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U.S. Senate Ratifies Cybercrime Treaty

espo812 writes "A story from Washingtonpost.com says, 'The Senate has ratified a treaty under which the United States will join more than 40 other countries, mainly from Europe, in fighting crimes committed via the Internet.' Ars Technica says it's the 'World's Worst Internet Law.'" From the Ars story: "According to the EFF, 'The treaty requires that the U.S. government help enforce other countries' 'cybercrime' laws--even if the act being prosecuted is not illegal in the United States. That means that countries that have laws limiting free speech on the Net could oblige the F.B.I. to uncover the identities of anonymous U.S. critics, or monitor their communications on behalf of foreign governments. American ISPs would be obliged to obey other jurisdictions' requests to log their users' behavior without due process, or compensation.;"

192 comments

  1. I've Had It! by CWRUisTakingMyMoney · · Score: 5, Funny

    That's it! I've had it with the draconian laws put onto us by the US! I'm moving to Canada! Oh, wait. Shit.

    --
    Those who anthropomorphize science and/or nature already believe in an intelligent designer.
    1. Re:I've Had It! by packeteer · · Score: 4, Insightful

      Its sad but true that running away wont help. People need to stop talking about leaving the country and start standing up for what is right at home.

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    2. Re:I've Had It! by click2005 · · Score: 1

      That kind of talk gets you labelled un-american or a terrorist.

      --
      I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
    3. Re:I've Had It! by packeteer · · Score: 2, Insightful

      Im sure it is terrifying to the current government to imagine people standing up for themselves.

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    4. Re:I've Had It! by drsquare · · Score: 1

      How can you stand up for yourself when the majority of the population actually agree with the government?

    5. Re:I've Had It! by sdnoob · · Score: 1

      No, the majority of the population is too stupid to know what's best for them.

    6. Re:I've Had It! by Anonymous Coward · · Score: 0
      No, the majority of the population is too stupid to know what's best for them.

      You misspelled "indifferent". Or perhaps "fearful".
    7. Re:I've Had It! by sumdumass · · Score: 1

      And you know whats best for them? becaue your smart enough to rant about something?

      what qualifies you to determin this?

    8. Re:I've Had It! by werewolf1031 · · Score: 2, Insightful
      No, the majority of the population is too stupid to know what's best for them.
      I believe you meant, "the majority of the population is too stupid to care what's going on".
    9. Re:I've Had It! by moxley · · Score: 1

      They don't "agree with the government" - They believe the government's propaganda and they agree with the false face the government puts on things. If most these people knew how their government really works and what it's truly up to I think most people would fight it.

    10. Re:I've Had It! by drsquare · · Score: 1

      You're living in a dream land, Bush got re-elected because Americans agree with all the shit he gets up to.

    11. Re:I've Had It! by Anonymous Coward · · Score: 0

      The morons from Arstechnica would say that as they pull more crap online than anybody, including impersonating others and worse. Case in point: Jeremy Reimer, one of their article writer (who has no professional years of experience in this field, nor degree or even a certification). He was shown to have impersonated others on his forums, and outright shown to be a charlatan, unable to combat the person he did that too no less, on technical grounds in this discussion here

      http://www.windowsitpro.com/articles/index.cfm?art icleid=41095&cpage=189#feedbackAnchor

      Reimer and all of his "great talented arstechnica" pals got their asses handed to them badly. They came following that guy around that forum and many others over time (I'd witnessed a few) and every time he just made them look like idiots when push came to shove on the grounds this field is about, technical ones. Their geek angst got the better of them. They talk a lot & spit back already known knowledge, but when push comes to shove? Their true colors came bleeding thru, after being so soundly beaten, 1 by 1, 100's of them vs. 1 person only.

    12. Re:I've Had It! by SanityInAnarchy · · Score: 1

      Because we're right.

      Or do you really think we're wrong?

      --
      Don't thank God, thank a doctor!
    13. Re:I've Had It! by sumdumass · · Score: 1

      On this one I do.

      Just think about all the russian(read foreign) hackers/cracker who stole credit car information and ran someone elses credit into the ground and then when trying to piece thier life back together they hear the law enforcment saying "well, it seems thier form country X and it that country doesn't seem to have any laws covering this. There is nothing that can or will be done about it.". I'm sure thier wanting this treaty because of what it can fix when they saw it as being wrong.

      Also, to get even more picky about things the government does, Almost everyone outside the bush haters who have actualy listened to anything going on about the phone tapping from sources other then bush haters, think it is a nessecary step and actualy credit bush for sticking his neck out to protect american citizens. The also listen to the whole story wich seems to be that only calls to and from "known terrorist" are being listened in on. Although you couldn't gather that from those who have an axe to grind with him. Nobody in the loop (including the democrates that were informed) claim he is listenting in on random calls.

      The war too has some erie likings too. The majority of people (americans) who aren't bush bashers see a link to iraq and terrorism wich has been shown numerous times buyt cionsistantly refuted by bush bashers. Also, they think that by taking the war to them, the terrorist aren't striking here. The bush bashers are doing a good job of reenforcing this view by all the yelling about soldiers and iraqi cirizens dieing from terrorist attacks in iraq.

      It isn't that your right and thier wrong, it is about whats important to them and you. Obviously it isn't the same thing. But that doesn't make them stupid, wrong or idiots. It makes them americans who care about different thing then bashing the administratation. It makes them americans who are willing to send troops to intercept terrorist at all costs so they can continue grinding away at thier meaningless lives.

    14. Re:I've Had It! by packeteer · · Score: 1

      think it is a nessecary step and actualy credit bush for sticking his neck out to protect american citizens

      If by citizens you mean corporatizens...

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    15. Re:I've Had It! by sumdumass · · Score: 1

      No, I mean real live people. Corporations are probably a given but i havn't talked to any of those to get a feel on thier impressions.

    16. Re:I've Had It! by packeteer · · Score: 1

      Above you said "The majority of people (americans) who aren't bush bashers see a link to iraq and terrorism wich has been shown numerous times buyt cionsistantly refuted by bush bashers."

      One major reason why people BECOME Bush bashers is becuase they realize we were lied to about iraq/terrorism and that makes them into bush bashers. You are correct that on both sides of the politcal spectrum there are zealots who hate the other side no matter what but most people are not that way. Fortunatly most people are reasonable and use logic to make decisions.

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
  2. Well, the term "worst" depends upon whether by ScrewMaster · · Score: 4, Insightful

    you think the Internet, as it is now, is a good thing or a bad thing. If your intent is to make the Internet simply too risky for ordinary people to use, then this is an excellent law.

    --
    The higher the technology, the sharper that two-edged sword.
    1. Re:Well, the term "worst" depends upon whether by Anonymous Coward · · Score: 5, Insightful

      For those of us who disagree, there is a movement called anoNet that created a seperate internet. In early 2005, a few people fed up with the way the Internet was heading, began in earnest to create a large wide area network that was secure and lived in its own space. On this new network anyone would be free to do as they saw fit - roam about, host services, or just be social without fear of being monitored or even worse censored. The first step to bring this network to fruition was to encrypt the information that normally travels across the Internet.

      anoNet is a full IP network with many users, an IRC network, wiki, SILC, email, web, PGP, and much much more. For more information: http://www.anonet.org/ or http://anonetnfo.brinkster.net/

    2. Re:Well, the term "worst" depends upon whether by Wrath0fb0b · · Score: 0, Flamebait

      With all due respect to the noble goals of such an enterprise, these anonymous networks quickly degenerate into places where child porn gets spread (browse Freenet for while).

      Privacy is not a shield behind which to hide illegal activity - allowing them to do so works against our goals (by "our goals", I mean the right to keep you private legal activities private).

    3. Re:Well, the term "worst" depends upon whether by Alsee · · Score: 1

      Doh! How stupid of me! You're right. We should criminalize Xerox machines because they can be used to copy kiddyporn.

      Privacy is not a shield behind which to hide illegal activity

      Ahhhhh! Now I get it! We cannot permit criminals to use privacy as a shield to hide illegal activities, therefore we must make it criminal to have and use privacy at all as a shield to hide anything. If you try to have any privacy as a shield to hide anything, we must make you a criminal because someone else might be a criminal.

      If you're innocent, you have nothing to hide and nothing to fear.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:Well, the term "worst" depends upon whether by ScrewMaster · · Score: 1

      Privacy is not a shield behind which to hide illegal activity

      Of course it is, because the only way that privacy could not be so used is to eliminate privacy for all purposes, legal or otherwise. That is implicit in the way or legal system and law enforcement have traditionally dealt with personal privacy: it can be violated, if necessary, but only upon good and sufficient cause. Granted, that is changing and not for the better (as in "no cause whatsoever.") Furthermore, this focus on eliminating personal privacy in order to root out "pornography" or "terrorism" or any of a number of other irrelevancies has nothing to do with prosecuting criminals. It has to do with advancing the power of the State, no more and no less.

      Look, criminals have just as much of a "right" to hide their activities from public view as I have to hide mine, or you to hide yours. That may offend your sensibilities, but it's true, because until they are apprehended and convicted of a crime, they have the same rights as everyone else. More importantly, in order to keep whatever rights we may have in that regard, we have to let the bad guys have the same, because the government will cheerfully take them away from all of us. Difficult concept, I know, but from the perspective of a free society it's the only one that works.

      --
      The higher the technology, the sharper that two-edged sword.
    5. Re:Well, the term "worst" depends upon whether by novus+ordo · · Score: 1
      I mean the right to keep you private legal activities private
      Except now you dont know what is legal. Especially now that there is 40 countries with their respective laws in different languages. Have fun being extradited to the Republic of X because Y is illegal there. (Psst: be careful who you piss off)
      --
      "You're everywhere. You're omnivorous."
    6. Re:Well, the term "worst" depends upon whether by sowth · · Score: 1

      Be careful. You could be arrested. The word "piss" is a naughty word in some contries.

  3. Hmm... by Poromenos1 · · Score: 3, Insightful

    I believe that what's happening now is the result of someone reading 1984 and thinking "hmm, good idea!"

    --
    Send email from the afterlife! Write your e-will at Dead Man's Switch.
    1. Re:Hmm... by mikeisme77 · · Score: 1

      I find it really sad that the parent was modded insightful... not so much because I don't think it's true, but because it's so true that the moderators chose to mod it insightful instead of funny... Now I almost feel bad about laughing at this piece of comic gold...

    2. Re:Hmm... by Alsee · · Score: 1

      More like someone reading 1984 and snearing at Orwell as such an amature.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    3. Re:Hmm... by hacker · · Score: 1
      I believe that what's happening now is the result of someone reading 1984 and thinking "hmm, good idea!"

      Instead of them treating Orwell's 1984 as a warning, they're treating it like a guidebook on how to run the Government. "Look, a HOWTO!"

      Scary times indeed, where $9B goes "missing" in Iraq, after being hand-flown there (google it), and where 11 MILLION people marched on their state capitols to protest this conflict in Iraq (not a "War", since Congress has not declared war against Iraq), and Bush called those 11 million people "a focus group".

      If 11 million people can't affect change, what will it take? Civil war?

    4. Re:Hmm... by Malakusen · · Score: 1
      Instead of them treating Orwell's 1984 as a warning, they're treating it like a guidebook on how to run the Government. "Look, a HOWTO!"


      "Somebody should tell the administration that 1984 is a warning and not a guidebook" was my internet signature for a long time.
      --
      Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to conviction
  4. Being in the UK... by ettlz · · Score: 1

    I for one am glad that... ah, nevermind... move to Canana... shit, sibling poster ruled that one out too.

  5. Liberty Trade by Anonymous Coward · · Score: 1, Insightful

    Does this mean we can expect foreign countries to go after spammers and phishers conducting their business outside the US? Uh huh, right. Thought so.

