Category: Government

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Posted in Europe, Government, Privacy, Technology, Uncategorized

GDPR Verses The Fediverse‽ Better Call Saul (The Lawyer)

Posted on by Darnell Clayton

Note: I originally intended to type this up on @darnell (my WriteFreely weblog), as this site is more or less about politics, culture & technology (excluding web tech).

Image Credit: Emerging Europe.

After chatting with various individuals on the Fediverse, I began wondering whether or not hosting my Mastodon, Pixelfed & Misskey instances within the European Union 🇪🇺 was going to bite me in the wazoo due to the General Data Protection Regulation (also known as GDPR).

https://youtu.be/CIltL_Qhro8

Searching for answers, I encountered a post by @RobertJBateman, which equally enlightened my American mind—as well as partially terrified it.

Unlike many data protection laws, the GDPR isn’t aimed at any particular sector or type of company. It’s not restricted to commercial or public administration contexts. The GDPR can apply in virtually any context, except one. […]

The legal case of Rynes v Office for Personal Data Protection can help us understand how strict the GDPR can be about this. The case involved Mr. Rynes, who had set up security cameras in his garden. The cameras were designed to monitor his property but also filmed part of a public area.

The Czech Data Protection Authority fined Mr. Rynes for filming members of the public without their consent. Mr. Rynes appealed, arguing that he was covered by the personal and household activities exemption.

The court decided that although the filming was for private purposes, it involved people that were not part of Mr. Rynes’ private life. Therefore, Mr. Rynes was not covered by the exemption and had to comply with the GDPR.

Via TermsFeed Blog

In the United States 🇺🇸 a case like this would have been laughed out of court as America 🇺🇸 places a priority on protecting personal property & treats public space with less legal protection.

However, the public space in Europe is treated with more gravitas, which could mean that I am in danger of unintentionally violating European Law by acquiring innocuous personal data for security reasons.

Article 4 of the GDPR defines personal data as “any information relating to an identified or identifiable natural person.” An “identifiable natural person” means a living individual. Personal data can relate to an individual directly or indirectly (in combination with other data). […]

This definition extends very far. For example, it even includes IP addresses.

An IP address is the string of numbers that identifies a device as it connects to the internet. Even a dynamic IP address, which changes each time a person logs on, can be personal data under the GDPR.

Via TermsFeed Blog

Robert goes on to elaborate that keeping information such as first & last names, email addresses, usernames, online identifiers, etcetera, without some form of consent, could also be a violation of the GDPR rules.

So my questions for the legally inclined are:

  • Is keeping records of IP addresses (without consent) to thwart nefarious actors from taking down my sites (via DDoS) a violation of GDPR‽
  • Is federating with instances/servers within the European Union also a violation of GDPR‽ (especially since they include usernames & sometimes legal names as well)
  • Would a privacy policy be enough to keep the fines, lawyers & GDPR goon squads away‽

Perhaps I am being paranoid & all I need is a simple privacy policy on my sites hosted on my five Fediverse sites. Although two of my instances are hosted in the United States 🇺🇸 (my WordPress & WriteFreely blogs), I do have several sites physically hosted within the European Union, which include:

Therefore, it makes me wonder if I should seriously consider moving them outside of the European Union’s jurisdiction if a mere privacy policy will not be enough to satisfy the courts‽

Either way, I will consult a legal expert about this, as I do not have the funds to spare to hire a European lawyer to defend myself from running personal websites whose purpose is to enrich my mind (& not my wallet).

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Posted in Government, Technology

Europe’s Data Ban Is A Death Star To US Tech

Posted on by Darnell Clayton

If the road to Hell is paved with good intentions, then the European Union is building a super highway towards techno-hades.

Although the data ban law protects European Union citizens from a spy-hungry American government, it could also force major American tech companies to potentially exit the region.

The European Court of Justice in 2020 annulled an EU-U.S. data flows pact called Privacy Shield because of fears over U.S. surveillance practices. In its ruling, it also made it harder to use another legal tool that Meta and many other U.S. firms use to transfer personal data to the U.S., called standard contractual clauses (SCCs). This week’s decision out of Ireland means Facebook is forced to stop relying on SCCs too. […]

“If a new transatlantic data transfer framework is not adopted and we are unable to continue to rely on SCCs or rely upon other alternative means of data transfers from Europe to the United States, we will likely be unable to offer a number of our most significant products and services, including Facebook and Instagram, in Europe,” Meta said in a filing to the U.S. Securities and Exchange Commission in March this year.

