New Internet Censorship Bill Introduced
By Stephen Lendman | October 1, 2010
Like most others in Congress, Senator Patrick Leahy is no progressive. He voted to fund imperial wars, regressive Obamacare, Wall Street-friendly financial reform, and other pro-business measures, including agribusiness-empowering bills, harming small farmers and consumers.
Now he’s at it again. On September 20, he introduced S. 3804: Combating Online Infringement and Counterfeits Act (COICA), “A bill to combat online infringement, and for other purposes.” Referred to committee, it awaits further action. In fact, it needs a dagger thrust in its heart to kill it.
According to the Electronic Frontier Foundation’s Richard Esguerra:
If enacted, this bill lets the Attorney General and Justice Department “break the Internet one domain at a time – by requiring domain registrars/registries, ISPs, DNS providers, and others to block Internet users from reaching certain websites.”
Two online blacklists will be created:
— one for web sites the Attorney General may censor or block, and
— most disturbing, domain names the Justice Department decides (without judicial review) are “dedicated to infringing activities.”
The bill doesn’t mandate, but “strongly suggests” that second category domains be blocked “as well as providing legal immunity for Internet intermediaries and DNS operators” that do it willingly at the behest of authorities.
Without question, “tremendous pressure” will be applied to comply, the alternative perhaps being recrimination for refusing.
Though fairly short, COICA may dangerously impair free expression, “current Internet architecture, copyright doctrine, foreign policy,” and more. In 2010, “efforts to re-write copyright law (targeting) ‘piracy’ online” have been shown “to have unintended consequences.”
Like other 2009 and 2010 bills, COICA “is a censorship bill that runs roughshod over freedom of speech on the Internet,” an outrageous First Amendment violation by “tr(ying) to define a site ‘dedicated to infringing activities,’ (by) block(ing) a whole domain,” not that one part alone if legally proved, rather than by government edict.
The 1998 Digital Millennium Copyright Act (DMCA) “already gives copyright owners legal tools to remove infringing material piece-by-piece.” It also lets them get injunctions requiring ISPs block infringing offshore sites. Misusing these provisions “have had a tremendously damaging impact on fair use and free expression.”
If enacted, Leahy’s COICA will take a giant leap, “streamlin(ing) and vastly expand(ing)” existing damage. It’ll let the Attorney General shut down domains, including their “blog posts, images, backups, and files.” As a result, “legitimate, protected speech will be taken down in the name of copyright enforcement,” and basic Internet infrastructure will be undermined.
For example: when users enter web site URLs into their browsers, the domain name system server identifies their Internet location. COICA will let the Attorney General “prevent the players in (those) domain system(s), (possibly including your ISP) from telling you the truth about a website’s location.”
It’s also unclear what would be accessed – perhaps a message saying “a site or page could not be found, without explaining why? Would users receive some kind of notice,” possibly saying “the site they were seeking was made inaccessible at the behest of the government?”
COICA will force Internet “middlemen” to act like the “Internet doesn’t exist,” even though the site or page wanted “may otherwise be completely available and accessible.”
Like many other pre and post-9/11 bills, COICA is police state legislation. It says America “approves of unilateral Internet censorship,” no matter that it’s constitutionally illegal.
America is on a fast track toward despotism, civil liberties threatened by bills like COICA, mandating “Unilateral censorship of websites (Washington) doesn’t like….”
Moreover, its “poorly drafted definitions….threaten fair use online, endanger innovative backup services, and raises questions about how new (Internet intermediary) obligations….fit with existing US secondary liability rules and the DMCA copyright safe harbor regime.”
Also, it’s easy to get blacklisted because COICA streamlines the procedure for adding domains – “including a McCarthy-like (one) of public snitching.” Then, once on, it’s hard getting off, just like persons unfairly vilified struggle to regain their reputations, often without success.
COICA takes but doesn’t give in letting Washington “play an endless game of whack-a-mole, blocking one domain after another,” even though sophisticated users will figure out a way to access censored sites. Maybe them, but not ordinary ones denied free access to constitutionally protected information.
Bottom line – COICA lets Washington “suppress truthful speech and could block access to a wealth of non-infringing” material. It will do little to end online infringement, but plenty of constitutional damage, besides other vast erosion in recent years heading toward ending democratic freedoms unless public awareness gets aroused enough to stop it in time.
