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As you may have heard, last week we were sued for $15 million by Shiva Ayyadurai, who claims to have invented email. We have written, at great length, about his claims and our opinion — backed up by detailed and thorough evidence — that email existed long before Ayyadurai created any software. We believe the legal claims in the lawsuit are meritless, and we intend to fight them and to win.There is a larger point here. Defamation claims like this can force independent media companies to capitulate and shut down due to mounting legal costs. Ayyadurai's attorney, Charles Harder, has already shown that this model can lead to exactly that result. His efforts helped put a much larger and much more well-resourced company than Techdirt completely out of business.So, in our view, this is not a fight about who invented email. This is a fight about whether or not our legal system will silence independent publications for publishing opinions that public figures do not like.And here's the thing: this fight could very well be the end of Techdirt, even if we are completely on the right side of the law.Whether or not you agree with us on our opinions about various things, I hope that you can recognize the importance of what's at stake here. Our First Amendment is designed to enable a free and open press — a press that can investigate and dig, a press that can challenge and expose. And if prominent individuals can make use of a crippling legal process to silence that effort, or even to create chilling effects among others, we become a weaker nation and a weaker people because of it.We are a truly small and independent media company. We do not have many resources. We intend to fight this baseless lawsuit because of the principles at stake, but we have no illusions about the costs. It will take a toll on us, even if we win. It will be a distraction, no matter what happens. It already has been — which may well have been part of Ayyadurai's intent.I am beyond thankful to the many of you who have reached out and offered to help in all sorts of ways. It is heartening to know so many people care about Techdirt. At some point soon, we may set up a dedicated legal defense fund. But, in the meantime, any support you can provide us will help — whether it's just alerting people to this situation and the danger of trying to stifle a free press through meritless lawsuits, or it's supporting Techdirt directly (or, if you have a company, advertising with us). As always, you can support us directly as a Friend of Techdirt, or check out some of the other perks you can get in our Insider program. You can also support us via Patreon.If freedom of expression and the press is to actually mean something, it needs to be protected, not stomped on with baseless lawsuits that silence independent voices and opinions.

Within Karl Bode's post about Verizon's insistence that all of the people who continue to use grandfathered unlimited data plans don't actually exist was a brief note about the company's decision to increase the cost to upgrade the phones themselves. As mentioned in the post, Verizon claimed that the reason to push upgrade costs from $20 to $30 was due to increasing costs. Fleshing that out a tiny bit, a Verizon spokesman commented for Ars Technica.

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A Texas cyberbullying law is running into unexpected opposition. The law [PDF], which would criminalize any "electronic harassment or bullying" of anyone under the age of 18, is intended to give schools more resources to deal with cyberbullying. Of course, the law would also extend schools' reach beyond the confines of the campus, allowing them to take control of off-campus behavior.It's one thing if this was limited to disciplinary action by the school. It still would be an extension of government power, but at least the damage done would be limited to in-school punishments. (That's still a significant amount of damage, considering school disciplinary actions cover things like extended suspensions and expelling students -- neither of which do much to alter troubled students' futures in any positive way.)Turning this into a criminal act means schools will become even more instrumental in routing students into juvenile detention centers and local jails. This is what has advocates for the health and safety of children concerned.

Donald Trump famously said during the campaign that, if elected, he would "open up" our libel laws. Of course, after he was elected, in an interview with the NY Times, he walked back some of that promise, noting that someone had pointed out such laws might be used against him too:

AT&T continues to try and sell regulators on the company's $100 billion acquisition of Time Warner, making all kinds of promises (few actually being true). Consumer advocates are highly wary of the deal, arguing that a more powerful AT&T (with its rich history of anti-competitive behavior and outright fraud) would be in a perfect position to hinder streaming competitors from licensing the content they need to compete. That's of course when AT&T isn't busy giving its own DirecTV Now service an unfair market advantage via zero rating and usage caps.

The joke about asset forfeiture is that it's actually not a joke. Advisors to law enforcement have actually said it's a great way for cops to go shopping for things they want. It's not just cash being taken, although it's primarily that. It's vehicles, too. And when that just doesn't seem to be enough, it's houses. And everything in them.So, the "going shopping" joke is one very dark punchline. Here's another one: "take everything that isn't nailed down." Except that this actually happens. And it includes things that are nailed down. Reason's C.J. Ciaramella has more details.

