November 2011 - P2P-Foundation - lists.ourproject.org

article on prosumer capitalism
by Michel Bauwens 25 Nov '11

25 Nov '11

http://p2pfoundation.net/Nature_of_Capitalism_in_the_Age_of_the_Digital fyi ---------- Forwarded message ---------- From: nathan jurgenson <nathanjurgenson(a)gmail.com> Date: Thu, Nov 24, 2011 at 8:34 PM Subject: p2p To: michelsub2004(a)gmail.com Michel Bauwens Thanks for the interest in our article. Looks like Sage has a policy of making popular articles open access, which is cool, and has done so with that article and can be found here: http://joc.sagepub.com/content/10/1/13.full.pdf+html?ijkey=KKTk6xYE6Vq1c&ke… Let me know if this works or if an attached pdf is preferable. Excerpt away. As you know, authors have little copyright power in the process, but I fully support sharing this sort of content as widely as possible. Thanks! nathan -- P2P Foundation: http://p2pfoundation.net - http://blog.p2pfoundation.net Connect: http://p2pfoundation.ning.com; Discuss: http://lists.ourproject.org/cgi-bin/mailman/listinfo/p2p-foundation Updates: http://del.icio.us/mbauwens; http://friendfeed.com/mbauwens; http://twitter.com/mbauwens; http://www.facebook.com/mbauwens

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ows as peer production
by Michel Bauwens 25 Nov '11

25 Nov '11

in response to another letter: I think ows produces a political commons and does that pretty much in a standard peer production way, they have a commons, zuccoti park, they have the general assembly and different substructures, but which do not command and control the movement, for example, the finance working group, which looks for money, they have sophisticated provisioning systems the last three are equivalent to the for-benefit associations in open source, finally, they have an enterpreneurial coalition, such as the ows street vendor association, I have documented this through http://p2pfoundation.net/Category:OccupyWallStreet, in detail, so, ows produces 'politics', and it has governance, it has no clear property, but the commons aspect, i.e. it can be used and remixed, would cover that this is quite illuminating, http://p2pfoundation.net/Occupy_Wall_Street_API -- P2P Foundation: http://p2pfoundation.net - http://blog.p2pfoundation.net Connect: http://p2pfoundation.ning.com; Discuss: http://lists.ourproject.org/cgi-bin/mailman/listinfo/p2p-foundation Updates: http://del.icio.us/mbauwens; http://friendfeed.com/mbauwens; http://twitter.com/mbauwens; http://www.facebook.com/mbauwens

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Re: [P2P-F] If the ?Tea Party Join Together, We Can End the Malignant Partnership Between Big Government | ZeroHedge
by Christian Siefkes 25 Nov '11

25 Nov '11

Hi Michel, all, Michel Bauwens wrote: > can we work with anti-abortion distributists on distributing property, I > think so, Would you work with the Ku Klux Klan if it could help foster your goals? Where do you draw the line? > can we work with pro-gun rednecks on a social safety net, I think so, Isn't dismantling the remainders of the social safety net one of the main goals of the Tea Party? Best regards Christian -- |------- Dr. Christian Siefkes ------- christian(a)siefkes.net ------- | Homepage: http://www.siefkes.net/ | Blog: http://www.keimform.de/ | Peer Production Everywhere: http://peerconomy.org/wiki/ |---------------------------------- OpenPGP Key ID: 0x346452D8 -- What is it [...] that separates human beings from the so-called lower animals? Well, as I see it, it's exactly one half-dozen significant things: Humor, Imagination, Eroticism--as opposed to the mindless, instinctive mating of glowworms or raccoons--Spirituality, Rebelliousness, and Aesthetics, an appreciation of beauty for its own sake. -- Tom Robbins, Fierce Invalids Home from Hot Climates

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Fwd: Oct 3 2011 article : JP Morgan Chase ( Bank ) Donates $4.6 Million To NYPD On Eve Of Protests
by Michel Bauwens 25 Nov '11

