Topic: Court Strikes a Blow Against Freedom Online

Supreme Court's Brand X Decision Endangers the Principle of Net Neutrality

Court Strikes a Blow Against Freedom Online

Battle Now Goes to Congress and the American Public


Note:  CDD was one of the petitioners in this case, along with Consumers Union and the Consumer Federation of America.  The Media Access Project served as legal counsel for CDD.

June 27, 2005

Washington, DC:  Today's decision by the Supreme Court to overturn the Ninth Circuit Court's classification of cable modems as a "telecommunications service" (and thus subject to the open access regulations that have long governed the dial-up Internet) poses a grave threat to the future of the Internet.

By upholding the FCC's March 2002 Declaratory Ruling that classified cable Internet as an unregulated "information service," the Supreme Court has paved the way for a privatized, tightly controlled broadband environment that will bear little resemblance to the open, diverse, and competitive Internet of the past. 

As the ACLU warned in its Brand X brief to the Supreme Court, "…cable companies can leverage ownership of the physical infrastructure into control of citizens’ access to and use of the Internet.  This threatens free speech and privacy.  A cable company that has complete control over its customers’ access to the Internet could censor their ability to speak, block their access to disfavored information services, monitor their online activity, and subtly manipulate the information sources they rely on."

The decision now leaves the vast majority of broadband households in the US at the mercy of just two companies--the local cable monopoly or one of four remaining "Baby Bells"--for their connections to what the courts once described as "… the most participatory form of mass speech yet developed…."  They will operate these networks as the same top-down monopolies that have dominated both the cable and local telephone business.

“Today the Court struck a blow against freedom online," said Jeff Chester, CDD’s executive director.  “The Internet they have bestowed promotes the interest of a few big media companies against the best interests of the public--in the U.S. and globally.  It’s time that Congress heard from Americans that Big Media shouldn’t be allowed to control the future of the Internet.”

http://www.democraticmedia.org/news/BrandXdown.html

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I guess it's always been a matter of time before they tried to control the internet so it'll be interesting to see where they go with this. Will this be one infringement too far, or will most people even notice?

Andy

Join me in Peru to celebrate December 21st 2012 - Visit: http://2012awakeningretreat.com/

Re: Court Strikes a Blow Against Freedom Online

I don't think people will put a stop to this.

Last night I went round my parents, as soon as I walked in the door, my Dad was "baiting" me about ID cards...(literally, I hadn't even had a chance to say "hello" - quite crazy).  Anyway I didn't realise what was going on initially and got drawn into his rant.

He believes that all information, data and everything a person does should be readily available on a massive database for anyone to look up.  That this should also include all members of the government and any other agencies - the idea being that once this happens people could no longer get away with corrupt behaviour.

A naive idea really - because someone has to control it all don't they?  He felt "the people" wouldn't allow it to get out of hand.  But how do you ensure this…and how do you ensure you have got “everyone”  on the database?

Anyway, this is an extreme example – but it contains a relevant point to this topic.  I suspect a lot of people will be against the idea of controlled Internet access, but ultimately they will be swamped under the "If you have nothing to hide, you have nothing to fear" accusations.  After all - why does anyone need to look at strange sites like Montalk, and why would anyone want to discuss issues relating to Control Systems, or Aliens or transdimensional beings.  It's all fiction isn't it?  And if people believe it is real - well it is better if they can't spread their delusions any further.  And that is honestly how I think people will look at all this.

After all - what do the majority of people use the Internet for nowadays?  Looking for porn is probably number 1 on the list - 2nd is probably buying from online shops...and after that looking for gossip on the "super stars", reading the news, and looking for ring-tones and music and the like.

So in that list the only people that have anything to worry about are the porn searchers.

People that use the true power of the Internet, for researching and learning really are in the minority of all the millions and millions (billions?) of Internet users...

Shame - but over the course of the next 5 years - I think the Internet has had it.  It as been allowed to evolve freely until it permeated every aspect it possibly could.  Now everyone is caught up in it they have begun to spring the trap.

Same happened with Google - a small group of people developing one of the best Internet services ever devised.  Once millions of people fell into the position of relying on it - the trap was sprung, the money men came in - and the whole thing has been censored and controlled...without so much as a whimper.

The controls will get worse and worse.  But eventually people will rebel against it - it's just a matter of time, and things probably won't be much fun in the mean time...

3

Re: Court Strikes a Blow Against Freedom Online

The internet is overated anyways.

Re: Court Strikes a Blow Against Freedom Online

"If you have nothing to hide, you have nothing to fear" I love the irrational logic that the government spouts about. If people could use latteral thinking, they could see how stupid that logic is.

Re: Court Strikes a Blow Against Freedom Online

But it's funny, if not disturbing, how effective that irrational logic is for many people. They either accept it as self-evident or get tongue-tied trying to refute it. It's the type of statement that psychopaths and neurologinguistic programmers use to manipulate minds because it hits at a common intellectual blindspot.  One response would be, "If I have nothing to hide, you have nothing to see."