Last month, we recognized that while it was still a long shot, it was interesting that the Iceland Pirate Party actually had a chance to form the new government there. A few previous efforts had failed and the job had fallen to the Pirate Party. However, it didn't take long for reports to leak out that the Pirate Party was having trouble building a coalition that would form the new government. And now a new government has been formed without the Pirate Party as part of the coalition:

Twitter has cut off another social media "surveillance" company from using its API. To date, the platform has forced third-party Dataminr to cut off connections to the CIA, DHS/law enforcement "fusion centers," and Geofeedia. All of these denials of service were the result of the company's policy against use of its API for surveillance.Very little of what was being done could truly be considered "surveillance," since Dataminr's access to basically every tweet produced did nothing but cull data from public accounts. What Twitter seemed to have more of a problem with was the marketing tactics of companies like Geofeedia, which insinuated their products were perfectly suited for keeping tabs on First Amendment-protected activity, like protests.As for the CIA and DHS, Twitter apparently felt these government agencies were far more involved in surveillance than the FBI, which just signed a contract with Dataminr for access to its every-tweet-ever API.The latest recipient of a Twitter disconnection is Canada-based Media Sonar. Again, the issue here appears to be the language used by the company to market its social media monitoring service.

On the surface, the idea of "pro and con" debates seems like a good way to ensure an issue is fully explored. But is it truly a productive approach? This week, we debate the nature of debates and possible alternatives to the adversarial approach.Follow the Techdirt Podcast on Soundcloud, subscribe via iTunes or Google Play, or grab the RSS feed. You can also keep up with all the latest episodes right here on Techdirt. If you're a fan, consider supporting us on Patreon to access special bonus episodes.

Looks like another convicted felon is abusing the DMCA process in hopes of cleansing the web of his misdeeds. Chad Hatten of Houston, Texas, was arrested on multiple counts related to ID theft and access device fraud. Hatten stole credit card numbers to buy gift cards to resell at a discount. He was indicted in 2005 and sentenced to 66 months in prison in 2006.Now that Hatten is (presumably) no longer behind bars, he's been doing a little DIY SEO work. His first attempts to get the DOJ's press releases delisted by Google occurred in 2012, which would line up with the termination of his sentence.In his first two attempts -- both filed under "music" -- it appears a third-party link removal service failed to achieve Hatten's objectives.

Back in 2011, AT&T and Verizon eliminated their unlimited data plans, instead shoving users toward metered plans with limited data allotments. While the two companies did "grandfather" their existing unlimited data users at the time, they've been engaged in a quiet war to drive these users off the plans for years, ranging from AT&T's decision to block Facetime from working unless users signed up for metered plans, to throttling these users (and then in some instances lying about it). This is all of course accompanied by a constant barrage of rate hikes (AT&T imposed another $5 bump just last week).

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Someone else who doesn't understand Section 230 of the CDA is suing search engines for "refusing" to delist revenge porn. The short complaint -- filed in New York and spotted by Eric Goldman -- is signed by an actual lawyer, but the complaint is so devoid of legitimate (or any) legal arguments, it could be mistaken for a pro se attempt.According to the complaint, a number of sexually explicit videos were posted to porn websites after a relationship went bad. The plaintiff contacted the websites and had the videos removed, which would seem to have solved the problem. But it didn't. According to the plaintiff, Yahoo, Bing, and Google searches for her name still bring up websites containing the explicit videos. Here's the wording used in the complaint [PDF]:

So we've noted that killing net neutrality isn't the only goal for large ISPs in the new year. Trump's top telecom advisors have all made it abundantly clear they'd like to defang and defund the FCC as a consumer watchdog entirely, and roll back the decision to classify ISPs as common carriers under Title II. This would not only dismantle net neutrality, but it would also eliminate the relatively basic broadband privacy rules the FCC recently passed. Those rules, in short, require that ISPs not only clearly disclose what's being sold and who it's being sold to, but also require they also provide working opt-out tools.