    Damn, I guess I'll never get my $ back from that...um...medication I ordered.

    1. Re:Liberty Trade by Anonymous Coward · · Score: 0

      Uh. The USA is by far the worst offender when it comes to spam. Honestly, we'd much rather you lot (the USA, a foreign country to us here in Ireland) shut down the spammers inside the USA. But since the most effectively way of doing that would be to move home users away from your precious Microsoft Windows (since windows+broadband+idiot is a recipe for instant spam zombie), I guess that's not going to happen.

  6. Clearly a Constitutional Issue by vodkamattvt · · Score: 4, Interesting

    An international treaty is considered law here, but that does not mean it is immune from constitutional questions. This treaty must be balanced with the bill of rights, so there is obviously lots of litigation in the future if it is actually enforced ...

    1. Re:Clearly a Constitutional Issue by mark_hill97 · · Score: 3, Insightful

      Indeed, the framers intended for the Congress to make law, not enforce it. That is left up to our executive branch. Well, shit we are screwed 2 ways there as the NSA case has already shown us. Fortunately our courts are not so easily bought, or so we hope. The balance of power is very skewed in this and finding a way out of this treaty may prove dificult.

    2. Re:Clearly a Constitutional Issue by jlowery · · Score: 4, Informative

      Interesting information from Wikipedia:

      "The U.S. is not a party to the Vienna Convention. However, the State Department has nonetheless taken the position that it is still binding, in that the Convention represents established customary law. The U.S. habitually includes in treaty negotiations the reservation that it will assume no obligations that are in violation of the U.S. Constitution. However, the Vienna Convention provides that states are not excused from their treaty obligations on the grounds that they violate the state's constitution, unless the violation is manifestly obvious at the time of contracting the treaty. So for instance, if the US Supreme Court found that a treaty violated the US constitution, it would no longer be binding on the US under US law; but it would still be binding on the US under international law, unless its unconstitutionality was manifestly obvious to the other states at the time the treaty was contracted. It has also been argued by the foreign governments (especially European) and by international human rights advocates that many of these US reservations are both so vague and broad as to be invalid. They also are invalid as being in violation of the Vienna Convention provisions referenced earlier."

      http://en.wikipedia.org/wiki/Foreign_policy_law_of _the_United_States

      AFAIK, the constitutionality of any treaty has yet to be tested. As in matters of military law, SCOPUS might be very reticent to take on a treaty case involving international agreements.

      --
      If you post it, they will read.
    3. Re:Clearly a Constitutional Issue by mcrbids · · Score: 1

      An international treaty is considered law here, but that does not mean it is immune from constitutional questions. This treaty must be balanced with the bill of rights, so there is obviously lots of litigation in the future if it is actually enforced ...

      Did you forget the most important part?!?!

      IANAL

      Because it's obvious you aren't.

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    4. Re:Clearly a Constitutional Issue by LifesABeach · · Score: 1

      Ya, I'm thinking along the lines of this parent comment. But what if one of those 40 pupet states is muslum? Does that mean they have the right to "extridite" someone because their female avitar doesn't wear a Burka? Or does a male avitar beat the female avitar with a stick for not wearing a Burka? But! Wait a minute! What if one of those 40 pupet states refers to President Bush's web site as the "Great Satin?" Could they extridite him?

    5. Re:Clearly a Constitutional Issue by vodkamattvt · · Score: 1
      Article VI of the Constitution

      "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land"

      When two things that are said to be the supreme law of the land ... they must be balanced by the courts. Explain, in your expansive legal expertise, why I am wrong.

      Furthermore, IANAL, but constitutional law is of interest to me and I do have some basic knowledge in such since it happens to be a main part of my college degree.

      I would like to point out that there is not that much of a case log to go on in this area, especially in regards to new communication technologies like the internet (yes the internet is "new" to the courts). And that the problem of treaties superceeding the US constitution is not new either, and there is much debate and not much actual case law one way or the other.

    6. Re:Clearly a Constitutional Issue by vodkamattvt · · Score: 1
      From what I see that is outside the scope of the intended function of the law. A more contemporary example is child pornography. In Ashcroft v. Free Speech Coalition, pornography that is neither obscene under Miller or produced by exploitation of children under the Ferber test was declared constitutionally protected. The law in question said any material that "appears to be" or "conveys the impression" it involves a minor was illegal. It was struck down as overbroad.

      Other nations have stricter laws obviously. My comment was that when there is a question of constitutionality (and there will be), what side wins? The treaty and the other states law, or our constitution. Many instinctively say our constitution, but this is not set in stone. The US basically picks and chooses when to follow international conventions, as pointed out by the previous poster with the geneva convention, and I expect it to continue to do so. When the court gets involved we should have futher clarification.

    7. Re:Clearly a Constitutional Issue by sgt_doom · · Score: 1
      Whoops! Another poor soul out of the loop!

      I'm afraid the WTO charter supercedes everything...stay well-armed.....

    8. Re:Clearly a Constitutional Issue by Chowderbags · · Score: 1

      IANAL, but wouldn't the "under the Authority of the United States" preclude any treaties which violate the constitution? I.E. Since Congress can't abridge freedom of speech, they also shouldn't be able to enter into a treaty which abridges free speech. Then again, given things that have managed to pass, I'm getting some nasty doubts. :\

    9. Re:Clearly a Constitutional Issue by TFGeditor · · Score: 3, Informative

      From TFA: The Convention on Cybercrime does recognize this, and to its credit provides a set of exceptions to mutual assistance that should help prevent the worst abuses. The Convention does require members to adopt similar legislation on the following issues: illegal access, illegal interception of computer data, data interference, system interference, misuse of devices, computer-related fraud and forgery, child pornography, and copyright violations "on a commerical scale." The goal of the treaty is not to let the Chinese crack down on dissidents living in America, however, and so countries may refuse to cooperate with requests that involve a "political offence" or if a country believes the request would "prejudice its soverignty, security, ordre public or other essential interests." The US Department of Justice has already announced that "essential interests" would allow the US to refuse any request that would violate the Constitution.

      Given these safeguards, fears of political persecutions seem overblown, as do concerns that these requests will simply be issued directly from Beijing (which is not a signatory) to Comcast HQ without court oversight.

      --
      Ignorance is curable, stupid is forever.
    10. Re:Clearly a Constitutional Issue by Aneurysm9 · · Score: 1

      It could just as easily be argued that "under the Authority of the United States" refers to the authority to enter into treaties and not the authority to pass other laws. The first part of the Supremacy Clause clearly limits supremacy to laws passed pursuant to the Constitution but the same language does not appear with respect to treaties. It's a well established cannon of construction that if a legislator has demonstrated an ability to make distictions in one section of a law and fails to make the same distinction elsewhere, that distinction should not lightly be implied where it is not made. I'm not saying that treaties shouldn't be limited by the Constitution, I think they should be, I'm simply saying that it's not as clear cut simply looking to the language of the Supremacy Clause.

      --
      There was Cowboy Neal at the wheel of a bus to never-ever land.
    11. Re:Clearly a Constitutional Issue by Anonymous Coward · · Score: 0
      What if one of those 40 pupet states refers to President Bush's web site as the "Great Satin?"


      Uh... they sentence him to wear really shiny fabrics? :-)

    12. Re:Clearly a Constitutional Issue by sumdumass · · Score: 1

      The consitution says it is the supream law of the land. It also states that all laws and treaties shall be made in acordance with the constitution. This is the means that the courts are able to strike down laws and treaties that go against the constitution.

      Now, i'm not going to claim that courts are going to strictly enforce the constitution so you might be right to worry, it isn't set in stone. This is especialy troubling were the debate around federal and supream court apointies hang alot on and apointe's opinion of wether a strict interpretation of the constitution or a living interpretation were the publics changing interest and morality have to be considered when interpreting the constitution. A problem with this living version is that it has become popular to include certain rights that wern't intended by liberal interpretations thereby creating laws that werre never ment to exist. This isn't too bad as long as the public sentiment is for allowing more freedoms in certain situations but it lends itself to the exact reverse effect if the public's attitude goes south.

      Imagine the second amendment becomeing a living rule and instead of a malitia be neccesary for a free state, meaning people should be skilled in defending so they can be called apon to serve as a malitia, it turns into meaning everyone needs to serve in a military branch and the right to keep and bear arms turns out to mean you have the right to wear short sleeved shirts.

      Or imagine the first amendment turning into something totaly different. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof becoming certain recognized religions with different denominations and all other non worthy religions become cults. or abridging the freedom of speech, or of the press; turns into meaning you can talk while pressing apples into cider and he right of the people peaceably to assemble, and to petition the government for a redress of grievances. turns int meaning everyone can attend the highschool assembly, they can take petitions to government offices so state workers can sign them let the public know about the grieving over a lost loved one.

      I guess i got off the subject alot. My point is, unless we start interpreting the constitution differently, it should retain the ultimate say so regurding this treaty and any situations arising from it.

    13. Re:Clearly a Constitutional Issue by mazarin5 · · Score: 1

      IANAL myself, but it was my understanding that a treaty is not law, but an agreement to make a law, because there is no international body that has legislative authority over the US. This allows us to honor treaties in the context of our own political system.

      --
      Fnord.
    14. Re:Clearly a Constitutional Issue by amliebsch · · Score: 1

      Ok, I'll admit I'm stumped. What's SCOPUS?

      --
      If you don't know where you are going, you will wind up somewhere else.
    15. Re:Clearly a Constitutional Issue by Lord+Apolon · · Score: 1

      I believe he meant SCOTUS, not SCOPUS, in which case it's the Supreme Court of the United States.

    16. Re:Clearly a Constitutional Issue by jaelle · · Score: 2, Informative

      My, you are a trusting soul, aren't you?

      Remember Guantanamo? Our illustrious leaders might "choose" not to enforce unconstitutional requests...but they don't *have* to. That's what makes it obscenely scary. They're more likely to enforce it selectively, as power is *always* wont to do.

      --
      You have the right to remain silent. Anything you say will be misquoted, then used against you.
    17. Re:Clearly a Constitutional Issue by general_re · · Score: 1
      And that the problem of treaties superceeding the US constitution is not new either, and there is much debate and not much actual case law one way or the other.

      Actually, that's quite wrong - there's lots of case law on the subject of treaties and executive agreements WRT the Constitution, and it's generally quite consistent. Start with Reid v. Covert, 354 US 1 (1957), and work your way backwards.

      --
      ABSURDITY, n.: A statement or belief manifestly inconsistent with one's own opinion.
    18. Re:Clearly a Constitutional Issue by Aneurysm9 · · Score: 1

      In the US, under the Supremacy Clause, ratified treaties have the force and effect of law. Now, the Convention on Cybercrimes, to the best of my memory, is written so that it isn't self-effecting, but does require contracting parties to enact laws implementing the treaty. We wrote a draft implementing act in my cybercrimes seminar in law school and, although there are ways to build in safeguards, the Convention still requires that we enact laws giving other contracting parties certain rights with respect to data and persons in the US.

      --
      There was Cowboy Neal at the wheel of a bus to never-ever land.
    19. Re:Clearly a Constitutional Issue by jlowery · · Score: 1

      Could have been worse. I could have typed SCROTUS.

      --
      If you post it, they will read.
    20. Re:Clearly a Constitutional Issue by eionmac · · Score: 2, Insightful

      Then why is the exact reverse, folk,who committed no crime under UK law in the UK. have been extradited to USA for a supposed crime under USA laws?

      You cannot have it both ways.

      We are waiting for USA to ratify the extradition treaty under which they extradited the UK folk on, so we in UK can nail over 430 persons in USA who financed terrorism on UK soil.

      --
      Regards Eion MacDonald
    21. Re:Clearly a Constitutional Issue by tanner_andrews · · Score: 1
      they must be balanced by the courts. Explain, in your expansive legal expertise, why I am wrong.

