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Alyssa

New York Lawmakers Encounter Comments Sections, Freak Out

Ah, the joys of someone with power who just encountered their first bonkers comments section. Via Wired:

Did you hear the one about the New York state lawmakers who forgot about the First Amendment in the name of combating cyberbullying and “baseless political attacks”? Proposed legislation in both chambers would require New York-based websites, such as blogs and newspapers, to “remove any comments posted on his or her website by an anonymous poster unless such anonymous poster agrees to attach his or her name to the post.” No votes on the measures have been taken. But unless the First Amendment is repealed, they stand no chance of surviving any constitutional scrutiny even if they were approved. Republican Assemblyman Jim Conte said the legislation would cut down on “mean-spirited and baseless political attacks” and “turns the spotlight on cyberbullies by forcing them to reveal their identity.”

It’s easy to make fun of the late Sen. Ted Stevens’ for his description of the internet as “a series of tubes,” or to get irritated with legislators who aren’t particularly tech-savvy. But this kind of inexperience has consequences: as ludicrous as this legislation is, and even if it would be struck down immediately, a bill like this eats up the energy of people who have to explain that it’s a bad idea, unimplementable, and ultimately unconstitutional.

But even beyond the bill itself, this is an interesting illustration of how inexplicable internet culture is to people who don’t actively participate it. I imagine it’s hard for Assemblyman Conte to imagine the incredibly dreadful things people are willing to say under their real names, and in forms that show up on their social networks. Maybe he doesn’t have things that he urgently needs to tell someone but that he can’t risk saying under his own name. And perhaps he’s never encountered a forum that he urgently feels the need to participate in, but doesn’t feel that he can join the conversation as himself, and by participating learned how self-policing works. There’s no lost age of internet civility that can be restored with legally unenforceable accountability requirements. There are just different kinds of intimacy that, if you haven’t experienced them, are hard to fathom and embrace.

Justice

Pirate Party, Focusing On Internet Freedom, Gains Serious Momentum In Germany

Internet freedom, online privacy and copyright reform came up as a politically contentious issue in the U.S. following Rep. Lamar S. Smith’s (R-TX) introduction of the Stop Online Piracy Act (SOPA) and the grassroots campaign charging that the bill would lead to internet censorship. But while the SOPA controvery has (for the time being) been put to rest in the U.S., a similar movement in Germany has given new electoral weight to the Pirate Party, a niche political party.

The Pirate Party, which supports a platform of copyright reform and online privacy, picked up an electoral victory of four seats in the Saarland regional parliament in elections held at the end of March. The victory gives them twice as many seats as the once strong Green Party. The ultra pro-business Free Democrats won no seats.

Steve Ketteman, a former columnist for the newspaper Berliner Zeitung and the author of “One Day at Fenway,” opines in The New York Times:

This month they face their biggest challenge, with elections in two more states, including North Rhine-Westphalia, the country’s most populous. Should the results match recent poll numbers — as high as 13 percent, making the Pirates Germany’s third-most-popular party — they will serve notice that a new electoral force has arrived and offer a compelling political lesson for parties on both sides of the Atlantic.

The Pirate Party’s niche platform of stronger protection for file sharing, opposing censorship, and even supporting voting rights for teenagers has struck a chord for German voters. But while the party appears to have embraced a niche set of policy positions, the movement’s focus on the Internet as a medium for political organization and change has resonated with young Germans. Kellerman observes:

[T]heir real goal, and the root of their success, is more meta: using the Internet to create a new structure of politics that can solve the problem of how to energize citizens — not only for the excitement of a campaign but also the often dreary realities of actual governance.

Indeed, while a two party dominated system makes it unlikely for a similar start-up party to make such a splash in the U.S., the online activist-based pushback on SOPA and the growing power of the Internet as a political medium — and a political issue area — proves that the Internet-based influence is an emerging political force in legislative and electoral politics around the world.

Justice

Proposed Arizona Law Defies Constitution, Outlaws Being ‘Lewd’ And Annoying On The Internet

A bill passed by the Arizona legislature and now sitting on the desk of Arizona Governor Jan Brewer (R) would make it illegal to be annoying on the internet — at least in ways that are deemed “lewd” or “profane.” H.B 2549 has solicited outrage from free speech groups and Arizona bloggers alike, who rightly point out that the bill denies them their basic freedom of speech.

