, a project undertaken in conjunction with the Project for Excellence in Journalism’s News Coverage Index, conducts an ongoing content analysis of the news. 1000 adults over the age of 18 are interviewed by telephone.
The Pew Center study corrected Lord Justice Leveson’s misstatement. Leveson said, television continues to be cited most frequently as a main source for national and international news, at 70%.” “For young people, however, the internet now rivals television as a main source of national and international news. Nearly six-in-ten Americans younger than 30 (59%) say they get most of their national and international news online; an identical percentage cites television.”
(http://www.people-press.org/2008/12/23/internet-overtakes-newspapers-as-news-outlet/)
A second Pew report showed news is going mobile seeking mobile platforms to stimulate revenue in local markets. 28% said losing their local paper would hurt their ability to keep up with information. 39% said the “loss of the newspaper would have no impact.” “Nearly half of all American adults (47%) report that they get at least some local news and information on their cellphone or tablet computer.
§ 35% of mobile local news consumers feel they can have a big impact on their community (vs. 27% of other adults)
§ 65% feel it is easier today than five years ago to keep up with information about their community (vs. 47% of non mobile connectors)
§ 51% use six or more different sources or platforms monthly to get local news and information (vs. 21%)
§ 75% use social network sites (vs. 42%)
§ 15% use Twitter (vs. 4%)
(http://pewinternet.org/Reports/2011/Local-mobile-news/Summary-of-findings.aspx)
Leveson was wrong stating (1) “although the press is not a person or a body corporate or incorporate, I shall adress notices under rule 13 of the 2006 rules to ‘the press’ as a class likely to be restricted to the national (as opposed to the regional) press but to encompass not only core participants but also other companies who operate titles that fall within this definition.” The media is made the wrong up. Leveson do.
Further more noting ‘most people will not assume that what they read on the Internet is trustworthy or that is carries any particular assurance or accuracy.’ Suggesting there is a ‘qualitative difference’ between seeing a picture posted online versus people seeing a photo on the front page of a newspaper is ignoring most people read news online. It is Online communication not a dying print industry that spreads words, truth or lie (twitter at less than 144 characters) faster than wildfire. This is a world where each countries search engines censor what the rest of the world sees. Malfeasance in the UK may not be seen by the rest of the world. Malfeasance spread to the rest of the world is blocked from the UK- a decision made by legislators and the megaliths Lord Justice Leveson chose not to address.
As a faith filled man, Lord Justice Leveson understands the comparison of the Internet’s scope of distribution being beyond imagination with the facility to spread embarrassment, shame and lies within the Internet vortex best likened to Sodom and Gemorah, a thousand voices speaking at once lightening fast rather than the slow speed of print- one purchased newspaper at a time.
Leveson forgot.
Media, print, online are descriptive words. People are what provide content. Leveson’s one and only conclusion should have been involved persons are the sacrificial lambs used for example just like the olden days of England where Justice took place in public squares in view of the masses. Times haven’t changed. Innovation has. The new public square is the Internet not print. People failed. Humanity disappointed. Not the print industry but people who think the internet is a forum to get away with breaches of decency and etiquette.
Lord Justice Leveson failed to acknowledge in his ONE sheet addressing Social Media that content providers to websites, blogs, have access to places real media cant go. Leveson failed to acknowledge Print Media now repeats its content online. Real media movement at events is restricted by their Press handlers who restrict access. That is exactly how Mitt Romneys campaign killing youtube moment was made. Media was not allowed in the room. Someone with an agenda and a Guest Ticket was in the room. This was the case with naked Prince Harry. Media didn’t take the photo. An attendee with a PDA knowing the value of the photo took the picture. I photographed the Prince at Cirencester polo. Credentialed media were told by the Duke not to photograph the boys departing in Wills car. Media respected the Duke. We turned our camera lens down.