      Balancing is rather limited in such a case. The U.S. Constitution provides that both treaties and statute law shall be supreme law of the land, meaning that they will over-ride state law.

      The U.S. Constitution limits what Congress can effectively pass. Marbury v. Madison, 5 U.S. 137. The courts get to say what the law is. Id.

      Beyond that, the courts typically presume that a later-enacted thing supercedes any previosly-enacted thing, unless it provides otherwise. Therefore a later-enacted treaty would over-ride any previous statute law. It could not, however, over-ride the U.S. Constitution.

      That said, however, the rights actually protected by the U.S. Constitution are rather limited. If it isn't named there, you just don't have it. U.S. Cruikshank, 92 U.S. 542. There is no express right not to be sent off to a foreign land for something that is not a crime here, such as criticizing the butchers of Beijing or sounding off against Red China generally, just as there was no right to not be killed for trying to vote in Cruikshank.

      You hope for good sense from your judges. But you do get decisions like Cruikshank and Kelo; there is sometimes a gap between what we hope for and what we get.

      Why, yes, I am a lawyer. But I am not your lawyer. Disregard above material.

      --
      Tilt at windmills. Occasionally one will fall over out of sheer surprise.
    22. Re:Clearly a Constitutional Issue by sgt_doom · · Score: 1
      Wow! You must be absolutely right. The fact that past presidents (Clinton) and present President Bush, have given China missile technology (Clinton) and smart bomb technology (Bush), and all the jobs possible (their corp overseers) gives me absolute confidence in your post.

      And this from the same administration where question is NOT what acttions of theirs have been unconstitutional, but what actions have theirs HAVE been constitutional. Stay well-armed.....

    23. Re:Clearly a Constitutional Issue by Chuu · · Score: 1

      Some interesting precident. International patent applications can be filed in the US under the PCT -- Patent Cooperation Treaty. On aspect of patent law is that a patent can be divided up into multiple patents by the examiner if it is found to violate certain rules. The US follows a standard described as "independent and distinct," the EPO (and the wording in the PCT) follows a standard called "unity of invention." They are very different.

      The USPTO used to restrict applications filed under the PCT using their own "independent and distinct" standard, until an international applicant appealed. It went up to the federal circuit, where it was ruled that it must be restircted under the "unity of invention" standard. The Supreme Court refused to review.

      The unity standard is a *MUCH* looser standard then ours. As an interesting consequence, many companies now file Patent Applications via the PCT in the United States even if they reside in the US to get the less strict standard (as well as some other legal loopholes that exist in PCT-land). Essentially they chose to be held to international law because they find it favorable to domestic law in specific cases.

      I've always wondered how many other areas people can pick-and-choose what standard to be held to like this.

    24. Re:Clearly a Constitutional Issue by Moridin42 · · Score: 1

      Out of curiousity.. Why is the UK honoring a request made by the US under a treaty the US hasn't ratified?

      --
      I don't expect morality, equality, consistency, or justice from the law. I expect only legality.
    25. Re:Clearly a Constitutional Issue by plague3106 · · Score: 1

      Beyond that, the courts typically presume that a later-enacted thing supercedes any previosly-enacted thing, unless it provides otherwise. Therefore a later-enacted treaty would over-ride any previous statute law. It could not, however, over-ride the U.S. Constitution.

      It would seem than that no treaty could override the First Amendment, since it IS part of the constitution, correct?

    26. Re:Clearly a Constitutional Issue by plague3106 · · Score: 1

      That said, however, the rights actually protected by the U.S. Constitution are rather limited. If it isn't named there, you just don't have it. U.S. Cruikshank, 92 U.S. 542.

      How does that wash with the Ninth and Tenth amendments?

    27. Re:Clearly a Constitutional Issue by eionmac · · Score: 1

      We do not know the 'private promises' of Blair to Bush, but it is connected.
      The 'Law' found that they could have been extradited under the old treaties, but the USA would have had to provide all evidence in an open UK court to confirm a crime had been committed. This is presumed (we do not know) to have been embarrasing to Bush administration. There seems some private high government reason for Blair to 'co-operate' by withdrawing all opposition in his party to acting on an unratified treaty. As you say we can only have "the law".

        This action has lost the USA a lot of private support, and may cost USA dear in years to come as it is generating an unwelcome "anti-USA" subtext in UK politics, which will live on well after a few bankers do time.
      I would not want to be rude but we hear the phrase "UK under Blair is now the willing
      buggaree of Bush".

      --
      Regards Eion MacDonald
    28. Re:Clearly a Constitutional Issue by Moridin42 · · Score: 1

      Ah.. not to be indelicate.. but.. then shouldn't UK citizens also be generating an anti-Blair (and.. Labour? party) sentiment right alongside that anti-US subtext?

      There are times, a great many of late, when I (I'm a US citizen) dislike or despise what the US government is doing, both domestically and abroad. But there are also times when the US catches flak from other countries. I usually find such occurances amusing. We get bashed for being heavy-handed in some international affairs. Only to then be bashed for not taking enough involvement in other international affairs. I don't mind (indeed, I even encourage) for citizens of any country to be openly critical of the US ... when such criticism is due. There's certainly no need to go shoe-horning the US into the blame for all the world's ills. There's plenty as is.

      Not, you understand, that I'm implying that criticism is undeserved in this case. I don't really know enough to comment about how stupid it is to burn political goodwill to extradite a couple of bankers. I just .. know enough to comment about how stupid it seems.

      --
      I don't expect morality, equality, consistency, or justice from the law. I expect only legality.
    29. Re:Clearly a Constitutional Issue by eionmac · · Score: 1

      Thats happening as well. 60% labour party paid up members want Blair out. Mainly the ladies who put him in.

      Unlike a USA president, he is still in his first term as "First Lord of the Treasury", his official post, 'prime minister' is the shorthand title,(his commission with vice-regal powers as FLotT is continuous,it does not stop if he wins an election, after first election win, but he could be dismised if Her Majesty gets annoyed).Many hope her forbearance will be limited, and she may yet act i.e.'rule' not 'reign' before an election is due..

      An old scots poet said. "we can only suffer the law".Regards to USA, I lived there for some time, your Congressional Enquires make us think our royal commission of enquiry powers need strengthening

      --
      Regards Eion MacDonald
    30. Re:Clearly a Constitutional Issue by Moridin42 · · Score: 1

      Thank you for the information. It has prompted me to go read up on UK government. Nothing too in-depth as peerage, precedence, and titles are a bit ... much to me to absorb. Interesting stuff, though.

      I sort of wish we had motions of no confidence. On the other hand, I don't think much of any of the prominient American politicians. Kind of frustrating to know that no matter who happens to be in office, I get screwed.

      --
      I don't expect morality, equality, consistency, or justice from the law. I expect only legality.
    31. Re:Clearly a Constitutional Issue by LifesABeach · · Score: 1

      Stop It! Now I just spit coffee all my keyboard. :o)

  7. It's like Wikipedia... by RyanFenton · · Score: 2, Interesting

    Sounds like this law is somewhat like Wikipedia, just without the editors or limited content control. Any nation can add their own contributions to things that people should be punished for, and have it be law everywhere.

    Can treaties be considered unconstitutional? It seems to me that the whole point of the constitution was to limit what laws could be made, with anything not permitted prohibited in the light of the inherent rights of mankind. This unlimited law-by-treaty seems rather destructive to the whole point of the constitution.

    Ryan Fenton

    1. Re:It's like Wikipedia... by Tim_sama · · Score: 0

      Sounds like this law is somewhat like Wikipedia

      So you're telling me that within this law, Oregon is Idaho's Portugal?

    2. Re:It's like Wikipedia... by The+MAZZTer · · Score: 1

      Treaties can be unconstitutional. The League of Nations, the precursor to the UN, was formed by the US, but Congress ruled that the US could not join it (some issue of constitutionality). Without the support of the US it didn't last long as I understand.

      And the Wiki thing seems about right, except you can't remove contributed content without closing up the whole Wiki (just think how bad Wikipedia would look if you couldn't remove vandalized content).

    3. Re:It's like Wikipedia... by Arcane_Rhino · · Score: 1

      This is why, whether you agree with them or not, SCOTUS decisions based upon considerations of international law and social perspective rather than based only upon the Constitution set a very dangerous precedent.

      The above, of course, being a very US-centric point of view: but true none-the-less.

    4. Re:It's like Wikipedia... by Maclir · · Score: 1

      Well, let me giev an example where the US Supreme Court may very well look at international law and social perspectives.


      The Constution forbits "cruel and unusual punishment". But what is exactly "cruel and unusual"? When those words were framed, executing criminals for a wide variety of offences was viewed by many people - in many countries, too - as not being cruel nor unusual. But now, the US is one of the few (or the only?) western countries that has, and regularly uses, the death penalty. So what is now "cruel and unusual" covers punusments considered acceptable and normal two hundred and thirty years ago.


      So, in determining whether a particular punishment is "cruel and unusual", I one would hope they look beyond just the US.

    5. Re:It's like Wikipedia... by amliebsch · · Score: 1

      That's not a very good example, unless you can provide a convincing argument as to why the meaning of the Constitution, which is law only for those in the United States, ought to be goverened by those who are not subject to its jurisdiction. Simply put, we have elected officials to make those determinations, or if necessary, appoint judges to make those determinations. Why should those voices be set aside for the voices of those who are not bound to the Constitution, and totally unaccountable to those who are?

      --
      If you don't know where you are going, you will wind up somewhere else.
  8. Ars Technica misquoted by Anonymous Coward · · Score: 0

    Ars Technica did not say it's the "World's Worst Internet Law." The EFF did. Poster needs to go RTFA.

  9. Antarctica! by The+MAZZTer · · Score: 4, Funny

    I hear Antarctica is remarkably tolerant when it comes to laws of this nature... or... any nature really...

    1. Re:Antarctica! by Anonymous Coward · · Score: 3, Funny

      But the laws of Mother Nature are pretty tough down there.

    2. Re:Antarctica! by Anonymous Coward · · Score: 0

      but, but, but, all the hot air he spouses about everything wrong with the world will shurly cause the ice shelf to melt faster then global warming

  10. Sigh, Slashdot editors win again! by Lost+Found · · Score: 4, Informative

    It wasn't Ars Technica that said it's the "World's Worst Internet Law" - that's the EFF. The only time Ars Technica uses that name is in quoting the EFF's opinion. If you RTFA, Ars Technica actually has a less worried view.

    Perhaps they should make it an international Internet crime to post stories without checking even the most basic facts (ie, first two paragraphs of the document you link to).

    1. Re:Sigh, Slashdot editors win again! by Anonymous Coward · · Score: 0

      Well, the original poster was the one who misattributed the quote to Ars Technica, so I'd put a little more blame there than on the slashdot editors.

      Also, an AC beat you to your comment by a few mins... you might want to drop your threshold to 0 instead of 1 ;)

    2. Re:Sigh, Slashdot editors win again! by Bryansix · · Score: 1

      The editors need to have the final responsibility of making sure approved posts are correct. That's why they get paid the big bucks.

    3. Re:Sigh, Slashdot editors win again! by ntk · · Score: 1

      Well, to be accurate, I didn't call it the world's worst Internet law in my EFF piece, either. The piece was titled "The World's Worst Internet Laws Sneaking Through the Senate", and was meant to convey the key problem with treaty: that this isn't just one bad bill, but a convention that would provide a route for importing many different problematic cybercrime statutes into U.S. (and exporting many of America's worst laws outward too: the Convention also requires all signatories to criminalize "commercial scale" Internet copyright infringement, for example).

      Quoted fragments like this are often like chinese whispers online: every time they get repeated, they wander a little further from the original meaning.