As proposed by Arizona lawmakers, the bill amends a previous law to expand an already unconstitutional ban on telephone speech that might offend someone else to the Internet:

It is unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to use a telephone ANY ELECTRONIC OR DIGITAL DEVICE and use any obscene, lewd or profane language or suggest any lewd or lascivious act, or threaten to inflict physical harm to the person or property of any person. It is also unlawful to otherwise disturb by repeated anonymous telephone calls ELECTRONIC OR DIGITAL COMMUNICATIONS the peace, quiet or right of privacy of any person at the place where the telephone call or calls COMMUNICATIONS were received.

There should be no doubt that the law is unconstitutional, and that it builds upon an unconstitutional framework. The First Amendment does not permit the government to enact speech bans that rest on vague terms such as “lewd” or “annoy,” regardless of whether the speech takes place in person, on the phone, or on the Internet.

Moreover, there is something comical and cowardly about lawmakers fretting that, somewhere on the Internet, someone is annoyed by a dirty word. The U.S. Supreme Court protected free speech in Brandenburg v. Ohio for members of the Ku Klux Klan. In the recent decision of Snyder v. Phelps, they preserved the Westboro Baptist Church’s right to wave signs that say “God Hates Fags” at military funerals. If America can handle that kind of hateful speech, it can handle a few annoying words.

Security

Obama Announces Measures To Counter Iranian ‘Electronic Curtain’ Against Free Flow Of Information

Following on Secretary of State Hillary Clinton’s message for the Iranian New Year, or Noruz, President Obama released his own video to the Iranian people today. At the end of the message, Obama told Iranians in Farsi, “Eideh shoma mobarak,” the equivalent of “happy holidays.” But the message was not all pleasantries: Obama also focused on the suppression of the free flow of information in Iran, and announced steps to counter it.

Obama initially listed some heartening interactions between Iranians and Americans — such as the best foreign language film Oscar for the Iranian movie A Separation. He continued that Iranians and Americans both use the same tools on the internet to communicate, but that Iran’s increasingly repressive government hinders the free flow of information:

OBAMA: Because of the actions of the Iranian regime, an ‘Electronic Curtain’ has fallen around Iran, a barrier that stops the free flow of information and ideas into the country, and denies the rest of the world the benefit of interacting with the iranian people who have so much to offer…

Even as we’ve imposed sanctions on the Iranian government, today my administration is issuing new guidelines to make it easier for American businesses to provide software and services into Iran that will make it easier for Iranian people to use the internet.

Watch the video:

Indeed, the Iranian government cracks down on satellite dishes (somewhat futilely) and jams signals by international broadcasters over U.N. objections.

Amid the increasingly severe internet restrictions of the Electronic Curtain, the Obama administration today released new Treasury Department guidelines removing some of the ambiguities that hindered American software producers from allowing their products to be used in Iran. In a blog post, Deputy National Security Adviser Ben Rhodes expanded on the new guidelines and wrote:

Today we are taking another step, by making it easier for Iranian citizens to get the software and services they need to connect with the rest of the world through modern communications methods. The U.S. Office of Foreign Asset Control (OFAC) today issued guidance that will facilitate the availability of software and services that Iranians have told us are essential in order to effectively use the Internet.

A Treasury release outlined some of the specific areas where allowances are now made to export software to Iran, including software for chatting and voice-over-internet-phonecalls and related mobile apps, data storage like Dropbox, web browsers, RSS readers, and more.

The benefits of the free flow of internet information to and from Iran was on full display last week when a Facebook page drew Iranians and Israelis — two peoples whose countries are seemingly approaching the brink of war — to share messages of mutual admiration, solidarity, and speak out against confrontation.

Politics

BREAKING: Harry Reid Cancels Senate Debate Over Protect IP Act

Senate Majority Leader Harry Reid’s office just released a statement explaining that Protect IP Act (PIPA), a contentious, heavily-lobbied bill that was supposed to be debated and voted on in the coming days, has been postponed:

“In light of recent events, I have decided to postpone Tuesday’s vote on the PROTECT I.P. Act.

