digital knowledge. digital culture. digital memory.

Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

20.11.07

USA and Fiji are "nations of lawbreakers"


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Criminals by Dr John2005Let's be honest, it is difficult to spend $5 to rent a DVD for a day when you can own it for $1. Every year, hundreds of thousands of Fijians chose the $1 option. A FAVIA press release (with no supporting evidence whatsoever) claims that, "Fiji's piracy rate is about 98%." These numbers were rolling around in my head as I read a recent article by Nate Anderson on ars technica about a country that has chosen a very different path from Fiji when it comes to copyright.

Tehranian's paper points out just how pervasive copyright has become in our lives. Simply checking one's e-mail and including the full text in response could be a violation of copyright. So could a tattoo on Tehranian's shoulder of Captain Caveman—and potential damages escalate when Tehranian takes off his shirt at the university pool and engages in public performance of an unauthorized copyrighted work.

Singing "Happy Birthday" [and Happy Long-Life -cht] at a restaurant (unauthorized public performance) and capturing the event on a video camera (unauthorized reproduction) could increase his liability, and that's to say nothing of the copyrighted artwork hanging on the wall behind the dinner table (also captured without authorization by the camera). Tehranian calculates his yearly liability at $4.5 billion...

What better way could there be to create a nation of constant lawbreakers than to instill in that nation a contempt for its own laws? And what better way to instill contempt than to hand out rights so broad that most Americans simply find them absurd?
[Overly-broad copyright law has made USA a "nation of infringers", ars technica, Novemebr 19, 2007]
The USA has created a nation of constant lawbreakers by handing out absurd rights to copyright holders combined with millions of dollars of public money spent on enforcement. Fiji has created a nation of lawbreakers through a complete failure to enforce almost any rights of copyright holders.

Having unenforced laws in place for the sake of meeting Fiji's WIPO commitments (is there another reason?) may be doing more harm than good. In a nation who's elite has consistently had difficulty with the rule of law for the past twenty years, breach of copyright has become every man and woman's opportunity to join in the tradition of trampling on one of the nation's fundamental institutions. Is this really what we want for our beloved Fiji? Is this really what we want to teach our children?

My advice to the country: Either repeal the 1999 Copyright Act or figure out a way to enforce it.

Photo by: Dr John2005

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22.6.07

Blogs, the laws of the USA, and why Fiji is really crying


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The New Zealand press

In my June 19, 2007 post, I quietly mentioned the unreported story of an alarming change in the rhetoric of Fiji's anti-military blogs from defamatory to violent. As of today, the New Zealand press is starting to pick up on this. Michael Field, who was recently ejected from Fiji, penned a story appearing on Stuff this morning. Here is an excerpt:

A Fiji internet blog has called for attacks on tourists and has provided recipes for making Molotov cocktails and bombs. Fiji's military, which staged a coup in December, has been trying to close down blogs but one of the oldest, Why Fiji's Crying (WFC), has survived and in its latest set of postings calls for guerrilla war.Following the expulsion of New Zealand High Commissioner Michael Green last week, WFC has published an appeal to Fijians to destabilise the country by striking at weak points...
[Blog calls for attacks on tourists in Fiji, Stuff, June 22, 2007]
In a similar piece, the tvnz.co.nz site references the same post from WFC.
A Fijian blog is calling for attacks on tourists to the island nation. The author says driving tourists away would cut revenue flowing to the Bainimarama regime. The website suggests targets like tour buses and resorts. The blogger says Fiji is already economically unstable and wiping out the country's main industry will be the final nail in the regime's coffin.
[Fiji blog calls for tourist attacks, tvnz.co.fj, June 22, 2007]
Why is Fiji crying?

So that you are free to draw your own conclusions, here is an excerpt from the WFC post that has prompted most of this discussion.
Strike at your enemies weak points. The most obvious weak point of the regime, its jugular, is its inability to protect its outer networks and the failing economy.

Tourists are still coming to Fiji, think of how you can stop that. What assets can you focus on within the tourist industry that will send the message back to their home countries that Fiji is not a safe destination at the moment ? Tourist tour busses ? Tourist Bure’s ?

