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Thursday, February 7, 2013

A Victory for Colombia: Constitutional Court Strikes Down Draconian Copyright Expansion Bill


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Good news hails from Colombia today, where the Constitutional Court has struck down a sweeping copyright enforcement law because Congress had fast tracked the bill and overstepped various legislative procedures. The Court also ruled on the constitutionality of the law itself, over provisions on the retransmission of TV content and signals over the Internet as well as its language on technological protection measures (TPMs, also known as DRM). The law, nicknamed Ley Lleras 2, was passed to implement copyright enforcement obligations from the Colombia-US free trade agreement. Colombians and civil society groups, however, have been arguing that this law violates the right of education and culture because it would dramatically restrict access to knowledge online.

The law would have set forth copyright regulations that went even beyond the requirements of their trade agreement with the US and had many negative consequences for Internet users' rights to free expression and privacy. Ley Lleras 2 would have banned the circumvention of digital handcuffs that restrict copying and other uses of works, and also prohibit the creation and distribution of tools to circumvent TPMs, even if the end use is legal. While the Colombia-US FTA only requires punishment for "willful" criminal infringers, the new Colombian Copyright law is defined in a way that could even put someone in jail for a minimum of 4 years for burning a CD of music for their friend. In addition, it would have expanded copyright protection terms from 50 years to 70 years after first publication, and added further restrictions on broadcast content and its signals, even if the content itself was not subject to copyright protection.

It is very welcome news that Ley Lleras 2 has been repealed. It was a law that was poorly crafted, based upon a trade agreement with defective policies, and enacted by throwing democratic rulemaking processes out the window. Unfortunately, we expect another flawed copyright law to come down based upon Colombia's trade obligations with the US. We stand with Fundación Karisma, RedPaTodos, American University's Info Justice, ONG Derechos Digitales, and other digital rights organizations around the world to ensure another malformed copyright policies does not become law and threaten Colombians' digital rights again.


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Doug Casey: 'We are living in the middle of the biggest bubble in history'


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GoldMoney's Andy Duncan talks to Doug Casey, the founder and chairman of Casey Research and the author of a new book called Totally Incorrect. They discuss the current state of global finance and the chances of an upcoming paper money collapse.

Casey points out that the recovery after the 2008 financial crisis is just an illusion created by central bank money printing which will ultimately lead to very high inflation once bank lending starts to pick up again. Both men discuss what will happen when all the US dollars currently held overseas are repatriated as foreigners lose confidence in the greenback. They also speculate about what Keynesians might be thinking at the moment, and analyse how non-western central banks are beginning to behave with regards to gold.

They evaluate the likelihood of western economic collapse in 2013, what this would imply for the global monetary standing of gold, and how GoldMoney subscribers can best protect themselves and their assets. On this note they also talk about how a future world monetary situation might look like once we are through the Keynesian collapse. Casey also speculates about how the theories of Professor Hans Hermann-Hoppe might have applicability to the shape of the world order post-crash, and what readers can look forward to if they purchase a copy of Totally Incorrect (www.caseyresearch.com/totally-incorrect).

Finally, they discuss what type of "black swans" we can expect to land in the coming months.

This podcast was recorded on 15 January 2013.


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Tuesday, February 5, 2013

Orlando Man is Year's Second Drug War Death


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One of two men shot by Orlando police inside a home during a drug investigation Wednesday night died Thursday. Karvis Jabbar Gamble, 19, becomes the second person to die in US domestic drug law enforcement activities so far this year.

Police told WKMG TV that five people were in the home when officers knocked on the door and that two of them resisted.

"A subject sitting inside the front room immediately reached for a handgun, pulled it up and started pointing at the officers," said Orlando police sergeant Jim Young. "A second subject inside the house comes running out of a back room. He ignored all officers' commands. He began to reach into his waistband."

Two different police officers opened fire, each striking one of the men. The other man shot by police, Cordaryl Leojermane Wilson, 25, has been charged with possession of MDMA/Ecstasy, possession of cannabis, possession of drug paraphernalia, and resisting arrest without violence.

Police said they recovered three guns, two of which were reported stolen, as well as drugs.

Neighbors told WKMG that they heard as many as five gunshots coming from the home. Relatives said it doubled as a studio for aspiring musicians.

Other witnesses told WKMG there were no guns or drugs at the house, and that police never identified themselves.

