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congress Archives - cyberenviro.org

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Understanding the Architectures of SOPA & PIPA

Two controversial pieces of legislation that would significantly alter the architecture of the internet are currently being debated in congress: the Stop Online Privacy Act (SOPA) in the U.S. House of Representatives, and the Protect IP Act (PIPA) in the U.S. Senate. The following is a round up of some sources I’ve found helpful in trying to understand the effect that these pieces of legislation would have on the informational architecture of the internet.

The first comes from the Electronic Frontier Foundation who recently published an open letter to congress from 83 prominent internet engineers and architects. The letter is short and worth a full read, but here is the key passage (emphasis mine):

If enacted, either of these bills will create an environment of tremendous fear and uncertainty for technological innovation, and seriously harm the credibility of the United States in its role as a steward of key Internet infrastructure. Regardless of recent amendments to SOPA, both bills will risk fragmenting the Internet’s global domain name system (DNS) and have other capricious technical consequences. In exchange for this, such legislation would engender censorship that will simultaneously be circumvented by deliberate infringers while hampering innocent parties’ right and ability to communicate and express themselves online.

The second is Ars Technica’s summary of a Consumer Electronics Show panel that debated both SOPA and the recently introduced OPEN Act, an alternative piece of legislation supported by notable critics of SOPA (emphasis mine):

[Ryan] Clough [legislative counsel for the Office of Rep. Zoe Lofgren (D-CA)] said SOPA and Protect-IP create an architecture for Internet censorship. “Once we create this system, there is no way it will be contained to copyright infringement,” he said. Further, he argued “this bill will make it easier for China to keep imposing the types of controls on the Internet that it does and to keep resisting international pressure against it.”

The third is a piece Julian Sanchez wrote for the Cato Institute. Sanchez discusses the link between information architecture and free speech in order to argue that SOPA and PIPA would constitute a new legal and technological architecture of censorship (emphasis mine):

SOPA is a 70 page statute establishing a detailed legal process by which the Justice Department can initiate blocking of supposed pirate domains by ISPs and search engines, and by which private parties can seek orders requiring payment processors and ad networks to sever tie.

If SOPA passes, thousands of commercial ISPs, colleges, small businesses, nonprofits, and other entities that maintain domain servers are going to have to reconfigure their networks, potentially at substantial cost, in order to easily comply with the new law.

… These twin architectures will obliterate major institutional barriers to Internet censorship generally, not just censorship for antipiracy purposes.

The fourth is the Obama Administration’s response to SOPA/PIPA, written by Victoria Espinel (IP Enforcement Coordinator at Office of Management and Budget), Aneesh Chopra (U.S. Chief Technology Officer and Assistant to the President and Associate Director for Technology at the Office of Science and Technology Policy), and Howard Schmidt (Special Assistant to the President and Cybersecurity Coordinator for National Security Staff) (emphasis theirs):

We must avoid creating new cybersecurity risks or disrupting the underlying architecture of the Internet. Proposed laws must not tamper with the technical architecture of the Internet through manipulation of the Domain Name System (DNS), a foundation of Internet security. Our analysis of the DNS filtering provisions in some proposed legislation suggests that they pose a real risk to cybersecurity and yet leave contraband goods and services accessible online. We must avoid legislation that drives users to dangerous, unreliable DNS servers and puts next-generation security policies, such as the deployment of DNSSEC, at risk.

And finally – A short video, from a group called Fight for the Future, illustrating what PIPA entails and the chilling effect it would have on the internet:

 

FDR on Security

A good deal of my dissertation is concerned with notions of security, and insecurity, in informational environments. While my primary concern is with young people’s experiences and understandings of cyber(in)security, I’ve also taken an interest in contemporary and historical discourses of security (e.g. Seven Takes on Security). So, I was excited to see Michael Moore discuss Franklin D. Roosevelt’s “Economic Bill of Rights” in his new documentary. In his final 1944 State of the Union speech, with the U.S. near the end of WWII, FDR called for “a second Bill of Rights under which a new basis of security and prosperity can be established for all.” What’s more, the focus on security is often related to “our children” — he describes “a sacred obligation to see to it that out of this war we and our children will gain something better than mere survival” in the 4th sentence.