Politico

Although many individuals would enjoy seeing Google & Meta (aka Facebook, Instagram, WhatsApp, etcetera), the reality is that this law could negatively affect federated services like email & Mastodon (the latter which yours truly uses).

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Maarten Wolverine (via European Cultural Foundation)

Would Europeans using American data servers be forced to abandon their respective hosts due to an overreaching bureaucratic blunder‽ Or would companies & individuals ignore the European Union & download a VPN‽ (probably the latter)

Although such a law would at best hinder large corporations (who could simply move their servers to a defiant country like Poland 🇵🇱 or Hungary 🇭🇺), smaller law-abiding businesses might be forced to part ways with European clients because the EU leaders lacked proper foresight.

Featured Image Credit: Corridor Crew via The Irish Sun

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Posted in Economy, GOP, Government, Politics

Donald Trump Is The Mad Titan

Posted on by Darnell Clayton

Do you remember that battle scene from Avengers: Infinity war where Thanos was fighting everyone on Titan, & when he almost lost decided to rain down shards of moon crust upon everyone‽ Yeah, that is Donald Trump right now.

https://youtu.be/xZbOn3q_9Co

Unable to stem the flow of illegal immigrants (aka undocumented workers) through sheer will & calm diplomacy (LOL), the President of the United States has decided to embrace his inner Thanos & place tariffs on anything entering America from Mexico.

On paper, tariffs sound awesome, but in practice, all they will do is increase the cost of living for working & middle-class Americans—all the while reducing their income or eliminating it altogether via mass firings (aka layoffs).

As expected the stock market did not react too kindly to the news.

The tech industry was not impressed either.

In statements on Friday, top tech industry, lobbying, and advocacy groups argued that these new tariffs were inappropriate and could lead to Mexico imposing its own tariffs on the US in retaliation, with serious consequences for the industry if the situation escalates.

“This is potentially devastating to American small businesses and all the people they employ,” Gary Shapiro, president and CEO of the Consumer Technology Association (CTA), said in a statement. “This is a short-sighted, short-tempered reaction that doesn’t recognize a basic economic fact – tariffs are taxes.” The CTA sponsors consumer tech events, including its annual Consumer Electronics Show (CES). (The Verge)

It is doubtful Congress will intervene as Republicans lack the courage to halt Trump’s madness, while Democrats will exploit this fiasco in order to increase liberal turnout in 2020.

Unless the federal courts intervene, the best the less blessed Americans can do is attempt to survive the pending storm & reduce spending wherever they can (as this will probably not end anytime soon).

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Posted in China, Freedom, Government, Politics

Did China (S)elect Xi Jinping As Dictator For Life‽

Posted on by Darnell Clayton

Normally Chinese leaders are allowed to serve two terms max (with each term being 5 years).

But now that is in doubt after China put Xi Jinping’s name in their Constitution (which is odd if you ask me).

“The amendment of the party constitution effectively confirms Xi Jinping’s aspiration to be the Mao Zedong of the 21st Century — that means a top leader with no constraints on tenure or retirement age,” said Willy Wo-Lap Lam, a political expert at the Chinese University of Hong Kong.

“The fact that he has become the new helmsman of the ship of state, providing guiding principles for party, state and military, provides the perfect justification for him to stay number one well beyond the normal 10 years[.]” (Washington Post)

Unlike his predecessor, Jinping is more hostile to internal criticism, religious liberty (especially amongst Christians & Muslims), freedom of the press & the idea of an open Internet.

This will likely result in the oppression of anyone seen as opposition as well as an attempt by China to challenge America as a global power.

Xi Jinping now joins Donald Trump, Rodrigo Duterte, & Vladimir Putin as powerful leaders embracing nationalism, a viewpoint that led to the deaths of tens of millions in WorldWarTwo.

