cybersecurity

TechCrunch’s “CrunchGov” grades Congress on tech, pilots legislative crowdsourcing platform

In general, connecting more citizens with their legislators and create more resources for Congress to understand where their constituents and tech community stands on proposed legislation is a good thing. Last year’s Congressional hearings on the Stop Online Piracy Act and the PROTECT IP Act made it pretty darn clear that many technologists felt that it was no longer ok to not know how the Internet works. Conversely, however, if the tech world cares about what happens in DC, it’s no longer ok to not know how Congress works.

In that context, the launch of a policy platform by one of the biggest tech blogs on the planet could definitely be a positive development. TechCrunch contributor Greg Ferenstein writes that the effort is aimed at “helping policymakers become better listeners, and technologists to be more effective citizens.”

The problem with the initial set of tools is that they’re an incomplete picture of what’s online, at best. CrunchGov won’t satisfy the needs of tech journalists, staffers or analysts, who need deeper dives into expert opinion, policy briefings and data. (Public Knowledge, the Center for Democracy and Technology, OpenSecrets.org, the Sunlight Foundation, and the Electronic Frontier Foundation already offer those resources.)

Will “grading” Members of the House of Representatives on TechCrunch’s new Congressional leaderboard lead to them being better listeners? Color me, well, unconvinced. Will an “F” from TechCrunch result in Reps. Smith, Grassley, or Blackburn changing the bills they introduce, support or vote for or against?

Hard to know. True, it’s the sort of symbol that a political opponent could use in an election — but if Reddit’s community couldn’t defeat SOPA’s chief sponsor in a primary, will a bad grade do it? Ferenstein says the leaderboard provides a “a quantified opinion” of the alignment of Reps with the consensus of the tech industry.

Update: as reported by Adrian Jeffries at The Verge, this quantified opinion is based upon TechCrunch editorial and “data and guidance from four tech lobbies.”

Engine Advocacy, which represents startups; TechNet, which represents CEOs in areas from finance and ecommerce to biotech and clean tech; the Silicon Valley Leadership Group, which represents major Silicon Valley employers; and the powerhouse conglomerate The Internet Association, which represents Amazon, Google, and Facebook, among others.

Ferenstein told Hamish McKenzie at PandoDaily that “We’re saying this is generally the view of many people who read our site.” If that’s the case, it would be useful to transparently see the data that shows how TechCrunch readers feel about proposed or passed bills — much in the same way that POPVOX or OpenCongress allow users to express support or opposition to legislation. At the moment, readers are stuck taking their word for it.

McKenzie also highlighted some problems with the rankings and the proposition of rankings themselves:

On three major issues – net neutrality, privacy, and cyber security – TechCrunch’s surveys found no consensus, which somewhat undermines the leaderboard rankings. After all, those rankings appear to be based mainly on three data points: a Congressperson’s position on SOPA, and his or her votes on the Jumpstart Our Business Startups Act and the Fairness for High-Skilled Immigrants Act. It might be true that CrunchGov takes a data-driven approach to its rankings, but when three data points out a possible set of six are omitted, it’s fair to question just how useful the measure is.

As much as anything else, that speaks to the complicated definition of “those in the technology industry.” The industry is so broad and varied, from solo developers creating social games in their basements to hardware executives wanting to drive profits on their devices, that trying to establish consensus on political issues across a broad section of a relatively amorphous community is probably an impossible task. It also overemphasizes tech issues among the myriad of policy concerns that people working in the industry hold, some of which might seem tangential but are actually inextricably tied to the industry. What of climate change? What of taxes? What of puppies?

Also, applying grades to legislators puts TechCrunch in the same camp as the NRA, Americans For Tax Reform, and the Sierra Club in terms of assessing representatives based on narrow, and politically loaded, interests. It’s a headline-oriented approach that provides low-information people with a low-information look at a process and system that is actually very complicated.

More effective citizenship through the Internet?

I’m not unconvinced these limited bill summaries or leaderboard will help “technologists” become “more effective citizens,” though I plan to keep an open mind: this new policy platform is in beta, from the copy to the design to the number of bills in the legislative database or the data around them.

Helping readers to be “more effective” citizens is a bigger challenge than educating them just about how legislators are graded on tech-related bills. The scope of that  knowing who your Representative, Senators or where they stand on issues, what bills are up for a vote or introduced, how they voted, The new Congress.gov will connect you to many of the above needs, at the federal level. It might mean following the money, communicating your support or opposition to your elected officials, registering to vote, and participating the democratic processes of state and local government, from schools to . Oh, and voting: tens of millions of American citizens will head to the polls in under two weeks.

To be fair, CrunchGov does do some of these things, linking out to existing open government ecosystem online. Clicking “more info” shows positions Representatives have taken on the tech issues CrunchGov editors have determined that the industry has a “consensus” around, including votes, and links to their profiles in OpenCongress and Influence Explorer. Bill summaries link to maplight.org.

When it comes to the initial set of issues in the legislative database, there’s an overly heavy editorial thumb on the till of what’s deemed important to the tech community.

For one, “cybersecurity” is a poor choice for a Silicon Valley blog. It’s a Washington word, used often in the context of national defense and wars, accompanied by fears of a “cyber Pearl Harbor.” Network security, mobile device security or Web application security are all more specific issues, and ones that startups and huge enterprises all have to deal with in their operations. The security experts I trust see Capitol Hill rhetoric taking aim at the wrong cybersecurity threats.

CrunchGov has only one bill selection for the issue — the Cyber Intelligence Sharing and Protection Act (CISPA) (H.R. 3523). The summary explains that CISPA proposes more information sharing, has a pie chart showing that “tech-friendly legislators” are split 50/50 on it, shows endorsements and opposition, links to 3 articles about the bill, including TechCrunch’s own coverage.

What’s left unclear? For one, that Rep. Darrell Issa (R-CA) – an “A-lister” who TechCrunch writes “has received numerous awards and accolades from the industry,” supported CISPA. Or that organizations and advocates concerned about its implications for privacy and civil rights strongly opposed it. If you’re a technologist, legislator or citizen, honestly, you’re better off reading ProPublica’s explainer or the Center for Democracy and Technology’s CISPA resource page.