In summarizing his diplomatic discussions with “Mr. Hull,” “the Generalissimo,” “Marshal Stalin,” and “Prime Minister Churchill,” FDR defines a new supreme objective for the future:

The one supreme objective for the future, which we discussed for each Nation individually, and for all the United Nations, can be summed up in one word: Security.

And that means not only physical security which provides safety from attacks by aggressors. It means also economic security, social security, moral security—in a family of Nations. (emphasis added)

The speech, which you can read in full at TeachingAmericanHistory.org, concludes with a call for a “second Bill of Rights” to ensure such economic, social, and moral security:

It is our duty now to begin to lay the plans and determine the strategy for the winning of a lasting peace and the establishment of an American standard of living higher than ever before known. We cannot be content, no matter how high that general standard of living may be, if some fraction of our people—whether it be one-third or one-fifth or one-tenth—is ill-fed, ill-clothed, ill-housed, and insecure.

This Republic had its beginning, and grew to its present strength, under the protection of certain inalienable political rights—among them the right of free speech, free press, free worship, trial by jury, freedom from unreasonable searches and seizures. They were our rights to life and liberty.

As our nation has grown in size and stature, however—as our industrial economy expanded—these political rights proved inadequate to assure us equality in the pursuit of happiness.

We have come to a clear realization of the fact that true individual freedom cannot exist without economic security and independence. “Necessitous men are not free men.” People who are hungry and out of a job are the stuff of which dictatorships are made.

In our day these economic truths have become accepted as self-evident. We have accepted, so to speak, a second Bill of Rights under which a new basis of security and prosperity can be established for all—regardless of station, race, or creed.

Among these are:

  1. The right to a useful and remunerative job in the industries or shops or farms or mines of the nation;
  2. The right to earn enough to provide adequate food and clothing and recreation;
  3. The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;
  4. The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;
  5. The right of every family to a decent home;
  6. The right to adequate medical care and the opportunity to achieve and enjoy good health;
  7. The right to adequate protection from the economic fears of old age, sickness, accident, and unemployment;
  8. The right to a good education.

All of these rights spell security. And after this war is won we must be prepared to move forward, in the implementation of these rights, to new goals of human happiness and well-being. (emphasis added)

It’s notable that he links the expansion of our industrial economy with a need for new rights to ensure equality in the pursuit of happiness. I rarely hear “security” discussed in terms of ensuring happiness. I also find his “Necessitous men” quote notable (4th paragraph above). The FDR American Heritage Center includes a footnote for this quote, from The Public Papers & Addresses of Franklin D. Roosevelt Vol XIII, that states:

“Necessitous men,” says the Lord Chancellor, in Vernon v Bethell, 2 Eden 113 (1762), “are not, truly speaking, free men; but, to answer a present emergency, will submit to any terms that the crafty may impose on them.”

Security, to FDR, is thus physical, economic, social, and moral. It is necessary for the equal pursuit of happiness in an industrial economy. And, it affords citizens the freedom to resist terms imposed on them from the “crafty” during emergencies.

Of course, FDR’s “Economic Bill of Rights” never materialized in America and his declaration that “we shall not repeat the excesses of the wild twenties when this Nation went for a joy ride on a roller coaster which ended in a tragic crash” was unfortunately proven false. America – Fuck Yeah!

congressional oversight

via secrecy news:

The Government Accountability Office maintains an office at the National Security Agency but it remains unused since no one in Congress has asked GAO to perform any oversight of the Agency, the head of GAO disclosed last week.

Despite multi-billion dollar acquisition failures at NSA and the Agency’s controversial, possibly illegal surveillance practices, Congress has declined to summon all of its oversight resources such as GAO to address such issues…

… “We still actually do have space at the NSA. We just don’t use it and the reason we don’t use it is we’re not getting any requests, you know. So I don’t want to have people sitting out there twiddling their thumbs,” Mr. Walker said.

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