Orlowski Details Google’s Silencing Miss. AG

As a follow-up to my last post about Google churning the Sony hack into SOPA suds, I wanted to call attention to this detailed article by Andrew Orlowski in The Register.  In that last piece, I refrained from enumerating Google’s conflicts with the laws of several countries, including our own.  I am not an investigative journalist and don’t maintain a detailed diary of those accounts, though I certainly read about many of them.  I also refrained from speculation as to Mississippi Attorney General Jim Hood’s rationale for “taking a break” in his investigation since Google has filed suit against his office; but as Orlowski points out, we should not overlook the fact that the search giant is worth more than Hood’s entire state or that the suit itself looks like a neatly-coordinated PR move.

“The innuendo this time was clear: state AGs were colluding to “break the internet” all over again. It ignited the same persecution fantasy that had fuelled [sic] the SOPA protests (“Let’s get rid of this legislation so we can start enjoying culture again,” wrote one Berkman scholar during the anti-SOPA campaign, somehow implying he couldn’t play music, go to the theatre or watch a movie).

Then, after the stories had circulated, quite coincidentally Google dug into its pockets and launched a highly unusual lawsuit against the attorney general of America’s poorest state.”

Most importantly, Orlowski emphasizes that Hood’s interest in Google hardly begins or ends with the company’s role in copyright infringement of properties belonging to Hollywood studios.

“What Hood wants to know is how Google is complying with a legally-binding settlement. And he’s curious to know whether advertisers are being skimmed – as whistleblowers have long alleged. This is certainly of interest to small businesses, typically “mom and pop” shops, that use Google’s Adsense. That’s the only area where one can argue Hood “opens up a new front” against Google – and he’s seeking more than compliance. And, given the economic interests of poor Missippians and the fact the USA is reluctant to apply fraud or consumer protection laws against Google, it’s hard to see why he shouldn’t.”

If anything, the copyright holders’ interests are among the lower priority concerns for authorities that have been investigating Google, appropriately taking a back seat to fraud, illegal drug trafficking, and human trafficking.

“Have a look how, and where, copyright figures in his 79-page Google subpoena. Just three press releases, none of which relate to copyright infringements, are on the Mississippi website. It’s the very last item on the list. It’s a sub point.”

And in case you don’t read the article, I have to quote Orlowski’s summation in which he makes the most important point:

“My puzzle is, why do intelligent progressives unthinkingly sign up to this agenda? The consequences of Google’s success in silencing Jim Hood are that corporate power cannot be restricted by one of democracy’s main mechanisms for reining it in. Google and Facebook are increasingly resembling “suprastates” to whom national – and perhaps international – law doesn’t apply. But if you think that replacing laws with a free-for-all leads to anything other than the strong crushing the weak, then I have a bridge to sell you.”

See Andrew Orlowski’s full article here.

Google just had to spin the Sony hack.

Can you hear the bells?  They’re not Christmas bells, I’m afraid.  They’re Pavlovian bells, the ones that Google loves to ring whenever the company sees an opportunity to rally the faithful to the cause of “internet freedom.”  They sound like this:  SOPA…SOPA…SOPA.

The Sony hack is a bloody mess, the effects of which have yet to be fully realized.  So far, we have leaks of sensitive, personal information about individuals; meaningless but click-worthy Hollywood gossip; an international crisis with a psychotic, enemy state; threats of terrorism that squashed the release of a motion picture and halted the production of another; an internal dispute between the president of the country and the president of Sony over not releasing that film; and now a threat to attack the White House allegedly issued by North Korea.  But Google thinks this is all about their interests.  Here’s why:

As reported by The Verge and The New York Times, leaked information from the hack reveals that Sony, along with the five other major studios, as well as Microsoft, Expedia, and Oracle  had been in discussion with their own legal teams along with lawyers at the MPAA regarding a strategy to deal with “Goliath,” a code word understood to mean Google. The problem being addressed by the studios in these communications is Google’s well-known recalcitrance in helping to mitigate systemic piracy of filmed entertainment. Moreover, reports about the documents in these links indicate that the motion picture industry has been working with Mississippi State Attorney General Jim Hood, who has been seeking information for more than year regarding Google’s possible role in profiting from child pornography, illegal drug trafficking, and mass copyright infringement.  This association has been criticized by some, and Google has since filed suit against the AG, but nothing thus far indicates any inappropriate activity between the studios and Hood.

