Internet Legislation: A Lack of Creativity

Internet Legislation: A Lack of Creativity

Internet Legislation: A Lack of Creativity

By : Tadween Editors

[The following article was originally published on Tadween Publishing`s blog. For more information on the publishing world as it relates to pedagogy and knowledge production, follow Tadween Publishing on Facebook and Twitter.]

The memorial for Aaron Swartz in Washington, DC, this week refueled the conversation about Internet legislation. Many are wondering if Swartz’s disproportionate prosecution and his subsequent suicide was a case of an overzealous prosecutor or the result of an out-of-date law that needs to be reformed. The answer is probably both, and it is difficult to separate the two. Activists and lawmakers alike have already turned their attention to reforming the legal framework that enabled federal prosecutors to go after Swartz.

In a sphere that fosters the free flow of information and where progress is rapid and innovative, regulation through legal recourse has been outdated and severe. This calls into question the government’s legitimacy and capacity to create fair and just legal Internet policy. Generally there is theoretical agreement about protecting intellectual property. But the method is under dispute. Aaron Swartz’s death calls into question the potential that has been lost with him and what that means for future innovators. The laws not only attempted to place parameters around his capacity for creation and cyber freedoms ambitions, but then proceeded to punish him severely for them.

The law that was used to prosecute Swartz, the Computer Fraud and Abuse Act (CFAA), predates the World Wide Web. When JSTOR did not press charges against Swartz for downloading millions of academic articles from the database, federal investigators went ahead with prosecuting him because the CFAA allowed it.  

Now lawmakers in Washington are trying to reform Internet legislation with Aaron’s Law. Aaron’s Law would supplement the CFAA’s provisions. Its language was amended through a type of crowdsourcing when Representative Zoe Lofgren (D-CA) put the text of the bill up for a discussion on Reddit. The original text of the bill as she proposed it would have still allowed Swartz’s prosecution under CFAA; the version that was produced after the Reddit discussion would not. This is one example of the type of creativity that lawmakers need to adapt in order to navigate their way around information technology.

In an LA Times article Michael Hiltzek laments that Congress “couldn`t be bothered to educate itself about the real world of computers and networks before legislating about it.” A related example to consider is last year’s SOPA/PIPA legislation, thwarted by a massive public outcry and blackout campaign over the World Wide Web (spearheaded by Aaron Swartz, among others).

The law would have allowed government to censor websites deemed to be engaging in acts of online piracy. And with a vague definition of piracy, much of the interpretation would be left to the perception of a prosecutor. This would limit technological innovations that enable a free flow of information. Proposed legislation like SOPA/PIPA indicated that lawmakers are not equipped to make legislation around such a dynamic and ever-expanding market.

Internet technology is quickly advancing in ways that we cannot yet predict. Attempting to protect media structures that precede the age of Internet technology, government officials devise legal measures that lack creativity and fail to take reality into consideration.

“Tragedy has become a catalyst for reform,” writes Brian Resnick. Yet it remains unclear how the Swartz tragedy will change legal recourse around Internet regulation. Over the next few weeks Tadween will continue to follow as lawmakers debate legislation on the hill.

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American Elections Watch 1: Rick Santorum and The Dangers of Theocracy

One day after returning to the United States after a trip to Lebanon, I watched the latest Republican Presidential Primary Debate. Unsurprisingly, Iran loomed large in questions related to foreign policy. One by one (with the exception of Ron Paul) the candidates repeated President Obama`s demand that Iran not block access to the Strait of Hormuz and allow the shipping of oil across this strategic waterway. Watching them, I was reminded of Israel`s demand that Lebanon not exploit its own water resources in 2001-2002. Israel`s position was basically that Lebanon`s sovereign decisions over the management of Lebanese water resources was a cause for war. In an area where water is increasingly the most valuable resource, Israel could not risk the possibility that its water rich neighbor might disrupt Israel`s ability to access Lebanese water resources through acts of occupation, underground piping, or unmitigated (because the Lebanese government has been negligent in exploiting its own water resources) river flow. In 2012, the United States has adopted a similar attitude towards Iran, even though the legal question of sovereignty over the Strait of Hormuz is much more complicated and involves international maritime law in addition to Omani and Iranian claims of sovereignty. But still, US posturing towards Iran is reminiscent of Israeli posturing towards Lebanon. It goes something like this: while the US retains the right to impose sanctions on Iran and continuously threaten war over its alleged pursuit of a nuclear weapon, Iran should not dare to assume that it can demand the removal of US warships from its shores and, more importantly, should not dream of retaliating in any way to punitive sanctions imposed on it. One can almost hear Team America`s animated crew breaking into song . . . “America . . . Fuck Yeah!”