There’s also framing choices that meant a number of bills aren’t listed — and that the Senate is left out entirely. Why? According to Ferenstein, “the “do-nothing” congress made it impossible to rank the Senate, because they didn’t pass enough bills related to technology policy.”

It’s true that the Senate hasn’t passed many bills — but the 51 laws that did go through the Senate in the 112th Congress include more tech policy issues than that statement might lead you to believe, from e-verify to online leak prevention. It’s also moved laws that every citizens should know about, like the extension of the PATRIOT Act, given that provisions affect the tech industry. (Yes, digital due process matters in the age of the cloud: your email isn’t as private as you might think it is.)

Putting a legislative crowdsourcing platform to re-use

Congressional leaderboard and limited legislative dashboard aside, CrunchGov is trying to crowdsource legislation using a local installation of MADISON, the software Congressman Issa’s office developed and rolled out last December during the first Congressional hackathon. MADISON was subsequently open sourced, which made the code available to TechCrunch.

It’s in this context that CrunchGov’s aspirations for technology to “democratize democracy itself” may be the most tested. The first test case will be a bill from Congressman Issa to reform government IT procurement. For this experiment to matter, the blog’s readership will need to participate, do so meaningfully, and see that their edits are given weight by bill authors in Washington. Rep. Issa’s office, which has distinguished itself in its use of the Internet to engage the public, may well do so. If proposals from the initial pilot aren’t put into bills, that may be the end of reader interest.

Will other Congressmen and staffers do the same, should their bills be posted? It’s hard to say. As with so many efforts to engage citizens online, this effort is in beta.

This post has been updated, including links to coverage from Pando Daily and the Verge.

Open Government News on Gov 2.0 TV: The Year in Review, SOPA and POTUS on Google+

On Thursday, I joined Edmonton-based social media consultant and digital strategist Walter Schwabe on “Gov 2.0 TV” to talk about what’s new in open government since our last interview.

Over the course of the show, we talked about the following stories:

As Wikipedia prepares to go dark in protest, prospects for SOPA and PIPA dim in Congress

Online pressure to rethink anti-piracy bills that threaten the Internet industries, security and online free speech continues to build, although, as the New York Times reported, many still expect these online piracy bills invite a protracted battle. There are, as it turns out, quite a few people willing to stand up to these bills.

More notable criticism of the Stop Online Piracy Act (SOPA) in the U.S. House of Representatives and the PROTECT IP Act in the U.S. Senate went online this weekend. Tim O’Reilly made his case for why SOPA and PIPA are bad industrial policy this weekend. The EFF explained how SOPA and PIPA violate White House principles supporting free speech. The MIT Media Lab came out against the bills with a lucid post by Joi Ito and Ethan Zuckerman explaining why they oppose SOPA and PIPA.

And, despite the paucity of coverage on the TV networks whose parent companies helped write the bills, a prominent blog post on SOPA and PIPA at Craiglist will continue to raise awareness online. The most intense day of online protest looks yet to come: On Wednesday, many websites will “blackout” to protest these bills, including Reddit. The biggest of these to date is Wikipedia’s SOPA initiative: co-founder Jimmy Wales shared on Twitter that Wikipedia will be “blacked out on Wednesday.

For those left wondering why such opposition persists after some sensational headlines this morning, prospects for the Stop Online Piracy Act in the House are significantly damaged but the legislation is not “dead.” Rather, the legislation is shelved until ‘consensus is reached.’ I believe that the writer at the Examiner sourced Rep. Darrell Issa’s statement from late Friday night when he wrote that Rep. Cantor made a ‘surprise statement.’ There’s no such statement in the House Majority Leader’s social media accounts or at GOPLeader.gov. As of this afternoon, requests for a statement to Rep. Cantor’s office have not been returned.

Here’s what actually was released: “Majority Leader Cantor has assured me that we will continue to work to address outstanding concerns and work to build consensus prior to any anti-piracy legislation coming before the House for a vote,” said Rep. Issa in a prepared statement released late Friday night.

Seasoned security scribe Bill Brenner is more reasonable in his caution at CSO Online and at his blog, where he writes that:

It appears SOPA is headed for the shelf due to the rising tide of opposition. Details on the site where I do my day job, CSOonline. I also wrote a post warning people that this isn’t over by a long shot.

Why is it important to be careful about declaring this legislation dead? Consider recent experience on another controversial bill. The White House indicated that they won’t accept a bill that damages freedom of expression or security this weekend. Remember, however, the statements of his administration regarding H.R. 1540, the National Defense Authorization Act (NDAA). President Obama signed the military spending bill into law at the end of 2011. He added an important coda to it, however:

“My Administration will not authorize the indefinite military detention without trial of American citizens,” wrote President Obama in a signing statement.

It’s the actions of presidential administrations in the future, given detention powers in the NDAA, that worry many observers, including the ACLU. Once such executive authority is granted, it will likely take years for the judicial system to provide a check or balance. And given that the Immigrations and Customs Enforcement division of the Department of Homeland Security has already been taking down websites for over a year, caution for this White House’s position here is warranted.

In one scenario, consider that a heavily amended version of SOPA and PIPA that do contain DNS provisions could make it through Congress, once “consensus is reached” in the House and a filibuster from Senator Wyden in the Senate is overcome.

In the absence of clearer guidance from the House Majority Leader’s office on what’s acceptable in the bill, it remains possible that a deal could still be made which legislative leaders then feel represents “consensus” — Rep. Smith has said he’ll pull the DNS provisions, for instance — and then SOPA could be brought to a vote. The President could add a signing statement and, well, you get the idea.

The Senate version’s of an anti-piracy bill (The PROTECT IP Act) is set for a potential vote next week. 14 Senators are currently publicly opposed to it. Without support from the House or the White House, of course, its prospects to become law in this Congress are damaged but not eliminated. Senator Leahy has indicated that he’d recommend study the impact of the DNS provisions after passage, not pull them entirely. Brad Plumer, who wrote that lawmakers are backing away from online piracy bills, offered this analysis:

Now, that doesn’t mean these bills, or their most controversial features, are dead and buried. Leahy, for one, was pretty clear that still supports passing a bill with DNS-blocking — he just thinks that feature should be studied carefully before it actually gets implemented. (As TechDirt’s Michael Masnick points out, that sounds like a compelling reason to slow down and reconsider before passing the bill, rather than enacting a provision that lawmakers don’t fully understand.)