On September 29, Tech Daily Dose.nationaljournal.com reported possible COICA changes, “addressing some of the concerns raised by technology and public interest groups,” pertaining to online piracy and counterfeiting. COICA remains a work in progress. What emerges in final form demands close scrutiny.
Obama’s Proposal to End Online Privacy – Another Police State Measure if Enacted
Merriam-Webster defines a police state as follows:
“a political unit characterized by repressive government control of political, economic, and social life usually by an arbitrary exercise of power by police and especially secret police in place of regular operation of administrative and judicial organs of the government according to publicly known legal procedures.”
In other words: overt and covert hard-line control, maintained by loss of personal freedoms, civil liberties, and constitutional protections though legislation, pervasive surveillance, lawless privacy intrusions, and midnight or pre-dawn arrests on whatever grounds authorities charge against which there’s no defense.
In the last decade especially, America has recklessly gone that route, one government edict, pronouncement or congressional bill at a time. Obama has advanced the Bush agenda further for totalitarian control, including the right to imprison anyone for their beliefs, assassinate American citizens extrajudicially, and much more.
Since taking office, he’s done the impossible, compiling a worse record than his fiercest critics feared, exceeding Bush in militarism, harshness, lawlessness, and betrayal of the public trust. Besides waging imperial wars, he wrecked the American dream, and hardened a police state apparatus to protect privilege from progressive change. He also waged war on free expression, dissent, due process, judicial fairness and privacy rights.
He calls heroic activism “violent extremism” and persecutes Muslims for their faith and ethnicity. He says anti-war supporters are anti-American, providing “material support to terrorism,” a serious charge carrying 15 years imprisonment. It’s why former Reagan administration Assistant Treasury Secretary, Paul Craig Roberts, says “the Bush and Obama regimes” wrecked the country. “America, as people of my generation knew it, no longer exists.”
But wait, the worst is yet to come, including subverting privacy, what former Supreme Court Justice Louis Brandeis called “the most comprehensive of rights, and the right most valued by a free people.” The Fourth Amendment and numerous laws embody it, requiring judicial warrants for most searches and seizures. Yet today’s sophisticated technology enables lawless intrusions, absent congressional legislation prohibiting them.
New legislation, however, may mandate them, according to an Electronic Frontier Foundation alert saying:
“an Obama Administration proposal (will) end online privacy as we know it by requiring all Internet communication service providers – from Facebook to Skype to your webmail provider – to rebuild their systems to give the government backdoor access to all of your private Internet communications.”
Planned legislation, so far not introduced or named is expected in 2011, the Center for Democracy & Technology (CDT) saying “Federal law enforcement and national security officials are preparing to seek sweeping new regulations for the Internet, arguing that their ability to wiretap criminal and terrorism suspects is ‘going dark’ as people increasingly communicate online instead of by telephone.”
CDT’s vice president, James Dempsey said:
“They are really asking for the authority to redesign services that take advantage of the unique, and now pervasive, architecture of the Internet. They basically want to turn back the clock and make Internet services function the way” telephones work, making them simple to wiretap the same way but do it online digitally.
Currently, the 1994 Communications Assistance to Law Enforcement Act requires broadband networks to have intercept capabilities to permit digital and cellphone surveillance. However, for encrypted messages, ISPs must be ordered to unscramble them because they’re not covered under the 1994 law. Further, providers can’t unscramble some encrypt messages between users.
As a result, proposals may include the following:
— mandate that communication services, including foreign-based ones doing business in America, have full unscrambling technology capabilities; and
— require peer-to-peer software communication developers to redesign their intercept capabilities.
These ideas not only fly in the face of a free society, they contradict a congressionally-ordered 1996 National Research Council report that found back door access bad government policy, its committee chair, Professor Kenneth W. Dam, saying:
“While the use of encryption technologies is not a panacea for all information security policies, we believe that….our recommendation would lead to enhanced protection and privacy for individuals and businesses in many areas, ranging from cellular and other wireless phone conversations to electronic transmission of sensitive business or financial documents.”
“It is true that the spread of encryption technologies will add to the burden of those in government who are charged with carrying out certain law enforcement and intelligence activities. But the many benefits to society of widespread commercial and private use of cryptography outweigh the disadvantages.”