"All (the officer) did was open the door. They never said, 'OPD,' or nothing. They just shot him," a man said. "Who really would point a gun at the police? You know what's going to happen."

The two officers who shot their weapons will be placed on administrative leave pending the outcome of a departmental investigation.

At this point, it is unclear whether police were uniformed or undercover and whether they were serving a search warrant or engaging in a "knock and talk" investigation.


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Monday, February 4, 2013

Government Will Lose the War on Piracy

by Jeffrey Tucker

It began as a skirmish. Then it was a battle. It became a war. Now it is a bloody conflict that is global in scope. Both sides have passed the point of no return. There is no question who is winning and going to win totally in the end, despite massive carnage along the way.

The field of battle in this case are the digital networks that swirl around the world in arrangements so thick and wide ? seemingly infinite points of light that represent human contact backed by technological genius? that they surpass the capacity of the human mind to conceptualize them.

The two sides: everybody vs. everybody?s governments.

The death of Aaron Swartz, the 26-year-old digital genius, seems to have been some sort of turning point. The government hounded him, threatened him, planned to jailed him and bankrupt him for life. The ostensible reason for the persecution was that he downloaded research papers with the intent to distribute them. The real reason was that he was using his skills to pioneer new methods of subverting government?s attempts to thwart Internet freedom.

His tormentors broke his gentle spirit. He killed himself before they could get their way.

But since his death two weeks ago, there have been thousands of tributes written about his life. His interviews and writings have gone viral online. The organizations he founded have seen new life. His causes have gained new adherents. Hundreds and thousands have been showing up to events to give tribute to his work and ideas.

I?m thinking here of the life and death of Martin Luther King, Jr., and how it became a symbol of the urgent and non-negotiable desire for racial justice and peace. After he died, there was no turning back. The arguments and struggles largely ended. There would be no more legal barriers to the freedom of people to associate.

One wonders if the death of Aaron Swartz will take on a similar significance in the demand for the digital freedom to associate. After all, the war against the mass migration from physical to digital cannot be won by the state. The cloud is humanity?s new home ? a world without borders, coercion, or barriers. Aaron was a prophet of this dramatic change in the social order that took place from 1995 onward. He understood it like few others.

But is the winner in this war really decided? Think of this. The war on online sharing (?piracy?) has been ongoing for ten years. It has involved ever more spying, ever more warnings plastered everywhere, ramped up intimidation in every sphere of life.

The penalties are more intense. Civil infractions have been converted to criminal acts. Kids have been fined, humbled, jailed. Enforcement has involved military raids and body bags. Every voice of government authority the world over has weighed in to denounce the pirates, the infringers, the copiers, the stealers, and looters.

We?ve been told that viewing unauthorized material, sharing things without permission, saying stuff without checking with the authorities, is tantamount to robbing grocery stores and stealing cars. The penalties are higher than for kidnapping and manslaughter.

And yet look at the results. Right now, this instant, ?pirated? material has never been more available online. You can stream practically anything that has ever been filmed or recorded, instantly. The waves of information, licit or illicit, are rising and crashing ever harder in every minute that goes by.

It is impossible to police, impossible to stop, impossible to control, and ever more brazen by the day. The more governments try to stop it, the more there is to stop. And yet the politicians and bureaucrats still swear that they will fight to the bitter end, unconditional surrender as the only terms. It?s the ultimate unwinnable war, even more absurd than the war on drugs or the war on demon rum.

It?s not criminals who are thwarting the efforts of governments. It is human beings who are seeking out ways to connect and share information. They are acting as people do, using the tools they have been given to find and share value. They are seeking ways to push progress in the world of ideas.

They are using the magical capacity of the Internet to copy ? that?s its real power and real function ? in order to universalize whatever is wanted by others. The driving force is the burning desire on the part of people to link up to their mutual betterment. And this is taking place outside the artificial borders of the nation state and creating new forms of human engagement and innovation on a scale that no one imagined possible.

But are the ?pirates? wrecking enterprise and profits? That?s what we are told. But look at it. The Wall Street Journal reports that the slide in revenue for Hollywood over the last ten years has been stopped as ?online revenue grew enough to offset a continued drop in DVD sales and rentals.? Subscriptions to streaming sites rose 45%, and digital download sales are up 35%. Digital distribution accounts for 30% of spending on of home entertainment.

