Hugh Pickens writes "Thomas O'Toole writes that President Obama's choice for Associate Supreme Court Justice, Sonia Sotomayor, authored several cyberlaw opinions regarding online contracting law, domain names, and computer privacy while on the Second Circuit. Judge Sotomayor wrote the court's 2002 opinion in Specht v. Netscape Communications Corp., an important online contracting case. In Specht, the Second Circuit declined to enforce contract terms (PDF) that were available behind a hyperlink that could only be seen by scrolling down on a Web page. 'We are not persuaded that a reasonably prudent offeree in these circumstances would have known of the existence of license terms,' wrote Sotomayor. Judge Sotomayor wrote an opinion in a domain name case, Storey v. Cello Holdings LLC in 2003 that held that an adverse outcome in an administrative proceeding under the Uniform Domain Name Dispute Resolution Policy did not preclude a later-initiated federal suit (PDF) brought under the Anticybersquatting Consumer Protection Act (ACPA). In Leventhal v. Knapek, a privacy case, Judge Sotomayor wrote for the Second Circuit that New York state agency officials and investigators did not violate a state employee's Fourth Amendment rights when they searched the contents of his office computer (PDF) for evidence of unauthorized use of state equipment. While none of these cases may mean much as far as what Judge Sotomayor will do as an Associate Supreme Court Justice 'if confirmed, she will be the first justice who has written cyberlaw-related opinions before joining the court,' writes O'Toole."

thanosk sends in a story at Wired Magazine about how online culture is, in many ways, trending toward communal behavior. Sharing and collaboration have become staples of active participation on the Internet, while not necessarily incorporating a particular ideology or involving a government. "Most people in the West, including myself, were indoctrinated with the notion that extending the power of individuals necessarily diminishes the power of the state, and vice versa. In practice, though, most polities socialize some resources and individualize others. Most free-market economies have socialized education, and even extremely socialized societies allow some private property. Rather than viewing technological socialism as one side of a zero-sum trade-off between free-market individualism and centralized authority, it can be seen as a cultural OS that elevates both the individual and the group at once. The largely unarticulated but intuitively understood goal of communitarian technology is this: to maximize both individual autonomy and the power of people working together. Thus, digital socialism can be viewed as a third way that renders irrelevant the old debates."

Combat Wombat sends the news that the government in Australia has begun waffling on whether country-wide Internet censorship will be mandatory. "The Rudd Government has indicated that it may back away from its mandatory Internet filtering plan. Communications Minister Stephen Conroy today told a Senate estimates committee that the filtering scheme could be implemented by a voluntary industry code. ... [The shadow communications minister] said he had never heard of a voluntary mandatory system. ... Senator Conroy's statement is a departure from the internet filtering policy Labor took into the October 2007 election to make it mandatory for ISPs to block offensive and illegal content." The censorship plan, which has been called "worse than Iran," was bypassed even before trials started. A minister's defection may have effectively blocked any chance of implementation.

Hugh Pickens writes "Representative Barney Frank of Massachusetts has introduced legislation that would roll back a ban on Internet gambling enacted when Republicans led Congress. The legislation would allow the Treasury Department to license and regulate online gambling companies that serve American customers. Frank's bill has roughly two dozen co-sponsors and the backing of the The Poker Players Alliance, with over a million members. But opponents are mobilizing to defeat the bill including social conservatives and professional and amateur sports organizations, which say more gambling opportunities could threaten the integrity of their competition. 'Illegal offshore Internet gambling sites are a criminal enterprise, and allowing them to operate unfettered in the United States would present a clear danger to our youth, who are subject to becoming addicted to gambling at an early age,' says Representative Spencer Bachus, Republican of Alabama and the ranking member on the House Financial Services Committee. Another powerful roadblock could be the Senate majority leader, Harry Reid, Democrat of Nevada. 'Gaming is an important industry to the state, and anything that affects it will be reviewed carefully,' says Reid's spokesman."

reporter writes "According to a startling report by the Wall Street Journal, the Internet has empowered ordinary people to be part-time intelligence officers, uncovering secrets like military facilities and prison camps across the landscape of North Korea. The report states, '[Curtis] Melvin is at the center of a dozen or so citizen snoops who have spent the past two years filling in the blanks on the map of one of the world's most secretive countries. Seeking clues in photos, news reports and eyewitness accounts, they affix labels to North Korean structures and landscapes captured by Google Earth, an online service that stitches satellite pictures into a virtual globe. The result is an annotated North Korea of rocket-launch sites, prison camps and elite palaces on white-sand beaches. "It's democratized intelligence," says Mr. Melvin. More than 35,000 people have downloaded Mr. Melvin's file, North Korea Uncovered. It has grown to include thousands of tags in categories such as "nuclear issues" (alleged reactors, missile storage), dams (more than 1,200 countrywide) and restaurants (47). Its Wikipedia approach to spying shows how Soviet-style secrecy is facing a new challenge from the Internet's power to unite a disparate community of busybodies.'"

