July 2014 - P2P-Foundation - lists.ourproject.org

Fwd: [opennetcoalition] The Right to be Forgotten: Don't Forget the Rule of Law!
by Michel Bauwens 18 Jul '14

18 Jul '14

---------- Forwarded message ---------- From: La Quadrature du Net <contact(a)laquadrature.net> Date: Thu, Jul 17, 2014 at 7:30 PM Subject: [opennetcoalition] The Right to be Forgotten: Don't Forget the Rule of Law! To: opennetcoalition(a)laquadrature.net Themes: RIGHT TO BE FORGOTTEN, GOOGLE, DAPIX, PERSONAL DATA, PRIVACY, FREEDOM OF EXPRESSION, CENSORSHIP, ECJ La Quadrature du Net – For immediate release Permanent link: https://www.laquadrature.net/en/the-right-to-be-forgotten-dont-forget-the-r… The Right to be Forgotten: Don't Forget the Rule of Law! *** Paris, 10 July 2014 — On 10 July, the Working Group on Information Exchange and Data Protection [1] (DAPIX), in charge of the General Data Protection Regulation, worked on the regulation's Article 17, the “Right to be forgotten and erasure”. In this framework, the legislator must consider the harm to freedom of expression and information, harm which the law currently makes possible, and provide citizens with procedures that safeguard that freedom. *** The work of DAPIX – which is not made accessible to the public – comes after the 13 May 2014 judgment [2] by the European Court of Justice (ECJ) on a dispute between the Spanish Data Protection Agency and Google. This decision clearly states that a search engine is required to comply with a person's right to object to and erase data when the conditions as laid out by Directive 95/46 EC are met. While the court ruling defends the need for data protection, it fails to address the issue of finding a balance between the protection of personal data and the freedom of expression and information. In effect, the court handed the responsibility to find that balance to private search engines although they have neither the expertise nor the legitimacy to act as judge, thus clearly undermining the rule of law. Indeed, the ruling appeared to ignore the Advocate General's [3] warning to preserve the freedom of expression and information. Indexation through hypertext links for instance is a way to access and share information which is, or should be, protected by freedom of expression. Google responded promptly to the ECJ ruling, publishing a web form that allows Internet users to claim their right to be forgotten, confirming fears of seeing the principles of the Rule of Law violated. The US firm received more than 70 000 [4] requests (1 000 a day on average) and some high-profile media outlets, such as The Guardian [5] and the BBC [6], have already been directly affected, with articles de-indexed. The case of the BBC is particularly interesting as it appeared to concern Mr. Stan O'Neal, the former boss of investment bank Merrill Lynch, who is suspected to have made reckless investments that might have led to the collapse of the financial giant. The request however, was found to have not come from him, but from an Internet user who requested the de-indexation of his comment below the article. This case affects an important aspect of freedom of expression, that is the responsible speech, and demonstrates the potential dangers or even abuses posed by a badly conceived system that entrusts censorship powers to a private body, when that power should be under the sole control of a judicial authority. The ECJ case law clearly demonstrates that freedom of expression is insufficiently protected by the derogation set out in Article 9 of Directive 95/46 EC and referred to in Article 80 of the proposal of the European Commission, under discussion since January 2012. In fact, while current European legislation provides for derogation for personal data rights-holders for “journalistic purposes”, the European Court of Human Rights handed down several judgments that exemplified to what extent “journalistic purposes" are not always clearly defined. In the judgment Von Hannover vs. Germany, for instance, Princess Caroline of Monaco lost when she opposed the publication of a photo taken during family holidays. The court failed to find a violation of the right to privacy, not because Caroline of Monaco is a public figure, but because the images were accompanied by an article that reported on the Prince Rainier's uncertain health status, information considered of general interest. The ECJ judgment and the abuses already observed in the implementation of the right to be forgotten show that the balance between the protection of personal data and the freedom of expression and information deserves the greatest attention from the legislator. First of all, those shortcomings show that exceptions to the protection of personal data provided for freedom of expression have proven to be insufficient. Moreover, they show to what extent the weighing of those rights require the consideration of multiple elements that need to be processed in the framework of a fair trial and which can never be subject to an extra-judicial and consequently arbitrary decision. Finally and more generally, they pose the challenge of determining if the legislation on the protection of personal data constitutes the most suitable vehicle for the implementation of the right to be forgotten, when the information targeted has been disclosed to the public and falls within the scope of freedom of expression. “It is unacceptable that EU law allows extra-judicial censorship. Only a fair trial can ensure that an appropriate balance of rights and interests of each and every individual is reached. The judicial system, as the public guardian of our freedoms, is the only entity capable of finding the right balance between privacy and freedom of expression and information. It is essential that citizens can, at soon as possible, assert their claims before the court” said Jean Cattan, member of La Quadrature du Net's Strategic Policy Committee. “In order to reaffirm the balance between the right to data protection and freedom of expression and information, we call upon the Council to take into account the need to create a legal framework not only on data protection, but also on freedom of expression and information. This matter can not be addressed individually by the every single Member States: it requires a coordinated and holistic approach to stop the anti-democratic abuses that unfortunately already exist in some EU countries” concluded Miriam Artino in charge of the legal and policy analysis at La Quadrature du Net. * References * 1. http://register.consilium.europa.eu/content/out?lang=EN&typ=ENTRY&i=ADV&DOC… 2. http://curia.europa.eu/juris/document/document_print.jsf?doclang=EN&text=&p… 3. http://curia.europa.eu/juris/document/document.jsf?docid=138782& 4. http://www.telegraph.co.uk/technology/google/10955089/There-is-no-such-thin… 5. http://www.theguardian.com/commentisfree/2014/jul/02/eu-right-to-be-forgott… 6. http://www.bbc.com/news/business-28130581 ** About La Quadrature du Net ** La Quadrature du Net is an advocacy group that defends 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 ** contact(a)laquadrature.net, +33 (0) 972 294 426 https://www.laquadrature.net/en/press-room _______________________________________________ Opennetcoalition mailing list Opennetcoalition(a)laquadrature.net https://laquadrature.net/cgi-bin/mailman/listinfo/opennetcoalition -- *Please note an intrusion wiped out my inbox on February 8; I have no record of previous communication, proposals, etc ..* P2P Foundation: http://p2pfoundation.net - http://blog.p2pfoundation.net <http://lists.ourproject.org/cgi-bin/mailman/listinfo/p2p-foundation>Updates: http://twitter.com/mbauwens; http://www.facebook.com/mbauwens #82 on the (En)Rich list: http://enrichlist.org/the-complete-list/

