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Spain's Proposed Internet Law Sparks Protest, Change
[rvr] writes "Last Monday, the Spanish Government published the latest draft for the Sustainable Economy Act, which would enable a Commission dependent of the Ministry of Culture to take down websites without a court order, in cases of Intellectual Property piracy. On Wednesday, using Google Wave, a group of journalists, bloggers, professionals and creators composed and issued a Manifesto in Defense of Fundamental Rights on the Internet, stating that 'Copyright should not be placed above citizens' fundamental rights to privacy, security, presumption of innocence, effective judicial protection and freedom of expression.' Quickly, more than 50,000 blogs and sites re-published the manifesto. On Thursday morning, the Ministry of Culture Ángeles González Sinde (former president of the Spanish Academy of Motion Picture Arts and Sciences) organized a meeting with a group of Internet experts and signers of the Manifesto. The meeting was narrated in real time via Twitter and concluded without any agreement. On Thursday afternoon, the Prime Minister's staff had a private meeting with the Ministry of Culture and some party members (who also expressed their opposition to the draft). Finally, Spain Prime Minister José Luis Rodríguez Zapatero announced in a press meeting that the text will be changed and a court order will continue to be a requirement, but [the government] still will search for ways to fight Internet piracy."
Spain is now added to the growing list of countries attempting to put the free internet genie back in the bottle. Many scoff at such attempts and repeat tired old platitudes from the early 1990s about how the internet routes around censorship, etc. But what they forget is that in the last 10, and particularly in the last 5 years, the internet has changed. Drastically. An unfree web is closer now than at any time in the history of the network.
Several developments have lead us to this point. Firstly, and perhaps most importantly, was the development of the Great Firewall of China. The apparatus designed, developed and implemented by the Chinese communist party has conclusively proven that the internet can be controlled, filtered and censored on a massive scale. The technologies developed for its implementation, largely by western companies, are now being sold back to western governments with much the same task in mind. While the wall is not airtight, it does offer the governments the level of control they once enjoyed over traditional media like books and newspapers. As a mass medium, the internet can be successfully centered.
Secondly, the internet has become more centralised. Despite the hype behind Web 2.0, the majority of new internet technologies and sites are controlled by a smaller number of huge companies like Google, Microsoft, Facebook, etc. What's your hompage right now, and how do you find your way to sites? This is in stark contrast to the very early days of the web, or even the 1990s, where there were no search engines, and the only meeting places were on irc. People now store most, if not all, of their private information on the servers, the "clouds", of big companies, so all that is needed to gain large awareness on the net is control of this relatively small number of private interests.
Thirdly, the vast majority of internet users are now technically unsavvy. Combined with the increasing complexity of website and protocols, this means that the network has become and ever more inscrutable blackbox, and most users will be unaware of any censorship efforts or implementations; that is, where they are not completely apathetic. Whereas in the past, netziens were more likely to spot, and indeed protest at censorship, nowadays most users simply will not care as long as their webmail and social networking accounts are unaffected. Governments can site this apathy as justification, and indeed have.
The Web has changed. We're going to see more and more Governments implementing acts like these. It's in the interests of all big players to shape the internet into a controllable mass medium and that's why they're going to keep pushing these laws, worldwide, until they achieve that goal. In ten years times, earlier times will be looked back on as anarchy by all but a few idealists, who will be looked on as hippies or cranks.
My advice is to learn how to use a typewriter.
May the Maths Be with you!
A few notes for those not aware of how things have been going around here lately (I'm Spanish):
The SGAE is nothing new, they're the usual corrupt mafia-like organization that you'd expect. They're just trying to screw over both consumers and artists as much as they can. They'd love to have it both ways (making downloads illegal and keeping the levies).
Funny tidbit: the SGAE used to claim that Linux was a shareware version of UNIX on their glossary page. They later "fixed" it by lifting a paragraph from Wikipedia, in violation of the GFDL.
They still are, generally (Rounding three years in Madrid quite soon) - Lately a judge decided that P2P sites are okay for private sharing. However, the government tries to slip in above kind of Internet law ruling for quite some time now, it is not the first time and sure it will be not the last time.
The point is (I'm also in Spain), that the proposal states that if a website hosts illegal contents...:
- If the server of that website is in Spain, it will be asked to remove the contents. If it refuses to do it, it will be taken down without a court or a judge involved
- If the server is abroad (here comes the fun part), the Anti-Piracy comission will ask THE SPANISH ISPs (Telefonica, Ono, etc) to BLOCK ACCESS to that website
This easily means that people from spain would not be able to access sites such as megaupload or rapidshare. This means that the Internet seen from Spain would be different when seen from another country.
And this definitely smells like China's firewall.
(sorry for poor english)