A few years back, we detailed how ongoing grandstanding and toothless legal threats finally forced Craigslist to shut down its "adult services" section. None of that did anything to stop prostitution or human trafficking online. It just moved to other sites -- which was particularly ridiculous, given that Craigslist had been proactive in working with law enforcement to help them track down the actual perpetrators of crimes via the site. And, the illegal behavior just moved on to somewhere else -- as did the ridiculous grandstanding. The main target since Craigslist shut down its services: Backpage.com, the Craigslist-alike site that spun off from Village Voice Media. And now, after an even more intense grandstanding and legal campaign, Backpage has also been pressured to shut down its adult section. If you go to it now, you'll see this instead:And here's the craziest part. This happened on the same day the Supreme Court basically said Backpage is legal and the legal claims against it are bogus. But the law is apparently meaningless in the face of a pair of grandstanding Senators who want their names in the headlines, pretending they care about human trafficking, while actually making the problems worse.

Turkey has a long history of blocking Internet services. It's become such a thing, there's even a site called TurkeyBlocks that is exclusively about this phenomenon. A couple of recent stories on the site suggest the Turkish government is aiming to tighten its local control over the online world even more. First, in order to prevent people circumventing social media shutdowns, the Turkish authorities are going after Tor:

Seeds might not seem to have much to do with digital technology, but the DNA that lies at their heart is in fact digital information, and thus many of the issues that concern Techdirt also apply here. One of the key battlegrounds for seeds and their ownership is Africa, as we discussed back in 2013. The Belgian site Mondiaal Nieuws has an update on what's happening in one of the poorest African countries, Tanzania. Things aren't looking good there following a change in the relevant law:

The fallout from cheap field drug tests continues. The lab that does actual testing of seized substances for the Las Vegas PD had previously expressed its doubts about the field tests' reliability, but nothing changed. Officers continued to use the tests and defendants continued to enter into plea bargains based on questionable evidence.The Las Vegas PD knew the tests were highly fallible. After all, the department had signed off on a report saying as much and handed it into the DOJ in exchange for federal grant money. But cops still used them and prosecutors still relied on them when pursuing convictions.Nothing changed until ProPublica stepped in with its own investigation into the faulty drug tests. In response to this reporting, prosecutors are finally taking a closer look at the tests officers deploy hundreds of times a year.

Chuck Canterbury, the president of the Fraternal Order of Police, has been given an editorial megaphone over at the Daily Caller. Canterbury's using this platform to defend the pretty much indefensible: civil asset forfeiture.Colloquially known as "cops going shopping for things they want," asset forfeiture supposedly is used to take funds and property away from criminal organizations. In reality, it's become an easy way for law enforcement to take the property of others without having to put much effort into justifying the seizures. In most states, convictions are not required, meaning supposed criminal suspects are free to go… but their property isn't.Canterbury, who previously aired his grievances nationally over director Quentin Tarantino's participation in an anti-police brutality rally, opens up this piece by trying to equate factual reporting with current hot button topic "fake news."

As stories from the UK, Kenya, Peru, Slovakia, Canada, Germany, Taiwan, and the US demonstrate, there's really something rather special about copyright collection societies. Back in 2012, Mike discussed a paper on the subject that listed over 90 examples of actions taken by collection societies around the world that have been bad either for artists or for users. Looks like we can add Bulgaria to the list:

If you were to sit down and consciously select a politician that best represents the stranglehold giant telecom companies like AT&T, Verizon and Comcast have over the legislative process, you probably couldn't find a better candidate than Tennessee Representative Marsha Blackburn. From her endless assault on net neutrality, to her defense of awful state protectionist laws written by ISP lobbyists, there has never been a moment when Ms. Blackburn hasn't prioritized the rights of giant incumbent duopolists over the public she professes to serve.

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By now it's quite clear that many in the US intelligence community believe strongly that Russia tried to influence the US election, and part of that included hacks into the DNC's computer systems, a spearphishing attack on Clinton campaign manager John Podesta's emails and some exploratory surveillance hacking into the computer systems of state election systems (but not into the voting machines themselves). The US intelligence services said it back in October. And they said it again last month. And, they said it again on Friday with the release of an unclassified "incident attribution" report.

As the result of an FOIA lawsuit brought by the Associated Press, USA Today, and Vice, the FBI has finally released documents about the one-time iPhone exploit/hack it purchased from an unknown foreign vendor. Well, more accurately, the FBI released a bunch of paper with nearly nothing left unredacted, as USA Today's Brad Heath pointed out multiple times on Twitter.

