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:

U.S. Supreme Court decides government use of GPS for monitoring constitutes search under the 4th Amendment.

Huge electronic privacy news out of Washington. In an historic unanimous decision on United States vs. Jones, the United States Supreme Court found that “the Government’s attachment of the GPS device to the vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a search under the Fourth Amendment.” That means that the federal government will now need a probable cause warrant to affix a GPS device to a car.

Kashmir Hill, Forbes’s ace privacy writer, summarized this decision succinctly in a tweet linking to the decision: “Gov lost. Privacy won.”

“The decision, in what is arguably the biggest Fourth Amendment case in the computer age, rejected the Obama administration’s position that American’s had no privacy in their public movements,” wrote David Kravets in Wired: “Warrant required for GPS tracking, Supreme Court rules.” Kravetz observed how long it’s been since a similar case made it to the nation’s highest court:

During oral arguments in the case in November, a number of justices invoked the specter of Big Brother if the police could secretly attach GPS devices on Americans’ cars without getting a probable-cause warrant.

The last time the high court considered the Fourth Amendment, technology and privacy in a big-ticket case was a decade ago, when the justices ruled that the authorities must obtain search warrants to employ thermal-imaging devices to detect indoor marijuana-growing operations, saying the imaging devices carry the potential to “shrink the realm of guaranteed privacy.”

“While the result was unanimous, the reasoning was not,” observes Timothy Lee in ArsTechnica: “Supreme Court holds warrantless wiretapping unconstitutional

A five-judge majority led by Justice Scalia, and including most of the court’s conservatives, focused on the physical trespass involved in attaching the device to the car. Three of the court’s liberals signed a concurrence by Justice Alito, a conservative, that would have taken a stronger pro-privacy stance, holding that extended warrantless tracking itself violates the Fourth Amendment regardless of whether the government committed a trespass to accomplish it.

Justice Sotomayor straddled the line. She signed onto the majority opinion, but also filed a separate concurrence in which she endorsed both Scalia’s concerns about physical trespass and Justice Alito’s broader concerns about the dangers of warrantless GPS tracking.

“As Justice Alito incisively observes, the same technological advances that have made possible nontrespassory surveillance techniques will also affect the Katz test by shaping the evolution of societal privacy expectations,” Sotomayor wrote, referring to the famous case of Katz v. United States that established the “reasonable expectation of privacy” test for violations of the Fourth Amendment. “Under that rubric, I agree with Justice Alito that, at the very least, ‘longer term GPS monitoring in investigations of most offenses impinges on expectations of privacy.'”

The Center for Democracy and Technology, which was an active participant in the jurisprudence surrounding the case, released the following statement on the ruling:

“The Supreme Court today made it clear that it will not allow advancing technology to erode the Constitutional right of privacy,” said Gregory T. Nojeim, Director of CDT’s Project on Freedom, Security and Technology.
The Justice Department had argued that the GPS device, because it tracked the person’s movements only on the public streets, did not raise any concern under the Constitution’s Fourth Amendment, which generally requires a warrant for searches and seizures.  Not a single Justice agreed with the government on that issue.
Instead, all nine agreed that, under the facts of the case, the Constitution required a warrant issued by a judge.  Five Justices agreed that any use of GPS planted by the government was a search generally requiring a warrant, effectively settling that issue.
The case also has implications for tracking individuals using cell phone tower data.  Five Justices held that a warrant would have been required on the facts of this case even if the government tracking did not involve planting a GPS device.  “Cell phone triangulation can be just as precise as GPS,” Nojeim said. “Congress should build on this opinion by writing a statute that draws a bright line requiring the government, except in emergencies, to get a warrant before turning your cell phone into a tracking device.”
CDT has helped to coordinate a coalition of major Internet companies, think tanks and advocacy groups from across the political spectrum calling on Congress to require a warrant for cell phone tracking.
CDT filed an amicus brief in the Supreme Court case, arguing that warrant is required for GPS tracking.

“Wow,” tweeted electronic privacy and security researcher Chris Soghoian. “Justice Sotomayor in Jones concurrence (pg 5): it may be necessary to reconsider the 3rd party doctrine,” he continued, which is that there is “no reasonable expectation of privacy for data held by ISPs & telcos.”