UPDATE: On Tuesday, January 17th, Rep. Lamar Smith said that markup of SOPA would resume in February. So no, SOPA is not dead. Here’s the statement his office released:

Chairman Smith: “To enact legislation that protects consumers, businesses and jobs from foreign thieves who steal America’s intellectual property, we will continue to bring together industry representatives and Members to find ways to combat online piracy.

“Due to the Republican and Democratic retreats taking place over the next two weeks, markup of the Stop Online Piracy Act is expected to resume in February.

“I am committed to continuing to work with my colleagues in the House and Senate to send a bipartisan bill to the White House that saves American jobs and protects intellectual property.”

One of the most powerful politicians in the U.S House has publicly voiced his opposition to the bill, consistent with past opposition to regulatory burdens created in Washington. “The internet is one of the most magnificent expressions of freedom and free enterprise in history,” said Representative Paul Ryan (R-WI), in a statement opposing SOPA. “It should stay that way. While H.R. 3261, the Stop Online Piracy Act, attempts to address a legitimate problem, I believe it creates the precedent and possibility for undue regulation, censorship and legal abuse.”

He’s right. These bills would upend the predictable legal environment created by the Digital Millennium Copyright Act, subjecting online innovators to a new era of uncertainty and risk. Legal experts from the top law schools in the country warn that they would damage free speech. Human rights experts warn that they would would force pervasive scrutiny and surveillance of Internet users’ online activities. Venture capitalists warn would chill the growth of social media and conscript every online platform into a new role as content police. The government’s own cybersecurity experts, at Sandia Labs, warn that these bills would damage DNSSEC, harming national security at a time when American government, businesses and consumers face attacks on their networks and computers every day. The founders of the Internet and World Wide Web warn that would lay the groundwork for an increasingly balkanized Internet, directly undercutting U.S. foreign policy advocacy in support of a single, global, open network.

If you’re curious about where your elected officials in Washington stand, learn whether your U.S. Representative or Senators support SOPA or PIPA using SOPAOpera.org, a Web application made by ProPublica using public data. (A full database is available at ProPublica.org, along with the methodology behind it.)

While Wikipedia and other sites blacking out at this scale is an an unprecedented action, what happens offline is still critical. That’s where laws are still made, after all. While new means of collective action enabled by the Internet are increasingly important, particularly with respect to generating coverage of these bills by the broadcast media, the voices that Representatives and Senators listen to most are those of their constituents. If these bills are important to you, the most effective action that any concerned citizen that wants to talk to Congress can take remains to go see your Senator or Congressman in person, call them or write them a letter.

Rep. Smith pulls DNS provision from SOPA, Rep Issa postpones hearing, White House responds to epetition

The Friday night news dump lives on: at 12:30 AM last night, I received an email from the U.S. House Committee on Oversight and Government Reform: according to the release, Rep. Lamar Smith said he will remove the domain name provision from the Stop Online Piracy Act. Rep. Darrell Issa says he’ll suspend next week’s hearing with Reddit co-founder Alexis Ohanian & other Internet experts. As you may have heard, the United States Congress is considering anti-piracy bills that could cripple Internet industries that are engine of the dynamic economic growth all around the world: the Stop Online Piracy Act (SOPA) in the U.S. House of Representatives and the PROTECT IP Act in the U.S. Senate.

Here’s the release:

House Oversight and Government Reform Committee Chairman Darrell Issa today announced that a hearing scheduled for Wednesday, which was to examine the impact of Domain Name Service (DNS) and search engine blocking on the Internet, has been postponed following assurances that anti-piracy legislation will not move to the House floor this Congress without a consensus.

“While I remain concerned about Senate action on the Protect IP Act, I am confident that flawed legislation will not be taken up by this House. Majority Leader Cantor has assured me that we will continue to work to address outstanding concerns and work to build consensus prior to any anti-piracy legislation coming before the House for a vote,” said Chairman Issa. “The voice of the Internet community has been heard. Much more education for Members of Congress about the workings of the Internet is essential if anti-piracy legislation is to be workable and achieve broad appeal.”

“Earlier tonight, Chairman Smith announced that he will remove the DNS blocking provision from his legislation. Although SOPA, despite the removal of this provision, is still a fundamentally flawed bill, I have decided that postponing the scheduled hearing on DNS blocking with technical experts is the best course of action at this time. Right now, the focus of protecting the Internet needs to be on the Senate where Majority Leader Reid has announced his intention to try to move similar legislation in less than two weeks.”
http://www.keepthewebopen.com

This isn’t the end of the news, however: on the same night, this morning, the White House responded to the “We The People” epetition asking the President to veto the Stop Online Piracy Act & PROTECT IP Act. Cybersecurity coordinator Howard Schmidt, US CTO Aneesh Chopra and OMB intellectual property enforcement coordinator Victoria Espinel wrote it. While they don’t address the veto requested in the epetition, the White House did come out strongly against the DNS provisions in the bills.

Any effort to combat online piracy must guard against the risk of online censorship of lawful activity and must not inhibit innovation by our dynamic businesses large and small. Across the globe, the openness of the Internet is increasingly central to innovation in business, government, and society and it must be protected. To minimize this risk, new legislation must be narrowly targeted only at sites beyond the reach of current U.S. law, cover activity clearly prohibited under existing U.S. laws, and be effectively tailored, with strong due process and focused on criminal activity. Any provision covering Internet intermediaries such as online advertising networks, payment processors, or search engines must be transparent and designed to prevent overly broad private rights of action that could encourage unjustified litigation that could discourage startup businesses and innovative firms from growing.

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.

Taken in context with Senator Leahy’s statement on reconsidering DNS (albeit not removing it from the bill) and Rep. Lamar Smith saying he’ll remove a DNS provision from SOPA, one of the major concerns that the tech community appears to have been heard and validated. Read my past coverage of SOPA and PIPA at Radar for these concerns, including links to the bills and a white paper from Internet engineers.

The White House, however, did write that “existing tools are not strong enough” and that they want legislation to move forward. That could well be the OPEN Act supported by Senator Ron Wyden and Rep. Darrell Issa.

