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Paul Merrell

EU unveils landmark law curbing power of tech giants | News | DW | 15.12.2020 - 0 views

  • The European Union unveiled landmark legislation on Tuesday that lays out strict rules for tech giants to do business in the bloc. The draft legislation, dubbed the Digital Services Act (DSA) and the Digital Markets Act (DMA), outlines specific regulations that seek to limit the power of global internet firms on the European market. Companies including Google, Apple, Amazon, Facebook and others could face hefty penalties for violating the rules. EU antitrust czar Margrethe Vestager and EU digital chief Thierry Breton presented the draft on Tuesday, after the content of the new rules was leaked to the media on Monday.
  • What's in the draft laws? The dual legislation sets out a list of do's, don'ts and penalties for internet giants: Companies with over 45 million EU users would be designated as digital "gatekeepers" — making them subject to stricter regulations. Firms could be fined up to 10% of their annual turnover for violating competition rules. The could also be required to sell one of their businesses or parts of it (including rights or brands). Platforms that refuse to comply and "endanger people's life and safety" could have their service temporarily suspended "as a last resort." Companies would need to inform the EU ahead of any planned mergers or acquisitions. Certain kinds of data must be shared with regulators and rivals. Companies favoring their own services could be outlawed. Platforms would be more responsible for illegal, disturbing or misleading content.
  • Following the announcement on Tuesday, US internet giant Google criticized the draft legislation, saying it appeared to target specific firms.  "We will carefully study the proposals made by the European Commission over the next few days. However, we are concerned that they seem to specifically target a handful of companies," said Karan Bhatia, the vice president of government affairs and public affairs at Google. Facebook appeared to offer a more conciliatory tone, saying the legislation was "on the right track."
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  • The draft still faces a long ratification process, including feedback from the EU's 27 member states and the European Parliament. Company lobbyists and trade associations will also influence the final law. The process is expected to take several months or even a year.
Gonzalo San Gil, PhD.

Technology Open Internet Backers Stage 'Occupy FCC' | PopularResistance.Org - 1 views

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    "Resist! By Wilson Dizard, www.america.aljazeera.com May 8th, 2014 Internet libertarians calling for the equal treatment of all Internet data have camped out in front of the Federal Communications Commission (FCC) in Washington, D.C., saying they won't quit their Occupy-style protest until the regulator stands up for Net neutrality."
Gonzalo San Gil, PhD.

Carriers Tell U.S. 'No' to Plans for Internet Fast Lanes - 1 views

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    [# Another little freedom battle won by citizens...] "In recent letters, AT&T, Comcast and Verizon said they have no plans to seek deals with content providers that would give faster Internet performance in exchange for special payments."
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    [# Another little freedom battle won by citizens...] "In recent letters, AT&T, Comcast and Verizon said they have no plans to seek deals with content providers that would give faster Internet performance in exchange for special payments."
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    "In recent letters, AT&T, Comcast and Verizon said they have no plans to seek deals with content providers that would give faster Internet performance in exchange for special payments." [ # How Good it would be # ! ... if it were #true... # ! #Time Will '#Tell' # ! And, if real, it will be thanks to citizens' #coordinated #struggle...]
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    Too early to declare victory. The battle isn't over until FCC adopts regulations *forbidding* the carriers from charging extra for faster data transmission. Company statements using weasel words like they "have no plans" leave a wide open door to change their minds after a regulation is adopted that permits the surcharges to be made. It could be a ploy to dampen the number of emails the FCC, the White House, and Congress are receiving. In matters of the public interest law type, what the corporate side says is irrelevant and frequently is a lie. What matters is the wording of the final rule.
Paul Merrell

FCC votes to protect the internet with Title II regulation | The Verge - 0 views

  • Net neutrality has won at the FCC. In a 3-to-2 vote, the Federal Communications Commission today established a new Open Internet Order that implements strict net neutrality rules, including prohibitions on site and app blocking, speed throttling, and paid fast lanes.
  • Critically, the order also reclassifies internet providers' offerings as telecommunications services under Title II of the Communications Act. Though this is likely to provoke a challenge in court, Title II gives the commission the tools it needs to enforce these strict rules. This is also the first time that net neutrality rules will apply, in full, to mobile internet service. Additionally, the commission uses the new order to assert its ability to investigate and address complaints about "interconnect" agreements — deals made between internet providers like Comcast and content companies like Netflix, which has regularly complained that these deals are unfair. The FCC's new order establishes a standard that requires internet providers to take no actions that unreasonably interfere with or disadvantage consumers or the companies whose sites and apps they're trying to access. At most, internet providers may slow down service only for the purpose of "reasonable network management" — not a business purpose.
Gonzalo San Gil, PhD.