25 Nov '11

---------- Forwarded message ---------- From: Dante-Gabryell Monson <dante.monson(a)gmail.com> Date: Fri, Nov 25, 2011 at 4:41 AM Subject: Oct 3 2011 article : JP Morgan Chase ( Bank ) Donates $4.6 Million To NYPD On Eve Of Protests To: econowmix(a)googlegroups.com feel free to double check more references via searching keywords such as "jp morgan donates to police" - also see : http://en.wikipedia.org/wiki/JPMorgan_Chase /// http://www.disinfo.com/2011/10/jp-morgan-chase-donates-4-6-million-to-nypd-… JP Morgan Chase Donates $4.6 Million To NYPD On Eve Of Protests Posted by JacobSloan on October 3, 2011 [image: 167451-occupy-wall-street]<http://disinfo.s3.amazonaws.com/wp-content/uploads/2011/10/167451-occupy-wa…>Wondering how much it costs to buy off the police department? JP Morgan Chase just gave the New York City Police Foundation the largest donation in its history. How the police show their gratitude will presumably determine whether they receive similar donations from companies in the future. Via Naked Capitalism <http://www.nakedcapitalism.com/>: No matter how you look at this development, it does not smell right. From JP Morgan’s website<http://www.jpmorganchase.com/corporate/Home/article/ny-13.htm?TB_iframe=tru…>, hat tip Lisa Epstein: JPMorgan Chase recently donated an unprecedented $4.6 million to the New York City Police Foundation. The gift was the largest in the history of the foundation and will enable the New York City Police Department to strengthen security in the Big Apple. The money will pay for 1,000 new patrol car laptops, as well as security monitoring software in the NYPD’s main data center. New York City Police Commissioner Raymond Kelly sent CEO and Chairman Jamie Dimon a note expressing “profound gratitude” for the company’s donation. “These officers put their lives on the line every day to keep us safe,” Dimon said. “We’re incredibly proud to help them build this program and let them know how much we value their hard work.” Now readers can point out that this gift is bupkis relative to the budget of the police department, which is close to $4 billion. But looking at it on a mathematical basis likely misses the incentives at work. Dimon is one of the most powerful and connected corporate leaders in Gotham City. If he thinks the police donation was worthwhile, he might encourage other bank and big company CEOs to make large donations. And what sort of benefits might JPM get? The police might be extra protective of your interests. Today, OccupyWallStreet decided to march across the Brooklyn Bridge (a proud New York tradition) to Chase Manhattan Plaza in Brooklyn. Reports in the media indicate that the police at first seemed to be encouraging the protestors not only to cross the bridge, but were walking in front of the crowd, seemingly escorting them across. Over 700 of the marchers were arrested, and the media has a rather amusing “he said, she said” account, with OccupyWallStreet claiming entrapment and the cops batting their baby blues and trying to look innocent. We simply don’t know whether the police would have behaved one iota differently in the absence of the JP Morgan donation. But it raises the troubling perspective that they might have. -- P2P Foundation: http://p2pfoundation.net - http://blog.p2pfoundation.net Connect: http://p2pfoundation.ning.com; Discuss: http://lists.ourproject.org/cgi-bin/mailman/listinfo/p2p-foundation Updates: http://del.icio.us/mbauwens; http://friendfeed.com/mbauwens; http://twitter.com/mbauwens; http://www.facebook.com/mbauwens

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Fwd: [gang8] Re: BBC World's Hardtalk today - Steve Keen: Government should print money to pay off our debts
by Dante-Gabryell Monson 25 Nov '11