    4. Re:Sigh, Slashdot editors win again! by jelton · · Score: 1

      Truth: 0
      Misrepresentation of the truth by a Slashdot editor: 9,462,783.14159

      --
      I am not a lawyer. This post does not constitute any form of legal advice.
  11. Best line from the article... by julesh · · Score: 1

    Sure, because the left hates human rights and privacy, and it wants nothing more than to spy on ordinary Americans who haven't committed a crime. Oh, wait. :)

  12. All the laws in the world... by MindPrison · · Score: 4, Insightful

    ...can not reach the bits'n'bytes of the ever growing net.

    Aka - you don't stand a chance in HELL to police the internet. Anyone who think so ought to get their brain examined.

    Data is like fluids, you can't filter everything - it's bound to get in everywhere at some time. And the number of data you'd have to filter is increasing with such a speed that there's no chance that ANY law system would be able to hire enough personnel or create software to control it all.

    Want a real life example? Take spam - you can't control that either, and we have laws on it already almost EVERYWHERE - but does it work? Didn't work 10 years ago, not 5 years ago - doesn't work today, won't work in the future. Fluids will get in everywhere anywhere anytime.

    Best way to filter is utilizing the individuals using the computers, mind filtering --> the no 1. filter in this world. The very same filter can also be used to FIND the content you really want rather than looking trough heaps of endless useless information (spam).

    Even if they DID control the net (or the way we access the net) they would be unable to do so - because information always finds a way just like fluid, another net - wireless or by wire...doesn't matter. You can't stop the flow of information now, way too late! And thank goodness for that.

    --
    What this world is coming to - is for you and me to decide.
    1. Re:All the laws in the world... by houghi · · Score: 1

      And what is the conclusion after that? BJust because you won't be able to catch each and every offender does not mean you should not try to catch as many as possible.

      --
      Don't fight for your country, if your country does not fight for you.
    2. Re:All the laws in the world... by dangitman · · Score: 1
      Data is like fluids, you can't filter everything ... Want a real life example? Take spam - you can't control that either,

      They make liquid Spam now? No wonder it gets through the filters more easily. This could be useful, though. Whenever I try to make Spam Smoothies, I can't suck it through a straw and have to use a spoon.

      --
      ... and then they built the supercollider.
    3. Re:All the laws in the world... by Anonymous Coward · · Score: 0

      Must protect precious bodily fluids...

    4. Re:All the laws in the world... by MindPrison · · Score: 1

      And what is the conclusion after that? BJust because you won't be able to catch each and every offender does not mean you should not try to catch as many as possible.

      Of course not, but that really goes without saying.

      The point is that they're trying to shoot with a shotgun into a crowd with millions of people, sure - the stray bullets will hit some, but this kind of random law-"hope we catch'em all"-giving won't hit the people they're after, it will most likely just make the masses feel worse, make it harder on our freedom because it can be misused. It's really not thought trough very well, it's like banning the get-away car rather than the criminals themselves. Information is for learning , not to be banned. You wouldn't like it if they installed a video-camera in your car, bedroom and bathroom would you? It's this massive attempt at legalizing total surveillance of every citizen on earth that I am against (and most of you, I hope).

      --
      What this world is coming to - is for you and me to decide.
    5. Re:All the laws in the world... by cheese-cube · · Score: 1

      So are you saying that the internet is like some kind of tube?

  13. Lowest common denominator of crappy laws by Anonymous Coward · · Score: 0

    I guess its only fair if we in the USA want to go after Canadian pot seed sellers and Costa Rican bookmakers. We gotta let you impose your crappy laws on us.

  14. The US aren't the ones that "export" laws. by AlphaWolf_HK · · Score: 2, Interesting

    A lot of people out there like to accuse the US of forcing other countries into enacting laws that are draconian, such as the DMCA and 90 year copyrights. However, the US is actually adopting these laws, such as the DMCA and the CTEA, as part of the WTO and WIPO treaties. It is actually many countries in Europe that these originate from.

    The WIPO and WTO actually call for laws much more strict than what the US has. Those "super DMCA" laws that other countries have are really just falling inline with what these treaties ask for, and the US is not at all to blame for them.

    --
    Careful with names containing L slashdot.org/~AiphaWolf_HK slashdot.org/~AlphaWoif_HK slashdot.org/~AiphaWoif_HK
    1. Re:The US aren't the ones that "export" laws. by Anonymous Coward · · Score: 0

      Wrong. Actually, the US did enact a '96 WIPO treaty on which the DMCA is based, so they could say "oh, look, we must have a DMCA, we can't do otherwise". It was the RIAA and MPAA lobbying back then already. And the DMCA was the first "DMCA-like" law in the world, if Euro countries had pushed the '96 WIPO treaty, why would have they waited so long? Now, *this* Cybercrime treaty is clearly more in an Euro stance but be sure that YOUR Government and Senate are more than happy with it (since it means reciprocal control). They chose to ratify it. Unlike copyright-like treaties (where you have to protect foreign copyrights to have yours protected, and at the same level), there wasn't any encouraging factor other than their very own interests.

    2. Re:The US aren't the ones that "export" laws. by Anonymous Coward · · Score: 0

      The **AA may have lobbied for these laws to exist (including disney for the CTEA) however they were not the underlying cause. Note in both SCOTUS cases where these laws were challenged, the justices cited the fact that these laws were passed as part of these treaties as a huge portion of justifying their existence and constitutionality (see the constitution for reasoning as to why treaties become part of the law of the land.) So no, it is not wrong. The US in fact did not export any of these laws as many suggest. OUR government didn't create WIPO nor the WTO. These are both european in origin, in fact they are both a derivative of the berne convention which the US didn't even become a part of until an entire century after its existence. The US just happened to be first to follow that particular clause of those treaties, nothing more nothing less. (actually come to think of it, several european countries had 90 year copyrights long before the US did)

    3. Re:The US aren't the ones that "export" laws. by ScrewMaster · · Score: 1

      Yes, but other countries agreeing to adopt very bad ideas as law should not be justification for screwing our own citizens over in the same manner. Congress still has a LOT of explaining to do, so far as I'm concerned.

      --
      The higher the technology, the sharper that two-edged sword.
    4. Re:The US aren't the ones that "export" laws. by magetoo · · Score: 1
      Nonsense.

      I'm sure that's what they tell you, it certainly is what they're telling us over here in the EU ("We didn't want this law, but the US/UK/Germany insisted..."), but that doesn't make it true.

      And of course they are adopting national laws after working out the treaties first, it's less work that way. Plus, making a national law and then going to treaty negotiations makes you look like an asshole who has already decided what the result will be.

  15. Has to be said: by Anonymous Coward · · Score: 0

    I ,for one welcome our new:
    'bill-o-rights burnin, constitution shreddin' sovereignty squashing'
    shadow foreign government overlords...
    unless welcoming them is a violation of their unwritten laws punishable by death.

    In soviet Russia, internet overlords mock you!

  16. The Nation State.... by ObsessiveMathsFreak · · Score: 4, Interesting

    ....is in decline. No this isn't some random rant. The sad fact is, multinational corporations really do wield influence that surpasses that of governments. This law is undoubtedly for their benefit, so that laws across the globe will have to defacto become harmonised to avoid all the legal toothaches this will cause.

    Think about it. When companies the size of GE and Microsoft run into hassle with different laws in different jurisdictions, they just lobby for harmonisation. And that's what they've gotten. I expect to shortly have what rights I have on the internet reduced to the abysmal level of those living in the US and UK, and what the hell, Iran. All in aid of the children or rich yuppies or whatever. This is why you need proportional representation.

    --
    May the Maths Be with you!
    1. Re:The Nation State.... by Stalyn · · Score: 1

      Obviously the only people who can solve this dilemma are Libertarians.. oh wait.

      --
      The best education consists in immunizing people against systematic attempts at education. - Paul Feyerabend
    2. Re:The Nation State.... by Anonymous Coward · · Score: 0

      Of course, in different countries the age of adulthood is different. So are we doing it for the universally agreed upon children, the local children, or the foreign children?

    3. Re:The Nation State.... by SonicSpike · · Score: 2, Insightful

      This is exactly why government should be limited!

      Government without the power to legislate and/or regulate the markets, cannot be used as a tool of special interests to legislate/regulate in their favor. This is one of the main principles behind libertarianism. If the government doesn't interfere in the marketplace, then it can't give anyone a government-granted advantage.

      --
      Libertas in infinitum
  17. The posted summary was unnecessarily biased by Anonymous Coward · · Score: 0

    I know this post of mine won't get any mod points, but the summary posted on the main /. page was one of the worst I've seen. It misstates the sense of the Ars Technica article and makes the law sound much more draconian than it really appears to be when you have a closer look.

  18. It's just a goddamn piece of paper by User+956 · · Score: 1

    An international treaty is considered law here, but that does not mean it is immune from constitutional questions. This treaty must be balanced with the bill of rights

    Hmm. I see. You must be new here.

    --
    The theory of relativity doesn't work right in Arkansas.
  19. Not lawful, is it? by Antony-Kyre · · Score: 1

    This isn't lawful, is it? The American government cannot simply give up one of it's own citizens to a foreign country just because he or she committed a crime on the Net. Maybe it if matches an American law, sure, but not a foreign one.

    Let me illustrate. Hacking into a website and vandalizing it, that would be illegal in both countries. Posting something on a message board that is physically located on a server in a foreign country which has freedom of speech restrictions, well, although illegal in the foreign country, it wouldn't be illegal in America, and the American government should not give someone up unless it violates a similar American law or violates common law.

    1. Re:Not lawful, is it? by Anonymous Coward · · Score: 0

      IT would depend on th seriousness of the laws. We already have situations in place were if an american violates a foreign countries laws, we will extradite them for prosecution given that thier criminal justice system is comparible to our (have right of fair trial, ect..).

      The crime i think has to be equal to a felony but doesn't have to be a against the law in the US neccesarily. Although, it is dificult to find a law in another country that would be a felony offense and the US is willing to extradite too that the US doesn't already have a law to match. Most (friendly) civilized countries have less laws then the US in these reguards wich would make it dificult to be in violation of somethign that isn't already illegal to some extent in the US.

      Also, there has been times were the US has prosecuted people for breaking other countries laws but not in the US jurisdiction. One incedent i remeber is were a US citizen crossed the border to mexico, commited an offence then returned to america befor ethe mexican authorities caught him. Will the letter of the offence didn't match a US law, He was prosecuted in the US in leu of being shiped to mexico for trial. I don't remeber much mor eof the details other then Clinton was president, it happened around arizona/new mexico and i watched it on the evening news when passing thru the area. They detailed it pretty good but it was a long time ago and all i remeber about it outside that was thinking it was odd.

    2. Re:Not lawful, is it? by InfraredEyes · · Score: 1

      > This isn't lawful, is it? The American government cannot simply give up one of it's own citizens to a foreign country just because he or she committed a crime on the Net. Maybe it if matches an American law, sure, but not a foreign one.

      The US expects other countries, such as the UK, to extradite people into the US without any evidence on charges that would never fly in UK courts. I don't like the sound of this Internet law, but the US is the last nation on earth that can complain about being asked to obey overseas laws -- you do the same thing quite freely to the rest of us.

    3. Re:Not lawful, is it? by thesandtiger · · Score: 3, Interesting

      Let's make it even more scary...

      RandomTotaliarianGovernmentX declares that avowing oneself - publically - to be a homosexual is a crime.

      American goes on craigslist and says he wants to hook up for some play. Some girl decides she wants to try her hand with another girl.

      Enter the US State Dept. which contacts RTGX and says "Hey, you know how we have those sanctions on you? We'll drop 'em if you agree to insist that we extradite all the publically avowed homosexuals to you..."