Meanwhile, people are still going to the movies. Last year was a banner year. Same with music. We are living in a new renaissance of all forms of art, creativity, media, books, research, ideas ? and there are plenty of profits to be made by the smart, creative, savvy, and talented. More than ever before!

As always, the key to profitability is to deliver value to consumers in ways that match their most intense desires. It matters not at all that nearly everything on iTunes can be pirated in some other way, that most everything on Netflix can be streamed through another venue, that most proprietary software can be snagged somewhere for nothing, that smart phones can be hacked to get things that otherwise cost money, that services from phone calls to online conferencing are available in a gigantic range of pricing from six figures down to zero.

The governments that have battled against digital networks have worked tightly with reactionary interest groups in industry. Their dominant assumption has always been that if the Internet wins, the rest of us lose. That is obviously false. There is no zero sum game here. Those who have made money in this digital world have done so the old-fashioned way: selling valuable stuff to people at prices that people are willing to pay.

We?ve lost Aaron and it is a terrible loss. But look who we have: people like Kim Dot Com, the file storage pioneer who was coming up with new ways to take power from the industry/government establishment and put it into the hands of users.

The government tried to ruin him. Read my piece on his case from this time last year: ?The Death of File Sharing.? He and his service seemed to be doomed.

He fought back. His servers were destroyed but he has started a new company with new servers: Mega.co.nz. This new service is even more amazing, super encrypted with enough filed storage and sharing capacity for a good part of humanity to use. It is also the product of learning. This machine will not be destroyed.

The new systems live in the digital cloud where governments have little to no access. Encryption ensures privacy. These combinations of technologies give all users an opportunity to ?secede? from government. If you are looking for a large-scale, anonymous, and affordable file-storage system run by a company that is a proven survivor, you could probably benefit from Mega: http://kim.com/mega.

Mega is only one of many new systems that challenge the governments of the world. There will be many more. They will get even better. The revolution can?t be stopped.

This is the way of the future. The watchwords are voluntarism, commerce, and laissez faire, the French expression meaning that if you just leave us alone, society can manage just fine. We don?t need their wars, their authority, their impositions, their legislation, their threats, their fines, their jails.

Aaron is gone, but his spirit not only lives; it pervades the future in every way. Be not afraid: join the side of the winners.
_
Jeffrey Tucker is the publisher and executive editor of Laissez-Faire Books, the Primus inter pares of the Laissez Faire Club, and the author of Bourbon for Breakfast: Living Outside the Statist Quo, It's a Jetsons World: Private Miracles and Public Crimes, and A Beautiful Anarchy: How to Build Your Own Civilization in the Digital Age, among thousands of articles. Click to sign up for his free daily letter. Email him: tucker@lfb.org | Facebook | Twitter | Google


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Sunday, February 3, 2013

School Will Not Back Down Over Five-Year-Old Girl's Bubble Gun "Terroristic Threat"

Steve Watson

A school that suspended a five-year-old girl for ?threatening? class mates with a Hello Kitty bubble gun will not back down on the issue, refusing to retract a statement describing the girl?s actions as ?terroristic?.

As we reported last week, the incident occurred on January 10th, when the girl, whose identity is being protected, declared she was going to shoot other children, and then herself with a pink toy gun that fires bubbles composed of a harmless soap solution.

School officials reportedly categorized the incident as a "terroristic threat," and labeled the girl's actions a "threat to harm others."

Superintendent Bernard Stellar of Mount Carmel school at first suspended the girl for ten days, before reducing the punishment to two days. All this came after an interrogation that lasted several hours, at which the girl's parents were not present, according to their lawyer, Robin Ficker.

This week, Ficker has told local reporters that the school has refused to budge on the issue.

"I don't understand why the school district doesn't put this all behind them," Ficker said. "Admit you made a mistake, apologize to the family and expunge these labels from her record. Do they really still think she's a threat to others? Their own psychologist said she isn't."

Ficker says that the offending ?threat? that was overheard by an adult was something along the lines of ??I?m gonna shoot you, you can shoot me and we can all play together.?

The Superintendent also released a statement on the ongoing affair, which read:

"The Mount Carmel Area School District has been criticized for the handling of an incident that occurred recently. Although by law we cannot officially comment on the specifics of the incident involving the students, we are confident that much of the information supplied to the media may not be consistent with the facts in this matter. The Mount Carmel Area School District has investigated the issue and will continue to do so."