The MPAA has also weighed in on the Congressional moves. (PDF. Michael O’Leary, senior executive VP for global policy and external affairs for the MPAA:

“We fully support Chairman Smith in his efforts to protect U.S. workers, businesses and consumers
against online theft. We believe his announcement today regarding the Stop Online Piracy Act and
Senator Leahy’s earlier announcement regarding the PROTECT IP Act will help forge an even
broader consensus for legislative action, and we look forward to working with them and other
interested parties in passing strong legislation utilizing the remaining tools at our disposal to protect
American jobs and creativity. We continue to believe that DNS filtering is an important tool, already
used in numerous countries internationally to protect consumers and the intellectual property of
businesses with targeted filters for rogue sites. We are confident that any close examination of DNS
screening will demonstrate that contrary to the claims of some critics, it will not break the Internet.”

Gary Price, who forwarded the MPAA response, also notes that “on Thursday, the Library of Congress named a new Director of Communications. She starts at the end of this month. She was key in the founding of the Pro-SOPA Copyright Alliance and
also worked for the MPAA.

We’ll be seeing reactions to this all weekend. I’ll link to the best of them tomorrow from this story. For now, a couple of things seems clear:

1) The technical concerns of the Internet community appear to have been heard. It’s also likely that the federal government’s own cybersecurity experts, including Sandia Labs and Schmidt himself, influenced Congressional actions here. Senator Leahy, however, has not committed to remove DNS provisions entirely from PIPA, only to research them upon passage. That’s likely to be unsatisfactory to many concerned with the bills. “Trust us” to study it after passage is a tough sell.

2) The White House is supporting the arguments that online piracy is a a “real problem that harms the American economy, and threatens jobs for significant numbers of middle class workers.” That statement should have been supported with more evidence from the government’s research institutions.

3) The response from the White House has to be considered an open government win, with respect to an epetition resulting in a statement from the top IT officials in the country. That said, posting it on a Friday night Saturday morning, as opposed to a response from the President during his Friday news conference, buried* diminished the impact of the news and muted its political impact.

4) Most American citizens oppose government involvement in blocking access to content online, particularly when the word “censor” is accurately applied. When asked if ISPs, social media sites and search engines should block access — as they would under SOPA — only a third of Americans agree.

The White House stated that “we will not support legislation that reduces freedom of expression, increases cybersecurity risk, or undermines the dynamic, innovative global Internet.”

It will be up to the American people to hold them accountable for the commitment.

Update: Here’s Erik Cain, writing at Forbes on the White House response on SOPA:

This pretty clearly pits the Obama Administration against SOPA/PIPA. It also calls for more open and honest discussion about these bills and the problems they seek to address. Since there has been almost no discussion or debate until very recently on the legislation in question, this is a very welcome development.

I admit that while I’m pretty glad to see the administration come out with this sort of in-depth statement on the matter, I have a hard time trusting the president on these issues. His veto pen notably did not come out to quash the NDAA – a bill he vowed at one point to not let past his desk.

Then again, internet regulations may have wide, bipartisan support but still nowhere near the support that a defense funding bill has. Obama may have seen a political fight he couldn’t win, read the writing on the wall, and backed off of the NDAA rather than suffer a blow right before an election. The same does not apply to SOPA/PIPA.

So an executive veto on these bills seems much more likely, though at this point – with various congressmen starting to speak out, lots of companies threatening blackouts of their websites – including Wikipedia and Reddit – we may see the momentum behind these bills grind to a halt. The White House statement on the matter will only help push the conversation in congress. That’s a good thing.

Here’s Matt Yglesias, who writes at Slate that the Obama administration came out against SOPA and PIPA:

It increasingly looks like the SOPA/Protect IP fights are turning into an example of how the political system sometimes does work correctly after all. The con forces on these bills initially looked numerically overwhelmed in congress and hugely outspent. But opponents really mobilized vocally, got people and institutions who don’t normally focus on politics to write about this, and perhaps most important of all demonstrated that more people genuinely cared about this issue than most members of congress initially realized. Now the momentum has slowed incredibly and the White House technology policy team has come out against these bills.

To look a gift horse in the mouth for a second, however, I note that the White House statement does contain a “reasonable” to-be-sure line stating that “online piracy is a real problem that harms the American economy, and threatens jobs for significant numbers of middle class workers and hurts some of our nation’s most creative and innovative companies and entrepreneurs.”

Greg Sandoval and Declan McCullagh for CNET: DNS provision pulled from SOPA, victory for opponents:

Without the DNS provision, SOPA now looks a great deal more like the OPEN Act, a bill introduced by Rep. Darrell Issa (R-Calif.) and Sen. Ron Wyden (D-Ore.), which was designed to be an alternative to SOPA. A watered-down SOPA means Smith improves his chances of getting the bill through Congress but at this point, nothing is assured.

Late today came word that six Republican senators have asked Majority Leader Harry Reid to postpone a vote on Pro IP, also known as PIPA. The senators wrote: “Prior to committee action, some members expressed substantive concerns about the bill, and there was a commitment to resolve them prior to floor consideration.”

Leahy issued a statement which appears to be a reply to the request by those senators. He argued that the PIPA vote should go ahead as planned.

“Saying no to debating the [Pro IP Act] hurts the economy,” Leahy wrote. “It says no to the American workers whose livelihoods depend on intellectual property-reliant businesses. And it says yes to the criminals hiding overseas stealing American intellectual property…all Senators should agree that this is a debate we must have…and should support cloture on the motion to proceed on January 24.”

It sounds as if Leahy is trying to keep some of the bill’s supporters from bolting. There’s little question now that some SOPA and PIPA backers in Congress are in retreat and seeking some kind of compromise in the face of significant opposition.

Cory Doctorow at BoingBoing: Lamar Smith and Patrick Leahy blink, pull DNS-blocking out of PIPA and SOPA

After repeatedly insisting that establishing a national censoring firewall with DNS-blocking was critical to the Stop Online Piracy Act, the bill’s sponsor (and chair of the House Judicial Committee) Rep Lamar Smith has blinked. He’s agreed to cut DNS-blocking from the bill, in the face of a threat from rival Rep Darrell Issa, whose House Oversight and Government Reform Committee was preparing to hear expert testimony on the harm that this provision would do to national security and the Internet’s robustness against fraud and worse.

