Under pressure!
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*** Online Harrassment, harmful communications and related offences
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*** Online Harrassment, harmful communications and related offences
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*Possible issues for address*
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*Possible issues for address*
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**** Definition of communication in legislation
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**** Definition of communication in legislation
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1. There are currently significant gaps in legislation with
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1. There are currently significant gaps in legislation with
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regard to harassment and newer, more modern forms of
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regard to harassment and newer, more modern forms of
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communication. Is there a need to expand the definition of
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communication. Is there a need to expand the definition of
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‘communications’ to include online and digital communications
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‘communications’ to include online and digital communications
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tools such as WhatsApp, Facebook, Snapchat, etc. when
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tools such as WhatsApp, Facebook, Snapchat, etc. when
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addressing crimes of bullying or harassment?
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addressing crimes of bullying or harassment?
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- Éibhear comment :: (/Address in introduction/) It is
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- Éibhear comment :: (/Address in introduction/) It is
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necessary not to assume that the current services that
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necessary not to assume that the current services that
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@ -357,83 +357,76 @@
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(early 2018) and relevant. However it's not alone, and as we look at
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(early 2018) and relevant. However it's not alone, and as we look at
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pending legislation coming to us both domestically and from the EU,
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pending legislation coming to us both domestically and from the EU,
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it's hard not to see the same failures repeating:
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it's hard not to see the same failures repeating:
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- Pat Rabbitte's and
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- Pat Rabbitte's and Lorraine Higgins' bills, since withdrawn
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- The EU Terrorism Content Directive...
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- The EU Terrorism Content Directive...
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- The new Copyright Directive...
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- The new Copyright Directive...
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-
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-
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** CONSTODO The nature of the internet from the perspective of the technology
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* CONSTODO Self-hosting
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** CONSTODO Self-hosting
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For the purposes of this submission, /self-hosting/ is where an
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individual or small group has opted to provide their own internet
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services, making use either of computer capacity provided by an ISP
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(for example, Blacknight.com, Amazon AWS) or by maintaining the
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computer technology themselves.
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The services that the self-hoster exposes, then, are either
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developed specifically by the self-hoster or runs software that has
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been installed by the self-hoster.
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The self-hoster also takes responsibility for the quality of the
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service that they provide, including ensuring that it is kept
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running and updates are applied appropriately, and so on.
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This submission is primarilty concerned about self-hosting as a
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hobby and self-hosting engaged in by charity, non-governmental or
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community organisations. However, self-hosting for commercial
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purposes is a valid use-case, but implications of regulations on
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self-hosting has more a direct implication on the former use-cases,
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as the effect of poor regulation on vulnerable people would be more
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direct, immediate and serious.
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*** Why self-host?
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There is a myriad of reasons for choosing to host one's own
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service. Some examples might be:
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** CONSTODO How accessible is self-hosting.
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*** CONSTODO Technical protocols
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*** CONSTODO Technical protocols
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Formally, "the Internet" is a mechanism for identifying computers
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In a previous, similar, submission[fn:dccae:Available [[http://www.gibiris.org/eo-blog/posts/2019/04/15_harmful-content-consultation.html][here]] and
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on a network, and for ensuring that messages from one computer on
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[[https://www.dccae.gov.ie/en-ie/communications/consultations/Documents/86/submissions/Eibhear_O_HAnluain.pdf][here]].], I provide an outline of the challenges before someone who
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the network get to another computer. For this purpose, each
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wants to set up their own services. There are few, and they are
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computer is assigned an address (e.g. 78.153.214.9). This system
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small. In summary, the reasons for this are:
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is called The Internet Protocol[fn:IP:[[https://tools.ietf.org/html/rfc791][As defined in RFC 791:
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- The Internet is mechanism for computers to find each other and
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https://tools.ietf.org/html/rfc791]]].
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then to share information with each other. The mechanism is
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defined in a set of publicly-available documents describing the
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relevant protocols.
