pensées aléatoires

Monday 2 March 2009

Censorship on the internet

Filed under: politics — skolem @ 2:27 pm
Tags: , , ,

We all know about this, or at least most of the netizens, the censorship of the internet is big on the agenda of european governements. Be it the french idea of whitelists for free wifi acces[fr] by Christine Albanel or the germans various attempts at filtering internet traffic[de] pushed by Von der Leyen…

Those attemps have been well discussed, on other blogs[de] as well as by scientist. It’s very well known (by the politics as well[de]) that it won’t help the acknowledged goal of fighting child pornography. Not only are these not effective, but they have a high social cost, directly threatening freedom of speech and privacy rights as “collateral damage”.

If they didn’t know how to make us aware of that, they just managed to do it today:

There are various countries who are testing out such filtering software, one of them being Denmark. Obviously for the list of address to be effective, it has to be hidden. Something that doesn’t add to the transparency of the project. Such a listed leaked earlier in Sweden, with less that 1% of the sites having illegal content[en]. I can’t find the link again, but here is an amusing example of what is being filtered[en].

But the story that made me write this blog post is a different entirely. What Germany is now trying to censor is the actual reporting about those problems. I got the story from the law blog,[de] via twitter. I think the study of leaked filtering lists are very important, since they all tend to show how poor the selection is, making the argument for politics even more difficult. Well now one person linking to the list on wikileaks[de] has been searched by the german authorities and his material seized[de].

EDIT: i understood the story badly, it’s not for linking the list, it’s for linking a blog that links the list! Completement UBUÈSQUE!!

I can only cite the original blog post:

Bitte sehr: Gegen Sie zu http://wikileaks.org/wiki/Denmark:_3863_sites_on_censorship_list,_Feb_2008 , und klicken Sie mal 30 bis 40 Links aus der Liste an. Sie müssen ja nichts kaufen.

Wie bitte, Sie trauen sich nicht? Sie haben Angst, sich strafbar zu machen? Haben sie denn das Grundgesetz nicht gelesen? Artikel 5 “Jeder hat das Recht, seine Meinung in Wort, Schrift und Bild frei zu äußern und zu verbreiten und sich aus allgemein zugänglichen Quellen ungehindert zu unterrichten.

In this sense: La liberté d’expression ne s’use que si on ne s’en sert pas

Today once again, i am an angry citizen. I’m wondering when the politics who gouvern me will cease to fail me…

Monday 5 January 2009

Back in germany

Filed under: news,Voyage — skolem @ 10:09 am
Tags: , , ,

So I’m in the thalys. Going back to Münster for a few Days. I spend all my holidays in Paris, mostly with my parents and my sister.

Seeing for a long time gave us the opportunity to talk a bit about politics which was really interresting. I met my cousin Jeanne yesterday and had a great discussion with her too. She is working a lot for a burkenese(is that right?) association, and it was really great to get more of the African perspective. Everytime I talk to her I realize I should spend some time there. It is also funny to see how her studies -philosophy, anthropology and sociology- shapes the way she talks but also how she considers things.

Discussing with all of them, as well as recent books I started to read and the events that are taking places since September have made me realize, in a much stronger and clearer way then ever before that the actual avatar of capitalism, the so called “financial capitalism” is really our main enemy in tge pursuit of better life and just society. Somehow we need to get rid of it if we want the situation to get any better, be it in africa, china or at home in France or Germany.

I will close with a citation by Rawls which I find a very interresting thought:

If the responsability of keeping care of an object is not given to an agent, the object tend to deteriorate.

The citation is approximate. It is introduced as moral justification of property. Somehow it would be interesting to see what would happen if stock holder (and CEO’s to a lesser extend) were accountable to society (or/and there employee’s) for the well being of the company they possess (or are in charge of). That would be the price to pay to take profits out of it.

Sunday 30 November 2008

Copyright and the state

Copyright?

Originally uploaded by stephen_downes

Ok here i go with the second post on copyright…

I want to talk about copyrighted material created by stated funded or state owned institutions.
The first occurrence of that happened to me last April, i wanted to visit the computer science class on databases. Now i was pretty busy, so i couldn’t really attend to the lecture more than once or twice… “Not a problem!” i thought, usually people leave extensive material on the internet, especially in cs classes. well that was kind of true, but to access it you needed to be a student of the university (i wasn’t at that time) and go through a fairly complicated registration process using the “Matrikelnummer” and other official data… That was the end of my effort to learn more about databases, at least in Münster.