Even without its DNS provisions, SOPA remains terminally flawed, creating a regime that would be terminally hostile to any site that contains links and any site that allows the public to post comments on it. But attention has shifted to PIPA, the Senate version of the bill, which is nearly as bad, and which is rocketing towards an imminent vote.

Timothy Lee at ArsTechnica: Obama administration joins the ranks of SOPA skeptics:

Combine all those concerns, and the statement is a fairly sweeping condemnation of SOPA and PIPA in their current form. Espinel and her colleagues appear to have left enough wiggle room in the statement to allow the president to sign a future version of the bill that addresses some, but not all, of the critics’ concerns. But the bill’s sponsors are now going to have to work hard to satisfy critics and build a consensus in favor of passage.

Tim O’Reilly at Google+ on the White House response to the epetition on SOPA and PIPA:

I found myself profoundly disturbed by something that seems to me to go to the root of the problem in Washington: the failure to correctly diagnose the problem we are trying to solve, but instead to accept, seemingly uncritically, the claims of various interest groups. The offending paragraph is as follows:

“Let us be clear—online piracy is a real problem that harms the American economy, and threatens jobs for significant numbers of middle class workers and hurts some of our nation’s most creative and innovative companies and entrepreneurs. It harms everyone from struggling artists to production crews, and from startup social media companies to large movie studios. While we are strongly committed to the vigorous enforcement of intellectual property rights, existing tools are not strong enough to root out the worst online pirates beyond our borders.”

In the entire discussion, I’ve seen no discussion of credible evidence of this economic harm. There’s no question in my mind that piracy exists, that people around the world are enjoying creative content without paying for it, and even that some criminals are profiting by redistributing it. But is there actual economic harm?

In my experience at O’Reilly, the losses due to piracy are far outweighed by the benefits of the free flow of information, which makes the world richer, and develops new markets for legitimate content. Most of the people who are downloading unauthorized copies of O’Reilly books would never have paid us for them anyway; meanwhile, hundreds of thousands of others are buying content from us, many of them in countries that we were never able to do business with when our products were not available in digital form.

History shows us, again and again, that frontiers are lawless places, but that as they get richer and more settled, they join in the rule of law. American publishing, now the largest publishing industry in the world, began with piracy. (I have a post coming on that subject on Monday.)

Congress (and the White House) need to spend time thinking hard about how best to grow our economy – and that means being careful not to close off the frontier, or to harm those trying to settle it, in order to protect those who want to remain safe at home. British publishers could have come to America in the 19th century; they chose not to, and as a result, we grew our own indigenous publishing industry, which relied at first, in no small part, on pirating British and European works.

If the goal is really to support jobs and the American economy, internet “protectionism” is not the way to do it.

*The White House emailed me later in the morning to point out that the epetition response was posted on Saturday morning.

As SOPA comes to a vote, O.E.C.D. calls on members to defend Internet freedom

On Wednesday, the Organization for Economic Cooperation and Development called on its members to defend Internet freedoms. “It’s really a milestone in terms of making a statement about openness,” said Karen Kornbluh, the U.S. ambassador to the O.E.C.D., quoted by Eric Pfanner in the New York Times. “You can’t really get the innovation you need in terms of creating jobs unless we work together to protect the openness of the Internet.”

China and Russia come under some scrutiny for recent actions regarding their citizens and the Internet. For instance, distributed denial of service attacks were recently used in Russia in attempts to squelch online speech after the elections.

The United States of America, however, also has a serious Internet freedom issue on its collective hands, as people following the progress of the ‘Stop Online Piracy Act’ (SOPA) through Congress know. If you’re unclear about the issues raised by the Stop Online Piracy Act, read my feature, “Congress considers anti-piracy bills that could cripple Internet industries,” or watch the video below, from the Cato Institute:

Cato Institute research fellow Sanchez asserts “that internet censorship won’t effectively address the problem of piracy and will threaten innovation and the liberties of Americans by engaging in unconstitutional prior restraint.” The video was produced by Caleb Brown, Austin Bragg and Julian Sanchez.

The key O.E.C.D. recommendation relevant to SOPA is the one that urges policy makers to “limit Internet intermediary liability.” If you don’t know what intermediary liability is, watch White House deputy CTO for Internet policy Danny Weitzner explain it at Radar. As Pfanner observed, President Barack Obama has yet to take a public position on SOPA or the PROTECT IP Act.

The House Judiciary Committee addressed some of the concerns raised about SOPA in the manager’s amendment of SOPA. Markup of the bill is scheduled for a hearing this Thursday morning. While some of the most controversial elements in the original bill have been edited (removal of a private right of actor, narrowed range of targets) the use of DNS and filtering as enforcement mechanisms remain. The EFF is not satisfied, stating that the manager’s amendment is “still a disaster.” <Public Knowledge and the Center for Democracy and Technology welcomes the revisions but retained serious concerns.

As Google anti-spam lead Matt Cutts recently pointed out, “some guy” also recently pointed out that SOPA is unconstitutional. The fellow in question happens to be Lawrence Tribe, a professor of constitutional law at Harvard Law School, who released his opinion on SOPA online. “Under standard First Amendment scrutiny, both PROTECT IP & SOPA are clearly unconstitutional,” concurred Marvin Ammori.

What happens next is less clear. It’s unlikely that Rep. Lamar Smith (R-TX), chairman of the House Judiciary Committee, would have brought SOPA up for markup unless he thought he had the votes to pass it on to the full House of Representatives.

The SOPA “manager’s amendment retains the fundamental flaws of its predecessor,” said Rep. Darrell Issa, chairman of the House Oversight and Government Reform Committee. . Issa told CNET that SOPA won’t be approved unless fixed.

Former Internet entrepreneur Rep. Jared Polis (D-CO) went further, telling CNET that SOPA will “destroy the Internet as we know it.” According to Polis, his staffers haven’t received a single call asking them to pass SOPA, but had “hundreds against” it.”

Many prominent members of the Internet community have come out against SOPA. Thousands of people have added their faces to IWorkForTheInternet.org this week. Notably, earlier this week, Jimmy Wales asked Wikipedia if it should “strike” over SOPA. As of Monday night, about 75% of those responding to his straw poll supported the action. Wikimedia general counsel Geoff Brigham advised the Wikipedia community that SOPA will hurt the free Web and Wikipedia. As of today, we still don’t know whether the world’s biggest encyclopedia will protest tomorrow.