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- Due to the maturity and age of these protocols, software needed
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to use them is now abundant and trivially easy to get and
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install and run on a computer. Such software is also very easy
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to develop for moderately-skilled software engineers.
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- Neither the protocols that define, nor the software that
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implement the internet regard any computer to be superior or
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inferior to any other computer. For this reason, there is no
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cost or capacity barrier for someone to cross in order to run an
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internet service: if you have the software, and the internet
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connection, then you can expose such a service.
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These dotted-notation addresses are associated with more
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Clear examples from the past of how the accessibility of the
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easy-to-remember name-based addresses by means of a system called
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internet technologies has benefited the world include the following:
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the "Domain Name System"[fn:DNS:As defined by [[https://tools.ietf.org/html/rfc1034][RFC 1034
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- The /Linux/ operating system kernel began life in 1991 as a
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(https://tools.ietf.org/html/rfc1034)]] and [[https://tools.ietf.org/html/rfc1035][RFC 1035
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college project -- Linus Torvalds wanted to write a computer
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(https://tools.ietf.org/html/rfc1035)]].].
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operating system that was accessible to all. Linux-based
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operating systems now form the basis of a significant proportion
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There are a number of protocols[fn:protocols:For the purposes of
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of internet connected computing devices
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this document, a protocol is a set of instructions detailing how
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two or more computers should express queries and responses to each
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other] for transmitting messages over the Internet, with two of
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the more common being
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"TCP"[fn:TCP:https://tools.ietf.org/html/rfc1035] and
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"UDP"[fn:UDP:https://en.wikipedia.org/wiki/User_Datagram_Protocol].
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The software required to implement these communications protocols
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is installed onto all forms of internet-connected devices, ranging
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from objects as small as (or smaller than) heart pacemakers, to as
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large as the largest super-computers.
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This software is not aware of the size or capacity of the device
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it's installed on. Similarly, the protocols mentioned above have
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no regard to the purpose its host computer has, nor to who owns
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it, nor to how large it is.
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The "World Wide Web" (the Web), from a technological perspective,
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is /not/ the Internet. The Web is a set of defined protocols that
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make use of the Internet. Unlike the Internet and transmission
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protocols -- which are designed to require each computer to regard
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all others are peers -- the Web operates a little more on a
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client-server basis: the software package, often referred to as a
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web browser, on one computer is used to request specific
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information from the software package, often referred to as the
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web server, on the other computer.
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However, despite the "client-server" nature of the Web, due to the
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simplicity of the software needed for a computer to be a web
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server, you can find web serving software operating on extremely
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small "IoT" devices.
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*** CONSTODO Low barrier of entry for useful technology
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The above demonstrates that someone with a computer, a connection
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to the internet and sufficient time and determination can set up a
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web service that will function just like the services we're all
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familiar with.
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This is exemplified by the development of certain internet-related
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technology in recent decades:
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- The /Linux/ operating system kernel is named after its inventor,
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Linus Torvalds, who started work on it in 1991 as a college
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project -- he wanted to write a computer operating system that
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was accessible to all, and which functioned in a specific
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way. The Linux operating system now forms the basis of a
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significant proportion of internet connected computing devices
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globally[fn:LinuxProportions:https://en.wikipedia.org/wiki/Usage_share_of_operating_systems]
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globally[fn:LinuxProportions:https://en.wikipedia.org/wiki/Usage_share_of_operating_systems]
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(including 73% of smartphones and tablet computers, through
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(including 73% of smartphones and tablet computers, somewhere
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Google's Android, and somewhere between 36% and 66% of
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between 36% and 66% of internet-facing server computers), and
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internet-facing server computers), and 100% of supercomputers.
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100% of supercomputers.