      Think it's crazy? They cane you for spitting in Singapore...

      --
      Since I can't tell them apart, I treat all ACs as the same person.
    4. Re:Not lawful, is it? by tsotha · · Score: 3, Insightful

      I don't see why not. We expect other countries to extradite their citizens for breaking US laws. It seems only fair. While in most cases they've broken the law in both countries, that's not always true.

    5. Re:Not lawful, is it? by WilliamSChips · · Score: 1

      They cane you for chewing gum in Singapore.

      --
      Please, for the good of Humanity, vote Obama.
    6. Re:Not lawful, is it? by Anonymous Coward · · Score: 0
      "declares that avowing oneself - publically - to be a homosexual is a crime."


      Sounds good. They need culling some more.

    7. Re:Not lawful, is it? by makomk · · Score: 1

      The US expects other countries, such as the UK, to extradite people into the US without any evidence on charges that would never fly in UK courts. I don't like the sound of this Internet law, but the US is the last nation on earth that can complain about being asked to obey overseas laws -- you do the same thing quite freely to the rest of us.

      Ah, that infamous UK/US extradition treaty
      Excuse used to get this treaty passed in UK: terrorism
      Reason treaty hasn't been passed by US: it could be used to extradite suspected IRA members (i.e. terrorists)
      Actual use of treaty: to extradite three UK bankers, whose alleged crimes were committed in the UK, against a British company
      Net result: even if they manage to prove their innocence, they'll probably end up bankrupt (and almost certainly lose their homes)

  20. And... it works both ways. by MROD · · Score: 5, Insightful

    If a citizen in one of the other countries is accused by the U.S.A. of committing a crime which isn't illegal in their country the same rules apply.

    Even worse, in the U.K. they could be extradited without the evidence even having to be disclosed to a judge or anyone else due to a treaty (supposedly to be only for terrorist cases but recently used on a fraud charge) with the U.S.A. which the U.K. has ratified but the U.S.A. has refused to. Now, that's scary!

    --

    Agrajag: "Oh no, not again!"
  21. I can see it now... by The+Real+Toad+King · · Score: 2, Funny

    "OMGOMGOMG SOMEBODY H4X0R3D MY MYSPACE PAGE ARREST THEM!!11"

    That's what I really think this will lead to.

  22. Since when... by JJJJust · · Score: 1

    Since when has the U.S. -- or for that matter anybody -- followed a treaty when it didn't suit them? It really doesn't suit them to help countries with limited speech... unless it's an election year.

  23. VOTE the BASTARDS OUT! by RLiegh · · Score: 3, Funny

    Oh, wait; I forgot about diebold. Um, wellll...vote democrat? Oh, wait, they suck the ??AA teat too....
    Ok, guys; I got nothin'...looks to me like we're fucked. :-(

    1. Re:VOTE the BASTARDS OUT! by Wonko+the+Sane · · Score: 1

      If you assume your vote doesn't count anyway, you might as well vote libertarian.

    2. Re:VOTE the BASTARDS OUT! by houghi · · Score: 1

      I wish everybody would think (and do) that.

      --
      Don't fight for your country, if your country does not fight for you.
    3. Re:VOTE the BASTARDS OUT! by Wonko+the+Sane · · Score: 1
      Right now your choice between the two major parties consists of:
      • Party A: Evil
      • Party B: Stupid ...and evil


      Let's hope a viable party C emerges real soon now.
    4. Re:VOTE the BASTARDS OUT! by Asm-Coder · · Score: 1

      They have one in Sweden. Anyone want to form a new party in the US? (Or elsewhere as well)

    5. Re:VOTE the BASTARDS OUT! by LocalH · · Score: 1

      We have that, it's called the Libertarian Party. If everyone who is disappointed with the Big Two would vote Libertarian, then change could actually happen. As long as you have people screaming "if you don't vote for B, you're essentially voting for A", this will never happen.

      --
      FC Closer
    6. Re:VOTE the BASTARDS OUT! by Wonko+the+Sane · · Score: 1

      I was referring to the Libertarian Party. The peoblem is I'm not sure you can really call it viable. If for no other reason than that all the voting machines are rigged...

  24. it works both ways by mad_psych0 · · Score: 1

    I seem to remember the servers and maintainers of a certain website in Sweden suffering this fate a few months ago now, except it was the US government (under pressure from the MPAA) that pressured the Swedish government into executing search warrants and arrests on their citizens for actions that aren't illegal in their country.. I'm sure the MPAA and the RIAA both are rolling around happier then pigs in shit about this since its going to extend the reach of their holy crusade against 14-year-old soulseekers.

    1. Re:it works both ways by uberdude197 · · Score: 1

      i remember that too... I still use that program a lot to this day. *salutes him*

  25. Is The Rights of Numbers Becoming Reality? by BrendaEM · · Score: 1

    A year or two ago, I wrote a Sci-Fi eBook describing things like this. I wished that it was just all fiction.

    A line in the book reads similar to the Slashdot article:

    General Curtis took a deep breath. "I want to forge an official detachment dealing with cyber-crime actions abroad."

    You can download the entire ebook from: http://www.brendamake.com/numbers/

    The validation that I feel is overwhelmed by the specter of horrific consequences of the treaty.

    --
    https://www.youtube.com/c/BrendaEM
  26. Yeah, Ars Technica actually thinks this is GOOD by ToastyKen · · Score: 4, Informative
    Ars Technica did not say it's the "World's Worst Internet Law." The EFF did. Poster needs to go RTFA.

    Indeed. The Ars Technica article put "World's Worst Internet Law" in quotes for a reason. In fact, it flat out DISAGREES with EFF, even, and says that, "Given these safeguards, fears of political persecutions seem overblown," and that "the Convention provides enough safeguards to prevent the worst kinds of abuse, and additional protocols can always be negotiated if problems become insurmountable."

    1. Re:Yeah, Ars Technica actually thinks this is GOOD by AirRaven · · Score: 0

      Since when has the current administration cared about the Constitution?

    2. Re:Yeah, Ars Technica actually thinks this is GOOD by Anonymous Coward · · Score: 0

      Well the US seems to think that it's fine to arrest people (eg British directors of online gambling firms) for political reasons, this law just means that US citizens can be arrested by us. Seems fair to me.

  27. The treaty explicitly allows us to preserve rights by ToastyKen · · Score: 3, Informative

    Yes, I'm not new here, but people need to RTFM, including the submitter. From the Ars article, just a little further than halfway down:

    The goal of the treaty is not to let the Chinese crack down on dissidents living in America, however, and so countries may refuse to cooperate with requests that involve a "political offence" or if a country believes the request would "prejudice its soverignty, security, ordre public or other essential interests." The US Department of Justice has already announced that "essential interests" would allow the US to refuse any request that would violate the Constitution.
  28. More bullets in demand by DigiShaman · · Score: 1

    I guess that means we can't talk smack about China anymore huh? I might get my IP logged on slashdot and shipped off to a firing squad.

    --
    Life is not for the lazy.
  29. It's a two way street people, drive it! by clambake · · Score: 1

    Find out who the major politiicans and business men are in those 40 countries and claim that they maybe infringing on your copyrights... and then get thier ISPs to track them. Use the information garnered to become fabulously wealthy and powerful.

    1. Re:It's a two way street people, drive it! by Anonymous+Brave+Guy · · Score: 1

      No problem. Tony Blair admitted the other day that he gets one of his children to load his iPod for him. Would anyone like to take a guess about whether every single track was legitimately copied onto that machine?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  30. Do we still have one? by symbolic · · Score: 1

    The US Department of Justice has already announced that "essential interests" would allow the US to refuse any request that would violate the Constitution.

    This is an hilarious PR statement, especially in light of the illegal behavior by our own citizens in currently in office. Given our recent track record, this is nothing more than some semantic sugar used to cover the foul taste of political corruption.

  31. Equality? by madcow_bg · · Score: 1

    "According to the EFF, 'The treaty requires that the U.S. government help enforce other countries' 'cybercrime' laws--even if the act being prosecuted is not illegal in the United States. That means that countries that have laws limiting free speech on the Net could oblige the F.B.I. to uncover the identities of anonymous U.S. critics, or monitor their communications on behalf of foreign governments. American ISPs would be obliged to obey other jurisdictions' requests to log their users' behavior without due process, or compensation.;"
    So, basically, this treaty is going to do what the americans have been doing all these years - try to enforce their laws on other country's territory. Remember the script kiddie from UK that is going to be extradicted to USA? The russian guy that wrote the PDF DRM cracking software, what about the perfectly legal swedish Pirate Bay? Why didn't the americans tried to protest then? Now they are going to suffer just like everyone else.

    Yes, the treaty is stupid because jurisdiction does matter, and that is because every country has their set of laws that are carefully callibrated. Soon we'll get grossly disproportioned penalties - electric chair for reporters? But if the chinese say so...

    The only time jurisdiction does not matter is with crimes against humanity. And that is for a good reason, isn't it?

  32. Constitution and Treaty by tony1343 · · Score: 1

    Treaties can be ruled unconstitutional. The Constitution is the supreme law of the land. For example, a treaty could not change the Constitution since to do that the amendment process has to be used. However, after a very brief search, I cannot find any cases of a treaty being ruled unconstitutional. I imagine the courts would be reluctant to do this and would interpret them in a way to avoid constitutional questions. Also, I don't think the League of Nations is a good example. From what I remember, there were political reasons for that not being ratified. Either way, of course Congress can refuse to ratify a treaty because it believes it is unconstitutional. However, just because Congress says something is unconstitutional doesn't mean it actually is. The Supreme Court is the interpreter of the Constitution and has the final say.

  33. Re:The treaty explicitly allows us to preserve rig by vodkamattvt · · Score: 1
    Color me stupid .. I didnt read the Ars article, only the post. That is a little better. However what the DoJ says is constitutional and what the courts have decided is constitutional is not really always the same.

    But good point, thanks.

  34. Re:The treaty explicitly allows us to preserve rig by sfjoe · · Score: 1

    The US Department of Justice has already announced [securityfocus.com] that "essential interests" would allow the US to refuse any request that would violate the Constitution.

    But the big question is: how long before "political gain" becomes "essential interest" in deciding whether or not to turn over someone who is critical of the administration? Valerie Plame makes for an illustrative point of the dangers involved in being near to someone critical of policy. Her colleague's lives were endangered for no other reason than to punish people who disagreed with the President.

    --
    It's simple: I demand prosecution for torture.
  35. When you thought it could get no worse... by R4ZORJ4CK · · Score: 2, Interesting

    This issue hits home with me a great deal as I have been bagged, tagged, and am currently under investigation by the FBI for cybercrime. As such I've become all too familiar with the FBI's methods and cyber-crime infrastructure.

    Following 9/11 the US government, as we all know, molded the Patriotic Act and the Homeland Security Act to their needs. These later kick started the Critical Infrastructure Protection Board in to high gear. In 2003 the FBI formed Computer Intrusion Squads or Computer Hacking & Intrusion Prevention Squads. The US government has cleverly nicked these as CHIP or CHIPS units (I would have prefered Eric Estrada knocking on my door!). This spread like wild-fire and prompted the FBI to form CHIPS teams in all major cities. I was investigated and arrested by the CHIPS.

    This new treaty/pact now allows the FBI to become likened to an international force much like their cousins the CIA. Allowing the foreign governments with their policies to infiltrate our country is a small price to pay for extending the reach and power of the FBI and the US government in general. Ofcourse this is at the expense of not only our rights as Americans but the common person on a global scale. Hmmmm.... can anyone say 'world domination'?

    Certainly all the government in all the world cannot monitor all the data in all the world. However, many people will suffer needlessly for such petty crimes as reading email without permission along with the dangerous hardcore hackers. It's almost like spending 5 years for smoking marijuana (I don't smoke).