2 1

Re: [P2P-F] [P2P-es] Ecuador as a state form, the proposal for a Partner State...
by james burke 18 Jul '14

18 Jul '14

Hi Xabier, Thanks for informing me of this list issue. After some testing this morning, it had been verified that subscribing to the list is broken. It's not subscribing people. We are waiting for our sys-admin team to take a look to resolve the problem. I'll get back to you once we have fixed it, Saludos, James On Fri, Jul 18, 2014 at 11:48 AM, xabier <xabier(a)sindominio.net> wrote: > > > On 18/07/14 02:38, james burke wrote: > > Hi All, > > > > It's rather late here in EU time. I have not banned anyone from the > > list. Maybe you tried to get on the list and could not get added. I'll > > take a look tomorrow. > > You have 3 pending requests of mine waiting for a aproval from last > couple of weeks > > > > > Which email address does this refer to? > > xabier(a)sindominio.net > > cheers :) > > x > -- > wget -O - http://sindominio.net/~xabier/xabier.gpg.asc | gpg --import > > xabier BARANDIARAN | http://www.barandiaran.net > > "There is no need for fear or hope, but only to look for new weapons" > DELEUZE > -- *Lifesized* James Burke *contact* Phone:+31 (0)6 5244 6445 Site: www.lifesized.net Twitter: https://twitter.com/lifesized Linkedin: nl.linkedin.com/in/lifesized -

1 0

Fwd: Facilitating the Creation of a Bee Safe Neighborhood
by Michel Bauwens 18 Jul '14

18 Jul '14

---------- Forwarded message ---------- From: David Braden <d-braden(a)comcast.net> Date: Fri, Jul 18, 2014 at 4:32 AM Subject: Facilitating the Creation of a Bee Safe Neighborhood To: Donald Studinski <dstudin(a)yahoo.com>, "Susan H. Bloomquist" < susanbee(a)stitch1.com>, Leo Kacenjar <lkacenja(a)gmail.com>, Joe Kottenstette < joekotten(a)gmail.com>, Rose Ann Bennett <enlightenedfinancials(a)gmail.com>, David Ward <david.e.ward(a)comcast.net>, Linda Nowakowski <lindern(a)gmail.com>, John Powers <incgarden(a)earthlink.net>, Doug Nelson I notice in myself that I sometimes compartmentalize the people I know on the basis of how I know them. We are, however, coming up on an opportunity to reach out to all your connections. On August 16 from 1:00 to 4:00 we will be holding the Facilitating a Bee Safe Neighborhood program. How can each of us contribute to creating a habitat safe for bees is an issue that affects every occupant of our habitat. We will have people who understand how to build gardens that work with nature's processes and people who are concerned about making their neighborhoods bee safe. Please help me spread the word. http://www.meetup.com/Greater-Denver-Urban-Homesteaders/events/177715932/ -- *Please note an intrusion wiped out my inbox on February 8; I have no record of previous communication, proposals, etc ..* P2P Foundation: http://p2pfoundation.net - http://blog.p2pfoundation.net <http://lists.ourproject.org/cgi-bin/mailman/listinfo/p2p-foundation>Updates: http://twitter.com/mbauwens; http://www.facebook.com/mbauwens #82 on the (En)Rich list: http://enrichlist.org/the-complete-list/

