A Comparative Study of Internet Censorship
All my good friends, Is, and has ICANN and now the ALAC with it's "Internal mailing list", guilty of censorship? It appears so... Has "Wikileaks" exposed and/or reintroduced the Censorship problem. It appears so... Is the ALAC mimicking the "repressive regimes" a la ICANN, or will the ALAC recognize the error in such ways? Who knows... But let me be clear, the "Wikileaks" case and the censorship concern was borne of see: http://commons.globalintegrity.org/search/label/wikileaks and seems that there are some other powers that be whom are involved that may be politically embarrassed... None the less, we all should be shunning any form of Censorship, most especially the ALAC. To wit: Visit the home of the watchdog group Global Integrity for a breakdown of online censorship: "Using data from the Global Integrity Index, we http://commons.globalintegrity.org/2008/02/internet-censorship-comparative-s... put a US court's recent order to block access to anti-corruption site Wikileaks.org into context. In summary: This is unheard of in the West, and has only been seen in a handful of the most repressive regimes. Good thing it doesn't work very well... The whole event seems to encapsulate the constant criticism of governance in the United States: that the government has been captured by corporate interests, and that the world-leading rule of law and technocratic mechanisms in place can be hijacked to serve as tools for narrow, wealthy interests. Regards, Spokesman for INEGroup LLA. - (Over 277k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1@ix.netcom.com My Phone: 214-244-4827
Jeffrey: Though i'm still recovering from back issues, and completely behind on email - thought the issue is important enough for me to quickly comment on... let me share some initial comments on the issue.. 1. The ICANN community should raise the issue - specifically at-large, ncuc and others. 2. The judgement, came as a result of lack of outreach and education - particularly to key decision makers, such as lawyers, judges, and yes - politicos. If judges aren't educated on the issue of DNS, and other internet domain issues - well, it is likely they will make judgements that really don't make sense. 3. If the issue is one of lack of education - ie. outreach, then how could at-large and/or ICANN help make sure a similar situation does not take place again. might ALS's, with support from ICANN and other stakeholders in the IG community want to support trainings that help legal professionals know how to tap into the knowledge and technical experts so that new cases are based on a sound understanding of the domain name system. 4. I need to know more about the legality of the source documents in question before coming to a determination if this is indeed a "censorship" incident, or instead a "security" incident - one where personal data is stolen... Banking records, like medical records, - in my personal opinion are confidential. Information that might have been obtained through illegal means - stolen - isn't really a leak - but a a security incident, one where personal data and privacy might be compromised. 5. Wikileaks seem to have been proactive in setting up a set of mirrors prior to the incident. So the content is still available. 6. Given the information I have seen so far - this case is unlike other , more traditional freedom of expression censorship cases where activists are beaten, imprisoned, or worse based on their personal opinions. I haven't really made my mind up yet as to how to categorize this. That being said, there are lessons learned that could be helpful for at-large and others involved in IG issues to consider as one plans for 08. I look forward to further information and discussion on this, most interesting incident. regards Robert On 21-Feb-08, at 3:12 AM, Jeffrey A. Williams wrote:
All my good friends,
Is, and has ICANN and now the ALAC with it's "Internal mailing list", guilty of censorship? It appears so... Has "Wikileaks" exposed and/or reintroduced the Censorship problem. It appears so... Is the ALAC mimicking the "repressive regimes" a la ICANN, or will the ALAC recognize the error in such ways? Who knows... But let me be clear, the "Wikileaks" case and the censorship concern was borne of see: http://commons.globalintegrity.org/search/label/wikileaks and seems that there are some other powers that be whom are involved that may be politically embarrassed... None the less, we all should be shunning any form of Censorship, most especially the ALAC.
To wit: Visit the home of the watchdog group Global Integrity for a breakdown of online censorship: "Using data from the Global Integrity Index, we http://commons.globalintegrity.org/2008/02/internet-censorship-comparative-s...
put a US court's recent order to block access to anti-corruption site Wikileaks.org into context. In summary: This is unheard of in the West, and has only been seen in a handful of the most repressive regimes. Good
thing it doesn't work very well... The whole event seems to encapsulate the constant criticism of governance in the United States: that the government has been captured by corporate interests, and that the world-leading rule of law and technocratic mechanisms in place can be hijacked to serve as tools for narrow, wealthy interests.
