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posted by Fnord666 on Thursday July 30 2020, @02:07PM   Printer-friendly
from the change-is-in-the-wind dept.

Democrats want a truce with Section 230 supporters:

Section 230 of the Communications Decency Act, which says apps and websites aren't legally liable for third-party content, has inspired a lot of overheated rhetoric in Congress. Republicans like Sen. Josh Hawley (R-MO) have successfully framed the rule as a "gift to Big Tech" that enables social media censorship. While Democrats have very different critiques, some have embraced a similar fire-and-brimstone tone with the bipartisan EARN IT Act. But a Senate subcommittee tried to reset that narrative today with a hearing for the Platform Accountability and Consumer Transparency (PACT) Act, a similarly bipartisan attempt at a more nuanced Section 230 amendment. While the hearing didn't address all of the PACT Act's very real flaws, it presented the bill as an option for Section 230 defenders who still want a say in potential reforms.

[...] Still, Section 230 has been at the forefront of US politics for years, and some kind of change looks increasingly likely. If that's true, then particularly after today's hearing, a revised version of the PACT Act looks like the clearest existing option to preserve important parts of the law without dismissing calls for reform. And hashing out those specifics may prove more important than focusing on the policy's most hyperbolic critics.


Original Submission

posted by Fnord666 on Saturday July 25 2020, @05:13PM   Printer-friendly
from the UPC-seal-of-approval dept.

brexit means brexit

UK formally abandons Europe's Unified Patent Court, Germany plans to move forward nevertheless:

The UK has formally ditched the Unified Patent Court (UPC), a project to create a single pan-European patent system that would fix the confusing mess of contradictory laws currently in place.

In a written statement in the House of Commons on Monday, the British undersecretary for science, research and innovation Amanda Solloway noted that: "Today, by means of a Note Verbale, the United Kingdom of Great Britain and Northern Ireland has withdrawn its ratification of the Agreement on a Unified Patent Court."

The reason is, of course Brexit. "In view of the United Kingdom's withdrawal from the European Union, the United Kingdom no longer wishes to be a party to the Unified Patent Court system. Participating in a court that applies EU law and is bound by the CJEU would be inconsistent with the Government's aims of becoming an independent self-governing nation," she said.

[...] The whole idea of the UPC has been fought for over a decade now, making many its adherents borderline fanatical in making it a reality, even more so given frequent setbacks. In their unerring support, however, many seem willing to overlook or turn a blind eye to serious problems, not least of which is the mess that is the European Patent Office (EPO).

[...] The EPO is, of course, a big fan of the UPC and insists the UK leaving is a mere trifle to the larger European dream of a single patent system; a system that would give it significantly more power:

"These economic benefits for European companies and especially SMEs will not be affected by the announcement of the United Kingdom," it insisted in its submission to the German government.

"Even without the UK, the UP package will lead to significant simplification and cost reduction for the companies of the participating EU member states, which is also largely recognized by European companies."


Original Submission

posted by martyb on Friday July 24 2020, @09:27AM   Printer-friendly
from the counting-is-hard-when-it-counts dept.

With No Final Say, Trump Wants To Change Who Counts For Dividing Up Congress' Seats:

President Trump released a memorandum Tuesday that calls for an unprecedented change to the constitutionally mandated count of every person living in the country — the exclusion of unauthorized immigrants from the numbers used to divide up seats in Congress among the states.

The memo instructs Commerce Secretary Wilbur Ross, who oversees the Commerce Department, to include in the legally required report of census results to the president "information permitting the President, to the extent practicable" to leave out the number of immigrants living in the U.S. without authorization from the apportionment count.

But the move by the president, who does not have final authority over the census, is more likely to spur legal challenges and political spectacle in the last months before this year's presidential election than a transformation of the once-a-decade head count, which has been disrupted by the coronavirus pandemic.

[...] Since the first U.S. census in 1790, both U.S. citizens and noncitizens — regardless of immigration status — have been included in the country's official population counts.

The fifth sentence of the Constitution specifies that "persons" residing in the states should be counted every 10 years to determine each state's share of seats in the House of Representatives. The 14th Amendment, which ended the counting of an enslaved person as "three fifths" of a free person, goes further to require the counting of the "whole number of persons in each state."

It is Congress — not the president — that Article 1, Section 2 of the country's founding document empowers to carry out the "actual enumeration" of the country's population in "such manner as they shall by law direct."

In Title 2 of the U.S. Code, Congress detailed its instructions for the president to report to lawmakers the tally of the "whole number of persons" living in each state for the reapportionment of House seats. In Title 13, Congress established additional key dates for the "tabulation of total population."


Original Submission

posted by Fnord666 on Thursday July 23 2020, @05:21AM   Printer-friendly
from the same-old-same-old dept.