Lord Justice Leveson holding what is left of the Print Industry to a higher standard is wrong. Leveson should have held society to the same standard, one of the Ten Commandments as an orthodox Jew he upholds, “RESPECT”. The words “Kabed et aveecha v’et amehcha”, “Honor thy Father and Mother” apply to how we treat our fellow man.
Lord Justice Leveson holding what is left of the Print Industry to a higher standard than online mega-entities “likely to have to operate under considerable new constraints but big online publishers such as Google, Facebook and Twitter are likely to remain unaffected” confirmed Leveson’s unsuitability to chair the Inquiry. Governments including the UK government are using technological giants to implement increasing invasion of privacies people once held even in their own homes. Twitter, Facebook, Google etc turn in private conversations to law enforcement. People are learning in real time, real life, litigation and in Technology industry disclosures that their online communication did not DELETE when the User clicked the DELETE button. It is those exact megalith “online publishers such as Google, Facebook and Twitter” who hold our lives, trade secrets, legal briefs, indiscretions that Lord Justice Leveson should have addressed not what is left of a once glorious profession- Print, moreso since the megaliths admit they are not exempt from hacking. Even Lord Justice Leveson and his family are at risk for public humiliation if groups like Anonymous or Julian Assange decide to expose what goes on beneath a Lords robes.
Lord Justice Leveson erred when said “social media and blogs are in an ethical vacuum beyond the remit of regulation.” Social media and blogs are IN the “remit of regulation.” Laws, legal books, judicial decisions fit this newest business medium. The comparative is simple-Apples to Apples. Online or offline a sale is sale, business is business, stalking is stalking, theft is theft, verbal abuse and bullying are verbal abuse and bullying, I can go on. Lord Justice Leveson should have said ‘don’t make new laws.’ Paraphrasing OJ’s council, “If the law fits, use it.”
The expression ‘America sneezes the UK catches the cold’ bodes here to. The virus is technological innovation outpacing legislative interpretation and implementation. Technology is mirroring peoples real time behaviours brought to the surface by the Internet giants. Courtesy of the internet, online stalking is the new way- using GPS tracking and Foursquare, disclosure of private information- banking details, addresses, unpublished numbers even private passwords to websites, advents like google maps showing a person at their home in great detail, poking, copyright and patent theft, IP and ID theft. Lord Justice Leveson’s failure doesn’t stop here. Lord Justice Levesons failure begins here. Lord Justice Leveson missed his chance to create the higher standard to rein in the global Internet as continues as it continues to morph.
A practicing Orthodox Jew, Leveson answers to a Higher Authority as Leveson rules from the Bench and his private life, guided by the Ten Commandments that list three THOU SHALTS and seven THOU SHALT NOTs- not steal, not murder, not lie, love thy neighbor, respect elders and be kind to fellow man. Lawmakers sitting in the Supreme Court Of The United States in Washington DC, a reminded their Court answers to an even Higher Authority by the ever present Decalogue held in Moses hands carved in to the right frieze above them. Supreme Court Justice Ruth Bader Ginsburg said at a Holocaust Memorial held at Capitol Hill, her decision making is influenced by the Biblical phrase “Rodef Rodef Shalom,” “chase chase peace.” Leveson failed to pursue peace or Justice. Leveson failed to rule by the traditions of Orthodoxy before him as did the Deborahs, the Solomons before him are remembered, still, generations later.
Leveson forgot his ancestry. Media, print, online are descriptive words. People are what provide content. More than likely, Anonymous or Assange or their wannabees or other insidious people trained at proliferating hacking schools are going to dig deep the reveal Lord Justice Levesons online and offline life. They did it to the New York Times, publishing the papers staff’s personal information after the NYT published personal details on gun owners. The NYT set to publish more gun owner data. It isnt rocket science more NYT personal info will be released. Online.
RIP Media. The final nail is in Print’s coffin. Given a chance to do something amazing, Higher Authority Lord Justice Leveson failed.
