civil

Spineless Human Rights in Sweden

There was a time when the Swedish government dared to look any power straight in the eye and state loudly and clearly that crimes against humanity were wrong. Maybe our best time for this was when, in the Christmas of 1972, the Prime Minister Olof Palme spoke out against the US bombing of Hanoi comparing it with other great crimes against humanity. A position such as this led to a freeze in diplomatic relations. Since then the relations have been mended but not at the cost of our honour (a dangerous word, I know).

Today we sell whatever we can. And no matter whether the politicians are on the right or left the thought of taking a stand for that which is morally right is nowhere near the agenda.

On the 18 December 2001 Mohammed Alzery an Egyptian national seeking asylum in Sweden was picked up by Swedish Security Police and informed that his application for asylum had been rejected a few hours earlier. He was not allows to communicate with his lawyer or family, and within hours he was transported to Bromma airport. He was then handed over to some ten foreign (US and Egyptian) agents in civilian clothes and hoods and forcibly sent back to Egypt.

All this despite the fact that he had obviously been tortured and had reason to fear for his life.

How could the government do this? Well easy the asked the Egyptians to promise not to torture or kill him. When they agreed (all this in writing). The Swedes washed their hands of the affair.

The Swedes wrote: â??It is further the understanding of the Government of the Kingdom of Sweden that these persons will not be subjected to inhuman treatment or punishment of any kindâ?¦and further that they will not be sentenced to deathâ?¦â??The Egyptian Government responded in writing: â??We herewith assert our full understanding to all items of this memoire, concerning the way of treatment upon repatriate from your government, with full respect to their personal and human rights. This will be done according to what the Egyptian constitution and law stipulates.â??

How civilised. Its bullshit, everyone must have known it was bullshit, but so civilised. Which spineless Swedish civil servant typed this crap? Do you sleep at night? Or do you (I wish I could ask you – whoever you are – these questions in person one day) wake up screaming? You should you know…

Naturally he was tortured. He was then tortured again for telling the world he had been tortured. How can a state write the letter Sweden wrote? Simply by asking a state not to torture a specific individual is an admission that this kind of treatment occurs. Sweden played an active part in the torture – no Swedes actually did the dirty work, we simply outsourced it.

The United Nations Human Rights Committee says Sweden broke the international ban on torture for its actions. The Swedish government had already been criticised for the deportations, including the by the UNâ??s Torture Committee.

We have come a long, long way from when we looked superpowers in the eye armed only with our morality – and won.

Posted on by mklang

Cool Job

Looking for a really cool job? How about working for the Electronic Frontier Foundation in Brussels…

EFF Seeks European Affairs Co-ordinator

The Electronic Frontier Foundation (EFF) is looking for a European
staffer to head up our new Brussels office and round out our
international team. This is a new position focused on European
Community level intellectual property and civil liberties policy
initiatives that impact the digital environment. The position will be
part policy analyst, part activist and part educator.

We are looking for a motivated and dynamic European with:

– excellent written and spoken English language skills, and fluency
in another relevant language (preferably French or German or another
major European language);
– well-developed public speaking and social skills, who can talk with
a wide range of audiences including European MEPs and Commission
staff, consumer rights and public interest groups, computer
programmers and media;
-familiarity with current European Community IP and civil liberties
legislative and policy developments;
– a solid understanding of the European Community’s structure, main
fora, decision-making processes and key personnel and committees that
work in the IP and civil liberties arenas;
– strong policy analysis skills;
– a good strategic sense;
– maturity of judgment;
– demonstrated ability to meet deadlines and work with others
remotely; and
– the ability to travel throughout Europe, and to the United States.

EFF is passionate about our mission, and our ideal candidate will be
too. We work on cutting-edge issues in a fun, fast-paced team
environment. Salary and details of benefits package available on
request.

Applicants: please send a cover letter and resume in TXT, RTF, ODT,
DOC, PDF or html format to eurocoordinator@eff.org

Deadline for applications: Rolling, but not later than December 1, 2006.

No, I am not planning to apply. But it would be a really cool challenge…

Posted on by mklang

Mobiles, Trains and Rules

For the second time within seven days I am on my way to Stockholm. Taking the train makes this a simple and comfortable three hour journey with access to coffee and wifi as opposed to a one hour flight filled with trips to airports, queuing and cramped conditions. Basically either way you arrive at your destination almost at the same time – only difference is on the train I can work.

An old addition to the train is the implementation of mobile free compartments. In these compartments the travellers must keep their mobile phones turned off. Since I am not bothered by people speaking loudly about their personal or business affairs I tend not to choose mobile free compartments.