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- The /Apache/ web server started development when a group of 8
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- The /Apache/ web server started development when a group of 8
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software developers decided they wanted to add functionality to
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software developers wanted to add functionality to one of the
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one of the original web server software packages, /NCSA
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original web server software packages, /NCSA httpd/. The Apache
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httpd/. The Apache web server now powers 43.6% of all web
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web server now powers 43.6% of all web
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sites[fn:apacheProportions:[[https://w3techs.com/technologies/overview/web_server/all][https://w3techs.com/technologies/overview/web_server/all]]. Incidentally,
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sites[fn:apacheProportions:[[https://w3techs.com/technologies/overview/web_server/all][https://w3techs.com/technologies/overview/web_server/all]]. Incidentally,
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the no. 2 on that web page, with nearly 42% share of websites is
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the no. 2 on that web page, with nearly 42% share of websites is
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/nginx/. It also started out as a project by an individual who
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/nginx/. It also started out as a project by an individual who
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since the late '90s, resulting in far richer and more secure
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since the late '90s, resulting in far richer and more secure
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web.
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web.
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** CONSTODO Self-hosting
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When we look at the main services that society is currently
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struggling with, we need to consider the following historical
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facts:
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- Facebook started out as a crude service, developed in Mark
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Zuckerberg's room in Harvard University, to allow users (men, of
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course) to rate the women in the university in terms of
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"hotness".
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- Google started out as a search engine called
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"Backrub". Development initially took place in a garage.
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- eBay was originally an auction service tagged onto the personal
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website of its founder, Pierre Omidyar.
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- LinkedIn was initially developed in Reid Hoffman's apartment
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in 2003.
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- Shutterstock, a leading provider of stock images, was founded by
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a photographer, John Oringer, who developed the service as a
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means to make available 30,000 of his own photographs.
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The ease with which internet technology can be accessed has given
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rise to the explosion of services that connect people, and people
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with businesses.
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It is critical to note that many of these technologies and
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services started out with an individual or small group developing
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an idea and showing it can work *prior* to receiving the large
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capital investments that result in their current dominance.
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*** CONSTODO The nature of self-hosting
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*** CONSTODO The nature of self-hosting
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Both the /Linux/ operating system kernel and the /Firefox/ web
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All of the above technologies and services can be considered truly
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browser can be considered truly disruptive technologies. In both
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disruptive. In their respective domains, their arrivals resulted in
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of their domains, their arrival resulted in a dramatic
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a dramatic improvements in internet technologies and services.
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improvements in internet and other technologies.
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This affect isn't unique to those examples. There are many
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However, There are many alternatives to the systems that we are
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alternatives to the systems that we are familiar with, all
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familiar with, all developed by individuals, or small, enthusiastic
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developed by individuals, or small, enthusiastic teams:
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teams:
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- /Twitter/ isn't the only micro-blogging service: there's also
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- /Twitter/ isn't the only micro-blogging service: there's also
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/GNU Social/, /Mastodon/.
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/GNU Social/, /Pleroma/, /Mastodon/.
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- One alternative to /Facebook/ is /diaspora*/
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- An alternative to /Facebook/ is /diaspora*/
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- /Nextcloud/ and /Owncloud/ are examples of alternatives to
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- /Nextcloud/ and /Owncloud/ are examples of alternatives to
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/Dropbox/.
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/Dropbox/.
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2 of those services, /git.gibiris.org/ and /Social Gibiris/ can
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2 of those services, /git.gibiris.org/ and /Social Gibiris/ can
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process or post user-uploaded information.
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process or post user-uploaded information.
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*** CONSTODO Regulation of self-hosted services
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** CONSTODO Regulation of self-hosted services
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While it is attractive to create regulations to manage the large,
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While it is attractive to create regulations to manage the large,
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profit-making organisations, it is imperative that such
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profit-making organisations, it is imperative that such
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regulations don't harm the desire of those who want to create
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regulations don't harm the desire of those who want to create
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their own services.
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their own services.