[ Carrie Devorah is a former member of the NUJ, National Union of Journalists, is a member of the Senate Press Photographers and the White House News Photographers Associations in Washington DC. Devorah is a former religion editor well known for her works in faith. Devorah is an alumnus of Yeshiva University's Stern College For Women & Pratt Institute ]
Liverpool born Lord Justice Leveson was asked to lead the public inquiry into the culture, practices and ethics of the British Press, starting with News Of The World. The scope expanded to include the BBC and social media under the Inquiries Act of 2005, answering the question “ Who guards the guardians” providing “an essential check on all aspects of public life” the press writes on. Leveson held seminars including the topic “the law, the ethics if journalism both from broadsheet and tabloid perspectives and issues of regulation all in the context of supporting the integrity, freedom and independence of the press while ensuring the highest ethical and professional standards.” Leveson said he would hold “some discussion of what amounts to public good, to what extent the public interest should be taken into account and by whom” seeking recommendations for a “more effective policy and regulatory regime supporting the integrity and freedom of the press…” ” extent of unlawful or improper conduct with in among other media organizations…”.
Lord Justice Leveson started his press conference adressing public revulsion at a teenage girl’s cell phone being hacked. (http://www.levesoninquiry.org.uk/about/the-report/) Small world that it is, there is more to the story only I know to tell.
Milly Dowling’s mother had said in a television moment or told media her daughter was ironing her jeans before heading by herself, a fourteen year old, to a concert down in London by herself. I believe Millie’s mother let her take the train, I believe, to Londong by herself. A parent let a child, a 14 year old child, travel in that way, at that late hour by herself. That detail disappeared from the news. I did look for it to repeat itself. As did Reverend Al Sharpton’s moment blaming the Jews for the Howard Beach incident disappear from being repeated in the news, so did this. Media? Politicos? Or Policing. Pick one. Or pick them all.
I thought that detail of Millie ironing her jeans to then travel to London was important. I cross credentialed as a CCIA, MPI, profiler plus. I was active in building the first discrete site crime analysis lab on a college campus on the continent. I was relevant enough to head to the Marleybone constabulary with that detail, bringing along my certification and my Chief’s letter to validate my input in this disappearance.
I presented my credentials. I stated my point. The constable I was speaking with stood up, came, stood next to me, put his arm on mine, looked me in the eyes and said, chillingly “There are some details better left alone.” And then he repeated himself. There was nothing further I wanted the constable, the British version of a desk sergeant to say. I understood a veiled threat when I heard one. I left. And I hoped I would never run into that officer again.I never forgot those words. I also never forgot Millie’s website set up in her memory nor the lesson parents need to hear that sometimes are children are children. And sometimes the world is the world.
Lord Justice Leveson did not adress the Soham murders. Was it two years before the trial of the teacher and her boyfriend that the Daily Express offered a reward for details leading to the capture of the murderers and finding the girls. I had sent my notes in to the Express. I spoke to the then editor. Headlines tend to dominate decision making for papers as headlines tend to dominate for constables with chilling tones. The Evening Herald in Dublin ran my pieces. From Day 1, I had described a John Steinbeck scenario of Lenny in the Grapes of Wrath. One girl spooked. Killed while being muffled. The other. A witness. We know the end of the story, don’t we. So who is more at fault, the constabulary who did not want to adress a 14 year olds train ride to London I believe Millie took, or the media, who wanted sales generated by wild goose chases of sightings by cab drivers, mounds in fields and so on. Or parents partying without oversight to children. David Beckham was made the hero here when in fact it was the little girl wearing Beckham’s number which contributed to their deaths. Beckham’s 7 was the conversation opener between the murderer and the murdered.
Lord Justice Leveson focused on the young Millie Dowling but I did not hear mention of the security breach of the Buckingham Palace when two men calling themselves journalists bragged of having gone into the room that, I believe, Condaleeza Rice was to have slept in when visiting the Palace. That Lord Justice Leveson ignored the risk to security of our Queen is a fine example Lord Justice Leveson may have set out on his inquiry with an agenda or an answer in mind.