Net Neutrality: BEREC's "consultation" (or the discouragement policy) | La Quadrature d... - 0 views

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    "Submitted on 7 Jun 2016 - 15:25 Net neutrality telecoms package press release Printer-friendly version Français Paris, 7 June 2016 - BEREC1 just published its draft guidelines that aims at clarifying the telecoms regulation2 and therefore the net neutrality. After secret negotiations between the national regulators (ARCEP in France) within BEREC it seems that nothing was put in place in order to facilitate the consultation process. La Quadrature du Net calls on all Internet users who care about a strong defense of net neutrality to join and to respond together to this consultation."
Gonzalo San Gil, PhD.

EUROPA - Press Releases - Digital Agenda: Commission opens public consultation on prese... - 0 views

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    [The European Commission is today launching a public consultation seeking answers to questions on transparency, switching and certain aspects of internet traffic management, with a view to its commitment to preserve the open and neutral character of the Internet. These questions have emerged as key issues in the "net neutrality" debate that has taken place in Europe over the past years, including the recent findings of the Body of European Regulators of European Communications (BEREC). ...]
Gonzalo San Gil, PhD.

FCC Head to Revise Broadband Rules Plan - WSJ.com - 0 views

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    "By Gautham Nagesh connect May 11, 2014 7:43 p.m. ET The head of the Federal Communications Commission is revising proposed rules for regulating broadband Internet, including offering assurances that the agency won't allow companies to segregate Web traffic into fast and slow lanes."
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    "By Gautham Nagesh connect May 11, 2014 7:43 p.m. ET The head of the Federal Communications Commission is revising proposed rules for regulating broadband Internet, including offering assurances that the agency won't allow companies to segregate Web traffic into fast and slow lanes."
Gonzalo San Gil, PhD.

FCC refuses broadband industry demand to halt Title II classification | Ars Technica [#... - 0 views

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    "by Jon Brodkin - May 8, 2015 9:45 pm UTC [http://www.dailydot.com/politics/what-is-title-ii-net-neutrality-fcc/] Share Tweet 30 The Federal Communications Commission today denied the requests of five broadband industry trade groups that asked for an immediate halt to the reclassification of Internet service providers as common carriers subject to Title II regulation."
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    "by Jon Brodkin - May 8, 2015 9:45 pm UTC [http://www.dailydot.com/politics/what-is-title-ii-net-neutrality-fcc/] Share Tweet 30 The Federal Communications Commission today denied the requests of five broadband industry trade groups that asked for an immediate halt to the reclassification of Internet service providers as common carriers subject to Title II regulation."
Gonzalo San Gil, PhD.

Get ready: The FCC says it will vote on net neutrality in February - The Washington Post - 1 views

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    "Federal regulators looking to place restrictions on Internet providers will introduce and vote on new proposed net neutrality rules in February, Federal Communications Commission officials said Friday."
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    "Federal regulators looking to place restrictions on Internet providers will introduce and vote on new proposed net neutrality rules in February, Federal Communications Commission officials said Friday."
Gonzalo San Gil, PhD.

Net Neutrality: A Great Step Forward for the Free Internet! | La Quadrature du Net - 1 views

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    "Submitted on 3 Apr 2014 - 11:46 Kroes Telecoms Package Net neutrality Neelie Kroes Catherine Trautmann Pilar del Castillo Vera press release Printer-friendly version Send by email Français Brussels, 3 April 2014 - Today the European Parliament adopted in first reading the Regulation on the Single Telecoms Market (see the vote call). By amending the text with the amendment proposals made by the Social-Democrats (S&D), Greens (Greens/EFA), United Left (GUE/NGL) and Liberals (ALDE), the Members of the European Parliament took a historic step for the protection of Net Neutrality and the Internet commons in the European Union. La Quadrature du Net warmly thanks all citizens, organisations and parliamentarians who took part in this campaign, and calls on them to remain mobilised for the rest of the legislative procedure."
Gonzalo San Gil, PhD.

Beyond net neutrality: The new battle for the future of the internet - Vox - 0 views

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    [... Last week Wheeler announced a new set of network neutrality regulations. The details haven't been released yet, but press accounts indicate that Wheeler's proposal will allow internet service providers to offer a "fast lane" for online services, a concept that's anathema to network neutrality stalwarts. ...]
Gonzalo San Gil, PhD.