25 Nov '11

http://www.youtube.com/watch?feature=player_detailpage&v=SkesgECRXtM#t=97s On 24.11.2011 17:30, Arno Mong Daastoel wrote: Michael, Steve Keen gave a great interview on BBC World's *Hardtalk* this morning. He referred to you (my colleague Michael Hudson) and to Minsky. I recorded the whole interview and could put it on e.g. Youtube, if desired. Arno http://news.bbc.co.uk/2/hi/programmes/hardtalk/9641873.stm Should government pay off our debts?<http://news.bbc.co.uk/2/hi/programmes/hardtalk/9641873.stm> *Economist Steve Keen says we are already in another Great Depression. He advocates bankrupting the banks, nationalising the financial system and paying off people's debt* Economist Steve Keen is one of the few economists to have predicted the global financial crisis and now he says we are already in a Great Depression. He says the way to escape it is to bankrupt the banks, nationalise the financial system and pay off people's debt. He admits what he is advocating is radical but says it is time governments gave money to debtors to pay down debt instead of to creditors such as banks who have held onto it. Find out who is coming up on the programme by following us on Twitter.<http://twitter.com/bbchardtalk> _._,_.___ Reply to sender<[email protected]?subject=Re%3A%20BBC%20World%27s%20Hardtalk%20today%20-%20Steve%20Keen%3A%20Government%20should%20print%20money%20to%20pay%20off%20our%20debts>| Reply to group<[email protected]?subject=Re%3A%20BBC%20World%27s%20Hardtalk%20today%20-%20Steve%20Keen%3A%20Government%20should%20print%20money%20to%20pay%20off%20our%20debts>| Reply via web post<http://groups.yahoo.com/group/gang8/post;_ylc=X3oDMTJxbTQ2ajFjBF9TAzk3MzU5N…>| Start a New Topic<http://groups.yahoo.com/group/gang8/post;_ylc=X3oDMTJla2hsNW9xBF9TAzk3MzU5N…> Messages in this topic<http://groups.yahoo.com/group/gang8/message/16317;_ylc=X3oDMTM2aXIxcHJwBF9T…>( 2) Recent Activity: Visit Your Group<http://groups.yahoo.com/group/gang8;_ylc=X3oDMTJlOGIycXBtBF9TAzk3MzU5NzE0BG…> The gang8 list is devoted to Creditary Economics.

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Fwd: Review of Extreme Democracy - Underlies & Enhances #OWS
by Michel Bauwens 24 Nov '11