The reality is Media and Police need each other to survive. Through my efforts, and at personal cost, I was instrumental in fostering dialogue between the White House News Photographers Association and MPDC. This is not yo’ momma’s police as the urban expression is tweaked. Officers today have been raised in Social Networking. Citizens carry camera gear as sophisticated, and at times more sophisticated, that credentialed media out on jobs. Along with homemade press credentials technology allows to be looking better than real, the risk from terrorism, nutters is greater than ever before. Officers may stand down on issues due to concern of being sued for doing their jobs, ie partners who call the police then turn on the police when their lover is being arrested, or in this case, media photos being used or abused in issues involving police. Bottom line fact here, Lord Justice Leveson lost the opportunity to require Officers to meet with media to (a) understand how news gear can be used for terroristic purposes ie. Digital cameras when snapped without a card inside will show a photo leaving the cavity open for carrying (b) foster positive relations between Media and officers who may and do need each other in moments of concern ie. Identifying persons purporting to be media causing possible risk. Lord Justice Leveson must realize ethical officers and ethical media persons want to go home at the end of the day to their loved ones. Lord Justice Levesons direction should have been to build a simple, bullet pointed national common language handbook for media and officers to follow, similar to the National language handbook established by former Mounted Alan Hiscox recognizing that officers brought from across the UK where and when needed all had different signals which created chaos when brought to work together in the same event ie marches in London near Parliament.
This Inquiry was a teaching lesson and building point lost.
Who is to say the investigative work of the police was more valuable or less valuable than the investigative work done by the paper. It was what I read in the papers that allowed me to profile both murders, building piles of data and sorting through the piles for details. Millie’s case and the Soham’s girls situations are prime examples of bad policing where as Lord Justice Leveson words ring biased. Where police failed, Media mattered.
But Media died. Press is what one does to a doorbell. Levesons limited understanding of what ‘media’ is in an Internet age doomed his chairing the inquiry before it started http://www.levesoninquiry.org.uk These days too many badges saying ‘press’ are home made at the local FEDX/Kinkos by wannabes wanting in on the Circus, people with opinions they express on the internet seeking their fifteen minutes of fame. Media, as it was once known, officially died in DC in the East Room of the White House the day President Obama signed the Health Care Act in to law. Media’s money shot was blocked by audience holding cell phones and cameras high in the air credentialed photographers could not shoot around. The President was using his bloated photographic staff to provide then distribute ‘behind the scenes’ photos over Flickr, Shutterfly, Instagram, Pinterest, youtube plus.
After several months of deliberating Media Gone Wild, Leveson provided a 2000 page report on his inquiry. Only ONE of out of over 2000 pages addressed Social Media, in a world gone lawless with the Internet outpacing legislators attempts to regulate online with measures to end lawless practices. Leveson erred when he wrote “the press on the other hand does claim to operate by and adhere to an ethical code of conduct” and “the Internet does not claim to operate by express ethical standards so. Bloggers and others may if they choose act with impunity.” Leveson failed to note Internet users and Print are equally bound by local and other laws- business, racist, hate speech, threats, fraud, and so on. The difference is, Bloggers and others cannot be found easily, if at all, while Print can.
Leveson failed to note everyone today is Media from the 5 year old girl taking video at a red carpet for Michael Moore’s movie, about big money in politics, to the stalking grandmother who spends her retired days going from one Think Tank event to another, camera in hand. Had I not been there to separate Dick Thornburgh from her, one can only imagine. The fear in his face. The lack of think tank security with on site staff not trained how to separate the former US Attorney General from a woman he did not want to offend lest that become a moment she posted to the Internet, picked up in the broken telephone then reported as ‘by media’ who are unfettered, untrained home grown “gotcha” people misrepresenting themselves as “MEDIA”. The Leveson Inquiry did not address them. Understandable, Leveson does not know Media died. Entertainment lives in print, online and on television.