Net neutrality is only the beginning of an open internet | Technology | The Guardian - 0 views

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    "US regulators are voting on whether to enshrine the openness of the internet, and the outcome is likely to influence policy worldwide"
Paul Merrell

EU Parliament rejects UN web control - Tells Member States to block ITU proposal | TechEye - 0 views

  • The European Parliament has opposed the UN's International Telecommunications' Union's attempt to take control of the web.  The ITU, a specialised UN agency, is largely expected to appoint itself guardian of the internet in an upcoming meeting. The European Parliament has taken the first official step toward opposing the move, and it told member states that they must act accordingly.  
  • However, this resolution does state that the ITU, or any other single centralised international institution is "not the appropriate body to assert regulatory authority over the internet". It also calls on member states to actively prevent changes to International Telecommunication Regulations which "would be harmful to the openness of the internet, net neutrality, access to creative content online and the participatory governance entrusted to multiple actors such as governments, supranational institutions, NGOs, large and small private operators and the internet public consisting of users and consumers".
  • The Pirate Party considers the resolution a victory. Falkvinge quotes MEP Amelia Andersdotter as saying: "The resolution of the Parliament is a big success for internet users. This sends a clear and positive signal to the European Commission and the Member States".
Paul Merrell

The End of the Internet As We Know It - 2 views

  • We owe everything we love about the Web to net neutrality, the principle that the Internet is an open platform and service providers like AT&T, Comcast, and Time Warner can’t dictate where you go and what you do online. Without net neutrality, the Web would look a lot like cable, with the most popular content available only on certain tiers or with certain providers. (Imagine AT&T as the exclusive home of Netflix and Comcast as the sole source of YouTube.)
  • In 2010, the Federal Communications Commission tried to establish concrete rules to protect net neutrality. But the agency ended up caving to pressure from the biggest phone and cable companies and left huge loopholes standing in the way of a truly open Internet. And now Verizon is in court challenging those rules — and the FCC’s authority to draft and enforce them to protect consumers and promote competition. That’s because under the Bush administration, the FCC decided to give away much of its authority to oversee our broadband networks. The current FCC could fix the problem by reclaiming this authority, but it hasn’t yet. If the FCC loses the case and fails to take the necessary action to reverse course, the agency will be toothless as the biggest Internet providers run amok and destroy everything we love about the Internet. Indeed, the second it looks like the FCC is going to be defeated, you can expect all the telecoms and ISPs to join hands and declare they’ve reached an agreement to self-regulate.
  • If this happens, they’ll win and we’ll lose. Online privacy will be a thing of the past. (If you thought it already was, believe me, things could get worse.) The ISPs will try to read all of your content so they can sell you to advertisers. New “troll tolls” will force content creators and others to pay discriminatory fees just to reach people online — and will require the rest of us to pony up for “premium” content. Does that sound Orwellian? That’s because it is. But this is no far-fetched scenario. It’s time for us to stand up and fight for our online rights. We need to tell the FCC to stop messing around. It’s time for the agency to fix its past mistakes — and establish strong net neutrality protections that are 100 percent loophole-free.
Paul Merrell

EU looks into telecoms blocking Internet calls - International Herald Tribune - 0 views

  • European Union regulators are looking into whether mobile phone operators who block customers from making inexpensive wireless calls over the Internet are breaking competition rules. The European Commission, the EU antitrust authority, has sent questionnaires to phone companies asking what "tools" they use to "control, manage, block, slow down or otherwise restrict or filter" Internet-based voice calls. The EU deadline for responding to the survey was Tuesday. The questionnaire, obtained by Bloomberg News, does not identify any companies. Some mobile carriers have blocked services that use voice-over-Internet protocol, or VoIP, which allows users to make calls over the Web. Companies may be seeking to stop customers from accessing applications, like eBay's Skype, to defend voice revenue from the less expensive Internet services, Carolina Milanesi, research director for mobile devices at Gartner, the research company, said.
    • Paul Merrell
       
      Building a Connected World --- The Role of Antitrust Law and Lawyers.
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    Superficially, this sounds like an application of the principles won by DG Competition in the Court of First Instance's Commission v. Microsoft interoperability decision. But note that here we deal with an investigation into deliberately-created interop barriers rather than those maintained by withholding full communication protocol specifications from competitors. Notice that the investigation encompasses throttling of internet connections for particular uses, an increasingly common practice by Comcast and other ISPs in the U.S., where both VOIP and P2P file-sharing are targeted uses. E.U. and U.S. antitrust law are similar, as efforts to harmonize antitrust law on both sides of The Pond are now decades old; this move does not bode well for bandwidth throttling in the U.S., particularly when aimed at throttling competition. It takes no giant mental leap to apply such principles to big vendor-dominated IT standards bodies that deliberately create or maintain interop barriers in data format standards. Indeed, DG Competition Commissioner Neelie Kroes has already served notice that interop barriers in standards-setting is an item of interest.
Paul Merrell