Further, according to government records, encryption rarely subverts law enforcement, statistics showing few case examples. In 1998, crytography expert, Professor Matt Blaze, questioned the technical capabilities of back door access. Now he says:
“This seems like a far more baffling battle in a lot of ways. In the 1990s, the government was trying to prevent something necessary, good and inevitable. (Now) they are trying to roll back something that already happened and that people are relying on.”
Blaze added:
“We need to protect the country’s information infrastructure….So how do you reconcile that with the policy of discouraging encryption broadly,” or making it vulnerable to surveillance. Hackers and other experts have the same capabilities as government. Mandate back door access, and they’ll find a way to block or otherwise subvert it.
According to computer expert Peter Neumann:
“The arguments haven’t changed. 9/11 was something long predicted and it hasn’t changed the fact that if you are going to do massive surveillance using the ability to decrypt – even with warrants, it would have to be done with enormously careful oversight. Given we don’t have comp(uter) systems that are secure, the idea we will have adequate oversight is unattainable. Encryption has life-critical consequences.”
Current and possible new legislation worries organizations like the CDT and its efforts “to keep the Internet open, innovative and free,” what’s fast eroding in America and may soon entirely disappear. Apparently like Bush, Obama is committed to assuring it unless mass public outrage stops him. Even so, a kinder, gentler America “no longer exists.”
Some Final Comments
On September 27, Tech Daily Dose.nationaljournal.com writer Eliza Krigman headlined, “Net Neutrality Bill Gives FCC No New Rulemaking Power,” saying:
Leaked House Energy and Commerce Committee (chaired by so-called liberal Henry Waxman) draft bill information aims to subvert Net Neutrality, according to an unnamed source saying:
“This bill represents a giant retreat by some of those who claim to support net neutrality and sends the wrong signal to the FCC (that) will ultimately deal with this issue.”
If enacted, it will let cable and telecom giants establish, among other provisions, premium higher-priced lanes (two Internets), effectively destroying Net Neutrality, subverting the last free and open space. Dirty politics and back room deals put the Internet up for grabs to the highest bidders, creating a two-tiered system, besides blocking entry for those who can’t pay.
Waxman hopes for passage in the lame duck session. So far, efforts to advance Net Neutrality legislation have stalled, some congressional leaders saying anything this year is doubtful.
Post-election, cybersecurity will also come up in the form of a bill combining earlier ones introduced:
— S. 773: Cybersecurity Act of 2009, and
— S. 778: A bill to establish, within the Executive Office of the President, the Office of National Cybersecurity Advisor
Information on them can be accessed through the following link:
http://sjlendman.blogspot.com/2009/11/struggle-for-net-neutrality.html
The revised measure will let Obama shut down parts of the Internet, as well as businesses and perhaps organizations, not complying with national emergency declared orders. Specifically, his order will last 30 days, renewable for another 60 before Congress may, if it wishes, intervene.
At issue, of course, is whether government can unconstitutionally regulate, restrict, censor or suppress online free expression, the direction Congress and the administration are heading.
Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net. Also visit his blog site at sjlendman.blogspot.com
Invention of the Jewish People – Book Review
This is the book if you’re looking for a fresh approach to Israel’s history
By George Polley | Palestine Chronicle | September 27, 2010
(The Invention of the Jewish People. Shlomo Sand. Verso, New York, 2009.)
Myths are powerful because they tell the story of origins – the origins of tribes and the origins of a people and nations. Myths tell us who we are and where and how we began. Incorporating folktales and legends, myths tell us what truth is and how it makes us different from others. Groups of people use myths in the creation of histories of themselves as people who are different from others. National myths, involving politics and patriotism use myths and myth-making to construct the national identity: what makes our country and people different from every other? Israeli historian and Professor of History at Israel’s Tel Aviv University calls this process “mythistory”. “From this surgically improved past emerge[s] the proud and handsome portrait of the nation.”
“Every history” writes Professor Sand “contains myths, but those that lurk within national historiography are especially brazen. The histories of peoples and nations have been designed like the statues in city squares – they must be grand, towering, heroic… ‘Us’ and ‘All the Others’ was the usual, almost the natural division. For more than a century, the production of Us was the life’s work of the national historians and archaeologists, the authoritative priesthood of memory.”