The Internet is bloated with brain farts called Twitter, glutted with the obscenity of Reality TV starz with handheld PDAs, people with cameras turned stalkerazzi, feeding images to online Internet sites offering Photos of Stars to whoever will pay for pics of Famous people. These sites pop up overnight at little cost, tracking stars or politicos with GPS, interrupting stars in bathroom stalls, chase them into parking garages or in family moments. Actor Joey Pantalone complained he cant take his family to dinner in a public restaurant without being interrupted or followed or snapped with a spoon in his mouth. Andrew Dice Clay and Shia Le Beouf threw coffee at a paparazzi stalking them. Hayden Pantierre said she didn’t know how to ask the paparazzi stalking her to go away, fearing the paparazzi would sell a story on her not being nice.
Leveson said press “operates very differently from blogs on the Internet and other social media such as Twitter.” Leveson was correct. Land locked print entities are trackable at brick addresses while the Internet runs lawless with anonymous postings, untrackable site owners, no brick addresses, no phone numbers, no way to track entities invading privacies, participating in ID theft, IP theft. The Internet allows phantoms to disappear in a click of a DELETE button.
Lord Justice Leveson erred saying there is no longer a presumption of privacy. There is a presumption of privacy. There is a failure to define privacy boundaries from invasion by technology giants Google, Microsoft, Bing, and the consumer. It isn’t phone hacking that should be on trial. The individuals privacy is under attack by marketers bundled user data for targeted marketing. TV technology is being used to watch viewers for targeted marketing. A couple snuggling on their sofa will be sent lovey-dovey advertisements between shows.
Lord Justice Leveson saying Print Media has a grasp on Reader Consumption was wrong. New York State’s oldest newspaper the 214 year old Ballston Journal was closed down December 21st, with owner Angela McFarland citing “increasing production costs, shifts in readership and declining advertising revenue all played a part in her decision to convert to a digital-only format.” McFarland was transitioning the Journal from print to online. Costs for ink, paper and mailing were continuing to rise. McFarland was seeing businesses “relying on social media hoping that will get them through.” McFarland wasn’t seeing a lot of local advertising dollars being spent. Local officials, chambers of commerce and investors did not provide the $25-$50K she sought. McFarland said “online and social media traffic began to outpace print subscriptions… I think a smart media person learns to go adapt and go where the eyeballs are.” McFarland hired a consulting firm specializing in digital news to help her transition from print to paywall. Paywall means some content is only for people who pay for access to the content.
Billionaire investor Warren Buffett owned World Media Enterprises closed the 143 year old Manassas News & Messenger and its website InsideNoVa.com covering news in Prince William County, Manassas and Manassas Park Sunday. All employees lost their jobs. Seventy two other jobs have been cut in the company. World Media Enterprises purchased the paper, as well as others, from Media General in June said the paper was losing money and “had a tough time finding the sense of community that a community newspaper needs to prosper.”
The Newspaper Association of America stats indicated the nine months prior to September 30th, “print advertising in the nation’s newspapers fell 7.7% while online ads grew by 2.5%.” Online ads are 15% of advertisers $16 billion spent towards reaching newspaper audiences. Digital revenue has a ways to go to make up for lost print sales. Fenimore Asset Management media research analyst Drew Wilson said newspapers appear to be losing out the most “in the reapportioning of the print pie.” Wilson predicts the way forward is more digital only publications and “definitely” less print publications. Publications continue to cut back print editions. Not even selling Newsweek for $1 could save America’s iconic publication. RIP December 31st, Newsweeks last print edition.
The Pew Research Center for the People & the Press, a project undertaken in conjunction with the Project for Excellence in Journalism’s News Coverage Index, conducts an ongoing content analysis of the news. 1000 adults over the age of 18 are interviewed by telephone.