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Any regulation that applies liability on the service for someone
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Regulations that apply liability a service-provider for someone
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else's words or behaviour, is a regulation that can be adhered to
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else's behaviour, is a regulation that can be adhered to only by
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only by organisations with large amounts of money to hand. For
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organisations with large amounts of money to hand. For example, if
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example, if the regulation was to apply liability on me for
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the regulation was to apply liability on me for a posting made by
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posting made by someone else (and *somewhere* else -- these are
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someone else (and *somewhere* else -- these are federated services
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federated services) on the 2 implicated services that I run, I
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after all) that appear on one of the services that I run, I would
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would have to shut them down, as I would not be able to put in
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have to shut them down, as I would not be able to put in place the
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place the necessary infrastructure that would mitigate my
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necessary infrastructure that would mitigate my
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liability[fn:copyrightDirective:This assumes that my services
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liability[fn:copyrightDirective:This assumes that my services
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aren't forced to shut down by the new EU Copyright Directive
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aren't forced to shut down by the new EU Copyright Directive
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anyway]. Given that my services are intended to provide a positive
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anyway]. Given that my services are intended to provide a positive
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benefit to me, my family members and my friends, and that I have
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benefit to me, my family members and my friends, and that I have no
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no desire to facilitate harmful behaviour on those services, a law
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desire to facilitate harmful behaviour on these services, a law
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forcing me to shut these services down benefits no one.
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forcing me to shut these services down benefits no one.
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Similarly, a regulation that demands responses from services on
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Similarly, a regulation that demands responses from services on the
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the assumption that the service will be manned at all times,
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assumption that the service will be manned at all times, requires
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requires individuals who are self-hosting their services to be
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individuals who are self-hosting their services to be available at
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available at all times (i.e. to be able to respond regardless of
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all times (i.e. to be able to respond regardless of whether they
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whether they are asleep, or overseas on a family holiday, etc.)
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are asleep, or overseas on a family holiday, too ill to respond,
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etc.)
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This submission comes from this perspective: that small operators
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This submission comes from this perspective: that small operators
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should not be unduly harmed by regulations; the likelihood of this
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should not be unduly harmed by regulations; the likelihood of this
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harm coming to pass is greater when such small operators are not
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harm coming to pass is greater when such small operators are not
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even considered during the development of the regulations. If the
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even considered during the development of the regulations. If
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regulations have the (hopefully unintended) effect of harming such
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regulations have the effect[fn:unintended:unintended, one hopes] of
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small operators, the result will not just be the loss of these
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harming such small operators, the result will not just be the loss
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services, but also the loss of opportunity to make the Web richer
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of these services, but also the loss of opportunity to make the Web
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by means of the imposition of artificial barriers to entry. Such
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richer by means of the imposition of artificial barriers to
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regulations will inhibit the development of ideas that pop into
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entry. Such regulations will inhibit the development of ideas that
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the heads of individuals, who will realise them with nothing more
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pop into the heads of individuals, who will realise them with
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than a computer connected to the internet.
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nothing more than a computer connected to the internet.
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** CONSTODO Abuse
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* CONSTODO Abuse
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All systems that seek to protect people from harmful or other
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All systems that seek to protect people from harmful or other
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objectionable material (e.g. copyright infringement, terrorism
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objectionable material (e.g. copyright infringement, terrorism
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propaganda, etc.) have, to date, been amenable to abuse. For
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propaganda, etc.) have, to date, been amenable to abuse. For