On my last trip I was speaking with a friend of mine on the phone. When I hung up a person in the seat furtherst from me across the aisle rather haughtily pointed out that this was a mobile free compartment. I was very polite but since I was sure it was not I informed him of where the compartment was. He apologised.

Now to the part that is interesting. Not long after this event, his own mobile rings and he answers it and has a conversation!

This makes me very curious as to his desire to inform me (wrongly) of the rules concerning mobile telephones and trains. I have a few alternatives:

A) He is a rule-driven Kantian obsessivly concerned about rules. Yet he is also an active civil disobedient and wants to make a political statement about mobile phone rules.

B) He really thought that the compartment was mobile-free and when he realised he was wrong he overcame his annoyances about people talking loudly in phones and gratefully answered his own phone.

C) He was conducting a social experiment dealing with the enforcement of rules.

D) He is a prat who does not feel that rules apply to him but are only there to stop others from annoying him.

Considering the fact that most other travellers in class I choose wear suits and I do not – I am inclined to choose D.

Posted on by mklang

A Plan

My research has been driven by two things. First I am, and want to be, an academic. This makes me interested in theories, methods and attempting to explore and explain the things I see around me. The second part of my driving force is my passion for what I do. I cannot work unless I feel what I do is important and may eventually bring about positive change. With this I do not mean a passion for academia but a passion for the subject matter.

This latter thing something that many people have pointed out during my thesis defence and the presentations I give. I secretly (not any more?) have difficulty with those who see their research as just another job. I donâ??t mean that they do lesser work â?? they do not. But I donâ??t understand where they find the energy to do things without passion.

Plan of the Parthenon

This leads to the point of my announcement. I know what I want to do with the next part of my career life. I aim to continue working under the umbrella of digital rights and democracy, with a particular focus on the actions and perspectives of users.

As a part of this I have two major projects underway, both in collaboration with smart and exciting people. The first is the development of a base for Free Software research and activity at the IT-University of Göteborg. The second is the development of the Resistance Studies Network at the School of Global Studies. These two are both faculties at the University of Göteborg.

At the FSF I hope to develop my understanding of legal issues and technical limitations. While at the RSN I intend to focus on digital civil disobedience. These are both topics which I had in my thesis â?? so itâ??s more in depth work rather than breaking new ground personally.

Right now both these projects are in the planning phases and will result in lots of work. So I will keep you all informed as it progresses.

It nice to have a plan, so now you knowâ?¦

Oh, and I have a few odd morbid side-projects, not to mention this blog, which I fully intend to persue but they cannot become mainstream to my work…yet.

Posted on by mklang

Homage to Catalonia

One of the things that I promised myself was that I would read more fiction after I was done with the PhD. Right now I am reading Orwell’s “Homage to Catalonia” which is a mix of memory and description of the Spanish civil war were Orwell went to fight against facism. For Orwell the journey to Spain was necessary since it was the first country to actually protest the facist regime and to put up a fight against what was to prove to be the last centuries biggest political mistake.

He also writes with brutal honesty about the terrible conditions of those involved in the everyday fighting of the war. There is no glamour and even less honour.

An example which takes place after an attack on a facist position outside the town of Heusca. They took the facist trench but were driven back again:

They had left the parapet and were coming after us. ‘Run!’ I yelled to Moyle, and jumped to my feet. And heavens, how I ran! I had thought earlier in the night that you can’t run when you are sodden from head to foot and weighted down with a rifle and cartridges; I learned now you can always run when you think you have fifty or a hundred armed men after you. But if I could run fast, others could run faster.

On the totality of his experiences in Spain, Orwell writes:

When we went on leave I had been a hundred and fifteen days in the line, and at the time this period seemed to me to have been one of the most futile of my whole life. I had joined the militia in order to fight against Fascism, and as yet I had scarcely fought at all, had merely existed as a sort of passive object, doing nothing in return for my rations except to suffer from cold and lack of sleep. Perhaps that is the fate of most soldiers in most wars. But now that I can see this period in perspective I do not altogether regret it.

This is the most iconic photo of this conflict. It is Robert Capa’s Death of a Republican

Posted on by mklang

Call for Copyright Activists

Merriam-Webster’s Dictionary define the word Extortion as obtaining (as money) from a person by force, intimidation, or undue or unlawful use of authority or power.

In order for musicians to get paid copyright collectives began to appear in the 19th century. These collecting societies were formed to ensure that those who create copyrighted material are able to collect the money they are due. In its simplest form the member musician hands over control of his/her economic rights to the collecting society. The collecting society then has the mandate to collect the dues. Once collected these funds are dispersed among the members.