“There is no reason that the legitimate issues raised by many about this bill cannot be resolved. Counterfeiting and piracy cost the American economy billions of dollars and thousands of jobs each year, with the movie industry alone supporting over 2.2 million jobs. We must take action to stop these illegal practices. We live in a country where people rightfully expect to be fairly compensated for a day’s work, whether that person is a miner in the high desert of Nevada, an independent band in New York City, or a union worker on the back lots of a California movie studio.

“I admire the work that Chairman Leahy has put into this bill. I encourage him to continue engaging with all stakeholders to forge a balance between protecting Americans’ intellectual property, and maintaining openness and innovation on the internet. We made good progress through the discussions we’ve held in recent days, and I am optimistic that we can reach a compromise in the coming weeks.”

PIPA had been losing momentum in recent days. Reid said earlier this week that he would not whip Democratic votes for the bill. At least 14 Republicans announced their opposition to the bill, and Sen. Mitch McConnell called for a postponement. At last night’s presidential debate, all four GOP candidates denounced the Protect IP Act.

Politics

CHART: Who Is Lobbying For And Against The Protect IP Act

Today, many internet sites — from Wikipedia to Google — have chosen to go dark or change their display format, in protest of S. 968, the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (or the PROTECT IP Act).

Supporters argue the bill will provide much-needed protections for American intellectual property and curb “rogue websites operated and registered overseas.” Opponents warn that the measure as written would “censor the Web and impose harmful regulations on American business” and want to see significant changes to the draft before Congress considers it. Both sides have mobilized to lobby Washington on the bill.

Though many of the supporters and opponents of the bill are well known, a ThinkProgress examination of the companies and organizations lobbying on the bill yields some unexpected results.

Sen. Patrick Leahy (D-VT) introduced the bill last May. In the two quarters that followed, at least 39 entities reported lobbying in favor of the bill. These included obvious business interests such as the U.S. Chamber of Commerce, Comcast Corp., Disney, the Motion Picture Association of America, News Corp., Nintendo, and Sony Pictures, as well as a few less expected backers including Tiffany & Co., the American Apparel & Footware Association, and the Alliance of Automobile Manufacturers.

At least 19 companies and organizations lobbied against the bill and/or the Stop Online Piracy Act (SOPA), the House version of the bill. These included Internet companies including eBay, Facebook, Go Daddy, Google, and Yahoo!, but also American Express and Visa.

While federal lobbying disclosure rules do not require filers to report how much they spend on each specific issue, the supporters total lobbying over the time they lobbied on this (including all other issues) amounted to at least $64 million, while opponents’ total lobbying on all issues totaled at least $12.8 million. (Note: we cannot determine from disclosure forms how much of the lobbying spending was devoted solely to PIPA.)

So whichever side wins, it won’t have come cheap. See our analysis of both the pro- and anti-PIPA lobbying activities below:

Read more

Alyssa

Wall The Gardens: Comments Sections Don’t Have To Be Evil

Meghan Daum’s essay in the Believer on internet commenting is, I think, a fairly even-handed example of the species. She acknowledges that our discourse has always had its share of venemousness, that she isn’t actually required to read these comments. But I think she’s a bit too quick to dismiss comment moderation and community building:

But there is a world of difference between the traditional notion of public participation in a newspaper or magazine and the cacophonous, sometimes libelous free-for-all that passes for it today. Whereas the old-fashioned letter to the editor involved crafting a letter, figuring out where to send it, springing for a stamp, and knowing that its publication-worthiness would be determined by an actual editor who might even call and suggest some actual edits, today’s readers are invited to “join the conversation” as if the work of professional reporters and columnists carries no more authority than small-talk at a cocktail party. And although some sites are making efforts to weed out the trolls by disabling anonymous posting, filtering comments through Facebook, or letting readers essentially monitor themselves by flagging or promoting comments at their own discretion, most are so desperate to catch eyeballs wherever and however possible that they’re loathe to turn down any form of free content.