The Pew Center study corrected Lord Justice Leveson’s misstatement. Leveson said, television continues to be cited most frequently as a main source for national and international news, at 70%.” “For young people, however, the internet now rivals television as a main source of national and international news. Nearly six-in-ten Americans younger than 30 (59%) say they get most of their national and international news online; an identical percentage cites television.”
(http://www.people-press.org/2008/12/23/internet-overtakes-newspapers-as-news-outlet/)
A second Pew report showed news is going mobile seeking mobile platforms to stimulate revenue in local markets. 28% said losing their local paper would hurt their ability to keep up with information. 39% said the “loss of the newspaper would have no impact.” “Nearly half of all American adults (47%) report that they get at least some local news and information on their cellphone or tablet computer.
§ 35% of mobile local news consumers feel they can have a big impact on their community (vs. 27% of other adults)
§ 65% feel it is easier today than five years ago to keep up with information about their community (vs. 47% of non mobile connectors)
§ 51% use six or more different sources or platforms monthly to get local news and information (vs. 21%)
§ 75% use social network sites (vs. 42%)
§ 15% use Twitter (vs. 4%)
(http://pewinternet.org/Reports/2011/Local-mobile-news/Summary-of-findings.aspx)
Leveson was wrong stating (1) “although the press is not a person or a body corporate or incorporate, I shall adress notices under rule 13 of the 2006 rules to ‘the press’ as a class likely to be restricted to the national (as opposed to the regional) press but to encompass not only core participants but also other companies who operate titles that fall within this definition.” The media is made the wrong up. Leveson do.
Further more noting ‘most people will not assume that what they read on the Internet is trustworthy or that is carries any particular assurance or accuracy.’ Suggesting there is a ‘qualitative difference’ between seeing a picture posted online versus people seeing a photo on the front page of a newspaper is ignoring most people read news online. It is Online communication not a dying print industry that spreads words, truth or lie (twitter at less than 144 characters) faster than wildfire. This is a world where each countries search engines censor what the rest of the world sees. Malfeasance in the UK may not be seen by the rest of the world. Malfeasance spread to the rest of the world is blocked from the UK- a decision made by legislators and the megaliths Lord Justice Leveson chose not to address.
As a faith filled man, Lord Justice Leveson understands the comparison of the Internet’s scope of distribution being beyond imagination with the facility to spread embarrassment, shame and lies within the Internet vortex best likened to Sodom and Gemorah, a thousand voices speaking at once lightening fast rather than the slow speed of print- one purchased newspaper at a time.
Leveson forgot.
Media, print, online are descriptive words. People are what provide content. Leveson’s one and only conclusion should have been involved persons are the sacrificial lambs used for example just like the olden days of England where Justice took place in public squares in view of the masses. Times haven’t changed. Innovation has. The new public square is the Internet not print. People failed. Humanity disappointed. Not the print industry but people who think the internet is a forum to get away with breaches of decency and etiquette.
Lord Justice Leveson failed to acknowledge in his ONE sheet addressing Social Media that content providers to websites, blogs, have access to places real media cant go. Leveson failed to acknowledge Print Media now repeats its content online. Real media movement at events is restricted by their Press handlers who restrict access. That is exactly how Mitt Romneys campaign killing youtube moment was made. Media was not allowed in the room. Someone with an agenda and a Guest Ticket was in the room. This was the case with naked Prince Harry. Media didn’t take the photo. An attendee with a PDA knowing the value of the photo took the picture. I photographed the Prince at Cirencester polo. Credentialed media were told by the Duke not to photograph the boys departing in Wills car. Media respected the Duke. We turned our camera lens down.
Lord Justice Leveson holding what is left of the Print Industry to a higher standard is wrong. Leveson should have held society to the same standard, one of the Ten Commandments as an orthodox Jew he upholds, “RESPECT”. The words “Kabed et aveecha v’et amehcha”, “Honor thy Father and Mother” apply to how we treat our fellow man.