If you want to make Molotov cocktails, think about how you will access the fuel and the motor oil without attracting suspicions. Think about a safe location where you can prepare your materials and keep them hidden. Do not keep the materials at the house of any of your members. Keep them at a safe hideout. A hidesite away from any of your homes. You can also keep all your plans and documents at that site. It is a safe point where all your materials are safely stored away so that no one can link you back to the materials. When you need to go on the operation you can then go and pick up from the hidesite and move out.

Try to operate in two teams. One team as your strike team and the other as your "overwatch". That means you can split your force into two teams on operations. One team is to provide route security to ensure that your intended escape route is safe and the other team is to do the attack.
[Fijians - destablise the country, WFC, June 19, 2007]
The very next post qualifies this tactical advice with the statement, "have some faith and patience, and remember that physical resistance is the last option - not the first." For me, this call for patience does little to warm the chill left by images of fire-bombed buses.

Even more disturbing is the juxtaposition of this call to arms with the fanning of the decades-old flame of racial hatred in Fiji in another June 19, 2007 post at WFC.
(Chaudhary) by his 5/12 coup, was really hoping that Fiji will be his, under his control, a place he would like Fijians and the rest of the world to know as “little India”, the Fijian Island paradise lost to the hands of a man who is living out his whole life to “Indianize” Fiji.
[Mahen Chaudhary angered by Frank, WFC, June 19, 2007]
The result of these posts on WFC is a heady mix of uttering threats, inciting violence against innocent civilians, hate crime, and quite frankly, terrorism. Based on the WFC's stated goal of destabilizing the economy by driving tourists away, the authors of these posts may actually have no intention of having anyone carrying out these acts - the threat is sufficient. However, the fact remains that the act of publishing these posts violates several criminal laws in many countries around the world, including the United States.

The laws of the USA

Why are the laws of the USA significant to Fiji bloggers? Why not talk about the laws of New Zealand, Australia, or at least those of Fiji? The answer is simple. Because San Francisco based Wordpress and San Jose based Google (the owner of Blogger and blogspot.com) are American companies. "So?", you ask. Well, when you violate American criminal law on a server on American soil, you may get the attention of American law enforcement.

More to the point for those of you attempting to preserve your online anonymity, WFC has given US law enforcement a powerful motive to cooperate with the Fijian law enforcement. It is also important to note that US law enforcement agencies gain far-reaching evidence gathering powers when a criminal investigation is connected with terrorism. This is due to a piece of legislation known as the Patriot Act, which empowers US federal law enforcement to gain access to all records held by Wordpress, Google, and other American online services for any suspects or their alleged associates. This includes their gmail, yahoo, and msn email accounts and all information connected with those accounts.

Does this all sound a little far fetched?

Google does it in India.
Think twice before you let loose your thoughts on Orkut. The Google-run community site, which has become a global platform for sharing personal information, ideas and sentiments and already has nearly 6.6 million registered Indian users (of a total of 49 million worldwide), has entered into a pact with the Cyber Crime Cell of Mumbai police saying it will not only block those 'forums' and 'communities' that contain 'defamatory or inflammatory content' but also provide the IP addresses from which such content has been generated...

"Now we can do away with the process and not just directly ban content but also obtain details of IP addresses and service providers quickly"
[Orkut's tell-all pact with cops, Economic Times, May, 2007]
Yahoo does it in China.
Yu Ling, the wife of imprisoned Chinese dissident Wang Xiazoning, has sued Yahoo for divulging information about her husband's Internet activity, which allegedly led to his arrest and torture.
[Yahoo sued over jailing of Chinese dissedent, CIO, April 19, 2007]
Why wouldn't it happen with Wordpress and Google in Fiji?


p.s. American contract law: Recent content posted to WFC and a few other anti-military blogs in Fiji may violate of both Wordpress' and blogspot.com's terms of service (Wordpress tos, blogspot tos). Wordpress and Google reserve the right to terminate your blog for very little reason if they see fit to do so.

Photos by: carf, MISz "H"