Obviously it’s not easy to moderate comments and to foster a community where a health conversation can actually happen. It’s something that takes a lot of your writers’ time if, like me or Ta-Nehisi, you read and moderate comments yourself. And if you don’t want to do that, you have to hire a community manager or managers. But I certainly think there are examples out there of successful efforts. And I think it’s probably worth interrogating the idea that moderation kills traffic or commenting communities: I think it’s much more likely that people don’t moderate because they don’t make the effort. I’m unpersuaded that the people who occasionally show up here to decry liberals or inform me about the evils of Muslims are carrying more traffic with them than they drive away. It’s a much more fruitful pursuit to figure out how we can create civilized spaces than to lament some sort of collective loss of civility. I think we should be open to a whole gradient of walled gardens, from moderated comments sections, to places like Metafilter where you have to pay to join the conversation as a demonstration of seriousness.

The most interesting question Daum raises, I think, is whether commenting and the internet have changed the way we write. She says she never would have published an essay she wrote in the mid-nineties about sex and HIV if she had to publish it in the environment writers face today. But Emily Gould did write a long essay about her own self-absorption in the New York Times Magazine when she knew she’d likely get dismantled in the comments section. And if web publishing existed in the same form then that it does now, Daum might not have had to cut down her essay to the point of unrecognizability to get it published by a respectable outlet. The way she describes it makes it sound like a perfect fit for The Awl. But even if you lose some ability to be personally revelatory, the huge benefit of blogging in particular is the ability to try out ideas, to play with different parts of arguments, and to test-drive different pieces of evidence, and to refine your ideas into a final product. We might be able to be less personally vulnerable on the internet, but I think it’s probably worth it in exchange for being able to do intellectual growth in public and with the benefit of feedback and allies.

Security

Peter King Laments First Amendment, Wants ‘Better Controls’ On Facebook, Twitter, And The Internet

Today, despite his prior advocacy for terrorism and his smears of Muslims, Rep. Peter King (R-NY) testified before a British parliamentary inquiry into the root causes of domestic Muslim radicalization. At one point, MP Keith Vaz asked King if he supports “better controls on the internet,” on sites such as Facebook and Twitter, in the context of extremist elements using the internet to get their message out. King replied that he did, but he also lamented the “First Amendment issue” with doing so and said that he’s trying to find a way to do it without violating freedom of speech:

VAZ: Would you like to see better controls on the internet? On these social media sites like Facebook and Twitter?

KING: I do, now we have a First Amendment issue which does not really confront you or really pertain in Great Britain. So we’re trying to find ways, how can it be done without violating the First Amendment, involving freedom of speech or communication.

Watch it:

Explaining his prior statements in support of the then-terrorist Irish Republican Army (IRA), King said that he stands by these statements “in the context that they were said.”

Alyssa

‘Neuromancer’ Book Club Part I: Digital Tourism, And Present As Future

This post contains spoilers through the first two sections of Neuromancer. For next week, we’ll read section three.

When Conan O’Brien spoke at Harvard’s commencement in 2000, he joked about a number of predictions he’d made in a (presumably fake) high school graduation speech 15 years earlier:

I would like to make several predictions about what the future will hold: “I believe that one day a simple Governor from a small Southern state will rise to the highest office in the land. He will lack political skill, but will lead on the sheer strength of his moral authority. I believe that Justice will prevail and, one day, the Berlin Wall will crumble, uniting East and West Berlin forever under Communist rule. I believe that one day, a high speed network of interconnected computers will spring up world-wide, so enriching people that they will lose their interest in idle chit chat and pornography.

I start our discussion of William Gibson’s Neuromancer because it’s impossible to read this novel, published the year I was born, without thinking about what he thought the internet might look like and what it actually does—for most of us, anyway. I’m intrigued by the novel’s description of the internet as like”

Cyberspace. A consensual hallucination experienced daily by billions of legitimate operators, in every nation, by children being taught mathematical concepts . . . A graphic representation of data abstracted from the banks of every computer in the human system. Unthinkable complexity. Lines of light ranged in the nonspace of the mind, clusters and constellations of data. Like city lights, receding. . . .

I think for some people, that’s true. But I think for most folks, the internet just makes their world a little bigger instead of a lot larger, it makes their world easier to handle rather than turning it surreal. On the other hand, most of us aren’t actually innovators, we’re not plugged in actively testing the limits of what our enabling technologies can do and what societal rules suggest we ought to want to do. Our personal geography is not like Ninsei, where, as Case tells us, “burgeoning technologies require outlaw zones, that Night City wasn’t there for its inhabitants, but as a deliberately unsupervised playground for technology itself.” Reading a novel’s a form of tourism.
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