An anonymous reader writes "Not content to simply follow the 'anything to protect American lives' mantra, freshman Representative Jason Chaffetz (R-Utah) has introduced a bill to prohibit mandatory full body scans at airports. Chaffetz states, 'The images offer a disturbingly accurate view of a person's body underneath clothing ... Americans should not be required to expose their bodies in this manner in order to fly.' He goes on to note that the ACLU has expressed support for the bill. Maybe we don't need tin-foil sports coats to go with our tin-foil hats. For reference, the Daily Herald has a story featuring images from the millimeter wavelength imager, and we've talked about the scanners before."

Hugh Pickens writes "New cars and trucks will have to get 30 percent better mileage starting in 2016 under an Obama administration move to curb emissions tied to smog and global warming. While the 30 percent increase would be an average for both cars and light trucks, the percentage increase in cars would be much greater, rising from the current 27.5 mpg standard to 42 mpg. Environmentalists praised the move. Carl Pope, executive director of the Sierra Club, called it 'one of the most significant efforts undertaken by any president, ever, to end our addiction to oil and seriously slash our global warming emissions.' Obama's plan also would effectively end litigation between states and automakers that had opposed state-specific rules, arguing that having to meet several state standards would be much more expensive for them than just one federal rule. The Detroit News reported that automakers were on board with the new rule and had worked with the administration on creating a timeline for the transition." There's a case to be made that raising the CAFE won't save oil or reduce greenhouse gases.

Several have sent word that a YouTube video of recently assassinated lawyer Rodrigo Rosenberg has sent Guatemala into a tailspin. The video of Rosenberg claims that if you are watching, he has been murdered by President Alvaro Colom with help from presidential secretary Gustavo Alejos. "The video spread across the Internet after family members handed it out during Rosenberg's funeral on Monday. In the 18-minute tape, a seemingly calm Rosenberg, sitting behind a desk and microphone, alleges that Colom, the First Lady and two associates were involved in murder, corruption and money laundering. The group, he says, filtered public funds through a state-owned bank for personal gain and to finance drug traffickers. Rosenberg then claims that after Khalil Musa, a prominent businessman and bank board member, had learned of the Coloms' scheme, Musa and his daughter were shot to death in front of a shopping center in April. Rosenberg says the President signed off on the killings."

pha7boy writes "The Cold War International History Project just released the 'Vassiliev Notebooks.' The notebooks are an important new source of information on Soviet intelligence operations in the United States from 1930 to 1950. Though the KGB's archive remains closed, former KGB officer turned journalist Alexander Vassiliev was given the unique opportunity to spend two years poring over materials from the KGB archive taking detailed notes — including extended verbatim quotes — on some of the KGB's most sensitive files. Though Vassiliev's access was not unfettered, the 1,115 pages of densely handwritten notes that he was able to take shed new and important light on such critical individuals and topics as Alger Hiss, the Rosenberg case, and 'Enormous,' the massive Soviet effort to gather intelligence on the Anglo-American atomic bomb project. Alexander Vassiliev has donated his original copies of the handwritten notebooks to the Library of Congress with no restriction on access. They are available to researchers in the Manuscript Division."

Trailrunner7 writes "Threatpost.com reports that security guru Bruce Schneier says not only should the NSA not run cybersecurity for the federal government, no one should. 'Really what I think is it shouldn't be anybody. We do better without a top-down hierarchy. Our economic and political systems work best when there isn't a dictator in charge, when there isn't one organization in charge. My feeling is there shouldn't be one organization in charge. Not only shouldn't it be the NSA, it shouldn't be anybody,' Schneier said."

An anonymous reader writes "After lots of turmoil, including a surprise rejection and a European amendment against it, Sarkozy's 3 strikes law has just been passed by the French Assembly [in French]: 'The first warning mails ... should be sent in the coming fall. In case of second offenders, the first disconnections should start beginning 2010.'"

eldavojohn writes "A policy from the Bush era seen as a hurdle to the government prosecuting companies under antitrust laws has been withdrawn by Obama's Department of Justice. From the article: 'The DOJ's Antitrust Division has withdrawn a September report that "raised too many hurdles to government antitrust enforcement and favored extreme caution" toward antitrust enforcement action, the DOJ said. The change in policy could mean that the department looks harder at the actions of technology vendors such as Google, Oracle and IBM, as detractors have raised antitrust concerns about all three in recent months.' You may recall that Google has come under some antitrust scrutiny recently and the pressure may have just gotten a little more intense."

neurone333 sends along the cause célèbre of the moment in France: a Web executive working for TF1, Europe's largest TV network, sends an email to his Member of Parliament opposing the government's "three strikes and you're out" proposal, known as Hadopi. His MP forwards the email to the minister backing Hadopi, who forwards it to TF1. The author of the email, Jérôme Bourreau-Guggenheim, is called into his boss's office and shown an exact copy of his email. Soon he receives a letter saying he is fired for "strong differences with the [company's] strategy" — in a private email sent from a private (gmail) address. French corporations and government are entangled in ways that Americans might find unfamiliar. Hit the link below for some background on the ties between TF1 and the Sarkozy government.