Will any of it make a difference to the eventual legislation or its passage? Stay tuned.

Reps. Issa and Lofgren warn that SOPA is “a bipartisan attempt to regulate the Internet”

Last week, House Oversight and Government Reform Committee Chairman Darrell Issa (R-CA) and Representative Zoe Lofgren sent out a “Dear Colleague” letter to the other members of the House of Representatives entitled “A bipartisan attempt to regulate the Internet?”

I’ve posted the letter below in its entirety, adding a link to the bill page for the “Stop Online Piracy Act” (SOPA) (H.R. 3261) on Thomas.gov and a PopVox widget after it, and embedded my interview with U.S. Senator Ron Wyden about the PROTECT IP Act, the companion bill to SOPA in the Senate.

From: The Honorable Zoe Lofgren
Sent By: Ryan.Clough@mail.house.gov
Date: 11/8/2011

Dear Colleague:

The Judiciary Committee is close to consideration of H.R. 3261, the Stop Online Piracy Act. We write to call your attention to a recent article about the bill in the Los Angeles Times, entitled, “A bipartisan attempt to regulate the Internet?” (available at http://opinion.latimes.com/opinionla/2011/10/technology-a-bipartisan-attempt-to-regulate-the-internet.html).

We agree with the goal of fighting online copyright infringement, and would support narrowly targeted legislation that does not ensnare legitimate websites. We also believe that a consensus on the issue between the content and technology industries is achievable. As the attached article makes clear, H.R. 3261 unfortunately does not follow a consensus-based approach. It would give the government sweeping new powers to order Internet Service Providers to implement various filtering technologies on their networks. It would also create new forms of private legal action against websites—cutting them off from payment and advertising providers by default, without any court review, upon a complaint from any copyright owner, even one whose work is not necessarily being infringed.

Online innovation and commerce were responsible for 15 percent of U.S. GDP growth from 2004 to 2009, according to the McKinsey Global Institute. Before we impose a sprawling new regulatory regime on the Internet, we must carefully consider the risks that it could pose for this vital engine of our economy.

Sincerely,

Zoe Lofgren
Member of Congress

Darrell Issa
Member of Congress

Al Gore, Vint Cerf and Tim Berners-Lee on Internet freedom and democracy [VIDEO]

Last month, Cory Doctorow talked with Al Gore, Vint Cerf and Tim Berners-Lee in Mexico City about privacy, freedom, neutrality and democracy in the context of the Internet and the Web. Shaky handheld video is embedded below — the audio is worth tuning in, however, even if the video is a bit jumpy.

Hat tip to Cory Doctorow at BoingBoing, who writes:

We had a wide-ranging discussion, but kept circling back to the threats and promises for the net — copyright wars, privacy wars, government and grassroots. It was a lot of fun, and quite an honor, and I’m happy to see they’ve got the video online.

GSA’s McClure: Cloud computing and open data in federal government aren’t going away

To those in media, government or commentariot who think that cloud computing or open data might be going away in federal government after the departure of federal CIO Vivek Kundra next month, Dave McClure offered a simple message today: these trends are “inevitable.”

Cloud computing, for instance, will “survive if we change federal CIOs,” he said. “It’s here, and it’s not going away. McClure describes cloud computing as a worldwide global development in both business and government, where the economics and efficiencies created are “compelling.” The move to the cloud, for instance, is behind US plans to close or consolidate some 800 data centers,, including hundreds by the end of 2011.

Cloud computing was just one of five macro trends that McClure “listed at this year’s FOSE Conference in Washington, D.C. FOSE is one of the biggest annual government IT conferences.
inevitable. Here’s the breakdown:

1) Cloud computing

The GSA is the “engine behind the administration’s ‘cloud-first’ strategy,” said McClure, lining up the procurement details for government to adopt it. He said that he’s seen “maturity” in this area in the past 18-24 months. Two years ago, National Institute of Standards and Technology (NIST) was spending time at conferences and panels defining it. Now we have cloud deployments that are robust and scalable, said McClure, including infrastructure as a service and email-as-a-service.

Government cloud deployments now includes public facing websites, storage, disaster recovery andare beginning to move into financial apps.

2) Collaboration and engagement

The cloud is teaching us that once we free data, make it accessible, and make it usable, it’s
creating opportunities for effective collaboration with citizens, said McClure, noting that this trend is in its “early stages.”

3) Open data and big data

Data.gov has “treasure troves” of data that entrepreneurs and citizens are turning into hundreds of applications and innovations, said McClure. Inside of government, he said that access to data is creating a “thirst” for data mining and business intelligence that help public servants work more efficient.

4) Mobile

Mobile computing will be the next wave of innovation, said McClure, delivering value to ourselves and delivering value to citizens. Government is “entrenched in thinking about creation of data on websites or desktop PCs,” he said. That perspective is, in this context, dated. Most of the audience here has a smartphone, he pointed out, with most interactions occurring on the hip device. “That’s going to be the new platform,” a transition that’s “absolutely inevitable,” he said, “despite arguments about digital divide and broadband access.”

5) Security

As McClure noted, you have to include security at a government IT conference. The need for improved security on the Web, for critical infrastructure, on email and where ever else government has exposed attack surface is clear to all observers.

G8: the Internet has become the public arena for our time

President Barack Obama and other world leaders walk to the first working session at the G8 summit in Deauville, France, May 26, 2011. Pictured, from left are: European Commission President Jose Manuel Barroso; President Obama; French President Nicolas Sarkozy; Canadian Prime Minister Stephen Harper; Japanese Prime Minister Naoto Kan; German Chancellor Angela Merkel; and British Prime Minister David Cameron. May 26, 2011. (Official White House Photo by Official White House Photo by Lawrence Jackson)

President Barack Obama and other world leaders walk to the first working session at the G8 summit in Deauville, France, May 26, 2011. Pictured, from left are: European Commission President Jose Manuel Barroso; President Obama; French President Nicolas Sarkozy; Canadian Prime Minister Stephen Harper; Japanese Prime Minister Naoto Kan; German Chancellor Angela Merkel; and British Prime Minister David Cameron. May 26, 2011. (Official White House Photo by Official White House Photo by Lawrence Jackson)

At this year’s meeting of the “Group of 8″ (G8) nations in France, a declaration about the Arab Spring included a “Deauville Partnership” with the people of the Middle East to support the growth of “democratic, open societies and inclusive economic modernisation.”

