On ICT law, politics and other digital stuff
A lot of people – politicians, “gurus” and “activists” use the word “Big Brother” and “Orwellian” without having read even the cover of a George Orwell’s book.
They rather want to have a look at this TED-ed short lesson, to discover what they’re actually talking about.
According to NBC, Apple has been ordered by a federal judge to support the FBI in decrypting the Iphone used by the people accused of having slaughtered 14 people in San Bernardino, California, last December, 2, 2015. The court order has been necessary since Apple refused to voluntarily provide such support.
These are the bare facts, that have been turned into a horse of different colours by? bad-faith anti and pro encryption activist. The former sang the usual song “Strong Encryption Smooths Criminals”(FBI Records), while the latter waged the old flag “Weak Encryption Affects Civil Rights”.
The federal court neither asked for a backdoor nor for the enforcement? of a weaker Iphone security, but just said Apple to support the after-crime investigation. This court order doesn’t hampers people’s legal right to strong encryption, because the justice said something like “you have the right to own a strong safe, but the State has the right to try to open it whatever the mean in case of a criminal investigation”. In this context, then, the fact that Apple has been ordered to provide support to the FBI is not constitutionally illegal.
I still support strong encryption for the masses (and for companies too), but I don’t think that making a case out of this court order might help the civil right cause. It only works as as a (maybe unintended) advertising stunt for Apple that can portray itself as a “privacy shield”.
The Web is ISIS’s Nuclear Bomb. This is what Loretta Napoleoni, author of books on the economic side of terrorism, wrote in an article for the leftwinger Italian newspaper Il Fatto Quotidiano.
Napoleoni claims that – as the Marxist ideology did in the past with the “word-of-mouth” or, better, “word-of-book” – ISIS’s propaganda gets its power from a new “ideology-spreading-tool”: the Internet, and thank to the Internet will last, no matter what:
Even though, hypothetically, we should succeed in taking out all of ISIS’s warriors by bombing them and killing al Baghdadi, the ideology that these people have created and their universal message will last on the Internet. 1
I don’t have enough authority to challenge the curious association Napoleoni did between Karl Marx philosophy and ISIS’s vision of the Islamic religion, but I find grossly superficial and offensive for the victims of (every) war to compare “the Web” to a nuclear bomb.
As I wrote in a post, war is made of bullets, and bullets hurt as do (nuclear) bombs. Bombs make carnage, slaughters, shred a human being in pieces, burn, annihilate, vaporize, wipe communities, blindly kill innocents, pollute lands for centuries or millennia (ask Hiroshima and Nagasaki survivors for additional info, just in case.) E-mail, newsgroups, chats, FTP (yes, Napoleoni, the Internet is not only made by HTTP) are tool of freedom designed by free people to give humans a free chance to communicate with no physical and social barrier.
Those like Napoleoni – and her cultural associates, member of the “Internet-as-a-threat Club” – should simply accept the fact that ideas are countered (and sometimes, fought) with ideas and that the worst way to challenge a disturbing statement is to censor it.
The idea that a sole statement might change somebody’s personal philosophy up to turning him into a human bomb carrier is simply wrong. Change of mind happens by way of? tragedies, loneliness, apartheid and injustice and not because of a tweet.
As per the “Internet Patrolling” advocated (not only) by Napoleoni – though sadly labelled by her as ineffective – again, let’s go back to basics: as the East Germany, Russian and Italian political police history show, to fight an enemy and prevent attacks there is no substitute for an actual, massive, ruthless and pervasive physical control. But t this is disturbing and, rightly so, nobody in the Western world is available to give a government so much power.
And here comes the brilliant solution: let’s fall back on the Internet and blame “the Web” as a radicalization tool.
No, Napoleoni, ideologies will not last because of a blog. They will stand until there will be inequality in world, it means until the end of time.
Italian politcians’ mantra, starting from the Chair of the Low Chamber, Boldrini and down to local parties’ minions is “The Internet is an opportunity but…” and then a stream flows of statement like “we need to regulate it”, “we need to keep it free for the righteous citizen”, “we must block hate speeches” and so on.
This reminds me of an old, untitled essay I read on Giancarlo Livraghi’s gandalf.it:
Yesbutters don?t just kill ideas.
They kill companies, even entire industries.
The yesbutters have all the answers.
Yesbut we?re different. Yesbut we can?t afford it.
Yesbut our business doesn?t need it.
Yesbut we couldn?t sell it to our workforce.
Yesbut we can?t explain it to our shareholders.
Yesbut let?s wait and see.
All the answers. All the wrong answers.
For the positive part, dedicated to the Whynotters, just follow this link.
The Right to be forgotten – not a “right” per se, by the way – is a distorted way to enforce the right to privacy and an actual form of censorship because strips from the Court’s hands the power to decide what should be known and what shouldn’t and, further more, is a way to enforce a bottoms-up censorship that a State can easily turn into a top-down dissent shutting.
The Right to be forgotten is the wrong answer to a (maybe) real question: how do you get rid of your embarrassing past if I’ve changed course of life?
Answer: instead of trying to hide the dust under the carpet by removing the search engines’ indexes, just use it at your advantage: run a blog, a social network page or whatever elicit the interest of the search engines’ robots and tell your story. This way you can counterbalance the (allegedly) negative effect of a news relating to you because a search engine will reveal? your side of the story too.
This, of course, if you are sincere in your life-changing effort because, if you’re not,? you might find yourself exposed again to the consequences of your con stunt.
Is the solution to the Right to be forgotten actually as simple as that?
No, because to do so you should be able to properly handle an argument, collect and provide evidences and effectively deliver your statement. And since Cicero’s adepts aren’t that much, it is better to go for the censorship solution: cheaper, faster and good for the powers-that-be.