Rural America and the 5G Digital Divide. Telecoms Expanding Their "Toxic Infrastructure... - 0 views

  • While there is considerable telecom hubris regarding the 5G rollout and increasing speculation that the next generation of wireless is not yet ready for Prime Time, the industry continues to make promises to Rural America that it has no intention of fulfilling. Decades-long promises to deliver digital Utopia to rural America by T-Mobile, Verizon and AT&T have never materialized.  
  • In 2017, the USDA reported that 29% of American farms had no internet access. The FCC says that 14 million rural Americans and 1.2 million Americans living on tribal lands do not have 4G LTE on their phones, and that 30 million rural residents do not have broadband service compared to 2% of urban residents.  It’s beginning to sound like a Third World country. Despite an FCC $4.5 billion annual subsidy to carriers to provide broadband service in rural areas, the FCC reports that ‘over 24 million Americans do not have access to high-speed internet service, the bulk of them in rural area”while a  Microsoft Study found that  “162 million people across the US do not have internet service at broadband speeds.” At the same time, only three cable companies have access to 70% of the market in a sweetheart deal to hike rates as they avoid competition and the FCC looks the other way.  The FCC believes that it would cost $40 billion to bring broadband access to 98% of the country with expansion in rural America even more expensive.  While the FCC has pledged a $2 billion, ten year plan to identify rural wireless locations, only 4 million rural American businesses and homes will be targeted, a mere drop in the bucket. Which brings us to rural mapping: Since the advent of the digital age, there have been no accurate maps identifying where broadband service is available in rural America and where it is not available.  The FCC has a long history of promulgating unreliable and unverified carrier-provided numbers as the Commission has repeatedly ‘bungled efforts to produce accurate broadband maps” that would have facilitated rural coverage. During the Senate Commerce Committee hearing on April 10th regarding broadband mapping, critical testimony questioned whether the FCC and/or the telecom industry have either the commitment or the proficiency to provide 5G to rural America.  Members of the Committee shared concerns that 5G might put rural America further behind the curve so as to never catch up with the rest of the country
Paul Merrell

FCC Chairman Moves Toward Real Net Neutrality Protections | Free Press - 0 views

  • In an appearance at the Consumer Electronics Show in Las Vegas today, FCC Chairman Tom Wheeler indicated that he will move to protect Net Neutrality by reclassifying Internet access under Title II of the Communications Act. The chairman plans to circulate a new rule in early February. The agency is expected to vote on it during its Feb. 26 open meeting. Free Press President and CEO Craig Aaron made the following statement: “Chairman Wheeler appears to have heard the demands of the millions of Internet users who have called for real Net Neutrality protections. The FCC’s past decisions to put its oversight authority on ice resulted in Net Neutrality being under constant threat. Wheeler now realizes that it’s best to simply follow the law Congress wrote and ignore the bogus claims of the biggest phone and cable companies and their well-financed front groups. “Of course the devil will be in the details, and we await publication of the agency's final decision. But it’s refreshing to see the chairman firmly reject the industry’s lies and scare tactics. As we’ve said all along, Title II is a very flexible, deregulatory framework that ensures investment and innovation while also preserving the important public interest principles of nondiscrimination, universal service, interconnection and competition.”
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    Title II is for "common carriers." See http://transition.fcc.gov/Reports/1934new.pdf pg. 35. Under Section 202: "(a) It shall be unlawful for any common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage. (b) Charges or services, whenever referred to in this Act, include charges for, or services in connection with, the use of common carrier lines of communication, whether derived from wire or radio facilities, in chain broadcasting or incidental to radio communication of any kind. (c) Any carrier who knowingly violates the provisions of this section shall forfeit to the United States the sum of $6,000 for each such offense and $300 for each and every day of the continuance of such offense. 
Paul Merrell

FCC Votes To Start Slashing Net Neutrality Protections - 0 views

  • The Federal Communications Commission (FCC) under President Donald Trump on Thursday afternoon voted to begin slashing regulations protecting a free and open internet. The decision (pdf) ran along party lines, with the FCC’s two Republican members voting to dismantle net neutrality. Mignon Clyburn, the Commission’s Democratic member, was the sole dissenting vote. “While the majority engages in flowery rhetoric about light-touch regulation and so on, the endgame appears to be no-touch regulation and a wholesale destruction of the FCC’s public interest authority in the 21st century,” Clyburn wrote in her dissent, according to The Hill.
Paul Merrell