1 0

P2P credit formulated as Smart Contracts for ethereum
by Desperado PEREZ 18 Jul '14

18 Jul '14

Dear all Here some articles around *P2P credit *design, meant to be draft specifications of its development as ethereum www.ethereum.org Smart Contracts About *Sovereign Money* generated as P2P credit by the people 1. An article describing the main structure of the Equalitarian Peoples Associations and a reasoning about the main functions of the Commons Sovereigns, the legal tender currency, together with a governance model for economic collective decisions an voting system. http://desperado-theory.blogspot.be/2014/06/commons-sovereigns.html 2. An article about the P2P Credit smart contract. http://desperado-theory.blogspot.be/2014/06/p2p-to-b-credit-contract.html 3. An article about the P2B sovereign currency generated as credit. http://desperado-theory.blogspot.be/2014/07/p2b-sovereign-currency.html About *Commercial Money* generated as Enterprise auto-credit 1. An article about B2P type of currencies as a promise of goods. http://desperado-theory.blogspot.be/2014/07/b2p-type-of-currencies-as-promi… 2. An article about B2P currency mortgages http://desperado-theory.blogspot.be/2014/07/b2p-currency-mortgages.html 3. An article about B2P investments and profits http://desperado-theory.blogspot.be/2014/07/b2p-investments-and-profits.html 4. Commenting the differences of B2P currencies and a mortgage transfer of property mart contracts http://desperado-theory.blogspot.be/2014/07/b2p-currency-contract-versus-b2… <http://l.facebook.com/l.php?u=http%3A%2F%2Fdesperado-theory.blogspot.be%2F2…> Project in ethereum http://forum.ethereum.org/discussion/1009/the-people-s-republic-of-doug-eth… -- desperado.theory(a)gmail.com http://desperado-theory.blogspot.be/ https://sites.google.com/site/desperadostheory/ bitmessage BM-2DBczuZFQLHJfXRNymoVy5VpVGqUrPwbxA

1 0

Ecuador as a state form, the proposal for a Partner State...
by willi uebelherr 18 Jul '14

18 Jul '14

Dear friends, on the P2P-blog the discussion obout our relation to the state is going on. Ecuador as a state form, the proposal for a ‘Partner State’, and lessons for future Commons Transition Strategies http://blog.p2pfoundation.net/ecuador-as-a-state-form-the-proposal-for-a-pa… We can do this discussion in spanish or english. Also we can continue this discussion on the maillists. But like was Orsan Senalp wrote - we have to bring this two language spaces together. many greetings, willi Bogota, Colombia --- Quiliro wrote Great to see Michel’s and Willi’s great perspectives. I wonder what can be done in order to prevent the powerful from abusing the minorities or even the majorities in a stateless society as Michel states. Many times the majorities are manipulated in order to run over people that oppose the powerful, whether these powerful are part of the state or not. Other times, the powerful use violence and bureaucracy to exert their power over the majorities. What can we do in a stateless or stateful society against these abuses? --- my answer dear Quiliro and all, your question, i think, is the most important question. What we have to do for independence in our development of our life environment? Michel and Silke Helfrich think and say that we need the state as a partner state, as a cooperation partner. But we can see in Germany, what is going on. And we can see in Ecuador, what are the results of that. I give here to links to very different writings about the same situation. Dangerous practice of digital mass surveillance must be subject to independent checks and balances – Pillay http://www.ohchr.org/EN/NewsEvents/Pages/Media.aspx?IsMediaPage=true&LangID… Peer to Peer (P2P) Production as the Alternative to Capitalism – A New Communist Horizon http://www.networkedlabour.net/2013/05/peer-to-peer-p2p-production-as-the-a… Navi Pillay and Jakob Rigi act on the same themes on her different backgrounds and her different perspektives. State or people self organization. But this is a pre-step in our thinking and doing. This means, that the first is that we disolve our own slavery system in our thinking. If we create our own perspectives and our ways for that, then we can cooperate with all people without to lost our orientation for our future. Of course, the result is that we are self-responsible for our life and never we can go to any institution to ask for our life basics. We have to do self. But never alone. Here come in the Comunas. The local life community. We break the primitive dualism Individual or state. As single persons we live in communities. This are the constitutional elements for our bigger social societies. State never exist. It is a virtual construction. So, why we should follow any stupid production of thoughts of stupid persons? I don-t understand, why Michel and Franz Nahrada and many other follow this religion. many greetings, willi Bogota, Colombia