Law enforcement has a number of informants working for it and the companies that already pay their paychecks, like UPS, for example. It also has a number of government employees working for the TSA, keeping their eyes peeled for "suspicious" amounts of cash it can swoop in and seize.Unsurprisingly, the FBI also has a number of paid informants. Some of these informants apparently work at Best Buy -- Geek Squad by day, government informants by… well, also by day.

I guess it's up to one Congressman to decide what is or isn't (acceptable) art.

This week, the RIAA was pushing a lot of nonsense about the "value gap" in music and the need for laws to protect its business. Nasch won first place for insightful by reading things through a more sensible lens:

Five Years AgoThis week we finally move from 2011 to 2012, but as far as the news goes little has changed: it was all SOPA, all the time. There was growing confusion around which companies actually supported the bill, with some like EA trying to avoid taking a position altogether and others, like some game developers, clashing with their own industry groups like the ESA over how to respond. The ESA was a strong supporter of the bill, and initially had the firm backing of Capcom — but Capcom soon tried to back down and worm its way out of the spotlight. Grover Norquist, a huge supporter of strong copyright law, also tried to get some distance from SOPA and PIPA. Al Gore came out with some thorough and strong opposition, and Senator Ron Wyden was planning a filibuster.Ten Years AgoThis week in 2007, everyone and their brother was jumping on the MySpace-clone bandwagon, with Disney launching a limited and unimpressive platform and even Toyota announcing plans to do the same. A tech company somehow managed to get a patent that basically covered all digital downloads and proceeded to sue everyone, while the RIAA was fighting its own fight to keep its wholesale digital download prices on the hush-hush. The movie industry was still flailing around with even more DRM and an unwelcome addition to the high-def DVD format wars, and we saw the latest crazy attack on YouTube in the form of an accusation that the site aids and abets vandalism.Fifteen Years AgoSpeaking of DRM, this week in 2002 one congressional representative pointed out that it is probably illegal under a 1992 law — but I guess that idea didn't fly. There was lots of buzz about the future of "interactive television" but that idea didn't exactly soar either. The beginning of 2002 also marked one of only two times in history so far that the number of domain names online had gone down (presumably after cybersquatters and domain prospectors abandoned their domains after the tech bubble burst). And though the technology was still in its early days, folks were beginning to worry about facial recognition software.Sixty-Three Years AgoBut now here's a real example of technology in its early days. I'm rarely surprised to find out that an area of tech has been around longer than I thought and than you might expect, but I was genuinely surprised to learn that all the way back on January 7th, 1954, IBM used one of its mainframe computers to do the first demonstration of computer translation, taking Russian sentences encoded to punch cards and producing print-outs of English translations. Of course the system was quite simple, the sentences carefully chosen, and the scope extremely limited — but it worked, and placed the first example of such technology much earlier in the history books than I would have guessed.

Back in 2015, a Techdirt Podcast explored the fascinating idea of a universal basic income guarantee, something that the Swiss considered, but ultimately rejected in a referendum. The idea of giving money to everyone, regardless of what they do, or how much they earn, is intriguing and attractive for many. But what effect would it have on how people live and work? That's what Finland hopes to find out from an experiment it is conducting in this field, as a story in the Guardian reports:

If there is one lesson you take away from writing about trademark law and disputes, it's how simple it would be to avoid a massive percentage of the conflicts by holding trademark applications to a far higher standard then they often are. If the world's many trademark offices kept in mind that the entire point of this form of intellectual property is supposed to be keeping the public confident in their ability to determine the source of a given product or service by its trademarked branding, then it would be obvious that approved trademarks should be unique and distinct.As a counterexample to that line of thinking, consider the current dispute going on between Bushy's Brewery, located on the Isle of Man, and the Manx government, all over the government's trademark for exactly two letters: TT.