Ohio's attorney general wants Google to be declared a public utility. - The New York Times - 2 views

  • Ohio’s attorney general, Dave Yost, filed a lawsuit on Tuesday in pursuit of a novel effort to have Google declared a public utility and subject to government regulation.The lawsuit, which was filed in a Delaware County, Ohio court, seeks to use a law that’s over a century old to regulate Google by applying a legal designation historically used for railroads, electricity and the telephone to the search engine.“When you own the railroad or the electric company or the cellphone tower, you have to treat everyone the same and give everybody access,” Mr. Yost, a Republican, said in a statement. He added that Ohio was the first state to bring such a lawsuit against Google.If Google were declared a so-called common carrier like a utility company, it would prevent the company from prioritizing its own products, services and websites in search results.AdvertisementContinue reading the main storyGoogle said it had none of the attributes of a common carrier that usually provide a standardized service for a fee using public assets, such as rights of way.The “lawsuit would make Google Search results worse and make it harder for small businesses to connect directly with customers,” José Castañeda, a Google spokesman, said in a statement. “Ohioans simply don’t want the government to run Google like a gas or electric company. This lawsuit has no basis in fact or law and we’ll defend ourselves against it in court.”Though the Ohio lawsuit is a stretch, there is a long history of government control of certain kinds of companies, said Andrew Schwartzman, a senior fellow at the nonprofit Benton Institute for Broadband & Society. “Think of ‘The Canterbury Tales.’ Travelers needed a place to stay and eat on long road treks, and innkeepers were not allowed to deny them accommodations or rip them off,” he said.
  • After a series of federal lawsuits filed against Google last year, Ohio’s lawsuit is part of a next wave of state actions aimed at regulating and curtailing the power of Big Tech. Also on Tuesday, Colorado’s legislature passed a data privacy law that would allow consumers to opt out of data collection.On Monday, New York’s Senate passed antitrust legislation that would make it easier for plaintiffs to sue dominant platforms for abuse of power. After years of inaction in Congress with tech legislation, states are beginning to fill the regulatory vacuum.Editors’ PicksThe Abandoned Houses of Instagram21 Easy Summer Dinners You’ll Cook (or Throw Together) on Repeat‘King Richard’ Finds Fresh Drama in WatergateAdvertisementContinue reading the main storyAdvertisementContinue reading the main storyOhio was also one of 38 states that filed an antitrust lawsuit in December accusing Google of being a monopoly and using its dominant position in internet search to squeeze out smaller rivals.
Gonzalo San Gil, PhD.

Robert McDowell: The U.N. Threat to Internet Freedom - WSJ.com - 5 views

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    [Top-down, international regulation is antithetical to the Net, which has flourished under its current governance model. ...]
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    Trying to fix what ain't broken ...
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    I wish it were a matter to "fix" anything... The issue is trying to Control something that comes working fine without such 'control'...
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    You're right. The desire to censor is the real driving force here, I think.
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    A further thought: There is binding and enforceable international law on the subject of freedom of speech and access to information in a treaty that has been ratified by all nations other than China, which has signed but not yet ratified the treaty. That treaty's terms might provide a rallying point for at least limiting the ITU's desire to grab power over the Internet. The International Covenant on Civil and Political Rights ("ICCRR") Article 19 provides: "1. Everyone shall have the right to hold opinions without interference. "2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. "3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals." http://www2.ohchr.org/english/law/ccpr.htm The last exception is broader than what I would prefer. However, while the rights created by by the ICCRR transcend national boundaries, the quoted provision unquestionably stands for the proposition that exception (b) applies only to nations and not to a U.N. body itself. Therefore, there is a very strong argument that content-based both content-based restrictions and changes in the internet's functioning to facilitate such restrictions are beyond the legal jurisdiction of the ITU. I.e., changes in the internet's functioning to facilitate content-based restrictions require consideration of the content types to be restricted. The treaty permits only national level restrictions and arguably, it thereb
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    *Oh, we got -even from before- The Art 27 of The THE UNIVERSAL DECLARATION OF HUMAN RIGHTS https://www.un.org/en/documents/udhr/index.shtml#a27 [(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. ...] And, as 'NOBODY' (Repeat 'NOBODY') has demonstrated that sharing affects negatively to creators (more yet, all the contrary), saying that SHARING (in any way the technology allows) is an EXCELLENT way to "participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits." is The Ultimate Truth. http://www.p2pnet.net/story/7566 *'Authorities only want to control the Information Flow... ...Nothing related with the "Defence" of Anything... but their own craving of control.
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