24 Nov '11

---------- Forwarded message ---------- From: Robert Steele <robert.david.steele.vivas(a)gmail.com> Date: Fri, Oct 21, 2011 at 1:10 AM Subject: Review of Extreme Democracy - Underlies & Enhances #OWS To: Robert.David.Steele.Vivas(a)gmail.com I bought this book in October 2010 because I was getting to know both Mitch Ratcliff and Jon Lebkowsky better, but at first pass through it did not really draw me in. Then OccupyWallStreet happened. I read the book on the flight from the US to Spain where I am talking about commercial intelligence and integrity in the messed up new world, and this time around, the book GRABS ME. Because #OWS has brought to life the ideas the co-editors and various contributing authors understood well before 2004 and articulated in 2004, now I can absorb this book as much more meaningful and inspirational. Anyone associated with OccupyWallStreet in any way from direct to indirect, should read this book. I am donating my copy to the George Mason University Library as I do all my new books (they took over my entire library when I joined the UN back in 2010). QUOTE 6): "Politics is always changing as a society incorporates new technology for disseminating information and connecting people." QUOTE (11): "The whole history of democracy and technology has set the stage for what happens next." In the first contribution Joichi Ito (now head of the MIT Media Lab) suggests that emergent democracy is an open process melding social software into democracy. I observe that no one now elected to office is serious about using social software to properly understand any issue or harness the collective intelligence of their constituency on any issue. Weblogs are digital grass roots equivalents. Helpful to remind ourselves that democracy is defined by having the supreme power vested in the people and exercised directly--NOT what we have today in the USA's inverted totalitarian democracy, see Democracy Incorporated: Managed Democracy and the Specter of Inverted Totalitarianism (New in Paper)<http://www.amazon.com/gp/product/069114589X/ref=cm_cr_asin_lnk> . Democracy NEEDS the competition ideas that in turn demand free speech. Rule by Secrecy is anti-democratic (and also enormously wasteful). See Griftopia: A Story of Bankers, Politicians, and the Most Audacious Power Grab in American History<http://www.amazon.com/gp/product/0385529961/ref=cm_cr_asin_lnk>and Rule by Secrecy: The Hidden History That Connects the Trilateral Commission, the Freemasons, and the Great Pyramids<http://www.amazon.com/gp/product/0060931841/ref=cm_cr_asin_lnk> . All of the authors share concerns with creemping restraints on the information commons and all of the authors are optimistic about the emergence of extreme democracy. For the latest book along these lines, see Peggy Holman's Engaging Emergence: Turning Upheaval into Opportunity<http://www.amazon.com/gp/product/1605095214/ref=cm_cr_asin_lnk> . >From Gary Johnson and so totally relevant to #OWS it is scary good: QUOTE (25): "In complex systems the role of the leader is not about determining direction and controlling followers. The leader maintains integrity, mediates the will of the many, influencing and communicating with peers and other leaders. The leader becomes more of a facilitator (or hub), and custodian of the process, than a power figure." The entire book is rich with footnotes and most of them provide URLs. Three types of network emergence: creative (smallest), social (middling), and political (largest). I myself am frustrated by #OWS spinning in circles over demands and grievances while failing to move aggressively on what US Day of Rage correctly (in my view) calls for as the singular demand: Electoral Reform. I like to say there is nothing wrong with America the Beautiful that cannot be set right immediately by restoring the integrity of our electoral process and hence our governance and hence putting corporations back into the box (they hold commissions from the public). Everything else is down in the weeds, in my view, but of course necessary to the process. QUOTE (32): "Weblogs create a positive feedback systems, and with tools for analysis lke Technorati, we can identify the importance of information at the political level by tracking its movement across the weak ties between networks and network levels." TRUST is a critical aspect--one governments no longer enjoy in most artificial nation-states--and the book as a whole is huge on both the process of creating public trust, and the means by which the public can carry out counter-surveillance on the government as well as corporations. QUOTE (38): "We can bootstrap emergent democracy using existing and evolving tools and create concrete examples of emergent democracy, such as intentional blog communities, ad hoc advocacy coalitions, and activist networks." Mitch Ratcliff articulates a deep confidence in people that I share (search for 2010 HUMINT Trilogy also Reflections on Integrity). QUOTE (60): Extreme democracy, taking a cue from the recent evolution of software development, 'extreme programming,' anticipates a politics based on lowered friction in communication that increases the diversity of ideas and opinions that can be brought to bear on the development of public policy." In other words, as I articulated in 1995 in a Government Information Quarterly article, we can create a Smart Nation that harnesses the distributed intelligence of the Whole Earth. NOT what the two-party tyranny wants to hear. QUOTE (76): "Emergence, to a great degree, is simply what we don't plan. How to arrive at the best possible unplanned outcome is what emergent democracy is about." I had to read that several times to appreciate the depth. It drives directly to the point that top-down hierarchies are not democratic, and that indigenous bottom-up consensus processes are. I have a note to the effect that extreme democracy crosses all boundaries and takes place in real time. In other words, it is the opposite of bureaucratic stove-pipes and special interest earmarks, and restores holistic analytics and long-term thinking. QUOTE (89): "A political philosophy must incorporate more than the experience of participation. An analysis of power, define ideas about the role of the citizen and the government, and the principles society will embrace about the value of the individual are required as well. See The Thirteen American Arguments: Enduring Debates That Define and Inspire Our Country <http://www.amazon.com/gp/product/0812976355/ref=cm_cr_asin_lnk>and also What Kind of Nation: Thomas