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example, in a recent court filing, Google claimed that 99.97% of
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example, in a recent court filing, Google claimed that 99.97% of
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infringement notices it received in from a single party in January
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infringement notices it received in from a single party in January
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2017 were
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2017 were
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bogus[fn:googleTakedown:https://www.techdirt.com/articles/20170223/06160336772/google-report-9995-percent-dmca-takedown-notices-are-bot-generated-bullshit-buckshot.shtml]:
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bogus[fn:googleTakedown:https://www.techdirt.com/articles/20170223/06160336772/google-report-9995-percent-dmca-takedown-notices-are-bot-generated-bullshit-buckshot.shtml]:
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#+BEGIN_QUOTE
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#+BEGIN_QUOTE
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A significant portion of the recent increases in DMCA submission
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A significant portion of the recent increases in DMCA submission
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volumes for Google Search stem from notices that appear to be
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volumes for Google Search stem from notices that appear to be
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duplicative, unnecessary, or mistaken. As we explained at the San
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duplicative, unnecessary, or mistaken. As we explained at the San
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Francisco Roundtable, a substantial number of takedown requests
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Francisco Roundtable, a substantial number of takedown requests
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submitted to Google are for URLs that have never been in our search
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submitted to Google are for URLs that have never been in our search
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index, and therefore could never have appeared in our search
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index, and therefore could never have appeared in our search
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results. For example, in January 2017, the most prolific submitter
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results. For example, in January 2017, the most prolific submitter
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submitted notices that Google honored for 16,457,433 URLs. But on
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submitted notices that Google honored for 16,457,433 URLs. But on
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further inspection, 16,450,129 (99.97%) of those URLs were not in
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further inspection, 16,450,129 (99.97%) of those URLs were not in
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our search index in the first place. Nor is this problem limited to
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our search index in the first place. Nor is this problem limited to
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one submitter: in total, 99.95% of all URLs processed from our
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one submitter: in total, 99.95% of all URLs processed from our
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Trusted Copyright Removal Program in January 2017 were not in our
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Trusted Copyright Removal Program in January 2017 were not in our
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index.
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index.
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#+END_QUOTE
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#+END_QUOTE
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Aside from the percentage of URLs noted that don't exist in
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Aside from the percentage of URLs noted that don't exist in
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Google's index, that a single entity would submit more than 16
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Google's index, that a single entity would submit more than 16
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million URLs for delisting in a single month is staggering, and
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million URLs for delisting in a single month is staggering, and
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demonstrates a compelling point: there is no downside for a
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demonstrates a compelling point: there is no downside for a
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bad-faith actor seeking to take advantage of a system for
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bad-faith actor seeking to take advantage of a system for
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suppressing information[fn:downside:The law being used in this
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suppressing information[fn:downside:The law being used in this
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specific case is the US Digital Millennium Copyright Act. It
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specific case is the US Digital Millennium Copyright Act. It
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contains a provision that claims of copyright ownership on the part
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contains a provision that claims of copyright ownership on the part
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of the claimant are to be made under penalty of perjury. However,
|
of the claimant are to be made under penalty of perjury. However,
|
||||||
that provision is very weak, and seems not to be a deterrent for a
|
that provision is very weak, and seems not to be a deterrent for a
|
||||||
determined agent:
|
determined agent:
|
||||||
https://torrentfreak.com/warner-bros-our-false-dmca-takedowns-are-not-a-crime-131115].
|
https://torrentfreak.com/warner-bros-our-false-dmca-takedowns-are-not-a-crime-131115].
|
||||||
|
|
||||||
More recently, there is the story of abuse of the GDPR's /Right to
|
More recently, there is the story of abuse of the GDPR's /Right to
|
||||||
be Forgotten/. An individual from Europe made a claim in 2014,
|
be Forgotten/. An individual from Europe made a claim in 2014,
|
||||||
under the original /Right to be Forgotten/, to have stories related
|
under the original /Right to be Forgotten/, to have stories related
|
||||||
to him excluded from Google searches for him. This seemed to have
|
to him excluded from Google searches for him. This seemed to have
|
||||||
been an acceptable usage under those rules. However, that this
|
been an acceptable usage under those rules. However, that this
|
||||||
claim was made and processed seems also to be a matter of public
|
claim was made and processed seems also to be a matter of public
|
||||||
interest, and some stories were written in the online press
|
interest, and some stories were written in the online press
|
||||||
regarding it. Subsequently, the same individual used the /Right to
|
regarding it. Subsequently, the same individual used the /Right to
|
||||||
be Forgotten/ to have *these* stories excluded from Google
|
be Forgotten/ to have *these* stories excluded from Google
|
||||||
searches.
|
searches.
