May 12, 2009 – 8:58 pm
This close to the election, we’re seeing a sample of what the copyright lobby wants. Today, the HADOPI Act passed in the French Parliament.
HADOPI is intended to “protect artists against file sharing.” It involves:
- People may have their Internet shut off without a court order for three allegations (!) by large corporations (!!). This is accomplished through the new administrative body called HADOPI.
- For the entire time that the internet is shut off, internet users are required to continue paying for their internet subscription.
- Authority to assess innocence by placing spyware on any computer. This spyware reports all activities on a given system to the HADOPI authority. If you can’t be examined, your guilt is automatically assumed.
- The Minister of Culture expects hundreds of thousands of suspensions of internet connections.
Now, let’s see here: an authority, which only reports to large companies, and who is required to monitor everything–that’s everything– that we do on our computers. Large companies who want to turn the citizens away from the internet–and politicians who announced that they will take a hundred thousand people offline. The link between hunting file sharers and a witch-hunt aiming at our right to privacy could not be made more clear.
Anaïs has up-to-date information on its blog.
This is exactly what the copyright lobby has been looking for. It is no longer a pie-in-the-sky fantasy, as it’s happened in a country in Europe (even though there are activists who will drag this law through the Constitutional Court, the EU Legislature and the European Court… but anyway, it passed on a vote).
If we ever need an example in defence of file-sharing, we now have France to point to in order to show what our quest entails. The only way to stop file sharing is to plant spyware on everyone’s computers. No legislator here in Sweden (as least, not yet) advocates that we should have spyware on our computers or automatically be guilty, but it’s already a reality in some parts of Europe.
Help With Ballot Tickets!
Piratpartiet needs help with distributing its ballots. As this is an internal issue (e.g., within Sweden), this heading was not translated. If interested, there’s a nice graph on the Swedish blog which shows the distributions. And if you’re in Sweden, we could really use the help!
Our Weekly Debate Exercise
Today, I wrote about the importance of privacy. There are those who dismiss the idea of privacy with the aphorism: “those who have nothing to hide have nothing to fear.” The argument is ugly, fallacious and dishonest. There’s a big difference between those who don’t want to hide something, and those who have no right to hide something.
To begin with, it’s incredibly naive to believe that the government is always good. Sweden forced sterilization of its own citizens in the tens of thousands, mainly prostitutes and the unemployed, well into the 1970s! And then there’s the secret political register, which was used to lock people out from housing and labor.
In the first place, it’s impossible to know how governments of the future might use monitoring apparatus, or what laws might change. The same laws which favor giving up the right to privacy can be used in ways you may not agree with. But when these laws pass, it’s too late. This is the simplest argument.
Secondly, monitoring in this way leads to self-censorship. When you know that you’re supervised, you try not to stand out–not to red-flag the systems which would want to get in for a closer look. It’s not especially fun to suffer through a tax audit — even if you’ve done nothing wrong and you comply with the law, it is still a lot of inconvenience and is not preferable to carrying on. You then stop considering whether what you do is honest, and how what you do might be interpreted. If I stop at a particular bar after work because they have the tastiest venison meatballs in the country, imagine how the positioning data from my mobile phone might be used — if it happens to fall into the hands of a bureaucrat at the National Road Authority — in suspending my driver’s license because I obviously have a drinking problem.
Third, it’s fundamentally dishonest to say that the only people who want to hide something are those who are doing something wrong. It’s natural to want certain things to be kept to ourselves. This is easily observed with the fact that most of us close the door when we use the toilet. Nothing which is unusual or threatening to society happens behind that particular typically-closed door, except that we just want that time for ourselves: this is privacy. To suggest that anyone who wants to have a little privacy is somehow defending paedophiles or some other equally absurd cynicism (yes, this is the case) is to crawl under the skin in a very, very unpleasant way.
Fourth, and most importantly: a personal life is not any one person’s privilege; the simple truth is, citizens must be able to challenge the structures of society and to break its laws in order for a society to develop. I usually use homosexuals as a prime example: in the 1930’s it was illegal to be homosexual. Therefore, citizens who had a homosexual orientation were criminals from birth. Parliament decided that they were criminals, and so they were. With the modern level of surveillance which is being put into effect today, there would have been no means to challenge and remove the law–for the government would have been able to find and arrest all of these “horrible criminal people” (as they thought in those days).
Today, we look back and think: what kinds of horrible people did they really have, anyway?
It’s okay to think that we can develop more surveillance–but to what end?
For a society to develop technologically and culturally, the people must have a right to privacy.
Anyone who wants to learn more about this can look at my keynote, Effective Law Enforcement or Democracy?
Finally, Some Opinion Polling
We’ve now undergone four public opinion polls and an election forecast. We take seats in three of them, (5.1%, 5%, and 8.5%), and we’re just over the 4% barrier in the fourth (Sifo, 3.5%). It shows once again that right now we need to use every resource at our disposal. We’ve done a tremendous amount toward our goal, but nothing’s settled until the votes are all counted.
Eight days until the polling stations open, and 26 more to election day.
Posted in Civil Liberties, Copyright, EU Elections, Managing Pirates | 2 Comments »