In the decision, Sotomayor wrote that it is ‘ill suited to the digital age.’

“So 4 supreme court judges embraced the mosaic theory (but not by name),” tweeted Soghoian. “4 weeks of GPS tracking by gov not OK, but a lesser amount might be. Also interesting to see Sotomayor cite last year’s OnStar privacy firestorm as evidence that the public is not cool with covert GPS tracking. Majority opinion by Sup Ct paves way for more gov tracking of cellphones, which gov still claims it can do (w/single tower data) w/o warrant.”

Expect more tech policy and privacy writers to be all over this one, all week.

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.

Jérémie Zimmermann on the Internet and civil society in France [VIDEO]

When it comes to the Internet, France has followed its own path in making policies, particularly with respect to intellectual property. Those choice were highlighted at the eG8 forum, where 20th century ideas clashed with the 21st century economy. The forum, held before the G-8 summit of global leaders, showed that online innovation and freedom of expression still need strong defenders.

As Nancy Scola reported at techPresident, at the eG8, civil society groups restaked their claim to the ‘Net. Looking for more answers, I spoke with Jérémie Zimmermann, co-founder and spokesperson for citizen advocacy group LaQuadrature du Net, about the Internet in France. For American Internet users, this interview should be by turns illuminating, provocative and a reminder of the freedoms we enjoy here.

Dyson at the eG8: You don’t need to be from the Internet to believe in liberty or free speech

At the eG8, 20th century ideas clashed with the 21st century economy. The inaugural eG8 forum, held in Paris before the G-8 summit of global leaders, showed that online innovation and freedom of expression still need strong defenders. As Nancy Scola reported at techPresident, at the at the eG8, civil society groups restaked their claim to the ‘Net.

Several attendees, many who had traveled from the United States, strongly questioned whether the Internet should be regulated in the ways that Sarkozy implied. The “value of internet is not just efficiency but also transparency,” tweeted Esther Dyson, “a much better regulator than government could ever be.”

I spoke further in with Dyson in an interview embedded below. What matters about the eG “is that you have a lot of people being exposed to one another and you have a lot of government people being exposed to people they don’t normally listen to,” said Dyson. “As usual, it’s not what happens up on stage, or what happens on the video: it’s what happens on the tweets, in the personal interactions, in the dinner afterwards, and in the back hall of the meeting. And that – that was positive. The world doesn’t change overnight, mostly. ”

She spoke to the concerns of civil society about eG8 recommendations: “It is sort of justified. Some of them were precanned. I actually sat down with my guy after doing my panel and changed them. I don’t think that happened with all of them. But again, the community is aroused: it’s going to make its points around this.”

Dyson also emphasized the universality of some of these concerns and what’s at stake. “You don’t need to be ‘from the Internet’ to believe in liberty or free speech.”

How are startups helping the global transparency movement? “They’re providing tools to make the data meaningful,” said Dyson. “They’re providing tools for people to share the information. They’re providing the communication tools, again, that allow from everything from Wikileaks to people communicating with reporters. Tools like your phone, connected to the Internet, so that you can record interviews not just with me but with all of the other people you talk to, upload them, people can share them, people can comment on them. That’s all technology.”

Dyson shared other thoughts on the eG8 and Internet freedom, including how entrepreneurs are changing the world through their work. Dyson also shared an insight that transcends technology:

“Even when you have a revolution, what makes the revolution works is what changes in people’s minds, and that’s what’s going on here,” said Dyson.

“The world is changing. People in government are not special. They should be as transparent as everybody else. People deserve privacy. Officials, governments, institutions, they all should be transparent. That’s new thinking, and it was being heard.”

President Sarkozy at the eG8 Summit [VIDEO]

Today, the eG8 is considering the future of the Internet and society in Paris, in advance of the G-8 Summit. President Nicolas Sarkozy opened the summit after an introduction by Maurice Lévy, Chairman & CEO, Publicis Groupe, holding up the power of the Internet but emphasizing the role of the state in providing security, privacy and protection for intellectual property. Video is embedded below:

The moment that many may remember from the question and answer period that followed was when professor Jeff Jarvis asked President Sarkozy whether he’d take a “Hippocratic oath” to “first, do no harm” when making policy choices that affect the Internet.