For the first time, the 2011 G-8 Summit included discussion of the Internet as a top-level issue, alongside the ongoing conflict in Libya, economic growth, nuclear safety, climate change, foreign aid and national security.

The G8 released an official communique that pledging renewed commitment for freedom and democracy that included a substantial section on the Internet. The communique included this summary of the principles discussed:

We discussed new issues such as the Internet which are essential to our societies, economies and growth. For citizens, the Internet is a unique information and education tool, and thus helps to promote freedom, democracy and human rights. The Internet facilitates new forms of business and promotes efficiency, competitiveness, and economic growth. Governments, the private sector, users, and other stakeholders all have a role to play in creating an environment in which the Internet can flourish in a balanced manner. In Deauville in 2011, for the first time at Leaders’ level, we agreed, in the presence of some leaders of the Internet economy, on a number of key principles, including freedom, respect for privacy and intellectual property, multi-stakeholder governance, cyber-security, and protection from crime, that underpin a strong and flourishing Internet. The “e-G8″ event held in Paris on 24 and 25 May was a useful contribution to these debates.

That eG8 showed that online innovation and freedom of expression still need strong defenders. Some of the concerns will be assuaged in this communique.

While the body of the communique is comprised of high level principles and does not contain specific prescriptions, it does not specifically reference to international human rights laws or a “freedom to connect,” an exception that supporters of free expression like Article 19 have criticized as unsufficient. In addition, paragraph 15, below, renews a “commitment to ensuring effective action against violations of intellectual property rights in the digital arena, including action that addresses present and future infringements” that may obliquely refer to the Anti-Counterfeiting Trade Agreement, or “ACTA,” that the Electronic Frontier Foundation and others have expressed concerns about as it has moved through drafting stages.

That said, there is much in the official communique about the Internet that celebrates its power and choices that have driven its growth, including:

  • “The openness, transparency and freedom of the Internet have been key to its development and success. These principles, together with those of non-discrimination and fair competition, must continue to be an essential force behind its development.”
  • “The Internet has become the public arena for our time, a lever of economic development and an instrument for political liberty and emancipation. Freedom of opinion, expression, information, assembly and association must be safeguarded on the Internet as elsewhere. Arbitrary or indiscriminate censorship or restrictions on access to the Internet are inconsistent with States’ international obligations and are clearly unacceptable. Furthermore, they impede economic and social growth.

Coming on a week when Iran vowed to unplug the Internet, disconnecting Iranian citizens from the rest of the world, holding up those principles is both timely and notable. The full section of the communique regarding the Internet follows.

II. INTERNET

4. All over the world, the Internet has become essential to our societies, economies and their growth.

5. For citizens, the Internet is a unique information and education resource and thus can be a helpful tool to promote freedom, democracy and human rights.

6. For business, the Internet has become an essential and irreplaceable tool for the conduct of commerce and development of relations with consumers. The Internet is a driver of innovation, improves efficiency, and thus contributes to growth and employment.

7. For governments, the Internet is a tool for a more efficient administration, for the provision of services to the public and businesses, and for enhancing their relations with citizens and ensuring respect for and promotion of human rights.

8. The Internet has become a major driver for the global economy, its growth and innovation.

9. The openness, transparency and freedom of the Internet have been key to its development and success. These principles, together with those of non-discrimination and fair competition, must continue to be an essential force behind its development.

10. Their implementation must be included in a broader framework: that of respect for the rule of law, human rights and fundamental freedoms, the protection of intellectual property rights, which inspire life in every democratic society for the benefit of all citizens. We strongly believe that freedom and security, transparency and respect for confidentiality, as well as the exercise of individual rights and responsibility have to be achieved simultaneously. Both the framework and principles must receive the same protection, with the same guarantees, on the Internet as everywhere else.

11. The Internet has become the public arena for our time, a lever of economic development and an instrument for political liberty and emancipation. Freedom of opinion, expression, information, assembly and association must be safeguarded on the Internet as elsewhere. Arbitrary or indiscriminate censorship or restrictions on access to the Internet are inconsistent with States’ international obligations and are clearly unacceptable. Furthermore, they impede economic and social growth.

12. The Internet and its future development, fostered by private sector initiatives and investments, require a favourable, transparent, stable and predictable environment, based on the framework and principles referred to above. In this respect, action from all governments is needed through national policies, but also through the promotion of international cooperation.

13. We commit to encourage the use of the Internet as a tool to advance human rights and democratic participation throughout the world.

14. The global digital economy has served as a powerful economic driver and engine of growth and innovation. Broadband Internet access is an essential infrastructure for participation in today’s economy. In order for our countries to benefit fully from the digital economy, we need to seize emerging opportunities, such as cloud computing, social networking and citizen publications, which are driving innovation and enabling growth in our societies. As we adopt more innovative Internet-based services, we face challenges in promoting interoperability and convergence among our public policies on issues such as the protection of personal data, net neutrality, transborder data flow, ICT security, and intellectual property.

15. With regard to the protection of intellectual property, in particular copyright, trademarks, trade secrets and patents, we recognize the need to have national laws and frameworks for improved enforcement. We are thus renewing our commitment to ensuring effective action against violations of intellectual property rights in the digital arena, including action that addresses present and future infringements. We recognize that the effective implementation of intellectual property rules requires suitable international cooperation of relevant stakeholders, including with the private sector. We are committed to identifying ways of facilitating greater access and openness to knowledge, education and culture, including by encouraging continued innovation in legal on line trade in goods and content, that are respectful of intellectual property rights.

16. The effective protection of personal data and individual privacy on the Internet is essential to earn users’ trust. It is a matter for all stakeholders: the users who need to be better aware of their responsibility when placing personal data on the Internet, the service providers who store and process this data, and governments and regulators who must ensure the effectiveness of this protection. We encourage the development of common approaches taking into account national legal frameworks, based on fundamental rights and that protect personal data, whilst allowing the legal transfer of data.