In this fashion, a group of Jewish writers, political activists and others began in the second half of the nineteenth century to shape the history (mythistory) of the Jewish people. All Jews, they said, come from a single stock originating from the loins of the founding patriarch, Abraham. In the ancient past, they were citizens of a powerful Jewish state called Israel, were exiled after the destruction of the second temple in AD 70, and since that time have lived as exiles in nations where they have suffered persecution. It is time, they said, to recreate the Nation of Israel so that its people can return to it and live there.
Using the Biblical narrative as a history text, they began to construct the history of the Jewish people as a People Set Apart from all others. Their history, so the story line goes, “rests on firm and precise truths.” The problem with this is, none of it can be shown to be scientifically verified truth. Instead, it is what Professor Sand calls “mythistory”… Using what we now know was pseudoscience, early Zionist thinkers turned to physical anthropology, social Darwinism and, later to eugenics to build their case for identifying the Jewish people as being biologically different from all others. “The purpose of Jewish biology,” Professor Sand writes “was to promote separation from others… It sought to serve the project of ethnic nationalist consolidation in the taking over of an imaginary ancient homeland.”
The next step was to find a homeland to which all Jewish people could be invited. Though it wasn’t the first choice, the most logical choice was Palestine. The goal became immigrating to Palestine with the aim of taking it over and recreating the ancient and very mythical Nation of Israel. The obvious problem was that Palestine was already inhabited by a mostly Arab population that had lived there for over a thousand years.
What to do? Simple: build alliances with those who can and will help you. The golden opportunity arrived with Hitler’s massive annihilation of Europe’s Jewish population in the 1930s and 40s. Jewish immigration into Palestine, almost overnight, turned into a tsunami. Granted nationhood by the United Nations, Israel was “reborn”. “The land of Israel” reads the Declaration of the Establishment of the State of Israel “was the birthplace of the Jewish people. Here their spiritual, religious and political identify was shaped. Here they first attained statehood, created cultural values of national and universal significance and gave to the world the eternal Book of Books.”
Out of the mists of ancient myth came the modern Nation of Israel and its armies. Built on the racially exclusionary ideological foundation of Zionism, this new Nation of Israel quickly began expelling the non-Jewish people who lived there. Beginning in 1948, almost overnight more than 700,000 Palestinian Arabs were dispossessed of their homes and lands and became refugees, a process that continues as I write. It is deeply cynical, racist and destined, so Professor Sand believes, to fail. It is still possible to close one’s eyes to the truth. Many voices will continue to maintain that the ‘Jewish people’ has existed for four thousand years, and that ‘Eretz Israel’ has always belonged to it. And yet the historical myths that were once, with the aid of a good deal of imagination, able to create Israeli society are now powerful forces helping to raise the possibility of its destruction.”
To say that Professor Sand’s thesis and his research is not well-received in official Israeli circles is perhaps a bit too mild. Protective of their past and paranoid about their future, most of Israel’s political and religious leaders seem bent on maintaining the course they have pursued for the past sixty-two years and more. Only time will tell us the final outcome. My hope is that good sense will win the day and that Israel will become a new land that belongs to and serves all its citizens, not just its Jewish ones.
If you’re looking for a fresh approach to Israel’s history, Professor Sand’s book is one that I heartily recommend.
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A New Era Of Mass Armies Approaches
BY IAN WELSH | SEPTEMBER 29, 2023
The army, or a part of it at the war college, has perked up and noticed some of the lessons of the Ukraine war, and that it’s a war that the US military could not fight. They’ve missed a lot of things, or felt they couldn’t/shouldn’t write about them, but they’ve figured some stuff out and written about them in a new report, “A Call to Action: Lessons from Ukraine for the Future Force” by Lieutenant Colonel Katie Crombe, and Professor John A. Nagle.
The entire thing is worth reading, but I’m going to pull out three of the main points. The first is that a volunteer US military can’t fight a real war.
The Russia-Ukraine War is exposing significant vulnerabilities in the Army’s strategic personnel depth and ability to withstand and replace casualties.11 Army theater medical planners may anticipate a sustained rate of roughly 3,600 casualties per day, ranging from those killed in action to those wounded in action or suffering disease or other non-battle injuries. With a 25 percent predicted replacement rate, the personnel system will require 800 new personnel each day. For context, the United States sustained about 50,000 casualties in two decades of fighting in Iraq and Afghanistan. In large-scale combat operations, the United States could experience that same number of casualties in two weeks. (emphasis mine)
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