Regards,
Spokesman for INEGroup LLA. - (Over 277k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln
"Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt
"If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1@ix.netcom.com My Phone: 214-244-4827
_______________________________________________ ALAC mailing list ALAC@atlarge-lists.icann.org http://atlarge-lists.icann.org/mailman/listinfo/alac_atlarge-lists.icann.org
At-Large Official Site: http://www.alac.icann.org ALAC Independent: http://www.icannalac.org
If judges aren't educated on the issue of DNS, and other internet domain issues - well, it is likely they will make judgements that really don't make sense.
My understanding of the Wikileaks issue, based on reviewing some of the pleadings, is that the Order requiring the registrar to take down the DNS records was negotiated between the plaintiff and the defendant registrar, Dynadot. The two of them stipulated to this result, and then simply presented a pre-agreed order to the judge to be approved and signed. If plaintiff and defendant stipulate to something, the stipulations usually are signed without much judicial review. -- Bret
I may have been wrong. More here: http://www.discourse.net/archives/2008/02/wikileaks_case_dynadot_says_dont_b... -- Bret On Feb 21, 2008, at 10:55 AM, Bret Fausett wrote:
My understanding of the Wikileaks issue, based on reviewing some of the pleadings, is that the Order requiring the registrar to take down the DNS records was negotiated between the plaintiff and the defendant registrar, Dynadot. The two of them stipulated to this result, and then simply presented a pre-agreed order to the judge to be approved and signed. If plaintiff and defendant stipulate to something, the stipulations usually are signed without much judicial review.
-- Bret
Bret and all my friends, Yes unfortunately you were. As I stated in a earlier post, the ENTIRE web site did not need to be takend down as a much more narrow remedy was avaliable, that being only removing the confidential financial information and/or link. However this has been an ongoing saga with "Wiki's", Wikipedia and now Wikileaks.org. Seems the name or dirivitive of same, "Wiki" is for a very long time in the future, damaged goods unfortunately... Bret Fausett wrote:
I may have been wrong. More here: http://www.discourse.net/archives/2008/02/wikileaks_case_dynadot_says_dont_b...
-- Bret
On Feb 21, 2008, at 10:55 AM, Bret Fausett wrote:
My understanding of the Wikileaks issue, based on reviewing some of the pleadings, is that the Order requiring the registrar to take down the DNS records was negotiated between the plaintiff and the defendant registrar, Dynadot. The two of them stipulated to this result, and then simply presented a pre-agreed order to the judge to be approved and signed. If plaintiff and defendant stipulate to something, the stipulations usually are signed without much judicial review.
-- Bret
Regards, Spokesman for INEGroup LLA. - (Over 277k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1@ix.netcom.com My Phone: 214-244-4827
Robert and all my friends, My response's interspersed below Roberts point by point response. Robert Guerra wrote:
Jeffrey:
Though i'm still recovering from back issues, and completely behind on email - thought the issue is important enough for me to quickly comment on...
let me share some initial comments on the issue..
1. The ICANN community should raise the issue - specifically at-large, ncuc and others.
Well it's been raised by other than ICANN staff or Bod members a number of times, including myself. Seemed in each of those raisings, ICANN didn't consider such very significant, and obviously still do not.
2. The judgement, came as a result of lack of outreach and education - particularly to key decision makers, such as lawyers, judges, and yes - politicos.
Agreed to a large extent.
If judges aren't educated on the issue of DNS, and other internet domain issues - well, it is likely they will make judgements that really don't make sense.
How true!
3. If the issue is one of lack of education - ie. outreach, then how could at-large and/or ICANN help make sure a similar situation does not take place again.