Lord Justice Leveson holding what is left of the Print Industry to a higher standard than online mega-entities “likely to have to operate under considerable new constraints but big online publishers such as Google, Facebook and Twitter are likely to remain unaffected” confirmed Leveson’s unsuitability to chair the Inquiry. Governments including the UK government are using technological giants to implement increasing invasion of privacies people once held even in their own homes. Twitter, Facebook, Google etc turn in private conversations to law enforcement. People are learning in real time, real life, litigation and in Technology industry disclosures that their online communication did not DELETE when the User clicked the DELETE button. It is those exact megalith “online publishers such as Google, Facebook and Twitter” who hold our lives, trade secrets, legal briefs, indiscretions that Lord Justice Leveson should have addressed not what is left of a once glorious profession- Print, moreso since the megaliths admit they are not exempt from hacking. Even Lord Justice Leveson and his family are at risk for public humiliation if groups like Anonymous or Julian Assange decide to expose what goes on beneath a Lords robes.
Lord Justice Leveson erred when said “social media and blogs are in an ethical vacuum beyond the remit of regulation.” Social media and blogs are IN the “remit of regulation.” Laws, legal books, judicial decisions fit this newest business medium. The comparative is simple-Apples to Apples. Online or offline a sale is sale, business is business, stalking is stalking, theft is theft, verbal abuse and bullying are verbal abuse and bullying, I can go on. Lord Justice Leveson should have said ‘don’t make new laws.’ Paraphrasing OJ’s council, “If the law fits, use it.”
The expression ‘America sneezes the UK catches the cold’ bodes here to. The virus is technological innovation outpacing legislative interpretation and implementation. Technology is mirroring peoples real time behaviours brought to the surface by the Internet giants. Courtesy of the internet, online stalking is the new way- using GPS tracking and Foursquare, disclosure of private information- banking details, addresses, unpublished numbers even private passwords to websites, advents like google maps showing a person at their home in great detail, poking, copyright and patent theft, IP and ID theft. Lord Justice Leveson’s failure doesn’t stop here. Lord Justice Levesons failure begins here. Lord Justice Leveson missed his chance to create the higher standard to rein in the global Internet as continues as it continues to morph.
A practicing Orthodox Jew, Leveson answers to a Higher Authority as Leveson rules from the Bench and his private life, guided by the Ten Commandments that list three THOU SHALTS and seven THOU SHALT NOTs- not steal, not murder, not lie, love thy neighbor, respect elders and be kind to fellow man. Lawmakers sitting in the Supreme Court Of The United States in Washington DC, a reminded their Court answers to an even Higher Authority by the ever present Decalogue held in Moses hands carved in to the right frieze above them. Supreme Court Justice Ruth Bader Ginsburg said at a Holocaust Memorial held at Capitol Hill, her decision making is influenced by the Biblical phrase “Rodef Rodef Shalom,” “chase chase peace.” Leveson failed to pursue peace or Justice. Leveson failed to rule by the traditions of Orthodoxy before him as did the Deborahs, the Solomons before him are remembered, still, generations later.
Leveson forgot his ancestry. Media, print, online are descriptive words. People are what provide content. More than likely, Anonymous or Assange or their wannabees or other insidious people trained at proliferating hacking schools are going to dig deep the reveal Lord Justice Levesons online and offline life. They did it to the New York Times, publishing the papers staff’s personal information after the NYT published personal details on gun owners. The NYT set to publish more gun owner data. It isnt rocket science more NYT personal info will be released. Online.
RIP Media. The final nail is in Print’s coffin. Given a chance to do something amazing, Higher Authority Lord Justice Leveson failed.
[ Carrie Devorah is a former member of the NUJ, National Union of Journalists, is a member of the Senate Press Photographers and the White House News Photographers Associations in Washington DC. Devorah is a former religion editor well known for her works in faith. Devorah is an alumnus of Yeshiva University's Stern College For Women & Pratt Institute ]
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