3 3

Re: [P2P-F] Ecuador as a state form, the proposal for a Partner State...
by willi uebelherr 18 Jul '14

18 Jul '14

Am 7/17/2014 2:30 PM, schrieb Quiliro Ordóñez Baca:> ... > I have removed CC of the Spanish mailing list. I will keep the CC > to the English mailing list even though I am not allowed to subscribe > to that list. I will give it a chance to be inclusive and avoid > censorship. Dear Quiliro, you are excluded from the P2P-F=list in english? Is that true and i have understand it correctly? It is unbelievably for me. And never i will accept this stupid action. James is the coordinator of this list. I hope, he can explain this on this list and for the receivers of this mail. Perhaps, it is a technical problem. But you, Quiliro, can explain it in more detail. I don't understand, what is going on in the sphere of P2P and free commons. We see so much stupidity in this environment. Not only in Ecuador. > My personal experience is that the state has protected me as well as > attacked me. I think that the "comuna" could be as evil as the state but > with less power if I am a minority. Even more, I have anonymity from the > state (before surveillance of course) which I do not have in the "comuna". > I know it from Europe and in particular in Germany. The young people fly in the anonymity. But it is a big illusion. Never you will find anonymity and never you can live in anonymity. Also in our comunal environment we need the "unity in diversity". The freedom to act with our specific creativity based on our general unity. I know, that some local communities can be very closed, very reduced in her cultural and philosophical space. But this is more a reaction as a result from continuous external paternalism. It is never a typical relation in small local communities. My experince with local communities in Latin America is very different to that of Germany and the german language space. And now we see also in the german language space, that the most power for an open discussion to our future comes from the small communities environment and never from the state institutions or the regional organisations. many greetings, willi Bogota, Colombia

2 2

Fwd: Re: [Research] [investigacion] english version of the summit declaration
by willi uebelherr 18 Jul '14

18 Jul '14

Dear friends, this answer from Quiliro to Michel is very important for the readers on this list. Is that true, that Quiliro from Ecuador is excluded from the P2P-F list? And also Bernardo? many greetings, willi Bogota, Colombia -------- Original-Nachricht -------- Betreff: Re: [Research] [investigacion] english version of the summit declaration Datum: Thu, 17 Jul 2014 10:11:43 -0500 Von: Quiliro Ordóñez Baca <quiliro(a)congresolibre.org> An: Michel Bauwens <p2pfoundation1(a)gmail.com> Kopie (CC): willi uebelherr <willi.uebelherr(a)gmail.com>, "research(a)listas.floksociety.org" <research(a)listas.floksociety.org>, Leopoldo Sanfuentes <alps(a)acm.org>, Michel Bauwens <michel(a)p2pfoundation.net>, Dania Irene Quirola Suarez <daniaquirolasuarez(a)gmail.com>, Franz Nahrada <f.nahrada(a)reflex.at>, jakob rigi <rigij(a)ceu.hu> El mié 16 jul 2014 05:42:16 ECT, Michel Bauwens escribió: > dear Quiliro, > > while things may look quietly on the western front, they may be less > than you think, > > after the public threats to publish my private emails so I wouldn't > publish an independent political evaluation, BG has systematically > targetted my associations, threatening to 'bring me down', promising a > bombshell, and trying to wean them away from the network promising > juicy flok contracts ... this is just the way they operate, and none > of us is going to change that .. That is a terrible thing. One thing is to try to make things clear for others and another is to try to destroy people. > there are particular group dynamics at work there, a paranoid style of > politics that dictates that who is not 100% with them, is necessarily > a dark enemy. Bernardo's case is typical, he was not there most of the > time, yet a few days after arriving, got convinced of their truths and > actively started to spread disinformation; even when I sent him > counterfactuals, he continued. > > It is one thing to believe someone out of loyalty and trust, but > another thing to continue to actively spread them when you already > know they are untrue, > > As for myself, I will of course never again work in this dynamic, and > I'm trying to ignore the many false accusation that BG is spreading, > > the danger is that we sink into negativity, which they seem to enjoy > as conquistadores, keeping us away from our constructive work, > > I'm trying to ignore these dynamics as best as I can, It is better to learn about them than to ignore them. It is happy to have been through something bad when we get over it and learn from it. I know you are not used to these defamatory and inflammatory tactics of these people because you have always managed yourself in good terms with everyone. But it is a signal of being close to the fire....And fire can make change! On another topic, I would like to ask why have I not been allowed to subscribe to the p2p-foundation mailing list and if it was a policy to ban Bernardo from it (as he writes to me that he was previously subscribed). I know he is a terrible person and that he is good at trying to look like a sheep when he is really a wolf. But it is important for me to distinguish FLOK management's attitude of censorship from P2P Foundation attitude of inclusion. To do so, it would be important that p2p-foundation mailing list would not incorporate any sort of censorship on its mailing list. -- Saludos libres, Quiliro Ordóñez 600 8579