Contact the organizations in which Judges and other legal professionals and seek their participation in the ALS's would be a good first step.
might ALS's, with support from ICANN and other stakeholders in the IG community want to support trainings that help legal professionals know how to tap into the knowledge and technical experts so that new cases are based on a sound understanding of the domain name system.
I wouldn't want ICANN itself to do so directly given their obvious bias's. I am not sure the IG is a good community to do so either for similar reasons.
4. I need to know more about the legality of the source documents in question before coming to a determination if this is indeed a "censorship" incident, or instead a "security" incident - one where personal data is stolen...
The legal documents are avaliable on "Thomas".
Banking records, like medical records, - in my personal opinion are confidential. Information that might have been obtained through illegal means - stolen - isn't really a leak - but a a security incident, one where personal data and privacy might be compromised.
Very much agreed. But bringing the whole web site down instead of just that information is a blatent form of censorship and violation of US 1st amendment rights, which is extra legal clearly.
5. Wikileaks seem to have been proactive in setting up a set of mirrors prior to the incident. So the content is still available.
Yes. And perhaps this was unwise to the degree that violating any individuals banking records privacy is still allowed to exist as a result. Wikileaks should have turned over any such information to a proper LEA as soon as they determined it was of a questionable nature after seeking competant legal advice.
6. Given the information I have seen so far - this case is unlike other , more traditional freedom of expression censorship cases where activists are beaten, imprisoned, or worse based on their personal opinions.
I would agree with you here also.
I haven't really made my mind up yet as to how to categorize this. That being said, there are lessons learned that could be helpful for at-large and others involved in IG issues to consider as one plans for 08.
Yes perhaps. Lets hope the lessons learned are the right ones...
I look forward to further information and discussion on this, most interesting incident.
Our staff members are following it very closely. I am sure Ipjustice is as well.
regards
Robert
On 21-Feb-08, at 3:12 AM, Jeffrey A. Williams wrote:
All my good friends,
Is, and has ICANN and now the ALAC with it's "Internal mailing list", guilty of censorship? It appears so... Has "Wikileaks" exposed and/or reintroduced the Censorship problem. It appears so... Is the ALAC mimicking the "repressive regimes" a la ICANN, or will the ALAC recognize the error in such ways? Who knows... But let me be clear, the "Wikileaks" case and the censorship concern was borne of see: http://commons.globalintegrity.org/search/label/wikileaks and seems that there are some other powers that be whom are involved that may be politically embarrassed... None the less, we all should be shunning any form of Censorship, most especially the ALAC.
To wit: Visit the home of the watchdog group Global Integrity for a breakdown of online censorship: "Using data from the Global Integrity Index, we http://commons.globalintegrity.org/2008/02/internet-censorship-comparative-s...
put a US court's recent order to block access to anti-corruption site Wikileaks.org into context. In summary: This is unheard of in the West, and has only been seen in a handful of the most repressive regimes. Good
thing it doesn't work very well... The whole event seems to encapsulate the constant criticism of governance in the United States: that the government has been captured by corporate interests, and that the world-leading rule of law and technocratic mechanisms in place can be hijacked to serve as tools for narrow, wealthy interests.
Regards,
Spokesman for INEGroup LLA. - (Over 277k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln
"Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt
"If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1@ix.netcom.com My Phone: 214-244-4827
_______________________________________________ ALAC mailing list ALAC@atlarge-lists.icann.org http://atlarge-lists.icann.org/mailman/listinfo/alac_atlarge-lists.icann.org
At-Large Official Site: http://www.alac.icann.org ALAC Independent: http://www.icannalac.org
_______________________________________________ ALAC mailing list ALAC@atlarge-lists.icann.org http://atlarge-lists.icann.org/mailman/listinfo/alac_atlarge-lists.icann.org
At-Large Official Site: http://www.alac.icann.org ALAC Independent: http://www.icannalac.org
Regards, Spokesman for INEGroup LLA. - (Over 277k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1@ix.netcom.com My Phone: 214-244-4827
participants (3)
-
Bret Fausett -
Jeffrey A. Williams -
Robert Guerra