"When given the opportunity in the appropriate forum, we look forward to presenting information that will portray our school district in a more positive light.? the Superintendent?s statement also read, adding that the school values ?the intellectual, social, emotional, and physical wellbeing of each child."

Robin Ficker said that the school district is ?stonewalling? on the facts.

"Are they really trying to argue that this little 5-year-old girl understood the implications of the words she was saying? Look, the bottom line is they are in error and they need to admit it."

Ficker will meet with the district?s legal advisor on january 30th.

"I'm looking for nothing less than a complete expunging of all this from that girl's permanent school records," he said. "She has been branded a troubled person. But she was suspended for the words she was saying. She had no gun. She had a bubble-making machine."

As we have noted, this is far from an isolated incident, and represents one of many knee jerk reactions in the wake of the recent shootings that have been subject to a mass media frenzy.

This week, a ?South Philadelphia elementary student was searched in front of classmates and threatened with arrest after she mistakenly?brought a "paper gun" to school.

Earlier this month a 6-year-old boy?was suspended from his elementary school in Maryland for making a gun gesture with his hand and saying "pow".

Days later?another two 6-year-olds in Maryland were suspended for pointing their fingers into gun shapes while playing "cops and robbers" with each other.

In Oklahoma, a five-year-old boy was also?recently suspended for making a gun gesture with his hand.

A 13-year-old Middle School seventh grade student in Pennsylvania?was also suspended for the same hand gesture.
_
Steve Watson is the London based writer and editor for Alex Jones? Infowars.com, and Prisonplanet.com. He has a Masters Degree in International Relations from the School of Politics at The University of Nottingham, and a Bachelor Of Arts Degree in Literature and Creative Writing from Nottingham Trent University.


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Saturday, February 2, 2013

Illinois Citizens Still Being Arrested For Filming Cops Despite Court Ruling Which Blocked Unconstitutional Law


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Paul Joseph Watson

Illinois citizens are still being arrested for recording police officers despite a 7th Circuit Court of Appeals ruling last year that blocked the enforcement of the law on the grounds that it was unconstitutional.

Following yesterday?s story concerning residents of Naperville who attempted to resist utility workers invading their private property to install so-called ?smart meters? ? which have been linked with health issues ? it emerged that one of the refusniks, Malia "Kim" Bendis, was arrested on attempted eavesdropping charges for recording police officers during the incident.

The irony of citizens being arrested for supposedly ?eavesdropping? on cops in public where there is no expectation of privacy, while simultaneously the government forcibly installs devices on people?s property that really do eavesdrop on them in total violation of the 4th amendment, is staggering. Remember ? this is a state that threatens to send people to prison for life for recording police officers.

Bendis filmed her friend?s confrontation with city workers and police but at no time attempted to interfere in their actions. The video clip shows an officer asking Bendis not to film him, an order with which she immediately complies.

However, the Chicago Tribune reports that Bendis was arrested and ?Charged with two misdemeanors -- attempted eavesdropping and resisting a peace officer.?

The state of Illinois is still directing its police officers to enforce a law that has repeatedly been found unconstitutional.

As the PINAC blog notes, ?Bendis was charged with misdemeanor eavesdropping which indicates they may have kept the law intact but reduced it to a misdemeanor from a felony. Or more likely means the newspaper wasn't very clear in their reporting,? adding that the Illinois legislature introduced a "technical change" to the law a day before the incident, but that no one seems to be aware of what exactly the change is.

In May 2012, the U.S. 7th Circuit Court of Appeals blocked the enforcement of a law that made it a felony to film police officers in the state of Illinois. This followed a case involving Illinois resident Michael Allison ? who at one point was facing life in jail for recording cops.

?The Illinois eavesdropping statute restricts far more speech than necessary to protect legitimate privacy interests; as applied to the facts alleged here, it likely violates the First Amendment's free speech and free-press guarantees,? wrote Judge Diane Sykes.

Furthermore, when Cook County State Attorney Anita Alvarez appealed the ruling, U.S. District Court Judge Sharon Johnson Coleman re-affirmed it. In states all across the country, Americans arrested for filming police officers in public have won their cases. In August 2011, the First Circuit Court of Appeals also ruled that it is not illegal for citizens to videotape police officers when they are on public duty.