Why am I saying this, well in a sense this effort to “hide” knowledge, to block access from the public, is basically what every university do when they publish copyrighted material. Why are expensive state funded research published on elsevier? It is so expensive that we couldn’t afford to have it at our institute… (it’s not that relevant for us either, explaining why we prefer not spending the money on them). That might be ok for private university, but for state funded research, the product belongs to the citizen and should be made accessible. I fail to see why university, whose purpose is to preserve, spread and create knowledge should make the teaching content it creates inaccessible to the people they serve (they are civil servants after all). The refreshing and novel approach of (private university Stanford) that gives their classes out for free on itunes and youtube, they aren’t the only one. For more university sharing content for free over the internet see open culture. On the subject of scientific publication i’d like to point to this great article by ars technica, who depicts the current struggle and surprises of the american congress while they where trying to open up acces to state funded medical research.

But that’s not the end, another hilarious story (via crunchgear) was about a student getting sued in germany for creating an iPhone app that was able to provided train schedules for public transport in Berlin, because there is a freaking copyright on the train schedule ! How dumb is that? Who does the train schedule belong to? I would probably in my lack of legal n´knowledge say to no one, or if anyone then the citizen of Berlin… Here you see the devastating effect of copyright on creativity…

I’d like to point out the last 2 posts i want to make on the subject (yeah it’s also for me to not forgett…):

  • “The copyright war” – on the disproportionity of the “two” adversary be it in courts or in lobying work.
  • Copyright in Europe, a menace for democracy? this is what motivated me in the first place to talk about copyright, i’d like to question if what we see at work in the law making process on the subject of copyright point out potential risk for democratie at european level.

Wednesday 26 November 2008

Intellectual property

Filed under: politics — skolem @ 5:59 am
Tags: , , , ,

it’s 4:46 in the morning and i can’t sleep… So i decided i could as well write a post i was postponing since at least mid October…

fuzzy copyright

Originally uploaded by PugnoM

The ones of you with which i regularly discuss politics – sometimes i feel there aren’t enough of those – knows that it’s a theme that interest me for a long time. Usually when i talk about it everybody suppose i want to talk about p2p, music and related problem. Actually i believe more and more that this is only a tiny little problem in a much bigger picture.

Traditionally intellectual property only applies to so called non-rival goods that is, goods that can be used/enjoyed by multiple people simultaneously. Intellectual property is then divided in different sections that don’t have much in common:

  • copyright, which affects intellectual work such as books, movies, music, pictures, art in general, but also software;
  • patent, which covers machine, goods ( composition of matter, article of manufacture), production processes;
  • trademark: logos, names;
  • industrial design and
  • trade secret.

Buy Some Intellectual Property

Originally uploaded by Majiscup – Drink for Design

I want to talk mostly about the two first. While not entirely similar there is an important difference that is easily noticeable: in the U.S. and Europe, the duration of a patent is typically of 10 to 20 years. As for copyright, in th U.S. it’s 70 years after the death of the author or if the work was a work for hire 120 year after creation or 95 years after publication, whichever is shorter, according to wikipedia. In Europe it is uniformely 70 years after death of the author, also according to wikipedia. Related to all of this is the Berne Convention for the Protection of Literary and Artistic Works which sets the minimal duration of copyright to be 50 years after the death of the author. Nobody can fail to see the humongus gap between the duration of copyright and patents…

I have no strong opinion with respect to patent, but for one thing: looking at this article from Techcrunch, where a company’s business model is to get money for not suing other companies for patent infrigement, seems totally wrong. And yes it looks llike it’s not only legal but also profitable… There seem to be a huge business around paterns that neither promote creativity nor is usefull to the general public in any way shape or form. It would be interesting to find ways to cut this business down as it costs real companies a lot, a price that is in the end taken care of by the customers.

As i am trying to shorten my posts, i will talk about copyright in a second voley of this (maybe longer) serie.

Wednesday 12 November 2008

Ideas for a political blog

Filed under: politics — skolem @ 12:10 am
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Parlement Europeen (Strasbourg)

Originally uploaded by PizzaDeBarr

I’m more and more concerned about the evolution of our democracy. It’s not like I believe there will be something awful that will happen anytime soon. It’s just that I am wondering how I, or any other citizen here, could use new media and possibilities to somehow make it better, one small step at a time.

thanks to 96dpi i stumbled upon this site and i was wondering if one could not push the idea further:

Create a blog (possibly with multiple authors).

For every measure that is taken either in your national parliament, or in the European parliament, that you feel you have a strong opinion on, write the delegate that is representing you an open letter that you post on that blog. In that open letter, explain the problem, if he took a stance on the problem (that is the one you also have) remind him of it. Ask him to vote in your sense for that motion/law/decision or to motivate why he will not. Ask him if you can publish that motivation, if he agrees publish it.