    I am certainly disgusted and our government continues to leave a bad taste in my mouth.

    1. Re:When you thought it could get no worse... by grozzie2 · · Score: 1
      I am certainly disgusted and our government continues to leave a bad taste in my mouth.


      Thats what monica said too...

    2. Re:When you thought it could get no worse... by R4ZORJ4CK · · Score: 1

      I guess we have something in common. She was screwed by Bill and I am getting screwed by George.

  36. already happened by Anonymous Coward · · Score: 0, Flamebait

    There's a dude sitting in a kraut prison because he dared dispute the holocaust* ww2 numbers. He maintains the numbers are much lower than the official numbers, and that's about it. Arrested, shipped to Germany, sitting in jail now because what he said and wrote violates the guilt ridden square heads laws, which state "whatever the zionists say about the holocaust is true facts". You may not legally argue against any point of their claims. by law. there. they claim he violated that law, and he got extradited, before this treaty happened.

    *much as I think the prez of iran is a loony tunes idiot and a major threat, he made one valid point recently. The "homeland" for the holocaust victims and heirs should have been carved out of germany and italy, take THEIR land for some "new nation", the countries that actually produced and ran the camps when their nations were officially fascist. THAT would have been righteous payback, not that weird idea of shipping millions of NON semitic people over to some land they never saw before and "claiming it as their own" based on some ancient crap. That was doomed to failure and problems since day one. Check the headlines-failure. Will always be a failure and a bad idea. Also a major rip off to the REAL semitic people who have lived there non stop for millenia.

    1. Re:already happened by Antony-Kyre · · Score: 1

      There shouldn't be a need to carve up countries to make new nations. They should be able to agree to a fair and democratic government which reflects all the people in a given land.

      By the way, I like the idea of Jerusalem becoming it's own nation (kind of like the Vatican is it's own nation). (Not sure if my grammar is correct in the above.)

    2. Re:already happened by sumdumass · · Score: 1

      actualy, the vatican isn't a nation. It acts like one though.

    3. Re:already happened by Anonymous Coward · · Score: 0
      *much as I think the prez of iran is a loony tunes idiot and a major threat, he made one valid point recently. The "homeland" for the holocaust victims and heirs should have been carved out of germany and italy, take THEIR land for some "new nation", the countries that actually produced and ran the camps when their nations were officially fascist. THAT would have been righteous payback, not that weird idea of shipping millions of NON semitic people over to some land they never saw before and "claiming it as their own" based on some ancient crap. That was doomed to failure and problems since day one. Check the headlines-failure. Will always be a failure and a bad idea. Also a major rip off to the REAL semitic people who have lived there non stop for millenia.


      I suggest you do some reading on the History/Creation of Israel
    4. Re:already happened by frostoftheblack · · Score: 1

      Was that supposed to be sarcastic? Because if not, a visit to http://en.wikipedia.org/wiki/Vatican_City/ will help.

      --
      Do not mark in this space. For official office use only.
    5. Re:already happened by sumdumass · · Score: 1

      For some reason your link lead me a a page saying start an article. It apears to be the same as http://en.wikipedia.org/wiki/Vatican_citybut took me to this page http://en.wikipedia.org/wiki/Vatican_City/... Ahh i see now, it was the trailing /slash.

      Any ways, it wasn't sarcasm, it was pure ignorance. Maybe because the CIA factbook i usualy reference doesn't list it as a country. This is fascinating.

      I always though the vatican was just some religous camp who played too much into politics and peoples lives.

    6. Re:already happened by Antony-Kyre · · Score: 1

      Not many know it that Vatican City is a country.
      https://www.cia.gov/cia/publications/factbook/geos /vt.html

      They even have their own country code.
      http://www.va/

      Also, I'm a bit surprised no one has tried bringing up the Indian nations in America. America, the swiss cheese country, as I could call it.

      To get back on topic, like I said, make Jerusalem it's own country. Let the people physically residing in it make it's own laws. Freedom of religion, of which acts do no harm, would be very important.

    7. Re:already happened by Schraegstrichpunkt · · Score: 1

      The problem is that the people there don't seem to want peace. They want power and grandstanding and "fighting back" and such.

      It's pathetic, really.

    8. Re:already happened by sumdumass · · Score: 1

      It isn't that they want to grandstand and display power, It is that they have to. The problem in this area isn't a matter of land or who controls the land, it is about religion and the intertwining of them.

      in order for one to exist, it has to acknowledge the other was there but it evolved into what they see today(read Muslim). For the other, in order to exist, it has to acknowledge that the others are misguided people worshiping a false profit (read Jews). Now, in faith, the idea of letting another group spout inaccuracies about your religion is a western idea. The idea of letting people be in their relation ship with a deity is a relatively new one that still has problems.

      The live and let live ideas came from leaps that are generations ahead of the mental capacity the typical person in that area has developed. It stems from the branching of major religions into sects that are differing on smaller levels. Baptist vs Methodist vs Lutheran, vs catholic vs whatever has given the western worlds the ability to dismiss minor issues which makes dismissing the major one easier. Just look at how they fight amongst differing groups in Islam. Even if we removed any and all non believers from that area, isolated it and stopped all contact with them, they will still have a problem because the existence of people who doesn't live up to their beliefs discredits their beliefs.

      Something to think about. All the three Judeo-Christian religions acknowledge the others but place some kind of flaw in thier thinking. First there were the Jews, then a Jew named Jesus (his common modern name) fulfilled some prophecies and was thought of by some as the son of god or the manifestation of god in living form who was killed and came back to life (the trinity). Then several hundred (600 i think) years later, Mohamed came around teaching the Christian principles and telling the stories of the Jews and Jesus. But with Mohammed, the story continued because he didn't have any scrolls or bible for lack of a better term so they started writing the stuff down. Now during this writing down, it was determined to be a good idea to include fundamental rules or laws of life that if followed, made an ideal living situation (for the time) and protected the villages. This isn't something new to Islam, it was just used differently then with other religions.

      So, you see. You can equate the Middle East Muslims with the way the Christians hated the Jews for a period of time. The difference is the amount of exposure and the types of interactions. The Muslims, Christians and Jewish people have a long history of fighting and war over religious territory, religious items and their meanings according to their religions. But the most problematic issue is when giving concessions to one religion, it is basically weakening the others. The more you say one is right, unless it is something they already agree on, the more you're saying something else is wrong.

      So, you see. You can equate the middle east muslims with the way the christians hated the jews for a period of time. The difference is the amoumt of exposure and the types of interactions. The muslims, christians and jewish people have a long history of fighting and war over religious territory, religious items and thier meanings acording to thier religions. But the most problematic issue is when giving concesions to one religion, it is basicly weakening the others. The more you say one is right, unless it is something they already agree on, the more your saying something else is wrong.

      And yes, It is pathetic, really.

  37. Obligatory... by vandelais · · Score: 1

    Mel Gibson quote for today...

    "FREEDOOOOOOOOM"

    --
    Game: Player 'Donald J Trump' now has AI skill level 'experimental'.
    1. Re:Obligatory... by Anonymous Coward · · Score: 0

      I think you meant "We know who's fault this is!"

  38. All those bad other countries by Britz · · Score: 2, Insightful

    Those countries that torture people, throws them in jail without as much as a charge, monitor their citizen, prosecute children...

    Oh wait, since torture is illegal in the US, maybe those countries can be of use after all. Better not get our agents in legal trouble. What countries are those anyways? Are they US allies in the fight against terror and for a free and democratic world, like Saudi Arabia, Turkmenistan and Columbia or rather evil countries like Venezuela and France?

  39. MOD PARENT UP by Anonymous Coward · · Score: 1, Informative

    For those of us who disagree, there is a movement called anoNet that created a seperate internet. In early 2005, a few people fed up with the way the Internet was heading, began in earnest to create a large wide area network that was secure and lived in its own space. On this new network anyone would be free to do as they saw fit - roam about, host services, or just be social without fear of being monitored or even worse censored. The first step to bring this network to fruition was to encrypt the information that normally travels across the Internet. anoNet is a full IP network with many users, an IRC network, wiki, SILC, email, web, PGP, and much much more. For more information: http://www.anonet.org/ or http://anonetnfo.brinkster.net/

  40. Re:short memories by bussdriver · · Score: 1

    It will not be long until they are doing what they were attacking google and others for doing.

    Remember when google and others attacked publically by the usa for following Chinese laws?

  41. Who else... by Mantrid42 · · Score: 1

    So, who else read the summary of this and immiediatly went to go download a Freenet client?

  42. The idea is to continuing to build Rome by digitalextremist · · Score: 1

    When you design a system, you don't usually develop every single piece inside the end result product.

    Especially large complex pieces are projects in and of themselves which get folded in after they are mature.

    Thus, in order for The New Rome to be built without imploding in on itself beforehand, TNR must assemble the US module outside the controlling elements.

    Only once the adapted US has matured to embody the necessary functionality will it become associated with the intentions of its true developer.

    --
    //de ~ 9cimi
  43. Obvious Why They Did It by Master+of+Transhuman · · Score: 2, Funny

    In the process of helping another country violate our laws, OUR law enforcement gets to violate our laws.

    Obvious.

    Don't know why they didn't think of this before - outside of the known use of the Echelon system by each country that is a part of it to allow other countries to spy on their citizens and share the info. The NSA doesn't spy on us (well, supposedly they didn't USED to!), they just let Britain do it and tell them about it.

    They just extended the principle with this treaty.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  44. Fortunately our courts are not so easily bought by dpilot · · Score: 2, Insightful

    Lookie here: http://developers.slashdot.org/article.pl?sid=06/0 8/04/055227

    "From the article: '...researchers found, for instance, that "judicial nominations" have consumed steadily more Congressional attention between 1997 and 2004. "

    As they say, this too, shall pass.

    --
    The living have better things to do than to continue hating the dead.
  45. What other countries are signatories? by alexo · · Score: 1


    Can anyone provide a list?

    1. Re:What other countries are signatories? by Murodese · · Score: 1

      There doesn't seem to actually be a list out there, but from grinding through various pages, these are the countries I believe are part of the treaty:

      Albania (13.07.1995)
      Andorra (10.11.1994)
      Armenia (25.01.2001)
      Austria (16.04.1956)
      Azerbaijan (25.01.2001)
      Belgium (05.05.1949)
      Bosnia and Herzegovina (24.04.2002)
      Bulgaria (07.05.1992)
      Croatia (06.11.1996)
      Cyprus (24.05.1961)
      Czech Republic (30.06.1993)
      Denmark (05.05.1949)
      Estonia (14.05.1993)
      Finland (05.05.1989)
      France (05.05.1949)
      Georgia (27.04.1999)
      Germany (13.07.1950)
      Greece (09.08.1949)
      Hungary (06.11.1990)
      Iceland (07.03.1950)
      Ireland (05.05.1949)
      Italy (05.05.1949)
      Latvia (10.02.1995)
      Liechtenstein (23.11.1978)
      Lithuania (14.05.1993)
      Luxembourg (05.05.1949)
      Malta (29.04.1965)
      Moldova (13.07.1995)
      Monaco (05.10.2004)
      Netherlands (05.05.1949)
      Norway (05.05.1949)
      Poland (26.11.1991)
      Portugal (22.09.1976)
      Romania (07.10.1993)
      Russian Federation (28.02.1996)
      San Marino (16.11.1988)
      Serbia (03.04.2003)
      Slovakia (30.06.1993)
      Slovenia (14.05.1993)
      Spain (24.11.1977)
      Sweden (05.05.1949)
      Switzerland (06.05.1963)
      "The former Yugoslav Republic of Macedonia" (09.11.1995)
      Turkey (09.08.1949)
      Ukraine (09.11.1995)
      United Kingdom (05.05.1949)

      As well as United States, Canada, Japan and South Africa.