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Posted in GOP, Government, Politics, Trump

So Is Trumpcare Finally Dead‽

Posted on by Darnell Clayton

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The third GOP Amigo has come out against Trumpcare which will make pumpkin king Donald Trump very upset.

Senator Susan Collins of Maine said Friday she’s leaning against the bill because among other things it undermines protection for people with pre-existing medical conditions, according to the Portland Press Herald. “The premiums would be so high they would be unaffordable,” she said. (Bloomberg)

Senator Rand Paul announced on Twitter his opposition to the pseudo Obamacare repeal…

…while Senator Maverick John McCain opposed the repeal over lack of bipartisanship & failing to follow senatorial… decorum‽

With the September 30th deadline approaching, GOP attempts to replace Obamacare (aka American Care Act) are burning out faster than last year’s Samsung 7 phone.

But like Samsung, GOP will probably launch a much improved version in the future in order to convince voters that their iCare plan is overpriced & too rigid to customize (based upon needs of individual states).

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Posted in Democrats, GOP, Government, Trump, Uncategorized

Jack Sparrow Explains Trump

Posted on by Darnell Clayton

So Trumpsters & GOP loyalists are freaking out having a hard time rationalizing Donald Trump’s sudden pivot towards amnesty for Dreamers & budget agreements with Democrats.

Residential Never Trumper Rick Wilson explains it best:

“It makes all of their normalizing and ‘Trumpsplaining’ look silly and hollow,” said Rick Wilson, a Republican strategist sharply critical of Trump, referring to his party’s congressional leaders. “Trump betrays everyone: wives, business associates, contractors, bankers and now, the leaders of the House and Senate in his own party. They can’t explain this away as [a] 15-dimensional Trump chess game. It’s a dishonest person behaving according to his long-established pattern.” (Washington Post)

Or as Jack Sparrow would say…

Do you remember when Donald Trump said he was going to deport everyone entering illegally—even anchor babies (along with their families)‽

Now Donald Trump is reversing his previous stance & is now embracing amnesty for Dreamers.

Rick Wilson is right about one thing: Donald Trump will eventually betray everyone.

The only question is whether or not Trump will convince you to betray your own convictions in order to experience a brief moment of delight from Donald.

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Posted in Freedom, Government, Legal, Liberty, Technology

Freedom Of Speech Vs Freedom Of Association

Posted on by Darnell Clayton

Scrolling through the locked vaults of Medium (aka member only content) I came across an article lamenting how businesses disassociating from Nazi’s was somehow censoring their freedom of speech.

The author was confusing freedom of speech with freedom of association (which are similar, yet different).

Legally companies & customers do not have to conduct business with other customers & companies whose ideals are an offense to their own.

We’re Meddlesome…

America’s Constitution prevents government from restricting, hindering or censoring the rights & speech of citizens  —  not businesses  —  even if their rhetoric is reprehensible.

The problem with progressives & conservatives is they want to promote their ideal culture at the expense of any opposing ideals & cultures (even if it violates constitutional law).

Forcing companies to associate with unsavory customers is not the answer, nor is forcing customers to embrace a corporation’s unsavory culture the answer.

Aim To Misbehave…

Bakeries can legally refuse to make Nazi cakes just like Christian/Muslim owned bakeries can refuse to make gay wedding cakes.

Alphabet/Google/YouTube can censor & hinder religious videos just as much as GodTube (yes, it’s a thing) can censor pro-LGBT videos.

There will always be online services willing to host offensive content (for a price), so no one’s digital voice will be silenced (no matter how offensive).

A World Without Sin‽

Attempting to build a better world — a world without offense (or sin) — is impossible in our current condition.

Only mass enlightenment or (God forbid) mass extinction will result in global peace & the only way to reach the former is via dialogue with folks expressing opposing views.

It will not be easy, enjoyable or quick but if we really desire to rescue those entrapped with vile viewpoints then we first have to take the uncomfortable step & “reach out.”

Note: All video clips are from the movie Serenity (my favorite film) & are legally owned by Universal Pictures.

Clips only used to illustrate points presented in article (but if you desire to see this awesome film you can purchase it on YouTube, Amazon or iTunes).