Then make a blog post about how the decision passed, and if the information is available, how your delegates did vote.

At the next election where he is presenting himself again, draw a balance of how much he respected his election promises. Ask him and any other candidate to take a clear stance on the matters.

The idea is to make elected persons more accountable for the decision they are taking. Do you think it would help? If yes anybody who would like to join me on such a project?

Wednesday 17 September 2008

What to ask from a state

Filed under: personnel — skolem @ 11:45 pm
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Due to my previous rant I was thinking recently about democracy, human right and which stance on those subject I require or would like the state I live in to have.

Let me begin with the only principle, that I believe not only every state should follow, but also should enforce, even abroad: The peoples right to self-determination (that being said, it is already clear what I think of tentative to enforce anything else abroad…) Now the real question is clearly how to define “people”, and how to define “self-determination”, for now the best is probably to look at it on a case by case basis, even though most of the crisis if the past 30 years already gave us valuable insights. Anyway this theory is still in maturation and we can’t hope for a solution everybody will agree upon in the next 50 years. I would like to emphasize, that even if this post talks about theoritical concepts, I look at them from a realistical and concret viewpoint. I’m not interested in an ideal world, I want to talk about our world and about the difference between these concepts and there actual implementation.

To make things a little bit clearer, I’d like to distinguish in the following to different kind of position on a certain subject. When I say someone is a democrat, I mean someone who advocate/fight for/defends democracy within his own state. Someone who tries to expand democracy abroad will be called a proselyte democrat. Same for human right activist, privacy defender and so on.

I’d like to split the following into 2 parts. The first I will list things I believe are required for a modern state in order to be sustainable (that is without constant martial law and oppression), then I will list things I believe a state need to have in order for me to feel comfortable in it, last but not least I will argue why my needs doesn’t need to be universal.

One thing I strongly believe each state needs to be some kind of “state of law” or “rechtstaat”. What do I mean by “some kind”, well it doesn’t need to fullfil all criteria. But on a everyday life level, citizen should be aware of how he should behave to not fall outside of the law and feel safe protected from individuals as well as from the representants of the state through the enforcement of law.

Closely tied to this would be the separation of power, it’s probably needed as well in order to make the previous viable. Maybe not completely but at least on an administrative level and in the day to day handling of things. That is the guy who decide a law, the one who enforce it and the guy who decided who breached which law should be clearly different as moral personns as well as as physical entities.

Obviously a state should respect his agreement with other states, else it will be unable to play within the concert of nation.

I would like to say that each state needs to be corruption free, sadly I was proved wrong way to often.

One common misconception most people in Europe and in the U.S. have is that they suppose that everybody they talk to is a universal democrat, unless he is a dictator. By universal democrat, I mean someone who thinks democracy, in it’s representative/parlamentary form is the best form of governement for every state everywhere and at any time. I don’t think so, I’m groing more and more sceptical of it, especially in it’s representative form. That said there was no other form of governement I heard of so far that sounded better… I just would like to hear more discussions on alternate governements, because I’m sure we hasn’t reach the cream of the crop. Add to that I’m, as Philipp pointed out, communautarist, though only in it’s philosophical form, which is really completely different from the political movement as pointed out in the English wiki (the german botched there pretty badly). To say it in a few word: I don’t believe that you can press a democratic layer on a state that doesn’t have the cultural background for it. I firmly believe that there must be a social understanding of the institution and of the process itself in order for it to even have a chance to work. But I realize that a post on democracy might be worth in itself since there is so much to say. For example as to why I belive more and more that we are less and less in a democracy.

Another concept almost fanaticaly defended on Europe and the U.S. Are human right. As much as I do appreciated the work of say human right watch, as an institution who tries to list various failure to uphold human rights from countries all across the globe. As an institution that condemn those failure not so much. If a countries abides by those laws, through it’s constitution or through international treaties, I understand, else it’s their very own problem what they do or don’t inside their own country. I feel that the concept of universal human rights is deeply rooted inside the age of reason, the age of enlightment. As a french it is visceraly linked to the revolution. I’m a supporter of it, not only for rational reasons, but because it is deeply linked to how I concieve myself as part of the French society and nation. It is something I feel *we* have fought for against our oppressor. It is underlying in all my action with fellow humans, in a way that it is, most of the time, not discernable. When someone grossly tresspass those rights. I’m chocked because it is just wrong, not for any rational reason. The proper argument will eventualy come, but much later. Our problem is that being completely Eurocentric or U.S.-centric we believe everybody else to have those same feeling, since they are “universal”. But they are not, actualy I believe these concept are uninteligible for most people on this planet. Partly because they can’t understand the concept of an “individual” with a “free will” (this concept pretty much allowed the development that leaded to universal human rights. As much as a lot of people don’t believe in the human being a bunch of molecule in a mostly empty universe. Know if you can’t understand it, how could you enforce it? And much less “live” it.