      Information whored from Treaty, Member States of CoE, this particular line of the treaty: "The member States of the Council of Europe and the other States signatory hereto," and the original article.

  46. Maybe now we can target the administration by ChronoFish · · Score: 1

    Maybe the admistration has fired one into their own foot.

    Surely there is some law that President Bush or his gang has violated in one of the 40-some countries that are apparently apart of this "Internet Treaty".

    Finally we can now have the FBI investigate Bush, Cheney, Rumsfeld and friends.

    -CF

    1. Re:Maybe now we can target the administration by gettingbraver · · Score: 1

      Won't happen, unfortunately. Bush ignores laws that he doesn't like.

  47. Not just cybercrime.... by Roger+W+Moore · · Score: 1

    There is already a deportation treaty between the UK and the US (well actually only the UK has ratified it so far and our moronic government did not put in a "only effective when both parties have ratified it" clause) with similar effects. Recently three UK bankers were deported to Texas for activities which took place entirely in the UK but which involved a US firm (Enron). Now as I understand it their actions (if true) were illegal under UK law but this was not important or at all relevant to the deportation case. This strikes me as the most serious case of loss of sovreignty that I've ever heard of: UK citizens being taken to a foreign court and being prosecuted for alleged crimes committed entirely in the UK. It seems that this treaty will only increase such cases.

    1. Re:Not just cybercrime.... by ChrTssu · · Score: 1, Insightful

      Which begs the question: What about the "double jeopardy" laws here in the US? If an individual is prosecuted and aquitted in one nation, are the other signatories allowed to swoop in and begin prosecution anew? I shudder to think that anyone, regardless of the suspected crime, would have to endure as many as forty-two separate trials, each in a completely different jurisdiction, with each jurisdiciton able to interprete the violated law(s) in their own way, and with customs (mainly legal) and languages which may be unfamiliar to the accused. Now, of course, this would violate the US Constitution - if the offender were to be prosecuted twice in the US. The same may not be true in other countries, however, since the trial(s) would not take place on US soil, or in a US court. And what about other 5th Amendment protections (e.g. against self-incrimination) once a criminal investigation/arrest/trial is already underway? If an indictment is handed down, could a defendant be made to testify against himself in court in a country where there are fewer laws protecting defendants? Serious nuts and bolts questions that are not clearly answered by the "essential interests" clauses.

      --
      I am not an animal! I am something worse!
  48. Not for long, though by Anonymous+Brave+Guy · · Score: 4, Insightful

    Even worse, in the U.K. they could be extradited without the evidence even having to be disclosed to a judge or anyone else due to a treaty (supposedly to be only for terrorist cases but recently used on a fraud charge) with the U.S.A. which the U.K. has ratified but the U.S.A. has refused to. Now, that's scary!

    Not for long, I think. In fact, the whole post-9/11 draconian government thing is rapidly dying in the UK, Tony Blair just doesn't realise it yet (or at least doesn't admit to realising it in public).

    Yes, there was the recent case of three banking executives who were transferred to the US under dubious circumstances. However, that caused a huge political storm, because the "anti-terror" legislation was clearly being used for something that had nothing to do with safeguarding the land from terrorists. In this case, I suspect that either the US will ratify the treaty and agree the reverse as well very soon, or the UK government will be forced to pull out.

    It's the same story elsewhere. Just this week, Walter Wolfgang, the long-standing Labour party member removed by heavies from last year's party conference for daring to heckle Jack Straw over the war on Iraq and then denied re-entry under anti-terror laws(!), was elected by the party membership to their national governing body. Not only does he get to speak at the next conference as a result, it seems he's guaranteed the chance to do so from the same platform as Blair et al.

    ID cards and the National Identity Register... Ah, yes, New Labour's greatest threat. Except, of course, that even those people who would like to be involved with it as a lucrative business opportunity are openly questioning whether the government's scheme can even be implemented, never mind bring the claimed benefits. Both the significant opposition parties in England oppose the scheme. The Information Commissioner (our quasi-independent guardian of data protection and freedom of information issues) has issued some of his most damning comments ever on the subject, and ruled against the government several times on information disclosure issues. The timetables are obviously slipping badly, but no-one will admit how badly. The costs are huge, but no-one will disclose how huge. Sooner or later, the whole illusory stack of cards is going to collapse, and all Tony Blair's big "it's be a centrepiece in our next election manifesto" rhetoric is doing is digging his successor's grave early.

    Likewise, a bill described as "Blair's (latest) enabling act" because of its attempt to reduce Parliament to pretty much a rubber stamp was quietly all but dropped a few weeks ago.

    The government has been ruled against yet again in the past few days over the whole restraining order/detention without trial thing. This is one of those awkward issues: it's a good bet that a high proportion of the people subject to restraining orders really are nasty bits of work, but I think the principle of freedom from arbitrary detention transcends the importance of removing some liberties from a small number of individuals who may or may not pose some level of threat. It would be far better, if the government really has enough good intelligence to believe these people pose a current threat to our security, that the government should bring charges against them in a suitable court of law and make its case properly. In any case, one of the most senior judges in our land has now said outright that if the Home Secretary wants to impose this sort of thing, he's had ample time to consult Parliament since some of these suspects came to light, and therefore he can't just award himself new powers without scrutiny to do as he sees fit. (This on top of one of the most damning judgements in recent legal history from the High Court during the previous round of the case, which pulled few punches as far as telling the government it was way out of line.)

    Personally, I increasingly think this is Gordon Brown setting Tony Blair up to take the fall for al

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Not for long, though by Anonymous Coward · · Score: 0

      You've constantly misspelled Crony Bliar.

    2. Re:Not for long, though by blackest_k · · Score: 1

      Sorry I don't understand how you came to your conclusion that gordon brown is setting up tony blair.

      I thought the commonly held belief is that tony blair intends to hand gordon brown a poisoned chalice.
      If only Mr blair would just go, hand over the leadership to his successor (probably gordon brown) and give him a chance to repair some of the damage caused by Mr Blair and his policies and impliment a few of his own.

      maybe it is the fate of all politicians to initially do some positive things and progressively degenerate.
      It would be a shame to see gordon brown. placed in the same position as john major following after Thatcher.

      He already has the hurdle of not being English to overcome, sad but there is an obnoxiousness about the English which is demonstrated everytime they step of the Island. It isn't 100% but you see it in every popular holiday destination with drunken yobs at one extreme, and the pretentions of the English middle class at the other.

      Having grown up in England and having to live through Thatchers Meglomania laying waste to many communities,
      I do not wish to return to those dark days under Tory rule.

      Britain's are generally comfortably off under labour rule, while at the same time being monitored and having individual freedoms stripped away.

      Tony Blair probably stopped being an asset to this country 3 or 4 years ago. The memories of maggie and ineffective tory leaders has kept him in place. Now several years down the line those that did live under maggies rule do not remember quite so clearly what she did and the younger ones have nothing to compare Tony against but are seeing his failings.
      Mr Cameroon probably will be the next pm if tony doesn't hand over soon. If gordon gets his chance before having to face a general election, he might even win it.

      On the otherhand as an individual britain now is a perfect time to immigrate, for me ireland looks a good choice, france and germany holland all have an appeal but with the barrier of language. The rate of Britains leaving to find a more agreeable climate to live in is almost certainly rising. To anyone with the sense to realise that we have one life and a limited number of years, this should make perfect sense. There is no nirvana, I am just glad we have the freedom to choose from a number of countrys where we can live.
      unfortunately for the majority of slashdot readers - they don't.

      To the Parent may i congratulate you on an excellent insightful post (apart from the last paragraph) My view is probably to simplistic, but if you hadn't guessed- I am leaving.

    3. Re:Not for long, though by Anonymous Coward · · Score: 0

      Do you like dead children?

    4. Re:Not for long, though by Anonymous+Brave+Guy · · Score: 1

      Sorry I don't understand how you came to your conclusion that gordon brown is setting up tony blair.

      I thought the commonly held belief is that tony blair intends to hand gordon brown a poisoned chalice. If only Mr blair would just go, hand over the leadership to his successor (probably gordon brown) and give him a chance to repair some of the damage caused by Mr Blair and his policies and impliment a few of his own.

      That's certainly a common belief in some quarters. However, I've noticed a distinct change in the waters recently. Until a few months ago, even when Tony was off on one of his crusades, he was almost invariably backed publicly by every major figure in his party. The dissenters were the well-known rebels and lower-ranking people, not Cabinet high-flyers and the like. Even Gordon Brown repeatedly and publicly denied major rifts with Tony Blair. Recently, though, we've had open discussion not just of the succession but also of Cabinet dissent over things like Israel/Lebanon and our "special relationship" with the US. I think a lot of the party high-flyers know that Tony Blair is effectively a lame duck, and rather than going down with him over things like ID cards and foreign policy, they're starting to shift so they can later say "Of course we backed Gordon [or whoever else] from the start".

      The other side of this is that, as all-but-leader-elect, Gordon Brown's influence is currently at an all-time high. He is giving policy speeches well outside the Chancellor's remit. He is working out who is going to form his front bench team in the run up to the next election, who his friends are and who needs to go. And he is not a stupid man: he has seen how big names can fall from grace and even return later, and how major policy headaches can be spun or outright reversed with minimal collateral damage to the party's reputation.

      This is why I think Gordon Brown is setting up Tony Blair. Brown is a shrewd political operator, and I think he has determined that Blair is now a very useful political fall-guy. With Brown having played the loyal party member for a long time now, possibly since day one if you believe the rumours, I think Blair's loyalty credits are all used up. If Brown can send a lot of the unwanted policy baggage with him when he goes, Labour will have a much better chance at the next election.

      As for the nationality question, and leaving aside your inappropriate and unnecessary stereotyping of all English people, I think Brown's problem isn't that he's not English, it's that he's Scottish. This puts him in a very difficult position with regard to the so-called West Lothian question: if, as I think is inevitable, Scottish MPs have to give up their voting rights on UK Parliamentary issues that are delegated to the Scottish Parliament, then it will be difficult for a Scottish MP to lead with authority on such issues for the same reasons.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  49. Re:Not lawful, is it? Spitting in Singapore by Slashcrunch · · Score: 1

    I live in Singapore

    Although there are apparently stiff penalties for spitting (and littering, and ...), I see more people hacking loogies out onto the footpath on any day than any other place I've *ever* lived. You'll be walking along and some dude right in front of you just goes, "haaaaawwwk! ptuh!" (sucking back and firing sounds)

    Ticks me off, I wish they would enforce that one :)

  50. PNAC Cyberwar #3 by Anonymous Coward · · Score: 0

    Like an energizer bunny they keep going and going and going.

    (this was not meant to be funny)

  51. coward's way out by farker+haiku · · Score: 1

    so defeat their efforts to track you posting anonymously from wireless access points using this mac address changer. Remember kids, when privacy is outlawed, only outlaws will have complete privacy.

    --
    Your sig(k) has been stolen. There is a puff of smoke!
  52. Re:Not lawful, is it? Spitting in Singapore by mabhatter654 · · Score: 1

    I live in michigan and my city still has a no spitting law on the books.. up to 100$ or 30 days. When the law was written in the early 1900's there were huge problems with TB... most cities then were still dealing with raw sewage in the streets as a "bad thing" and TB can really be caught THAT easily, by wiping the spit off your shoe. It's sometimes hard to believe all the little "civilities" that we "just don't do" we take for granted in the USA.

  53. Do you even know what a treaty is? by Ranger · · Score: 1

    'The treaty requires that the U.S. government help enforce other countries' 'cybercrime' laws--even if the act being prosecuted is not illegal in the United States.