17. The security of networks and services on the Internet is a multi-stakeholder issue. It requires coordination between governments, regional and international organizations, the private sector, civil society and the G8’s own work in the Roma-Lyon group, to prevent, deter and punish the use of ICTs for terrorist and criminal purposes. Special attention must be paid to all forms of attacks against the integrity of infrastructure, networks and services, including attacks caused by the proliferation of malware and the activities of botnets through the Internet. In this regard, we recognize that promoting users’ awareness is of crucial importance and that enhanced international cooperation is needed in order to protect critical resources, ICTs and other related infrastructure. The fact that the Internet can potentially be used for purposes that are inconsistent with the objectives of peace and security, and may adversely affect the integrity of critical systems, remains a matter of concern. Governments have a role to play, informed by a full range of stakeholders, in helping to develop norms of behaviour and common approaches in the use of cyberspace. On all these issues, we are determined to provide the appropriate follow-up in all relevant fora.

18. We call upon all stakeholders to combat the use of Internet for trafficking in children and for their sexual exploitation. We will also work towards developing an environment in which children can safely use the Internet by improving children’s Internet literacy including risk awareness, and encouraging adequate parental controls consistent with the freedom of expression.

19. We recognize the importance of enhanced access to the Internet for developing countries. Important progress has been achieved since the Okinawa Summit and we pay tribute to the efforts made by developing countries in this regard as well as the various stakeholders, governments, the private sector and NGOs, which provide resources, expertise and innovation. We encourage initiatives, in partnership with the private sector, on the use of the Internet with a development purpose, particularly for education and healthcare.

20. As we support the multi-stakeholder model of Internet governance, we call upon all stakeholders to contribute to enhanced cooperation within and between all international fora dealing with the governance of the Internet. In this regard, flexibility and transparency have to be maintained in order to adapt to the fast pace of technological and business developments and uses. Governments have a key role to play in this model.

21. We welcome the meeting of the e-G8 Forum which took place in Paris on 24 and 25 May, on the eve of our Summit and reaffirm our commitment to the kinds of multi-stakeholder efforts that have been essential to the evolution of the Internet economy to date. The innovative format of the e-G8 Forum allowed participation of a number of stakeholders of the Internet in a discussion on fundamental goals and issues for citizens, business, and governments. Its free and fruitful debate is a contribution for all relevant fora on current and future challenges.

22. We look forward to the forthcoming opportunities to strengthen international cooperation in all these areas, including the Internet Governance Forum scheduled next September in Nairobi and other relevant UN events, the OECD High Level Meeting on “The Internet Economy: Generating Innovation and Growth” scheduled next June in Paris, the London International Cyber Conference scheduled next November, and the Avignon Conference on Copyright scheduled next November, as positive steps in taking this important issue forward.

Daniel Weitzner is the new White House deputy CTO for Internet policy

DSC_5476

Image by Elon University via Flickr

There’s a new deputy chief technology officer in the White House Office of Science and Technology Policy: Danny Weitzner. He’ll be taking over the policy portfolio that Andrew McLaughlin held. The appointment appears to have been reported first by Julia Angwin in her story on a proposed bill for an online privacy bill of rights drafted by Senator John McCain (R-AZ) and Senator John Kerry (D-MA). Rick Weiss, director of communications at OSTP confirmed the appointment and said that they anticipate that Weitzner will start work “very soon.”

With the appointment, the OSTP staff has three deputy CTOs again working under federal CTO Aneesh Chopra: Chris Vein for innovation, Weitzner for Internet policy and Scott Deutchman for telecommunications policy.

Weitzner has a deep and interesting background when it comes to Internet policy. He was serving as associate administrator for policy at the United States Commerce Department’s National Telecommunications and Information Administration (NTIA), the principal adviser to the President on telecommunications and information policy. Prior to joining the Obama administration, Weitzner created the MIT CSAIL Decentralized Information Group and was used to be the policy director for the World Wide Web Consortium (W3C) before he joined . Here’s his bio from his time there:

Daniel Weitzner is Policy Director of the World Wide Web Consortium’s Technology and Society activities. As such, he is responsible for development of technology standards that enable the web to address social, legal, and public policy concerns such as privacy, free speech, security, protection of minors, authentication, intellectual property and identification. Weitzner holds an appointment as Principal Research Scientist at MIT’s Computer Science and Artificial Intelligence Laboratory, co-directs MIT’s Decentralized Information Group with Tim Berners-Lee, and teaches Internet public policy at MIT.

As one of the leading figures in the Internet public policy community, he was the first to advocate user control technologies such as content filtering and rating to protect children and avoid government censorship of the Intenet. These arguments played a critical role in the 1997 US Supreme Court case, Reno v. ACLU, awarding the highest free speech protections to the Internet. He successfully advocated for adoption of amendments to the Electronic Communications Privacy Act creating new privacy protections for online transactional information such as Web site access logs.

Before joining the W3C, Mr. Weitzner was co-founder and Deputy Director of the Center for Democracy and Technology, a leading Internet civil liberties organization in Washington, DC. He was also Deputy Policy Director of the Electronic Frontier Foundation. He serves on the Boards of Directors of the Center for Democracy and Technology, the Software Freedom Law Center, the Web Science Research Initiative. and the Internet Education Foundation.

His publications on technical and public policy aspects of the Internet have appeared in the Yale Law Review, Science magazine, Communications of the ACM, Computerworld, Wired Magazine, and The Whole Earth Review. He is also a commentator for NPR’s Marketplace Radio.

Mr. Weitzner has a degree in law from Buffalo Law School, and a B.A. in Philosophy from Swarthmore College.

As Angwin reported, Weitzner pushed for creation of the Commerce Department new privacy office while he was at NTIA. In his new role, he’s likely to be working closely with the FTC, Congress and a new privacy office at the Commerce that, according to Angwin, is likely to be run by Jules Polonetsky, currently head of the Future of Privacy Forum.

Weitzner’s appointment is good news for those who believe that ECPA reform matters and for advocates of free speech online. Given the recent role of the Internet as a platform for collective action, that support is worth acknowledging.

For those interested, Weitzner can be found on Twitter at @djweitzner. While he has not sent out a tweet since last November, his link to open government in the United Kingdom last July bodes well for his support for open data and Gov 2.0: “Proposed Government Data Transparency principles from UK gov’t via Shadbolt & Berners-Lee http://bit.ly/b1WyYs #opendata #gov20.”

 

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