Now this is not set in stone and one could dream of a future where all human rights are enforced everywhere in the world, not by brutal force and diplomatic pressure but because everyone has the same visceral understanding of it… Now this sound may be a better world to live in, at least from my point of view. On the other side maybe my cultural driven blindness makes me miss some important point and a lot of the “presuppose” you need to formulate these human rights aren’t that good at all. I believe we have seen some backfiring.

Yet another position I am really unsure about is free speech. An entirely new post would be needed to analyse how free speech and “publishing” or reaching power relates to each other. Free speech is pretty much useless if you only can preach in the desert. In a parlamentary democracy free speech is essential, since it is important that everybody believed that there was a “discussion” prior to any decision and that if someone doesn’t like the decision he could have said it loudly and raised the points of concerns. Eventually the decision was “made” by all and everybody has to back it much more so then during say avrrferendum where one could say he has voted against. That some might not be loud enough for everybody to hear is a point never raised.

More then all things above, I feel free speech being a concern for rich countries, for the debate to start you need some intelectual, artists or political opponents that in turn are fully funded, to be brief you need a large societal infrastructure, you need a working press newspaper stands, radio and antennas, tv channels or some other platform for the people speeking to reach the mass. Onecould argue that a lot of countries over the world don’t need to bother. Trying to enforce it from. Abroad is just blind fanatism. I further believe that controlling/suppressing free speech is also a powerfull tool for countries who want to limit the medling other countries or lobbies would like to have. “Free speakers” nowadays often come backed by foreign interest groups with strong financial power.

To resume that all, I strongly believe that some form of “state of law” is needed for a state in order to be sustainable on the long run. As for “human rights” and “free speech”, I think they mostly make sense in the western world, I am not so sure if they are easily exportable, even though globalization makes it easier year for year since more and more people grow aware of it and become more and more “western”. On the other side it is to be checked if they haven’t become some symbols empty of meaning in Europe, where while they gave been uphold pro forma I don’t think they hold in their spirit. Last but not least there is the question of democracy. One tendency I am worried about is that more and more important decision are made in technical international conferences that are badly reported to the public, I feel that a lot of the decision making process is more and more obfuscated from the eyes of the citizen. While we are all representative democracies, I feel that it has become a masquerade, and that we have lost sight of the democratic process in favor of the play of election and voting ballots. On the other side I miss some interesting discussion about how revive the political process, either by experiment like the town of Porto alegre where citizen have a much larger power over the political process, or by delegating some power to some expert in a clear and open way, so that everybody can understand how the decisionmaking is done.

So I already have written a lot, too
much to my taste and probably nobody will bother reading it. Anyway if anybody has good recommandation about serious lecture on alternative political processes, I’d be thankfull 🙂

Monday 1 September 2008

民以国为大 a rant…

Filed under: politics,漢語 — skolem @ 9:40 pm
Tags: , , ,

The East is Red

Originally uploaded by Life in Asia (aka Life in Nanning)

Seeing that i was blogging chinese citations, my father asked me to blog the sentence of the title. Knowing that he had to find it somewhere on the internet (i doubt he is able to type chinese characters). After googling it, i became upset…

Instead of talking about the sentence, i rather talk about why i’m upset…

Briefly put, the sentence says: the people are more important than (pass before?) the people. 沒意思? I love english! Better would be: individuals are less important then the country. Obviously a blasphemy we righteous europeans/americans/westerners? would tremble upon hearing… And thus once again a cheepo critic on china was launched, and it was easy to agree…

Especially during the olympic times it became some (not yet olympic) sport to be aware of all gruesome chinese mischiefs. Now don’t get me wrong, I am aware that there are things that are just wrong in China. It’s just that in order to be believable one has to argue about facts, not just wave some random prefabricated slogan under my nose like a red cloth.

Like so often, one faction has become so idiotically sure it has the right (the truth, the morals whatever) with them that they don’t care anymore about arguing, since their position alone, let them win any argument by default. And me as a sceptic, and a moderate (on this issue) can only shrug and be put off by their arrogance, as much as i would like to agree with them.

So what, the individual may not have that much of an importance in china, is it truly better here? Is the patriot act the paradigm of a civilization that really put the individuals at it’s center? Germany and France aren’t better, there are enough example there too, starting by wiretapping, where individual rights have been flouted.

The only good thing about all this is that it made me think again about what i really think is important in a state. More on that in the next post.

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