Censorship

Why Virginia is right to overturn spam conviction

The Virginia Supreme Court on Friday overturned the conviction of a notorious AOL spammer, the first spamming defendant to be convicted of a felony, saying the state junk e-mail law is too broad and violates the First Amendment.

This is a remarkable decision (PDF). But a close reading of the Virginia statute shows that it is the right one.

The law in question is kind of the state equivalent of the Can-Spam Act, though with exclusively criminal penalties. It says:

A. Any person who: 1. Uses a computer or computer network with the intent to falsify or forge electronic mail … Read more

With site block, Malaysia seems to break promise

KUALA LUMPUR--The nation's vocal political bloggers and commentators are bracing for a government crackdown, even as Malaysia celebrates its 51st anniversary of independence this weekend.

The Malaysian Communications and Multimedia Commission earlier this week ordered all 19 of the country's Internet service providers to block the controversial political portal Malaysia Today.

According to a report on Thursday by online news portal Malaysiakini, the MCMC chief operating officer, Mohamed Sharil Tarmizi, confirmed that the commission was behind the site blackout. "It is being blocked because we found that some of the comments on the Web site were insensitive, … Read more

Russia Web site owner killed after arrest

The owner of an opposition Internet news site in Russia's volatile Ingushetia region was shot and killed Sunday after being detained by police.

Magomed Yevloyev, owner of the www.Ingushetiya.ru Web site, was arrested at Nazran airport in southern Russia after disembarking a flight, according to a statement by media watchdog Reporters Without Borders. Yevloyev was later found dumped on the side of the road, suffering from a gunshot wound to the head, the news site's deputy editor, Ruslan Khautiyev, told the Associated Press. Yevloyev later died at a hospital, Khautiyev said.

Yevloyev had angered the region'… Read more

How to get thrown into a Chinese prison

q&a James Powderly didn't trek from New York City to Beijing during the 2008 Olympics to watch table tennis. The artist was plotting to laser-beam a billboard-size, pro-Tibet message at the Bird's Nest Stadium. Instead, he spent six days locked up and interrogated by Chinese police under conditions he likens to torture. He was joined by other American would-be protestors sentenced to prison without being charged of a crime, then released early following U.S. pressure.

The Graffiti Research Lab co-founder and former engineer has helped pioneer open source, digital graffiti techniques, like L.A.S.E.R. tag projections of words and icons onto public walls, as well as LED bulb "throwies" that stick to surfaces to spell out messages in light.

Originally Powderly was invited to participate in a show at the National Art Museum of China, until he says organizers, fearing political controversy, kicked him out. Instead, he collaborated with Students for a Free Tibet (SFT).

Powderly says his high-tech gear--including a cell phone, green laser, laser printer, laptop, camera, tripods--may have tipped off Chinese authorities. And he suspects that if Twitter stops working in China, you might blame him and his collaborators.

Q: The last time we were in touch, you'd mentioned the upcoming Green (Chinese) Lantern project, which you didn't detail for obvious reasons. What happened? How did Chinese authorities find out what you were planning to do? Powderly: When I entered the country on the 15th of August I had a cell phone that might have already been compromised. It had already been used by protesters in the country...We don't know. They weren't telling.

It's safe to say I'm much more like Dr. Strangelove than like James Bond. I stick out like a sore thumb in Beijing. I'm about a foot taller than everybody. I'm wearing a fedora, camos, and sleeveless vest...

These people were still kind of bumbling but resourced and numerically outnumbered adversaries, in terms of the Chinese secret police. There are just so many of them and they're working with so much citizen support, meaning there are 300,000 people in the city just looking constantly and reporting, from taxi drivers to people on the street, undercover cops, policemen in uniforms, soldiers.

Whatever clued them into us, by the afternoon of the 18th I was being tailed by a woman. I spotted her, but I'm in a city of 20 million people. No way they're on me, I hadn't done anything. I was literally at the Wal-Mart superstore buying supplies..I doubted what I was seeing...

What happened next? When did you know for sure? How were you arrested? Powderly: I spent the day of the 17th scouting locations, buying a new laser printer. I went to kind of a safe house to build this laser stencil thing...They'd snuck a new laser in to me and I'd snuck in LED throwies for the LED banner for another group of activists...