Jefferson, John Marshall, and the Epic Struggle to Create a United States<http://www.amazon.com/gp/product/0684848716/ref=cm_cr_asin_lnk> . Several of the authors focus on the Howard Dean campaign and Joe Trippi's brilliance in the first cut of a political web that actually engaged people. The conclusions are generally negative--the first cut, while brilliant, clustered like-minded people but did not cope with actual issues. The web effort could also not overcome Dean's inherent problems with himself and others. The bottom line: the web aspect must help the totality (human-centered) address new challenges in a visibly effective manner. Rah rah and hand-holding are not enough. Real information, real issues, real people, real outcomes are essential. Steve Johnson focused on technology amplified collective action as the next big thing. He also hits hard on my biggest concern with #OWS, as shown below. QUOTE (100): "Influencing elections and legislation is the sene qua non of effectiveness." It is driving me mad that #OWS is mumbling about going after 2014 and 2016 seats when an Electoral Act of 2012 is online now, could be demanded on 6 November, and if not implemented by 15 February 2012, used to create a General Strike that flushes the US Congress down the toilet, and the two-party tyranny with it. Ken White makes the very important point that reform is not redesign. See Ideas and Integrities: A Spontaneous Autobiographical Disclosure<http://www.amazon.com/gp/product/0020926308/ref=cm_cr_asin_lnk>and Redesigning Society (Stanford Business Books)<http://www.amazon.com/gp/product/0804747946/ref=cm_cr_asin_lnk> . Valdis Krebs focuses on our biggest challenge right now: the atomized voter. He shows three levels of voting engagement: 01 The atomized voter 02 The demographic voter 03 The social voter He makes the point that strangers do not influence social voeters, and: QUOTE (124): "Instead of having strangers call voters, or knock on doors, the campaign should find well-connnected supporters and have them go out into their clusters." QUOTE (126): "The network strategy does not require a large war chest of political contributions. It does require time and energy and understanding of the social dynamics." I have a note: 100 million voters times $10 each is US$1 billion. 2012 is a do-able do if #OWS will integrate, adapt, and MOVE. Ross Mayfield gets into online communities, flash mobs and flash fund-raising, flash lobbying, participatory politics. Danah Boyd focuses on engaging people and engendering community. There are so many local to national design opportunities inherent in the economic crash (Wall Street can ignore reality, but reality will not ignore Wall Street) that I am actually positive about the near future. We are about to become "sane" as a nation and stop doing the wrong things at greater expense. Adam Greenfield contributes a chapter, "Democracy for the Rest of Us: the Minimal Compact and Open-Source Government" that I consider worthy of stand-alone circulation. He talks about portable citizenship and the open source world being flexible, adaptive, extensible, infinitely reproducible (#OWS!!), non-local, interoperable and mutual, and highly robust. QUOTE (211): "Whatever else it [extreme democracy] achieves, if anything, I hope you take from it the essential recognition it shares with open-source development: that we can teach ourselves what we need to learn, share whatever knowledge we glean, build on the insights of the others engaged in the same efforts. Just as the novice programmer is invited to "hack" open-source software, the minimal compact invites us to demystify and reengineer government at the most intimate and immediate level." We can hack democracy." Ethan Zuckerman offers some very important wisdom on the need to recognize the rest of the world - the five billion poor - as imminent beneficiaries of any tools, processes, and success that we enjoy, and I especially like his recognition that smart phones are not going anywhere fast in the extreme poverty world. There it is dumb phones and talk radio. I really really like his emphasis on how we should design tools (and networks) for all the world, not just the 1st world. Roger Wood is phenomenal in his focus on the FACT that all political, social, and economic structures boil down to the individual. QUOTE (248): "All initiatives are born, all decisions are made and all actions are taken by individuals. The individual human, uniquely endowed with the capacity for thought and reasoning, is the source of all political action. Power, as the ability to cause action in society, comes only from people." Adina Levin discusses specific tools and functions: 01 Dialog and deliberation (this is what the National Council for Dialog and Deliberation does, but their tools are non-existent) 02 Researching policies and strategies (this is the core of Open Source Intelligence (OSINT) and public intelligence 03 Educating public and the media (not well developed today) 04 Identifying supporters (#OWS has done that -- 99%) 05 Gathering and motivating supporters (this is where #OWS lacks a strategy, vision, funding plan, and political plan) 06 Raising money, mobilization (early days yet, I am certain we can raise $1 billion a year as a democracy subscription in the USA, much more once this migrates to the rest of the world). I put the book down with huge admiration and respect for all of the contributing authors and the two editors especially. I believe that the Arab Spring and the demonstrable Hypocrisy (search for Jon Lebkowsky Hypocrisy Video) of the current Administration were seed crystals for #OWS, and #OWS is a seed crystal for something much much larger that ultimates engages 300 million US voters and then billions of global voters. It is a rare privilege to be alive today and in association with Extreme Democracy. See Also: The Tao of Democracy: Using co-intelligence to create a world that works for all <http://www.amazon.com/gp/product/1591095204/ref=cm_cr_asin_lnk> Conscious Evolution: Awakening Our Social Potential<http://www.amazon.com/gp/product/1577310160/ref=cm_cr_asin_lnk> - - - - - - - *Review Permalink to Vote and/or Comment<http://www.amazon.com/review/R3J8Z2NQKKP6DQ/ref=cm_cr_rdp_perm> * -- P2P Foundation: http://p2pfoundation.net - http://blog.p2pfoundation.net Connect: http://p2pfoundation.ning.com; Discuss: http://lists.ourproject.org/cgi-bin/mailman/listinfo/p2p-foundation Updates: http://del.icio.us/mbauwens; http://friendfeed.com/mbauwens; http://twitter.com/mbauwens; http://www.facebook.com/mbauwens