Related coverage at the Guardian: Sarkozy opens eG8 Summit

The consequences of connectivity in an information age

win 7 devicesLast night, author Sean Power (@seanpower) was able to recover his lost laptop and belongings using the tracking software (@preyproject), Twitter and some brave, helpful human beings. It’s a fascinating outcome. As Power tweeted afterwards, this is “a great story, and brings up many implications re: vigilantism, crime in the era of realtime, and findability.”

In many ways, this story of loss and recovery serves as a fascinating insight into the century ahead in an increasingly networked society. There’s Orwell’s Big Brother, created by a growing number of cameras, satellite photos, wiretaps and intercepts, and there’s Little Brother, made up of citizens toting mobile phones. When the TSA patted down a baby this week at an airport, a pastor (@JacobJester) in line saw it, snapped a picture and tweeted it.

This is, to be fair, a leading edge case. Power is more connected online than many of his fellow citizens, technically proficient enough to install open source tracking software and sufficiently deft to leverage his distributed network of friends in real-time.

That said, it’s a reasonable expectation that we’ll be seeing variants of these kinds of stories in the years ahead. They’ll often end with the same moral: don’t steal computers from people who know how to use computers. Freelance journalist Branden Ballenger (@btballenger) used Storify to document Power’s story, which I’ve embedded below.

Google reaches agreement with FTC on Buzz privacy concerns

Google has agreed to an independent review of its privacy procedures once every two years and to ask it users to give “affirmative consent” before it changes how it shares their personal information. The agreement raises the bar for the way that companies handle user privacy in the digital age.

Alma Whitten, director of privacy, product and engineering, announced that that Google had reached the agreement with the United States Federal Commission in an update in Buzz posted to Google’s official blog this morning.

“The terms of this agreement are strong medicine for Google and will have a far-reaching effect on how industry develops and implements new technologies and services that make personal information public,” said Leslie Harris, president of the Center for Democracy and Technology.  “We expect industry to quickly adopt the new requirement for opt-in consent before launching any new service that will publicly disclose personal information,” Harris said.

In a statement posted to FTC.gov, the FTC charged deceptive privacy practices in Google’s rollout of its buzz social network. (Emphasis is mine):

The agency alleges the practices violate the FTC Act. The proposed settlement bars the company from future privacy misrepresentations, requires it to implement a comprehensive privacy program, and calls for regular, independent privacy audits for the next 20 years. This is the first time an FTC settlement order has required a company to implement a comprehensive privacy program to protect the privacy of consumers’ information. In addition, this is the first time the FTC has alleged violations of the substantive privacy requirements of the U.S.-EU Safe Harbor Framework, which provides a method for U.S. companies to transfer personal data lawfully from the European Union to the United States.

“When companies make privacy pledges, they need to honor them,” said Jon Leibowitz, Chairman of the FTC. “This is a tough settlement that ensures that Google will honor its commitments to consumers and build strong privacy protections into all of its operations.”

The FTC turned to Twitter for a live Q&A with the Web. Here’s a recap of the conversation:

In her post, Whitten highlighted the efforts that the search engine has made in this intersection of Google, government and privacy:

For example, Google Dashboard lets you view the data that’s stored in your Google Account and manage your privacy settings for different services. With our Ads Preferences Manager, you can see and edit the data Google uses to tailor ads on our partner websites—or opt out of them entirely. And the Data Liberation Front makes it easy to move your data in and out of Google products. We also recently improved our internal privacy and security procedures.

Looking back at SXSWi and a “Social Networking Bills of Rights”

Posts and thoughts on the 2011 South by Southwest Interactive Festival are still making their way out of my hard drive. On the first day of the conference, I moderated a panel on “Social Network Users’ Bill of Rights” that has received continued interest in the press.This correspondent moderated a panel on a “social networking bill of rights” which has continued to receive attention in the days since the festival, including at MSNBC, Mainstreet.com, and PC World, focusing on the responsibility data stewardship. At MemeBurn.com, Alistair Fairweather highlighted a key question to consider for the technology industry to consider in the months ahead: “Why is user data always vested within the networks themselves? Why don’t we host our own data as independent “nodes”, and then allow networks access to it?”

Good questions, and ones that a few startups I talked to at the festival are working hard to answer. Stay tuned. For now, Jon Pincus captured the online conversation about the panel using Storify, below.