|
||||||
|
|
||||||
This cat-and-mouse game continues to the extent that the individual
|
This cat-and-mouse game continues to the extent that the individual
|
||||||
is (successfully) requiring Google to remove stories *about his
|
is (successfully) requiring Google to remove stories *about his
|
||||||
use* of the GDPR's /Right to be Forgotten/. Even stories that cover
|
use* of the GDPR's /Right to be Forgotten/. Even stories that cover
|
||||||
*only* his /Right to be Forgotten/ claims, making no reference at
|
*only* his /Right to be Forgotten/ claims, making no reference at
|
||||||
all to the original (objected-to)
|
all to the original (objected-to)
|
||||||
story[fn:RTBF:https://www.techdirt.com/articles/20190320/09481541833]. This
|
story[fn:RTBF:https://www.techdirt.com/articles/20190320/09481541833]. This
|
||||||
is clearly an abuse of the law: Google risks serious sanction from
|
is clearly an abuse of the law: Google risks serious sanction from
|
||||||
data protection authorities if it decides to invoke the
|
data protection authorities if it decides to invoke the
|
||||||
"... exercising the right of freedom of expression and information"
|
"... exercising the right of freedom of expression and information"
|
||||||
exception[fn:FoE_GPDR:GDPR, Article 17, paragraph 3(a)] and it is
|
exception[fn:FoE_GPDR:GDPR, Article 17, paragraph 3(a)] and it is
|
||||||
determined that the exception didn't apply. However, the claimant
|
determined that the exception didn't apply. However, the claimant
|
||||||
suffers no sanction if it is determined that the exception /does/
|
suffers no sanction if it is determined that the exception /does/
|
||||||
apply.
|
apply.
|
||||||
|
|
||||||
In systems that facilitate censorship[fn:censorship:While seeking
|
In systems that facilitate censorship[fn:censorship:While seeking
|
||||||
to achieve a valuable and socially important goal, this
|
to achieve a valuable and socially important goal, this
|
||||||
legislation, and all others of its nature, facilitates censorship:
|
legislation, and all others of its nature, facilitates censorship:
|
||||||
as a society, we should not be so squeamish about admitting this.],
|
as a society, we should not be so squeamish about admitting this.],
|
||||||
it is important to do more than merely assert that service
|
it is important to do more than merely assert that service
|
||||||
providers should protect fundamental rights for expression and
|
providers should protect fundamental rights for expression and
|
||||||
information. In a regime where sending an e-mail costs nearly
|
information. In a regime where sending an e-mail costs nearly
|
||||||
nothing, where a service risks serious penalties (up to and
|
nothing, where a service risks serious penalties (up to and
|
||||||
including having to shutdown) and where a claimant suffers nothing
|
including having to shutdown) and where a claimant suffers nothing
|
||||||
for abusive claims, the regime is guaranteed to be abused.
|
for abusive claims, the regime is guaranteed to be abused.
|
||||||
|
|
||||||
** CONSTODO Harmful content definition
|
* CONSTODO Harmful content definition
|
||||||
|
|
||||||
This submission will not offer any suggestions as to what should be
|
This submission will not offer any suggestions as to what should be
|
||||||
considered "harmful content". However, I am of the belief that if
|
considered "harmful content". However, I am of the belief that if
|
||||||
"harmful content" is not narrowly defined, the system will allow
|
"harmful content" is not narrowly defined, the system will allow
|
||||||
bad actors to abuse it, and in the context where there is no risk
|
bad actors to abuse it, and in the context where there is no risk
|
||||||
to making claims, and great risk in not taking down the reported
|
to making claims, and great risk in not taking down the reported
|
||||||
postings, loose definitions will only make it easier for
|
postings, loose definitions will only make it easier for
|
||||||
non-harmful content to be removed.
|
non-harmful content to be removed.
|
||||||
|
|
||||||
* CONSTODO Answers to consultation questions
|
* CONSTODO Answers to consultation questions
|
||||||
** CONSTODO Strand 1 -- National Legislative Proposal
|
** CONSTODO Strand 1 -- National Legislative Proposal
|
||||||
|
|
Loading…
Reference in a new issue