Kristina at Science News writes "As part of the announcement of its proposed fiscal year 2010 budget, the Obama administration released a summary (called 'Terminations, Reductions, and Savings: Budget of the US Government, Fiscal Year 2010') that includes which science-related programs are getting cut. Two big programs are the nuclear waste storage project at Yucca Mountain in Nevada and a second prototype airborne laser missile-defense weapon." Update: 05/07 23:03 GMT by T : On the other hand, reader Dusty writes, "The NASA budget for 2010 has been announced, up 5% on 2009. Human space flight plans to be reviewed."

Hugh Pickens writes "More than a thousand pages of material about Anti-Counterfeiting Trade Agreement (ACTA), are still being withheld, despite the Obama administration's promises to run a more open government. The EFF and Public Knowledge filed suit in September of 2008, demanding that background documents on ACTA be disclosed under the Freedom of Information Act (FOIA). 'We are very disappointed with the USTR's decision to continue to withhold these documents. The president promised an open and transparent administration,' said EFF Senior Counsel David Sobel. Publicly available information about the treaty shows it could establish far-reaching customs regulations over Internet traffic in the guise of anti-counterfeiting measures. Additionally, multi-national IP industry companies have publicly requested that ISPs be required to engage in filtering of their customers' Internet communications for potentially copyright-infringing material, force mandatory disclosure of personal information about alleged copyright infringers, and adopt 'Three Strikes' policies requiring ISPs to automatically terminate customers' Internet access upon a repeat allegation of copyright infringement. 'What we've seen tends to confirm that the substance of ACTA remains a grave concern,' said Public Knowledge Staff Attorney Sherwin Siy. 'The agreement increasingly looks like an attempt by Hollywood and the content industries to perform an end-run around national legislatures and public international forums to advance an aggressive, radical change in the way that copyright and trademark laws are enforced.'"

An anonymous reader writes "Viviane Reding, Information Society Commissioner of the European Union, is calling for the United States to hand over control of ICANN (Internet Corporation For Assigned Names and Numbers). She said that the organization running ICANN needs be free of control by a single nation, and rather controlled by a private entity and governed by multiple nations. ICANN, headquartered in Marina Del Rey, California, was created in 1998 to oversee a number of Internet related tasks. Reding said, 'In the long run, it is not defendable that the government department of only one country has oversight of an internet function which is used by hundreds of millions of people in countries all over the world.'"

An anonymous reader writes to tell us that as the European Parliament elections loom, StudiVZ, Germany's largest social networking site, has opened up to political parties for election campaigning. That is, if you aren't the Pirate Party. "The other political parties were allowed to have a special account to show they are an organization and not an individual. The Pirate Party, however, was not allowed to have one and instead operated on a standard user account registered by an individual. StudiVZ noticed that the Pirate Party account was not a "real person" and despite it having a thriving network with hundreds of followers, it was summarily deleted. This means that it is impossible for the Pirate Party to have a presence at all on the largest social networking site in Germany." Update: 05/02 19:17 GMT by T : Reader riot notes: "FYI: I just translated the press release to English."

Hugh Pickens writes "The NY Times reports that since last year more than 400,000 Iranians began surfing the uncensored Web using software created for the Falun Gong, a spiritual movement that has been suppressed by the Chinese government since 1999. More than 20 countries now use increasingly sophisticated blocking and filtering systems for Internet content, according to Reporters Without Borders, including Iran, China, Pakistan, Saudi Arabia and Syria. The creators of the software seized upon by Iranians are members of the Global Internet Freedom Consortium, based largely in the United States and closely affiliated with Falun Gong. Interestingly enough, the United States government and the Voice of America have financed some of the circumvention technology efforts, and a coalition is organizing to push for more Congressional financing of anti-filtering efforts, bringing together dissidents of Vietnam, Iran, the Uighur minority of China, Tibet, Myanmar, Cuba, Cambodia, Laos, as well as the Falun Gong, to lobby Congress for the financing. 'What is our leverage toward a country like Iran? Very little,' said Michael Horowitz, a fellow at the Hudson Institute. 'Suppose we have the capacity to make it possible for the president of the United States at will to communicate with hundreds of thousands of Iranians at no risk or limited risk? It just changes the world.'"

An anonymous reader writes "The US is blaming Canada in a new report that claims that Canadian copyright and intellectual property laws are as bad as those found in China and Russia. Michael Geist notes that Canadian officials have dismissed these findings in the past, arguing it 'does not recognize the Special 301 process due to its lacking of reliable and objective analysis.'" (Read more about the annual Special 301 report.)

david_adams writes "All the recent talk about various polls and elections being pranked or hijacked, serious and silly alike, prompted me to write an article about the technical realities behind online polling, and the political fallout of ever becoming subject to online voting for serious elections. Even if we were to be able to limit voting to legitimate, legal voters, the realities of social networking and the rise of Internet-based movements would dramatically alter the political landscape if online voting were to become commonplace."