In most (at least European) countries the collecting societies have established themselves as a central part of the socio-economic system. They are powerful interest groups which ensure that they (and in extention their members) are catered to by the political-legal system. By entering into agreements with trade organisations the collecting societies now have established the right to collect money from all businesses that play music, show tv etc to their customers.

Rasmus at Copyriot has written an interesting piece on the way in which collecting societies manage to collect money. In Sweden the most active collecting societies are SAMI and STIM which are able to collect money for any music played in places of business where customers gather.

So large everything from: hotels with music in the lifts, small pizzerias whose music annoys you while you wait for your delivery, hairdressers, businesses that play cheesy music while you are on hold and cafés with music nobody listens to. They are all required to pay to the collecting societies.

Rasmus even relates an event where a policeman at a demonstration in Germany wrote down all the songs played and sent the list to the German collecting societies who promptly sent the organiser a bill. Swedish law would work in the same way. The policemanâ??s superior stated that the policeman had gone too far but the bill still has to be paid. (link to story in German).
The Spanish Case

In 2005 the main Spanish collecting society (Sociedad General de Autores y Editores – SGAE) â?? sued Ricardo Andrés Utrera Fernández, the owner of Metropol, a disco bar located in in Badajoz for not paying SGAEâ??s license fee of 4.816,74 â?¬ for the period from November 2002 to August 2005 for the public performance of music.

On February 17th, 2006, the Lower Court number six of Badajoz, a city in Extremadura, Spain, rejected the collecting societyâ??s claims because the owner of the bar proved that the music he was using was not managed by the society. The music performed in the bar was licensed under CC licenses that allows that public display since the authors have already granted those rights. Specifically, the judge said:

â??The author possesses some moral and economic rights on his creation. And the owner of these rights, he can manage them as he considers appropriate, being able to yield the free use, or hand it over partially. “Creative Commons” licenses are different classes of authorizations that the holder of his work gives for a more or less free or no cost use of it. They exist as â?¦ different classes of licenses of this type â?¦ they allow third parties to be able to use music freely and without cost with greater or minor extension; and in some of these licenses, specific uses require the payment of royalties. The defendant proves that he makes use of music that is handled by their authors through these Creative Commons licenses.â?? (quote from CC)

The full text of the decision (in Spanish) is available here. The Spanish case sets a new precedent in that it confirms that the collecting societies can only collect if the music played is made by members of collecting societies.

Copyright Activists Needed
What needs to be done? Hairdressers and café owners are probably not the most tech or Internet savvy. So to help them the basic idea is to set up a website filled with CC licensed music and easy howto instructions on how to use the music either online or by downloading and creating CDâ??s.

Aside from music arranged by genre, technical information on how to use it, the site should include legal information explaining why the users will no longer have to pay money to the collecting societies.

This copyright civil disobedience could potentially become the most important method for affecting change in the copyright system since it attacks the purse of the collecting society. In addition to this the scheme is legal. This last point does not make it less civil disobedience since the organisation of the site is a form of protest against the extortionary powers which the collecting societies have collected.

Posted on by mklang

Glowing Review

I came across a glowing review on Amazon for Human Rights in the Digital Age (edited by Andrew Murray and myself). Getting a glowing review is a very nice feeling! So good that I naturally feel the need to reprint it here!

I read this book following Conor Gearty’s advice in his 2005 Hamlyn Lecture Series “Can Human Rights Survive?” that this book “should be required reading for all those interested in the future good health of our subject”. Although it drew on a wide variety of contributors, some better than others, overall I found the book filled a void in the current literature and for this reason alone it would be a must read. That aside though I found the contributions to be thought provoking and useful. Some of the better chapters come from Mathias Klang who discusses Cyber-activism and online civil disobedience, Douglas Vick who puts US and European views of free expression to the test and Andrew Murray who challenges the orthodox views that government should look after itself – at least when it comes to controlling the information flow about itself.

This is an excellent collection of essays and I simply echo Conor Gearty’s words – buy it if you are interested in the future good health of the discourse on human rights.

Posted on by mklang

Summer progress

It’s a hot summer. Brains are melting and work is sluggish. Despite this deadlines loom over us the unrelenting sunshine. My PhD thesis defence is on the 2 October. The book goes to the publishers in the last week of August.