Eavesdropping charges against Illinois resident Tiawanda Moore for recording patrol officers were dropped in August 2011, after a "Criminal Court jury quickly repudiated the prosecution's case, taking less than an hour to acquit Moore on both eavesdropping counts."

Despite numerous different courts not only in Illinois but across the United States continually ruling that it is not illegal to record police officers in public, Americans continue to be arrested for doing so.

This sets a dangerous new precedent in America?s decline towards an authoritarian state, where laws that have clearly been blocked as unconstitutional are being enforced illegally on a whim for the convenience of police officers to abuse the rights of citizens without their actions being documented.
_
Paul Joseph Watson is the editor and writer for Infowars.com and Prison Planet.com. He is the author of Order Out Of Chaos. Watson is also a host for Infowars Nightly News.


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Friday, February 1, 2013

Gun Control: Who Gets Control?


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Supporting gun control laws means giving government more credit than it deserves. Government is an institution run and staffed by people with their own interests and personalities. Are they really any smarter, more competent, or less likely to escalate violence than the average person?

If anything, institutional interests and incentives combine with the difficulty of holding government actors accountable to make them more dangerous. The laws they enforce make them an even bigger threat to public safety. Government workers with assault weapons break into people?s homes if they are suspected of having unapproved medicine, haven?t paid off the banker, or happen to live at the wrong address. If those government workers feel threatened during their adrenaline rush they are liable to shoot the terrified residents and their pets ? and get away with it. I wouldn?t feel any safer knowing that these were the only people who could legally buy 30-round magazines.

Dispersing the tools of personal defense among peaceable individuals and consensual communities makes life safer by reducing the power of (and indeed the perceived need for) militarized official protectors.

Of course, not everyone is average, and gun violence committed by private citizens is frightful. But the prevalence of violence often signals a power imbalance, usually government enforced.

Mass shootings often, but not always, take place in institutions of rigid hierarchy where an individual made powerless by the system sees aggressive violence as a means of empowerment through conquest. Such motivations can be limited through widespread personal empowerment based on respect for autonomy and the cultivation of responsibility rather than obedience.

True, not every mass shooting fits this pattern, and unfortunately it is doubtful that any society can entirely prevent murder. But it is possible to reduce the number of victims. The best way to do that is by reducing institutionalized dislocation and by encouraging people within the community to take responsibility for defense rather than calling on ? and waiting for help from ? government officials. Having powerful weapons with big magazines can help them accomplish this. After all, police departments point to active shooter scenarios to explain why they need the types of guns targeted by assault weapon bans.

Most deadly violence committed by private citizens occurs in areas suffering from institutionalized discrimination. Unofficial economic segregation leads to some areas getting the worst schools, the most hostile police forces, the lowest levels of investment, and the largest burden of environmental hazards. These are usually places where minority racial groups, targeted by the bigotry of the powerful, live. The Black Panthers recognized this; their gun-toting swagger was part of their community improvement and empowerment program.

Today government policy ? carried out by the people gun control advocates trust with assault weapons ? makes neighborhoods into drug war battlegrounds while local politics tries to isolate the problem into particular school districts. Youth are harassed and an obscene percentage of adults are imprisoned, stifling the potential for open and peaceful community development.

The original Black Panthers were not perfect, but remain instructive. They certainly got attention. Rebels at the bottom of every power imbalance can probably learn valuable lessons from their experience.

While we make society more compassionate ? which cannot be done without cultivating respect for liberty and autonomy ? we should respect the gun rights of all responsible individuals. It is amazing that an 18-year-old can vote and serve in the military, but cannot legally buy a handgun for personal defense, especially since it was once common for rural students to bring guns to school and leave them in the principal's office so they could go hunting before or after school. If guns are viewed as familiar but dangerous instead of as mysterious sources of forbidden power, they will probably be handled more responsibly.

The alternative to moving toward freedom is making society more prison-like, with heavily armed paramilitaries standing guard while those considered "off" are subject to "mental health" inquisitions. The path to greater responsibility, accountability, and compassion is found in the pursuit of liberty.
_
Center for a Stateless Society (C4SS.org) News Analyst Darian Worden is a left-libertarian writer and historian. He has hosted an internet radio show, written essays and fiction, and is the lead writer for Head First, a history adventure series. His website is DarianWorden.com.


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