The Day We Fight Back

I-do-not-consent-stickerBSix months ago, primarily in light of the issues concerning the NSA’s use of what I believe to be unconstitutional searches I started the process of moving my email system (which is also the email system my family and extended family uses) away from Google Apps.

Last week, I completed the technical transition to the new mail system provided by FastMail.

Today, the fight continues. I called both my Senators, as well as my Representative…yes, I called them. On the phone.

I talked to a live human being and I told them what I thought:

I’d like my Senator / Representative to support and co-sponsor H.R. 3361 / S. 1599, the USA Freedom Act. I would also like my Senator / Representative to oppose S. 1631, the so-called FISA Improvements Act. Moreover, I’d like like my Senator / Representative to work to prevent the NSA from undermining encryption standards.

If you visit AFDN today, you will see a small large banner that will help you contact your Senators and Representative to do the same.

“I Do Not Consent to the Search of this Device / EFF.org” image used under Creative Commons License from EFF

More On Copyright

My cousin Amanda1 wants to know:

I just finished a painting and I wanted to put it on Facebook, but I need to know about copyright stuff, if I put it on Facebook does that give the Facebook people right to it?

Editors note: edited for grammar and such.

The short answer is yes.

Facebook has something called a “Terms of Service”2. It’s a long document, but the part you’re going to be interested in is near the top, section 2 “Sharing Your Content and Information.”

Part 1 reads: “For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.”

I’m not a lawyer, but when you put content you create (such as a picture of your painting) on Facebook, you automatically give them certain rights. However, as soon as you delete the content, the rights you gave them are automatically rescinded unless your content has been shared with others who have not deleted it.

Copyright is a very interesting subject and one that is not very well understood by many people. I’d encourage you to learn more about it. A good place to start would be Wikipedia: http://en.wikipedia.org/wiki/Copyright

If you have any questions, feel free to let me know. I may not be able to answer all of them, however I can also ask my roommate who’s in law school.

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I also sent an email to Auntie, just to make sure everyone is on same page and to (hopefully) provide a Teaching Moment™:

Amanda was asking me about copyrights, which I’m more than happy to give my two cents on in my non-lawyer capacity. However, I’m rather passionate about copyright (or more appropriately, the abuse of copyright and the rights of people) and was hoping this could turn into one of those “teaching moments” I so often hear about from my parents. The Electronic Frontier Foundation (sort of like the ACLU for the electronic age) has a website called “Teaching Copyright” (http://www.teachingcopyright.org/) which provides (for free) a curriculum for teachers to “present the laws surrounding digital rights in a balanced way.”

I think there’s lots of confusion about what copyright is and isn’t. The current copyright (and patent and trademark) system is (in my opinion) a mostly vile shell of what the original intention behind the system was. Yes, strong words, but also words I believe to be accurate. Anyway, I’d encourage you take a look. The site is pretty decent and while not comprehensive, at least gets the ball rolling.

You may also be interested in Creative Commons (http://creativecommons.org/), which “provide a flexible range of protections and freedoms for authors.” An example of this would be my website (https://andrewferguson.net/some-rights-reserved/) and almost all of my photos.

As always, feel free to ask lots and lots of questions.

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I’m curious where copyright and the like is headed. I’ve been fed-up with the current system a little while now, but I’m usually on the early side of the “early adopters”. My hope is, of course, that we are starting to see more uptick in the desire to return to the origins of the copyright, “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”3

A graph of Everett Rogers Technology Adoption Lifecycle model. Copyright 2007 Natebailey, Creative Commons Attribution 2.5.

  1. who is, incidentally, the sister of my cousin Nick 

  2. http://www.facebook.com/terms.php?ref=pf 

  3. Article I, Section 8, Clause 8 of the United States Constitution 

Blogers Rights

More Inboxen™ cleanout time. However, this is something that everyone who blogs, or is thinking about blogging, should read. As a blogger you have many rights and you probably should know about them. From BoingBoing’s EFF’s blogger’s rights guide for students:

Do Public School Students Have Free Speech Rights under the First Amendment?
Absolutely. Both minors and adults have First Amendment rights, and according to the Supreme Court, public school students don’t “shed their constitutional right to freedom of speech or expression at the schoolhouse gate.” See Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969). In the Tinker case, the Court said that public high school students had a First Amendment right to wear black armbands to class in symbolic protest of the Vietnam War. “Students in school as well as out of school are ‘persons’ under our Constitution,” the Court said, and “they are possessed of fundamental rights which the State must respect…”
But I’m a Private School Student–What About Me?
You also have First Amendment rights, but those rights only protect you from government censorship, not private censorship. As a general matter, you will receive no protection from censorship or punishment by a private school or college. See e.g. Ubriaco v. Albertus Magnus High School, No. 99 Civ. 11135 (JSM) (S.D.N.Y. July 21, 2000) (dismissing claim contesting private school expulsion for content on personal web site). However, as discussed below, some states provide private high school and college students with additional speech protections that go above and beyond the First Amendment. Furthermore, if your private school has an applicable written policy, the school must follow that policy.

Also keep in mind that even though your private school may have the right to enforce a stupid rule, that doesn’t make it any less stupid. So, if your private school is going overboard in trying to squelch online speech, contact EFF. Depending on the facts, we may be able to help you publicize the problem and hopefully convince your school to be more reasonable.

Link: The rest of the student blogger FAQ

Link: More Rights for Bloggers