Senators demand answers on expired surveillance programs:

Sens. Patrick Leahy (D-Vt.) and Mike Lee (R-Ut.) on Thursday pressed the Trump administration on whether and how mass surveillance programs authorized by the Foreign Intelligence Surveillance Act have been halted since the act's expiration.

The letter to Attorney General William Barr and Director of National Intelligence John Ratcliffe raises concerns that the administration may be be continuing to conduct surveillance operations by relying on Executive Order 12333.

The order, issued on 1981, has been used before to conduct operations without statutory authorization or congressional oversight.

"Congress and the American people have a right to know if this or any other administration is spying on people in the United States outside of express congressional approval, with no or diminished guardrails," Sens. Leahy and Lee wrote.

"The rights of all Americans depend on their government exercising its power responsibly, adhering to the rule of law, and upholding its duty to act transparently. Any surveillance conducted in the absence of statutory authorities and congressional oversight would be extraordinarily concerning and illegal."

Reauthorization of the key FISA provisions under the USA Freedom Act has stalled.


Original Submission

posted by martyb on Wednesday July 22 2020, @06:35PM   Printer-friendly
from the US-consulates-ordered-closed-in-3...2... dept.

U.S. Orders China to Close Its Houston Consulate in 72 Hours (archive)

The United States ordered China to close its diplomatic consulate in Houston, the Chinese foreign ministry said on Wednesday, dealing another blow to the rapidly deteriorating relations between the two countries.

In the hours after the Trump administration notified the Chinese of its decision, smoke was seen billowing from a courtyard inside the consulate as employees dumped what appeared to be documents into flaming barrels, according to a video posted by KPRC-TV, a local television station.

The Houston police and fire departments responded to reports of a fire on Tuesday evening but did not enter the building, over which the Chinese have sovereignty.

Also at BBC and CNBC.


Original Submission

posted by Fnord666 on Monday July 13 2020, @04:23PM   Printer-friendly

Absurdity of the Electoral College:

Here's one nice thing we can now say about the Electoral College: it's slightly less harmful to our democracy than it was just days ago. In a 9-0 decision, the Supreme Court ruled that states have the right to "bind" their electors, requiring them to support whichever presidential candidate wins the popular vote in their state. Justice Elena Kagan's opinion was a blow to so-called "faithless electors," but a win for self-government. "Here," she wrote, "the People rule."

Yet while we can all breathe a sigh of relief that rogue electors won't choose (or be coerced) into derailing the 2020 presidential contest, the Court's unanimous ruling is a helpful reminder that our two-step electoral process provides America with no tangible benefits and near-limitless possibilities for disaster. To put it more bluntly, the Electoral College is a terrible idea. And thanks to the Justices' decision, getting rid of it has never been easier.

[...] The Electoral College, in other words, serves no useful purpose, other than to intermittently and randomly override the people's will. It's the appendix of our body politic. Most of the time we don't notice it, and then every so often it flares up and nearly kills us.

[...] Justice Kagan's words – "Here, the People rule" – are stirring. But today, they are still more aspiration than declaration. By declining to make the Electoral College an even great threat to our democracy, the Court did its job. Now it's up to us. If you live in a state that hasn't joined the interstate compact, you can urge your state legislators and your governor to sign on. And no matter where you're from, you can dispel the myths about the Electoral College and who it really helps, myths that still lead some people to support it despite its total lack of redeeming qualities.

More than 215 years after the Electoral College was last reformed with the 12th Amendment, we once again have the opportunity to protect our presidential-election process and reassert the people's will. Regardless of who wins the White House in 2020, it's a chance we should take.

Would you get rid of the Electoral College? Why or why not?

Also at:
Supremes Signal a Brave New World of Popular Presidential Elections
Supreme Court Rules State 'Faithless Elector' Laws Constitutional
U.S. Supreme Court curbs 'faithless electors' in presidential voting
Supreme Court rules states can remove 'faithless electors'


Original Submission

posted by Fnord666 on Wednesday July 08 2020, @04:22PM   Printer-friendly
from the everything-is-fine-here dept.

USA Today reports Trump has Officially Begun to Withdraw the US From the World Health Organization as Pandemic Spikes:

The Trump administration has officially begun to withdraw the United States from the World Health Organization, even as the COVID-19 pandemic continues to grip the globe and infections spike in many states across the U.S.

Congress received formal notification of the decision on Tuesday, more than a month after President Donald Trump announced his intention to end the U.S. relationship with the WHO and blasted the multilateral institution as a tool of China. The White House said the withdrawal would take effect on July 6, 2021.

[...] The formal withdrawal comes as the United States nears 3 million reported coronavirus cases and more than 130,000 deaths, according to Johns Hopkins University data. Globally, there have been 11.6 million cases and almost 540,000 deaths.