During the debate in New Hampshire, Rick Santorum offered a concise answer as to why a nuclear Iran would not be tolerated and why the United States-the only state in the world that has actually used nuclear weapons, as it did when it dropped them on the cities of Hiroshima and Nagasaki- should go to war over this issue. Comparing Iran to other nuclear countries that the United States has learned to “tolerate” and “live with” such as Pakistan and North Korea, Santorum offered this succinct nugget of wisdom: Iran is a theocracy. Coming from a man who has stated that Intelligent Design should be taught in schools, that President Obama is a secular fanatic, that the United States is witnessing a war on religion, and that God designed men and women in order to reproduce and thus marriage should be only procreative (and thus heterosexual and “fertile”), Santorum`s conflation of “theocracy” with “irrationality” seemed odd. But of course, that is not what he was saying. When Santorum said that Iran was a theocracy what he meant is that Iran is an Islamic theocracy, and thus its leaders are irrational, violent, and apparently (In Santorum`s eyes) martyrdom junkies. Because Iran is an Islamic theocracy, it cannot be “trusted” by the United States to have nuclear weapons. Apparently, settler colonial states such as Israel (whose claim to “liberal “secularism” is tenuous at best), totalitarian states such as North Korea, or unstable states such as Pakistan (which the United States regularly bombs via drones and that is currently falling apart because, as Santorum stated, it does not know how to behave without a “strong” America) do not cause the same radioactive anxiety. In Santorum`s opinion, a nuclear Iran would not view the cold war logic of Mutually Assured Destruction (MAD) as a deterrent. Instead, the nation of Iran would rush to die under American or Israeli nuclear bombs because martyrdom is a religious (not national, Santorum was quick to state, perhaps realizing that martyrdom for nation is an ideal woven into the tapestry of American ideology) imperative. Santorum`s views on Iran can be seen one hour and two minutes into the debate.

When it comes to Islam, religion is scary, violent and irrational, says the American Presidential candidate who is largely running on his “faith based” convictions. This contradiction is not surprising, given that in the United States fundamentalist Christians regularly and without irony cite the danger that American muslims pose-fifth column style- to American secularism. After all, recently Christian fundamentalist groups succeeded in pressuring advertisers to abandon a reality show that (tediously) chronicled the lives of “American Muslims” living in Detroit. The great sin committed by these American Muslims was that they were too damn normal. Instead of plotting to inject sharia law into the United States Constitution, they were busy shopping at mid-western malls. Instead of marrying four women at a time and vacationing at Al-Qaeda training camps in (nuclear, but not troublingly so) Pakistan, these “American Muslims” were eating (halal) hotdogs and worrying about the mortgages on their homes and the rising costs of college tuition. Fundamentalist Christians watched this boring consumer driven normalcy with horror and deduced that it must be a plot to make Islam appear compatible with American secularism. The real aim of the show, these Christian fundamentalists (who Rick Santorum banks on for political and financial support) reasoned, was to make Islam appear “normal” and a viable religious option for American citizens. Thus the reality show “All American Muslim” was revealed to be a sinister attempt at Islamic proselytizing. This in a country where Christian proselytizing is almost unavoidable. From television to subways to doorbell rings to presidential debates to busses to street corners and dinner tables-there is always someone in America who wants to share the “good news” with a stranger. Faced with such a blatant, and common, double standard, we should continue to ask “If Muslim proselytizers threaten our secular paradise, why do Christian proselytizers not threaten our secular paradise?”

As the United States Presidential Elections kick into gear, we can expect the Middle East to take pride of place in questions pertaining to foreign policy. Already, Newt Gingrich who, if you forgot, has a PhD in history, has decided for all of us, once and for all, that the Palestinians alone in this world of nations are an invented people. Palestinians are not only a fraudulent people, Gingrich has taught us, they are terrorists as well. Candidates stumble over each other in a race to come up with more creative ways to pledge America`s undying support for Israel. Iran is the big baddie with much too much facial hair and weird hats. America is held hostage to Muslim and Arab oil, and must become “energy efficient” in order to free itself from the unsavory political relationships that come with such dependancy. Candidates will continue to argue over whether or not President Obama should have or should not have withdrawn US troops from Iraq, but no one will bring up the reality that the US occupation of Iraq is anything but over. But despite the interest that the Middle East will invite in the coming election cycle, there are a few questions that we can confidently assume will not be asked or addressed. Here are a few predictions. We welcome additional questions from readers.

Question: What is the difference between Christian Fundamentalism and Muslim Fundamentalism? Which is the greater “threat” to American secularism, and why?

Question: The United States` strongest Arab ally is Saudi Arabia, an Islamic theocracy and authoritarian monarchy which (falsely) cites Islamic law to prohibit women from driving cars, voting, but has recently (yay!) allowed women to sell underwear to other women. In addition, Saudi Arabia has been fanning the flames of sectarianism across the region, is the main center of financial and moral support for Al-Qaeda and is studying ways to “obtain” (the Saudi way, just buy it) a nuclear weapon-all as part and parcel of a not so cold war with Iran. Given these facts, how do you respond to critics that doubt the United States` stated goals of promoting democracy, human rights, women`s rights, and “moderate” (whatever that is) Islam?

Question: Israel has nuclear weapons and has threatened to use them in the past. True or false?

Question: How are Rick Santorum`s views on homosexuality (or the Christian right`s views more generally) different than President Mahmoud Ahmadinejad`s or King Abdullah`s? Can you help us tease out the differences when all three have said that as long as homosexuals do not engage in homosexual sex, it`s all good?

Question: Is the special relationship between the United States and Israel more special because they are both settler colonies, or is something else going on?