Acquiring fringe knowledge is like digging for diamonds in a mine field.

6

Re: Court Strikes a Blow Against Freedom Online

Perhaps this might be some useful ammo for those useful idiots who say if you've done nothing wrong, you've got nothing to hide. Simple-minded cretins! grrrrrrrrrr...


Jun. 30, 2005. 01:00
Data protection ended on 9/11, Mountie says
All intelligence shared with U.S. Safeguards fell,

Arar inquiry told


MICHELLE SHEPHARD
STAFF REPORTER

OTTAWA–In the panic after the attacks on Sept. 11, 2001, the RCMP dropped all normal safeguards on sharing intelligence and went to extraordinary lengths to give information to U.S. authorities, a senior Mountie says.

Databases and copies of hard drives of computers seized from suspects were handed over to U.S. officials, and Canadian investigators gave presentations to joint intelligence meetings.

It was part of what the RCMP called Project Shock, a country-wide search for terrorists that allowed Canadian investigators to work hand in hand with the United States.

Information flowed freely, with no privacy or jurisdictional conditions. In police lingo, this was known as a state of "caveats are down."

It was within this climate, described yesterday for the first time by Superintendent Michel Cabana, that Maher Arar became part of an Ottawa-based terrorism investigation known as A O Canada. "We had to share all information with these agencies, without any delays," Cabana testified. "The way it was described to us is, you're working hand in hand with people now and when you're working in partnership with agencies, caveats don't apply."

It has already been revealed that the RCMP shared information with the United States concerning Arar, but yesterday's testimony revealed just how closely they were linked to the FBI and CIA at the time.

Cabana said the work was not like a criminal investigation, "where normally you know what you're looking for. In this case here we knew there was something, but we didn't know what we were looking for."

Cabana was forced to testify to the Arar inquiry about his role as the head of this investigation after his appeal to be excluded from appearing publicly was turned down by the inquiry's head, Justice Dennis O'Connor.

The inquiry is examining how Canadian officials were involved in Arar's case.

Arar, now 34, was detained during a stopover at New York's Kennedy airport as he tried to return to Canada on Sept. 26, 2002. After 12 days in custody as a suspected terrorist, he says he was sent to Syria, tortured for two weeks and held in jail for a year without charges.

While the RCMP was notified that Arar would be denied entry in the United States an hour before he even arrived in New York, once Arar was in custody, the Mounties were largely kept in the dark, Cabana said.

On Oct. 8, 2002, the RCMP was still discussing a visit to New York to question Arar along with their U.S. counterparts when the Canadian engineer was already on his way to Syria.

http://tinyurl.com/bdl8v


Just Google Maher Arar's name and see what this poor man went through thanks to "shared intelligence" !!!

Re: Court Strikes a Blow Against Freedom Online

http://www.theregister.co.uk/2005/07/01 … et_policy/

An extraordinary statement by the US government has sent shockwaves around the internet world and thrown the future of the network into doubt.

In a worrying U-turn, the US Department of Commerce (DoC) has made it clear it intends to retain control of the internet's root servers indefinitely. It was due to relinquish that control in September 2006, when its contract with overseeing body ICANN ended.

The decision something that people have long feared may happen - will not only make large parts of the world furious but also puts ICANN in a very difficult position. The organisation has slowly been expanding out of its California base in an effort to become an international body with overall responsibility for the internet.

The US government is professing its full backing for ICANN (which it created) at the same time that it awards itself control of the net's foundations, which will have the inevitable effect of pulling the organisation back into the US.

This is particularly relevant at the moment as a UN review of internet governance will report later this year and indications are that the team is considering handing over elements of internet control to a UN body, possibly the International Telecommunications Union (ITU).

In fact, it is the UN report that has most likely focussed the US government's attention and prompted the statement, made yesterday at a communications conference in Washington DC.

The decision is transparently a result of the culture permeating through Washington as a result of the Bush Administration's world philosophy. In an extraordinary presentation, assistant secretary at the National Telecommunications and Information Administration (NTIA), Michael D. Gallagher, outlined new "US principles" regarding the internet.

"The United States Government intends to preserve the security and stability of the Internet’s Domain Name and Addressing System (DNS). Given the Internet's importance to the world’s economy, it is essential that the underlying DNS of the Internet remain stable and secure. As such, the United States is committed to taking no action that would have the potential to adversely impact the effective and efficient operation of the DNS and will therefore maintain its historic role in authorising changes or modifications to the authoritative root zone file," is the first of a four-point statement which can be found here.

The second point is that world governments can run their own country-code domains (like .uk for the UK or .de for Germany). The third says ICANN should be the organisation running the internet. And the fourth that "there is no one venue to appropriately address [internet governance] in its entirety" - which is basically a warning shot across the UN's bows.