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Re: [P2P-F] IMPORTANT: Value Networks - moving forward
by Michel Bauwens 24 Nov '11

24 Nov '11

can anyone help tib with contacting diaspora? Michel On Thu, Nov 24, 2011 at 5:39 AM, Tiberius Brastaviceanu < tiberius.brastaviceanu(a)gmail.com> wrote: > I am sad/*happy *to announce that we think we are about to make a leap > forward. > > *Sad *because SENSORICA's infrastructure, as it looks today, already > seams obsolete to me, so we need to almost start all over. > *Happy *because I strongly feel that this IS the right direction. > > I started a document where I am trying to clarify this new vision inspired > by some recent work of our friend Steve Boseerman. You are ALL invited to > participate. I can't wait to share it with you, even though it is still > very early in the process. I assume that technical minds > will easily grasp the idea even at this early stage of its development. > > https://docs.google.com/document/d/1xIrfwdg_Gc5ONhImvMWD2UVFIA78mYwYJd6Q4sp… > > > *Question:* > Is there a way we can involve the Diaspora team in infrastructure > development, expanding their p2p social platform to a p2p socio-economical > platform? Anyone can help with the matchmaking? > > > -- > t!b! <http://www.google.com/profiles/tiberius.brastaviceanu> > co-founder of SENSORICA <http://www.sensorica.co>, > an open, decentralized and self-organizing > value network (an open enterprise) > > founder of Multitude Project<https://sites.google.com/site/multitude2008/> > > Google Profile <https://plus.google.com/117593809719446924575/about> > Facebook Tiberius Brastaviceanu<http://www.facebook.com/profile.php?id=100000279944184> > Twitter @TiberiusB <http://twitter.com/TiberiusB> > > -- P2P Foundation: http://p2pfoundation.net - http://blog.p2pfoundation.net Connect: http://p2pfoundation.ning.com; Discuss: http://lists.ourproject.org/cgi-bin/mailman/listinfo/p2p-foundation Updates: http://del.icio.us/mbauwens; http://friendfeed.com/mbauwens; http://twitter.com/mbauwens; http://www.facebook.com/mbauwens

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News Literacy over the internet
by Jonathan Brough 24 Nov '11

24 Nov '11

Hi, I am studying whether web technology can promote News Literacy* by enabling news consumers to educate themselves about civic issues. Using an online survey I am sourcing the opinions of those versed in how news content is presented and processed. As a member of this mailing list my hope is that you possess an interest in this field. If you can spare approximately 3 minutes to complete this survey, located at http://www.surveymonkey.com/s/LKKDQBG, I would be most grateful and gladly forward you on the results in the new year. Kind regards, Jonathan Jonathan Brough Tallinn University of Technology Email: jbsinbox at yahoo.co.uk Skype: jon.brough * News Literacy has been defined as "how to use critical thinking skills to judge the reliability and credibility of news reports and news sources" (The Center for News Literacy, Stony Brook University) and "[the provision of] tools to be smarter and more frequent consumers and creators of credible information across all media and platforms" (Alan Miller, The News Literacy Project)

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Jeanette Winterson on bankers......................
by robert searle 24 Nov '11

24 Nov '11

The following maybe of interest. http://news.bbc.co.uk/1/hi/programmes/hardtalk/9634086.stm

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Fwd: EU Court of Justice: Censorship in Name of Copyright Violates Fundamental Rights
by Dante-Gabryell Monson 24 Nov '11