I went to Tiananmen Square to scout that location because we'd planned to do two projection events. If we got away with the first one at the Olympic stadium, then we were gonna do the second one in Tiananmen Square...We were gonna project "Free Tibet" or "Tibet will be free" or "6/4/1989."

What worked and what didn't go forward? Powderly: None of them worked. We did nothing. We were arrested and detained in China...for doing nothing except for thinking about it.

On the 18th...I did my one and only laser projection that evening out the window on some torn-down buildings...way out in the outskirts of Beijing, literally the last stop of the "One" line...It worked better than any had before, and I'd come up with a new technique for making the stencils to do transparencies with a normal laser printer.

I'd printed out one test message, a little computer inside joke, just the words: "Free Beer." It's a quote from a renowned hacker (Richard Stallman) that refers to free software...… Read more

Internet firms agree to 'code of conduct' in China

Just days before the Olympic torch will reach Beijing, Internet leaders Google, Yahoo, and Microsoft say they are close to an agreement on a code of conduct for doing business in China and other countries that censor the Internet.

Sen. Dick Durbin on Monday released separate letters from the companies, stating they have "reached agreement on the core components of the principles" of the code, as Google put it.

Those components, the letters say, include principles for promoting freedom of expression and privacy, implementation guidelines, and an accountability framework. The specifics of the code are now being reviewed … Read more

Comcast, NetZero latest providers to bow to Cuomo's Usenet campaign

New York state Attorney General Andrew Cuomo's recent threats of adopting unspecified "legal remedies," potentially including criminal prosecution, against Comcast apparently worked.

Comcast responded this week by saying it signed a memorandum of understanding with Cuomo's office. United Online's NetZero also signed an agreement that deals with Usenet, the pre-Web collection of discussion groups.

Cuomo, a Democrat, is pitching these agreements as a way to reduce the amount of child porn on Usenet. His latest prepared statement: "I commend the companies for working with my office to aggressively eradicate online child pornography and strongly … Read more

COPA anti-Net porn law: Down but not out

The U.S. Department of Justice has been fighting an extended legal battle since 1998 to enforce a federal law that targets Web sites deemed "harmful to minors." On Tuesday, it lost again.

This week's ruling (PDF) by the Philadelphia-based Third Circuit Court of Appeals means Web site operators can continue to relax, at least for now, about the Child Online Protection Act being enforced against them. COPA includes criminal penalties, including fines and six months imprisonment, for anyone found guilty of violating it.

The court concluded that COPA "cannot withstand a strict scrutiny, vagueness, or … Read more

Cuomo strong-arms Comcast over Usenet

New York Attorney General Andrew Cuomo has found a novel way to shake down law-abiding broadband companies: accuse them of harboring child pornography and threaten to prosecute them unless they do what he wants. That might just happen to involve writing Cuomo a hefty check.

The latest company to be honored by Cuomo's personal attention is Comcast, which received a two-page letter on Monday threatening "legal action" on child pornography grounds within five days, if its executives failed to agree to a certain set of rules devised by the attorney general.

In the letter (PDF), the Democratic … Read more

N.Y. AG says AOL will curb access to Usenet. It already did

It's no secret that politicians tend to churn out press releases touting their accomplishments, no matter how mean or insignificant. But it is still possible to be surprised on occasion, which brings us to today's announcement by New York Attorney General Andrew Cuomo, a Democrat.

In his press release, which was reproduced uncritically, Cuomo claimed that AOL has "agreed to eliminate access to child porn newsgroups, a major supplier of these illegal images" and said that the company will "purge" its "servers of child porn websites." By newsgroups, Cuomo is referring to … Read more

Judge sets Facebook hearing status to 'private'--hmm

Kicking the public out of a courtroom is an option that should be used rarely, and extremely judiciously, which is what makes U.S. District Judge James Ware's decision Monday disappointing.

Ware shuttered the doors to a San Jose, Calif., hearing pitting Facebook and Mark Zuckerberg, probably the world's youngest self-made billionaire, against Harvard University classmates who claim Zuckerberg stole ideas and source code from a similar venture called ConnectU. Ware took this extraordinary step without notice, without a formal request from either side, and without even specifying why it was necessary.

This is at odds with the … Read more