But what is most disturbing about Gallagher's presentation, is how it endlessly refers to the president. The first slide has a picture of George Bush. The second begins "Thanks to the president's policies, America's economy is strong". The next slide is "The president's broadband vision". The next slide leads with a quote from Bush and two pictures of him. And on and on it goes. There is barely a single slide that doesn't quote from the president.

Clearly the internet has entered the Bush administration's vision and the resulting DoC statement - which boldly tells the rest of the world that the US will continue to run the Internet and everyone will just have to lump it - is very in keeping with how the US government is currently run.

The big question now is whether the rest of the world will be cowed. ICANN has yet to release a statement on the DoC’s surprise declaration but it knows which side its bread is buttered on and so will probably make a careful and broadly supportive statement.

The vision of a US-controlled internet infrastructure will be anathema to large parts of the world however and it is a demonstration of the US administration’s failure to think globally that it doesn't recognise that there is surprisingly little preventing other parts of the world from creating a second Internet outside of US control.

An already fractious situation has just got more difficult.

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Well, that was a bit meatier than the American media versions.  I don't think anyone here would be comfortable with the UN controlling the internet either.

Re: Court Strikes a Blow Against Freedom Online

I have a friend putting together an article about how to set up or use a BBS, which will go up on the NR front page when ready. Some of you know all about them. BBS's are bulletin board systems, you use your computer modem to dial into another computer hosting some text files to download. These files can be news, articles, whatever. It was the prevalent means of information sharing prior to the internet. And it may become again if the internet gets yanked or restricted beyond hope. As long as the phone lines work, BBSs will work. So I'm entirely interested in setting one up and having people get familiar with them, so that we have a backup if needed. Thankfully our modems today are pretty fast and long distance is cheaper than it used to be.

Acquiring fringe knowledge is like digging for diamonds in a mine field.

Re: Court Strikes a Blow Against Freedom Online

Exactly a second internet will be created

Re: Court Strikes a Blow Against Freedom Online

Here's a good article on the coming internet restrictions and what can be done to try and stop this from happening.

http://www.buzzflash.com/contributors/0 … 05238.html

Join me in Peru to celebrate December 21st 2012 - Visit: http://2012awakeningretreat.com/

Re: Court Strikes a Blow Against Freedom Online

montalk wrote:

But it's funny, if not disturbing, how effective that irrational logic is for many people. They either accept it as self-evident or get tongue-tied trying to refute it. It's the type of statement that psychopaths and neurologinguistic programmers use to manipulate minds because it hits at a common intellectual blindspot.  One response would be, "If I have nothing to hide, you have nothing to see."

People who spout this nonsense should be asked how many times a week  they make love to their partners and if they would comply with having a CCT camera in their bedrooms/houses and places of work, 24/7
and they should be of course first in the queue for implanted chips as they have nothing to hide.
Get them to send a list of all their habits, likes and dislikes and political leanings to MI5 as they nothing to hide. smile

Its not like we are fractions of the whole but rather versions of the whole.

Re: Court Strikes a Blow Against Freedom Online

Can someone please inform clearly what is the governemnts reason for wanting control over the internet?

""By upholding the FCC's March 2002 Declaratory Ruling that classified cable Internet as an unregulated "information service," ""

Oh right so everything that is unregulated must be regulated...

Re: Court Strikes a Blow Against Freedom Online

Just read some bits and pieces about the way the Internet is planned on being taken over the next few years.  From ideas such as having to buy virtual "stamps" in order to send e-mails...to buying access packages that only allow you to access a certain limited amount of content.  With suggestions as needing goverment approval to set up a website...

Then there is the new AOL ad campaign http://discuss.aol.co.uk/home.aspx?id_Content=2 made to look like a debate on the pro and cons of the Internet.  On the top right hand side of the page there is a little box where you can watch the Good ad and the Bad ad.  The Bad one really gives me the shivers.  The "Good" one says the power is in the hands of the people, to to me suggests by implication "...and look what the people have done with that power".

It will be very sad when the Internet is no longer what it is.  But then it has already changed a lot...

Re: Court Strikes a Blow Against Freedom Online

Marcus wrote:

Then there is the new AOL ad campaign http://discuss.aol.co.uk/home.aspx?id_Content=2 made to look like a debate on the pro and cons of the Internet.  On the top right hand side of the page there is a little box where you can watch the Good ad and the Bad ad.  The Bad one really gives me the shivers.  The "Good" one says the power is in the hands of the people, to to me suggests by implication "...and look what the people have done with that power".

Those two ads are currently being shown in cinemas across the UK. Both played (with other ads sandwiched between them) before the start of Munich last week.

Join me in Peru to celebrate December 21st 2012 - Visit: http://2012awakeningretreat.com/

Re: Court Strikes a Blow Against Freedom Online

Hmmmm, very intresting.  I wonder how long this situation will materialize to the point where it affect internet users.  I enjoy the freedom the internet has to offer, I also enjoy the metaphor that the internet provides.  Its like our global striving for information and freedom.  Its this vast source of information, virtually infinite?

"Beyond the stars a new world awaits me now" - Wintersun