1 0

Re: [P2P-F] [P2P-es] Ecuador as a state form, the proposal for a Partner State...
by willi uebelherr 18 Jul '14

18 Jul '14

Querido Bernardo, sí, es absolutamente cierto. Discúlpeme. Tenemos que escribir en ambos idiomas, si queremos hacer esto. Tal vez vamos a encontrar una manera de abrir las puertas cerradas. muchas saludas, willi Dear Bernardo, yes, it is absolutely true. Excuse me. We have to write in both language, if we want to do this. Maybe we will find out a way to open the closed doors. many greetings, willi Am 7/17/2014 1:33 PM, schrieb Bernardo Gutiérrez: > Estimado Willi > > Gracias por tu aporte. El idioma de la lista p2p-es es el español, por lo > que no es buena idea "to bring this two language spaces together" > imponiendo el inglés, como no lo es enviar el mismo mail a listas con > diferentes idiomas. Tú mismo criticaste a los que escribían en inglés a las > listas de FLOK. Lo correcto es enviarlo a diferentes listas, cada una con > su idioma, o escribir en todos los idiomas para todas > > Un abrazo > Bernardo > > Dear Willi > > Thanks for your comment. The commom language of p2p-es is Spanish, so I > think it is not a good idea "to bring this two language spaces together" > imposing English, as it is not a good practice to send the same mail with > just one language to different lists. You were critic with those who wrote > in English in FLOK lists. The proper could be to send the message in > different languages to different lists or to write in both languages and > send the message > > Best > Bernardo >

1 0

Fwd: important announces from the Free Knowledge Institute
by Michel Bauwens 16 Jul '14

16 Jul '14

---------- Forwarded message ---------- From: M. Fioretti <mfioretti(a)nexaima.net> Date: Wed, Jul 16, 2014 at 7:02 PM Subject: important announces from the Free Knowledge Institute To: Marco Fioretti <mfioretti(a)nexaima.net> Cc: kev.flanagan(a)gmail.com, michel(a)p2pfoundation.net Michel, Kevin, do you think the announce below may be worth and proper to repost on the p2p blog? http://freeknowledge.eu/new-start-fki-fta-2014 in any case, thanks in advance for spreading that link as much as possible. Thanks, Marco -- M. Fioretti http://mfioretti.com http://stop.zona-m.net Your own civil rights and the quality of your life heavily depend on how software is used *around* you -- *Please note an intrusion wiped out my inbox on February 8; I have no record of previous communication, proposals, etc ..* P2P Foundation: http://p2pfoundation.net - http://blog.p2pfoundation.net <http://lists.ourproject.org/cgi-bin/mailman/listinfo/p2p-foundation>Updates: http://twitter.com/mbauwens; http://www.facebook.com/mbauwens #82 on the (En)Rich list: http://enrichlist.org/the-complete-list/

1 0

call and texts
by Vasilis Kostakis 16 Jul '14

16 Jul '14

Dear all, This is a brief reminder for the library of the p2p lab containing free publications on the Commons and the p2p/open source movement ( http://p2plab.gr/en/publications) as well as the open call for visiting scholars & collaborators: http://p2plab.gr/en/call. We hope there are people in the nettime & p2pfoundation lists that will find these links of interest. Best, -- Dr. Vasilis Kostakis Research Fellow Ragnar Nurkse School of Innovation and Governance Research Director P2P Lab: http://p2plab.org

1 0