24 Nov '11

---------- Forwarded message ---------- From: La Quadrature du Net <jz(a)laquadrature.net> Date: Thu, Nov 24, 2011 at 10:53 AM Subject: [fcf_discussion] EU Court of Justice: Censorship in Name of Copyright Violates Fundamental Rights To: fcforum_discussion(a)list.fcforum.net La Quadrature du Net - For immediate release Permanent link: https://www.laquadrature.net/en/eu-court-of-justice-censorship-in-name-of-c… EU Court of Justice: Censorship in Name of Copyright Violates Fundamental Rights *** Paris, November 24th, 2011 — The European Court of Justice just rendered a historic decision in the Scarlet Extended case, which is crucial for the future of rights and freedoms on the Internet. The Court ruled that forcing Internet service providers to monitor and censor their users' communications violated EU law, and in particular the right to freedom of communication. At a time of all-out offensive in the war against culture sharing online, this decision suggests that censorship measures requested by the entertainment industry are disproportionate means to enforce an outdated copyright regime. Policy-makers across Europe must take this decision into account by refusing new repressive schemes, such as the Anti-Counterfeiting Trade Agreement (ACTA), and engage in a much needed reform of copyright. *** * Context: * In this very important case, Belgian collecting society SABAM had asked Belgian Courts in 2004 to mandate broad censorship mechanisms to block all unauthorised transmissions of copyrighted works by ISP Scarlet's subscribers [1]. The Belgian judge devolved the matter to the European Court of Justice (ECJ), asking EU judges the following question: “Does EU law allow a national judge to give an injunction for an ISP to filter all the electronic communications passing through its network?” * Analysis: * In its final ruling [2], the ECJ agrees to the advocate general's conclusions and stresses that such filtering measures have drastic consequences on freedom of expression and privacy, and that they should only be possible if they are explicitly prescribed by law. EU judges also suggest that these measures disrespect the eCommerce directive's prohibition of any obligation imposed on ISPs to engage in general monitoring of their users communications. * Consequence: * The ECJ ruling will have crucial consequence on Internet related law in all of the EU, especially now that the EU Parliament is starting to work on its consent vote on ACTA and as the Commission is working on the Copyright Enforcement Directive (IPRED). “As the war on culture sharing is fiercer than ever, this ECJ ruling comes at a timely moment. After the Promusicae ruling [3], it is a blow for the European Commission, which has implicitly supported the broad filtering schemes that the entertainment industries are pushing for [4]. The ruling stresses once again that instead of keeping on pushing for more repression EU policy maker should work towards a much needed reform of copyright that would protect citizens' freedoms. Rejecting ACTA and other extremist measures imposed in the name of copyright would be a first step.”, said Jérémie Zimmermann, co-founder and spokesperson of citizen advocacy group La Quadrature du Net. Beyond copyright, this decision also underlines the dangers of Net filtering and calls for an important democratic debate regarding their disproportionate nature. “After the report of the UN Special Rapporteur for freedom of expression pointing out the dangers of Net censorship, this ruling is another wake-up call. The relentless extension of filtering to new fields must be stopped, and lawmakers across Europe must commit to repealing any law enforcement measure that disrespects fundamental rights.”, concluded Jérémie Zimmermann. * References * 1. http://www.timelex.eu/en/blog/p/detail/the-sabam-vs-scarlet-case-will-be-co… 2. http://curia.europa.eu/jcms/jcms/P_82982/ 3. http://jolt.law.harvard.edu/digest/copyright/promusicae-v-telefonica 4. See our analysis of the Commission's working document on the revision of IPRED: http://www.laquadrature.net/en/lqdns-response-to-the-ipred-consultation According to the Commission, “injunctions often tend to be ‘title specific’. Rightsholders therefore have to provide a full list of titles when asking for an injunction and the injunction will normally relate only to the indicated titles, while infringements with a view to titles not contained in the list can continue.” Thus, the Commission is proposing to generalize the wide censorship scheme ordered by the first instance judge in the SABAM case by eroding the liability exemptions enjoyed by technical intermediary. ** About la Quadrature du Net ** La Quadrature du Net is an advocacy group that promotes the rights and freedoms of citizens on the Internet. More specifically, it advocates for the adaptation of French and European legislations to respect the founding principles of the Internet, most notably the free circulation of knowledge. In addition to its advocacy work, the group also aims to foster a better understanding of legislative processes among citizens. Through specific and pertinent information and tools, La Quadrature du Net hopes to encourage citizens' participation in the public debate on rights and freedoms in the digital age. La Quadrature du Net is supported by French, European and international NGOs including the Electronic Frontier Foundation, the Open Society Institute and Privacy International. List of supporting organisations: https://www.laquadrature.net/en/they-support-la-quadrature-du-net ** Press contact and press room ** Jérémie Zimmermann, jz(a)laquadrature.net, +33 (0)615 940 675 http://www.laquadrature.net/en/press-room ----- +info http://list.fcforum.net/wws/info/fcforum_discussion ----

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