The title of the work is “Disruptive Technology – Effects of Technology Regulation on Democracy” and it will be available under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 License. The blurb on the back cover will have this text:

Social interaction is partly shaped by technology being used. Therefore technological innovation affects modes of social interaction. While gradual technological innovation is often assimilated, some changes can be more disruptive. This research examines the democratic impact of attempts to control disruptive technology through regulation. This is done by studying attempts to regulate the phenomena of online civil disobedience, viruses, spyware, online games, software standards and Internet censorship â?? in particular the affect of these regulatory attempts on the core democratic values of Participation, Communication, Integrity, Property, Access and Autonomy. By studying the attempts to regulate the disruptive effects of Internet technology and the consequences of these regulatory attempts on the IT-based participatory democracy this work shows that the regulation of technology is the regulation of democracy.

If anyone wants to read an advance version it’s available here. If you send me comments before end of August then I can make changes in the text.

Other facts about the book:

It’s 272 pages long
It’s 103027 words long
It will have a cover design by Jähling.

Posted on by mklang

Are we losing the right to dissent?

Most of us have been in the position where we wanted to ask a stupid question â?? but did not ask it for fear of being seen to be stupid. We practice the noble art of silence. That this is common can be seen when someone else asks the stupid question and immediately a group of people in the audience gratefully acknowledge the importance of the question. Fear of standing out from the group is a powerful force of censorship.

The main problem with consensus is that anyone who disagrees is in the unfortunate position of being abnormal. The group is the norm â?? therefore disagreement with the group is abnormal. This is why censorship is dangerous. It creates the impression that anyone with a dissenting voice is abnormal. Fear of being considered outside the group leads most people to conform with the group and practice self-censorship â?? which in turn reinforces the illusion of consensus and the oddity of the dissenter.

Therefore to ensure that social discussions are not limited or quashed voicing dissent is important since it may encourage others to think and participate. Naturally the object of criticism would prefer not to be criticised and may work to prevent the voicing of criticism. This is, in most cases, not taken to extremes. But in the recent years the limitation of dissent has become a legitimate form of government activity.

Since government has a legitimate interesting in protecting all citizens it can be forced to prevent the actions of some citizens to ensure the safety of all. But this principle is being perverted. By identifying themselves as the nation, politicians are beginning to protect themselves from open criticism. Through the use of the extended public defence argument politicians now argue that it is wrong to criticise them since they are acting in the best interests of the nation.

In 2003 Stephen Downs was arrested for wearing a T-shirt with the text â??Give Peace a Chanceâ??.

In 2004 Nicole and Jeff Rank were removed from the event at the West Virginia Capitol in handcuffs after revealing T-shirts with President Bushâ??s name crossed out on the front. Nicole Rankâ??s shirt had the words â??Love America, Hate Bushâ?? on the back and Jeff Rankâ??s said â??Regime change starts at home.â??

In 2005 Charlotte Denis was arrested for wearing a T-shirt with the text â??Bollocks to Blairâ??.

In 2006 Cindy Sheehan was arrested for wearing a T-shirt with the text â??2,245 Dead. How many more?â??

In 2006 Mike Ferner was arrested for drinking coffee while wearing a T-shirt with the text â??Veterans for Peaceâ??.

Another example is the UK law that prevents ANY demonstrations within a mile radius of parliament. This has led demonstrators to meet and conduct an extremely civilised form of protest â?? a tea party at the Winston Churchill statue. On occasion police arrest these demonstrators.

Posted on by mklang

Prudent use of DNA

The official position towards the use of DNA in police investigations in Sweden has until quite recently been unanimously positive. This positive stance has occasionally burst out in fits of blind optimism. One such example was when an ex-police chief and a law professor wrote a debate article in one of the main Swedish newspapers arguing (on extremely weak arguments) that everyone in Sweden should be forced to give DNA samples since this would prevent those who had been forced to give DNA samples in the line of police inquiries from being discriminated.

This techno-optimism approach to DNA may however be receiving a few more sober reflective comments. In an article in Dagens Nyheter the head of Swedish homicide investigation Dag Andersson states that the police must be very careful of becoming single minded. In other words DNA is a useful tool but it can also limit the efficiency of the police since they are too busy searching and analysing DNA samples to actually use more traditional â?? and no less efficient methods.

My critique of DNA in police investigations is the danger of over-reliance on technology and the misallocation of resources. Taking masses of DNA samples from a high number of suspects is sloppy work. It promotes laziness and is connected with high costs. These costs could have been better used in preventative measures enacted before the crime took place.
The Swedish Minister of Justice is a big fan of the implementation of high-tech. But in common for all his techno-optimism is that they are high-cost measures designed to be implemented after the fact. This high-cost techno-optimism approach is designed to hide the fact that there is really no plan or initiative to work in a manner to prevent crime.

An additional “side-effect” is also that civil rights are trampled upon with the bad excuse that such trampling is necessary.

Posted on by mklang