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Posted in GOP, Government, Politics

GOP: Obamacare Is Here To Stay…

Posted on by Darnell Clayton

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No Republican politician would admit this in public but it’s fairly obvious that even a clean repeal sans replacement is no longer an option.

But it became quickly apparent that GOP leaders, who were caught off guard by defections of their members Monday night, lacked the votes to abolish parts of the 2010 law outright. Three centrist Republican senators — Susan Collins (Maine), Shelley Moore Capito (W.Va.) and Lisa Murkowski (Alaska) — all said they would oppose any vote to proceed with an immediate repeal of the law. (Washington Post)

All three Senators announced their opposition via the medium Donald Trump loves best—Twitter.

Update: Correcting embed links! Hold on! Fixed!

 

So with Trumpcare dying yesterday thanks to a few good Senators & a clean repeal sans replace no longer a working option, where does that leave the GOP‽

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Posted in Canada, GOP, Government, Mexico, Politics, Trump

Like Gandalf, Congress Is Blocking Trump’s Anti-NAFTA Demon

Posted on by Darnell Clayton

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Apparently all the fuss about President Trump unleashing Trumpageddon upon the economic masses is nothing more than hot air thanks to…Congress‽

The holdup in starting Nafta negotiations has actually been the U.S. Congress, which jealously guards its authority to shape U.S. trade agreements. The 2015 fast-track trade law requires the president to send Congress a 90-day notice before he can begin trade talks—and it also requires his U.S. trade representative to brief Congress before submitting that letter. Congress has yet to confirm Mr. Trump’s trade representative nominee, Robert Lighthizer, and so he has been unable to start talks. Lawmakers say Mr. Lighthizer may finally win confirmation in early May. That would push the start of the Nafta renegotiation to August at the earliest, or well past Mr. Trump’s first 100 days in office. (Wall Street Journal)

Until Congress confirms Robert Lighthizer the most Trump can do is yell & snort like a certain demon from Lord of the Rings…

Unfortunately Congress Republicans may suffer the fate of Gandalf & be dragged down towards the abyss as their two main options are:

  • Confirm Robert Lighthizer & watch Trump stagnant America’s economy by ending NAFTA prematurely or
  • Delay Lighthizer’s nomination indefinitely & watch Democrats capture Congress in 2018

Congress seems reluctant to give Trump power to alter or end this trade agreement on a whim so the GOP may sacrifice themselves in order to preserve the fellowship of the…NAFTA neighbors.

Image via Crooks & Liars

Discovered via: Pradheep Shanker MD & Shane Goldmacher

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Posted in GOP, Government, Politics

Paul LePage To USA: We Need An Authoritarian Like Trump

Posted on by Darnell Clayton

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Maine’s Governor Paul LePage does not mince words when he (an alleged constitutional conservative) says the best thing for America is to elect an authoritarian whose name rhymes with chump.

“Sometimes, I wonder that our Constitution is not only broken, but we need a Donald Trump to show some authoritarian power in our country and bring back the rule of law because we’ve had eight years of a president, he’s an autocrat, he just does it on his own, he ignores Congress and every single day, we’re slipping into anarchy,” LePage said on Maine radio station WVOM. (CNN)

Note: For those in disbelief that LePage would promote authoritarianism, you can listen to the audio posted below (LePage’s crazy rant begins at 10:17).

Yes, the sitting Governor of the great state of Maine just advocated that an authoritarian (who tend to transform into dictators) is the best way to fix America.

Not only is LePage’s comment ignorant of past history (Mussolini, Hitler, Mao Zedong, et al) but also of current events (Rodrigo Duterte of the Philippines, Recep Tayyip Erdogan of Turkey, Vladimir Putin of Russia, et al). 

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Image: Mussolini & Hitler (via New World Encyclopedia)

Authoritarians do bring order to their respective nations but in almost every circumstance they abuse their elected position by oppressing critics of their power and eliminating political opponents.

Fortunately for America, Donald Trump is losing to Hillary Clinton (the latter who truth be told is awful—but is at least she is not fascistic).

Hopefully Maine’s Governor clarifies or recants his statements, lest the rest of the United States places Maine on their do not visit list (as LePage has a habit of making Maine look crazy).

Discovered via Hot Air

LePage Image Credit: Politico