    No shit, Sherlock! The treaty may be evil. It may suck ass. But that's what a treaty is. When two states sign a treaty they give up a bit of their sovereignty. Read up on what a treaty is at Wikipedia. Or better yet read the US Constitution. You'll be a leg up on the Bush administration who'd rather wipe their collective asses with it.

    --
    "You'll get nothing, and you'll like it!"
  54. What about this? by Antony-Kyre · · Score: 1

    I think Anomymizer.com is an American company. Any chance that they could get in trouble for this? http://www.anonymizer.com/consumer/media/press_rel eases/03312006.html

    Please read that article involving what they are doing in China.

  55. Mod parent up. by magetoo · · Score: 1
    Indeed.


    It's already being done with terrorism (shipping people around the world to be tortured), this looks like an "excellent" way to do virtually the same thing a bit more discreetly, and for a whole new category of people.

    1. Re:Mod parent up. by ChrTssu · · Score: 0

      Terroism raises another interesting point. One person's terrorist is another's freedom fighter. Who decides which is what? And the issue becomes even more difficult: One government's "spy" can be another's "whistle blower" or "human rights crusader." Throw in MNCs, the WTO, industrial espionage, and environmental/worker protection laws, and the waters just keep getting murkier.

      --
      I am not an animal! I am something worse!
  56. So what... by Politicus · · Score: 1
    The U.S. adopted the Geneva Conventions.

    Oh wait, this law was written by corporations? Nevermind.

    --
    Politicus
  57. they think this possibility is under control by nido · · Score: 0, Flamebait
    Why do you think "the government" sends children to prison for 13 years? (hint: might want to see my last comment).

    7. ONE CAN'T HIDE

    The seventh lesson I teach is that one can't hide. I teach children they are always watched, that each is under constant surveillance by myself and my colleagues. There are no private spaces for children, there is no private time. Class change lasts three hundred seconds to keep promiscuous fraternization at low levels. Students are encouraged to tattle on each other or even to tattle on their own parents. Of course, I encourage parents to file their own child's waywardness too. A family trained to snitch on itself isn't likely to conceal any dangerous secrets.

    I assign a type of extended schooling called "homework," so that the effect of surveillance, if not that surveillance itself, travels into private households, where students might otherwise use free time to learn something unauthorized from a father or mother, by exploration, or by apprenticing to some wise person in the neighborhood. Disloyalty to the idea of schooling is a Devil always ready to find work for idle hands.

    The meaning of constant surveillance and denial of privacy is that no one can be trusted, that privacy is not legitimate. Surveillance is an ancient imperative, espoused by certain influential thinkers, a central prescription set down in The Republic, in The City of God, in the Institutes of the Christian Religion, in New Atlantis, in Leviathan, and in a host of other places. All these childless men who wrote these books discovered the same thing: children must be closely watched if you want to keep a society under tight central control. Children will follow a private drummer if you can't get them into a uniformed marching band.

    -John Taylor Gatto, The Seven Lesson Schoolteacher


    Since those in the general population have been through the standardized government school system, our legislative class (who have been to special private schools, which Gatto talks about in the videos linked to in my previous comment) can count on certain behaviors. There are a few who didn't take to their programming like the rest, but the masses have been trained to snicker and dismiss - "just another wacko 'conspiracy theorist'".

    But now we're seeing that the wackos were right all along. Is the conspiracy still a "theory" if there's a ton of evidence supporting it? (not all theories are supported by evidence, of course, but many are, and substantially so)

    www.prisonplanet.com/
    www.loosechange911.com/ - the official 9/11 story doesn't seem to add up
    www.911revisited.com/ - explores the evidence that pre-planted explosives took down WTC
    www.whatreallyhappened.com - covers all the classic conspiracies - JFK assasination, U.S.S. Liberty attack by Israel, Pearl Harbor, Oklahoma City, etc.

    It's often painful to consider that we've been fooled, so we tend to believe that 'papa goverment' loves us all, and wants the very best for us, no matter the evidence that the institution, "democratic" as it may be, has been hijacked.
    --
    Learn the rules so you know how to break them properly.
    www.teslabox.com
  58. Re:The treaty explicitly allows us to preserve rig by the_womble · · Score: 2, Insightful
    may refuse

    In other words you retain your right to free speech as long as the executive wants you to have it.

  59. Opposite day? by scaryjohn · · Score: 1

    So, now the Pirate Bay can be locked up for breaking U.S. copyright law, but we can claim Swedish law as a defense? Time to start sending my own hillarious kiss-off letters to Time-Warner Music.

    --
    One might ask the same about birds. What ARE birds? We just don't know.
  60. Do we get their Bill of Rights, too? by Anonymous Coward · · Score: 0

    So, if I can be held accountable for other countries' legislative decisions, does that mean that I'll have representation in their legislative bodies? 'Not without representation' is what America's about, right?

    Also- if I can be prosecuted my other legal systems, does that mean that I can also pick and choose from other nations' inalienable rights (such as the Bill of Rights)? Does Aussieland have a constitutional provision mandating 18 hours of surf time per week per prisoner?

  61. "They hate us for our freedom" by payndz · · Score: 1

    So one by one, we're losing those freedoms. Eventually, 'they' won't hate us any more! Brilliant!

    --
    You must think in Russian.
  62. Re:The treaty explicitly allows us to preserve rig by ToastyKen · · Score: 1

    Well, IANAL, but I imagine that as long as the treaty allows for exceptions (and note that the treaty also explicitly allows for exceptions in the case of political offenses), we could argue before the courts that the Constitution should take precendence over the treaty.

  63. Re:The treaty explicitly allows us to preserve rig by noamsml · · Score: 1

    Not quite, the constitution, as far as I understand, still supersedes all treaties. Thus, "may refuse" turns into "must refuse", since otherwise the actions of th executive are still unlawful.
    ...
    ...
    Right?

  64. One world order by nurb432 · · Score: 2, Insightful

    Phfft.

    Too bad there are few places you can go to to escape this 'melding' of the worlds governments to the least common denominator.

    Between things like this and the WTO, a independent country will no longer h ave any sovereign rights at all.

    And before you say anything about being hypocritical, i don't care who's law 'wins', Its wrong. just wrong, even if its mine.

    --
    ---- Booth was a patriot ----
  65. No, not Antarctica. by nurb432 · · Score: 1

    You forget, that most ( if not all ) of the continent has been claimed by other countries around the world

    Sure enforcement is sort of hard, but the law itself is still there.

    --
    ---- Booth was a patriot ----
  66. Senate Outlaws Itself by Doc+Ruby · · Score: 1

    Now that "you have nothing to hide, so why do you care that Bush is tapping your phone" argument is looking pretty masochistic. Do you have nothing to hide from some some foreign government shipping your overseas relatives to concentration camps? Or just a foreign government whose leader's brother is searching for bank accounts to crack?

    Does anyone believe that your personal rights have any value to the US government when it invokes "essential interests" to protect some US jurisdiction from this treaty? Or just the "essential interests" in keeping Enron's and Halliburton's books closed from foreign auditors?

    --

    --
    make install -not war

  67. Global Broken by Doc+Ruby · · Score: 1

    "Questions raised by Internet crime and international speech [...] already vex the developed world, and they're currently being handled without any comprehensive international framework in place to deal with them.

    The Convention at least gives us a place to start.
    "

    So we haven't even figured out basic answers to the first problems of international Internet "crimes" at the local level, so we're enforcing those broken laws in a global framework on billions of people. France and Germany are part of the EU, relatively small and consistent in their culture (compared to "Europe + America"), and even share an open border. Their approach apparently works for their local billing lawyers, even if not for their people. Based on that basic failure, we're adopting the same framework for everyone.

    That's not "a place to start". That's "a bad place to end up".

    --

    --
    make install -not war

  68. Treaties trump Bill of Rights by argoff · · Score: 1

    INAL, but treaties are authroized in the constitution, but most of our rights are secured in the amendments. Legally, the core constitution takes more votes to change than the bill of rights, and trumps it.

    That means that if a foriegn country wishes to screw over our free speech rights, and the US government agrees with them - then the constitution becomes irrelavent.

  69. What? by A+Spoonful+Supreme · · Score: 1

    So other countries actually want us to do this and we're not acting of Manifest Destiny?

  70. Re:The treaty explicitly allows us to preserve rig by aminorex · · Score: 1

    That's utterly ludicrous, given that at least a quarter of the U.S. prison population is there for political crimes.

    --
    -I like my women like I like my tea: green-
  71. Only Yanks will be jailed, foreigners read below. by Anonymous Coward · · Score: 0

    Ultimately the question will be decided in a nuclear war. The US will want some Russian or Chinese person to be sent to some gulag in Africanistan or some such land allowing medeival torture and murder, the other country will say no, we will push, the other will ask how many armored divisions we have to enforce this travesty and the war for MPAA and RIAA domination of the world will begin. How many millions of you American boys and girls want to die in a foreign country or in a watery grave for the preservation of unlimited and obcene profits for a small clique of rich multinationals that control your politicians through payoffs???

  72. Oblig.Re:When you thought it could get no worse... by Anonymous Coward · · Score: 0
    In 2003 the FBI formed Computer Intrusion Squads or Computer Hacking & Intrusion Prevention Squads. The US government has cleverly nicked these as CHIP or CHIPS units (I would have prefered Eric Estrada knocking on my door!). This spread like wild-fire and prompted the FBI to form CHIPS teams in all major cities. I was investigated and arrested by the CHIPS.

    America, fuck yeah!
    Comin' again to save the motherfucking day, yeah!
    America, fuck yeah!
    Freedom is the only way, yeah!
    Terrorists, your game is through, 'cause now you have to answer to
    America, fuck yeah!
    So lick my butt and suck on my balls!
    America, fuck yeah!
    What you gonna do when we come for you now!

  73. Only one choice is left for us all... by uberdude197 · · Score: 1

    Viva La Revolution!!!!!!!!!!!!!!! (dam lameness filter...)

  74. Re:I've Had It! ME TOO! by callingalloldhippies · · Score: 2, Insightful

    Yes, it will get you labeled! We wore many labels in the 60's and 70's but we stood up, shouted from every venue we could.

    We stopped a war. oh! hell! I've posted this a dozen times on /. Women no longer die from back alley abortions, We ended segregation. We marched, we even laid down our lives. We were called traitors, but we recognized wrong and fought for right.

    We did not have the tools you have now. We did not have access to the Freedom of Information Act. We did not have access to instant communications world wide.

    You 'write' the programs (code),the software these governments use. They don't create it..you do! Most of them have no clue until you give them the tools to subvert the principles they take away from 'the people',via the stealth methods that the general public is totally unaware of.

    Remember T. Square and the ingenuity the common people and students used (old fashioned fax machines) to get the TRUTH out to the world.

    The power to replace the checks and balances lays in your hands. Open Source isn't under govt. control. Look how the US govt. fought PGP but they didn't kill it.

    I've confesssed in this forum before, to being a 'real' old hippy, (and again, I reiterate: we DID support OUR troops..just not an ilegal war) and I can't do what you all can do. I can only keep believing that you all hold the future of this planet and it's survival (politically and ecologically)in your hands now. I shudder with fear that apathy and greed have over powered 'rightous indignation, and outrage'!

    O.K., I'll go back to lurking and keep on hopeing Right is Might and some of you are, indeed, out-thinking and taking back the rights of the people with the same slealth they have used to strip us of our ability to utilize those check and balances we have already lost.

    --
    "Never try to teach a pig to sing. It simply wastes your time and truely annoys the pig"
  75. Re:The treaty explicitly allows us to preserve rig by elrous0 · · Score: 1
    otherwise the actions of th executive are still unlawful.

    Sorry citizen, but you've forced me to report you. Please put your hands in the yellow circles and await an enforcement action.

    -Eric

    --
    SJW: Someone who has run out of real oppression, and has to fake it.