Additional Coverage:
Trump administration moves to formally withdraw US from WHO
Trump administration begins formal withdrawal from World Health Organization
Trump Begins Process Of U.S. Withdrawal From World Health Organization

Previously:
(2020-05-20) Trump Threatens to Take US Out of WHO Entirely and Stop All US Funding
(2020-04-15) Trump to Halt Funding to WHO


Original Submission

posted by martyb on Wednesday July 08 2020, @03:51AM   Printer-friendly
from the dangerous-times dept.

Trump official: Unclear if RNC can be safely held in Florida:

A top Trump administration health official says it is not clear whether it will be safe to hold the Republican National Convention (RNC) in Jacksonville next month as Florida sees record numbers of coronavirus cases.

The comments on Sunday came a month after Republican officials moved the event from North Carolina over a dispute over health precautions.

Stephen Hahn, the Food and Drug Administration commissioner, also refused to confirm President Donald Trump's claim that 99 percent of coronavirus cases were harmless and called the situation a "serious problem".

With record numbers of people testing positive for the virus in Jacksonville and across Florida, Hahn was asked if it would be safe to hold the typically large RNC gathering in just seven weeks.

On Saturday, Florida reported a new record of nearly 11,500 new coronavirus cases, amid a surge in cases in western and southern states. To date, nearly 130,000 people have died in the US amid 2.83 million cases.

"I think it's too early to tell," Hahn said on CNN's State of the Union programme. "We will have to see how this unfolds in Florida and elsewhere around the country."

The Republican Party in June announced it was moving most of the convention activities to Jacksonville from Charlotte after a battle over coronavirus safety concerns with North Carolina Governor Roy Cooper, a Democrat.

[...] Trump has been known to thrive on large crowds at his campaign rallies and has not embraced masks or social distancing measures at events since the country began reopening from the coronavirus shutdown.

The president has also repeatedly sought to minimise the jump in confirmed cases and claimed without evidence in a July Fourth speech that 99 percent of cases in the United States were "totally harmless".


Original Submission

posted by martyb on Tuesday July 07 2020, @12:48PM   Printer-friendly
from the could-just-ask-23-and-me dept.

DNA Databases in the U.S. and China Are Tools of Racial Oppression

Two major world powers, the United States and China, have both collected an enormous number of DNA samples from their citizens, the premise being that these samples will help solve crimes that might have otherwise gone unsolved. While DNA evidence can often be crucial when it comes to determining who committed a crime, researchers argue these DNA databases also pose a major threat to human rights.

In the U.S., the Federal Bureau of Investigation (FBI) has a DNA database called the Combined DNA Index System (CODIS) that currently contains over 14 million DNA profiles. This database has a disproportionately high number of profiles of black men, because black Americans are arrested five times as much as white Americans. You don't even have to be convicted of a crime for law enforcement to take and store your DNA; you simply have to have been arrested as a suspect.

[...] As for China, a report that was published by the Australian Strategic Policy Institute in mid-June claims that China is operating the "world's largest police-run DNA database" as part of its powerful surveillance state. Chinese authorities have collected DNA samples from possibly as many as 70 million men since 2017, and the total database is believed to contain as many as 140 million profiles. The country hopes to collect DNA from all of its male citizens, as it argues men are most likely to commit crimes.

DNA is reportedly often collected during what are represented as free physicals, and it's also being collected from children at schools. There are reports of Chinese citizens being threatened with punishment by government officials if they refuse to give a DNA sample. Much of the DNA that's been collected has been from Uighur Muslims that have been oppressed by the Chinese government and infamously forced into concentration camps in the Xinjiang province.

Related:


Original Submission

posted by martyb on Wednesday July 01 2020, @08:00AM   Printer-friendly
from the security-for-whom? dept.

China Enacts Security Law, Asserting Control Over Hong Kong

Beijing's top legislative body has unanimously passed a sweeping national security law for Hong Kong, a controversial move that could effectively criminalize most dissent in the city and risks widening the rift between China and western countries who have criticized the law.

The news was first reported by local Hong Kong media: cable televsion station NOWNews; the city's public broadcaster; and a slew of newspapers, including Wei Wen Po and Ta Kung Pao, two pro-Beijing outlets which often signal official Chinese policy.

Hours later, the official Chinese news agency Xinhua reported President Xi Jinping had already signed the measure into law. Xinhua said it will be incorporated into Hong Kong's Basic Law, the city's mini-constitution, and become effective Wednesday, the anniversary of Hong Kong's 1997 handover from British to Chinese Rule.

Hong Kong security law: Anger as China's Xi signs legislation

One key pro-democracy group said it was now ceasing all operations. Demosisto announced the move on Facebook after Joshua Wong, one of Hong Kong's most prominent activists, said he was leaving the group, which he had spearheaded.

[...] Demosisto said several members had asked to be delisted and it had decided to "dissolve and stop all meetings". It said that the fight against "totalitarian oppression" would have to continue in a "more flexible manner". Joshua Wong said the law marked "the end of Hong Kong that the world knew before".

Also at NYT, Reuters, and Hong Kong Free Press.


Original Submission