It’s no secret that motion picture producers and Google have an ongoing dispute with regard to piracy of filmed entertainment, and I think it’s a safe bet both parties regularly consult with counsel regarding their own interests.  As such, I personally think one of the more serious results of this leak is the rather dramatic breach of attorney/client privilege. I don’t think we want a society in which hackers can arbitrarily violate this fundamental right in our legal system.  Apparently, though, Google’s Sr VP and General Counsel, Kent Walker, was unfazed by this implication — perhaps Google is hacker proof — when he was quoted in Variety saying, “We are deeply concerned about recent reports that the Motion Picture Association of America (MPAA) led a secret, coordinated campaign to revive the failed SOPA legislation through other means.”  And as of this week, Google has launched a campaign it calls Zombie SOPA.  Ding-a-ling!

Walker is not speaking as an attorney, but rather as a PR guy, when he plays the word secret like that in order to imply a conspiracy, knowing full well that communications between clients and attorneys are almost always secret.  But near the end of the article, he is also quoted plaintively wondering why champions of the First Amendment like the MPAA would “want to censor the Internet.”  Hear them ring!  Of course any discussion about legal remedies to mitigate piracy are tantamount to censorship, right? It is the playbook that the Internet industry has been using for years now — that any regulatory or legislative action affecting them is by its very nature an attack on the Internet itself, and therefore an attack on our freedoms.  Really, I plan to remain free and to exercise my right of free expression even if half of Silicon Valley one day does a perp walk.

Google can repeat this play all it wants, but real censorship is what happens when a bully, by one means or another, frightens someone into not speaking.  The Sony hack story is serious business that reveals several very real dangers associated with this global, networked world in which we now live, including real-world censorship.  As one of the lead architects of that networked society, Google should perhaps show some leadership and stop claiming that its disputes with the motion picture industry are about us and our freedoms.  They should stop ringing the damn SOPA bell in hopes that nobody will be able to hear himself think.

An Allusion to Moore – A Christmas Future

Originally posted December 2013 after Amazon announced plans to use small, unmanned drones for rapid delivery to customers within striking distance of distribution centers.

An Allusion to Moore – A Christmas Future

‘Twas the night before Christmas, and I could stay in the house
To do my last bit of shopping with only a mouse.
The Amazon orders were placed with One-Click.
When we’ve got Saint Bezos, who needs Saint Nick?

The kids were transfixed by screens of all sizes
Near the glimmering tree that soon would blossom with prizes.
And I with my nightcap and Ma with her wine
Were chatting with friends and family online.

When out in the village, I heard a faint humming
My heart skipped a beat ‘cause I knew what was coming.
I logged out of Facebook and ran to the door
Like that guy in that poem by Clement Clarke Moore.

A soft rustle of pines, like a whispering crier
Drew my hopeful gaze upward in search of the flier.
Oh, how the moonlight ‘cross rooftops it shone
So I could see clearly, ‘twas an Amazon drone.

It hovered about fourteen feet off the ground
With eight tiny propellors just whirring around.
And I have to admit that I laughed like a child
To see it settle down gently so meek and so mild.

With an invisible driver of the software variety
I soon was relieved of my drone-based anxiety.
It just blinked and beeped like a jolly wee bot,
So, I approached without fear to see what it brought.

What pieces?! What bits? What gadgets? What toys?!
What tchotchkes?! What baubles? What things that make noise?
And like a an egg-laying falcon, it set a box on the lawn.
Then rose back to the treetops leaving me with its spawn.

Then I waved like a fool and wished it good cheer.
“Happy Christmas!,” I shouted, “And a Happy New Year!”
Needless to say, the drone never replied
So I picked up my package and brought it inside.

And beneath that familiar, oversized, bubbly wrap
Was not what I wanted — but some other crap!
Clearly, the folly of some daft, human sorter
Caused that innocent drone to bring the wrong order!

It appears that not even the best of these digital tools
Can completely save Christmas from the bungling of fools.
After all, what’s the point of so much technology
If we can’t sate each desire and transcend our biology?

So, I went back to the Web to untangle this mess
And demand an exchange in one hour or less!
It took just a few taps on my tablet to clear it,
And soon I was back in the right holiday spirit.

Then, in that moment, I felt my mind pause,
On the faintest memory of an old man named Claus.
So, I poured a fresh whiskey, threw back the shot,
Scoffed at myself and banished the thought.

We tucked in the children and bade them be good
Lest the Internet fail to do what it should.
Why cling to legends spun out of dubious zeal
When silicon wizards can fly reindeer for real?

And as I gazed out the window through crisp starlit skies
I felt grateful to know there are some magical guys
Who tinker in workshops in Northern C-A
To make our wishes come true on each bright new day.

Happy Christmas!

Based on “A Visit from St. Nicholas” by Clement Clarke Moore (1822)
“Up on the Housetop”  written by Benjamin Hanby (1864) and performed by Sandy Davis