A confusing and disturbing conclusion has been reached by a New York federal court. The court has decided that 791 days of location tracking with a GPS ankle bracelet is unreasonable, but somehow not worthy of evidence suppression. (via FourthAmendment.com)Kemal Lambus -- the defendant challenging the evidence -- was granted parole, but with certain conditions. One of those was imposed a few months after his release: wearing an ankle bracelet to ensure he abided by his curfew. This was in addition to the normal amount of diminished privacy afforded parolees, which includes any number of warrantless searches by parole officers.According to Lambus, there was nothing "voluntary" about the ankle bracelet agreement he signed. He was told that if he didn't, his parole would be revoked. The opinion [PDF] agrees, noting that the state itself refers to conditions "imposed' on Lambus -- a word that implies this was anything but consensual.Lambus objected to the tracking device, but was told he would only have to wear it for 3-6 months. After that period had expired, Lambus repeatedly -- seven times in the following six months -- asked to have it removed. The six-month figure originally given to Lambus is backed up by the government's contract with the provider.

We've seen lots of companies (and prosecutors) go after researchers and hobbyists who have exposed security holes in websites and software. Rather than simply fix the problem and alert those who might be affected, too many see fit to shoot the messenger as well.We've also seen some disturbing over-prosecution of less well-intentioned hackers, presumably meant to act as a deterrent toward others who might feel like taking a poke at a company's firewall. This tends to result in sentences completely divorced from the reality of the situation. So, it's somewhat refreshing to see law enforcement officials handle a hacking case in a much more proactively positive way. (via the Office of Inadequate Security)

Perhaps one of the most common phrases I've seen in reference to various actions by Donald Trump and his transition team since the election in November is "this is not normal" or "this is not how things are done." Those phrases keep popping up over and over again -- often in somewhat horrified tones. Politico recently had a pretty good article demonstrating how the Trump transition team seems to not care one bit about the traditional way things are done:

A few years back, the FCC here in the States bumped the base definition of broadband from 4 Mbps downstream, 1 Mbps upstream, to 25 Mbps downstream, 4 Mbps upstream. This was done in large part to highlight the lack of competition (two-thirds lack access to speeds of 25 Mbps from more than one provider) at faster speeds, largely thanks to telcos that no longer really want to be in the residential broadband business and are refusing to upgrade their networks at any scale. Needless to say, neither ISPs -- nor the politicians paid to love them -- were happy with the new standard.

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The FBI has decided to let one of its Playpen defendants walk rather than turn over information on its Network Investigative Technique. The NIT, deployed all over the world on the back of a single warrant obtained in Virginia, unmasked Tor users by dropping code on Playpen visitors' computers that sent back IP addresses and other information about the user's computer.The warrant itself has been ruled invalid by a number of judges presiding over Playpen prosecutions, although not all of them have determined that the evidence obtained by the NIT should be suppressed. The FBI not only sent malware to site visitors, but it also ran (and possibly improved) the child porn website for two weeks while pursuing its investigation.Michaud's lawyer asked the court to force the FBI to hand over information on the NIT. The FBI countered, saying it wouldn't turn over the information even if ordered to do so. Judge Bryan, after an in camera session with the agency, agreed with the government that there was a law enforcement need to keep the details of the tool secret. But he also made it clear the government couldn't have both its secrecy and its evidence. He ordered all evidence suppressed.With all evidence deriving from the forced exposure of Michaud's IP address, there was nothing left for the government to work with. It could have voluntarily turned over information to Michaud's defense lawyer for examination, but has chosen instead [PDF] to let Michaud go free. (h/t Andrew Crocker)

Sure, we like the DOJ when it's handing down scathing reviews of local law enforcement agencies and belatedly issuing warrant requirements for IMSI catchers, but we're not nearly as thrilled when it argues against warrant requirements for cell phone searches, demands backdoors in phone encryption, or beats mild miscreants over the head with the CFAA.In fact, there's very little to like about the DOJ outside of its civil rights division. Here's yet another reason why the Department of Justice often seems like a misnomer. (h/t Brad Heath)A decision [PDF] has been handed down by a federal court in Puerto Rico, presumably with an eyeroll and an exasperated sigh.In 2014, Homeland Security agents searched Jose Silva-Rentas without reasonable suspicion, probable cause, or a warrant. Silva happened to be next to somebody HSI agents did search with probable cause. Rentas moved to suppress the evidence and the court agreed that the government's theory of probable cause osmosis wasn't enough to salvage the search.

We've noted for years that as broadcasters and cable companies bicker over new programming contracts, already-annoyed customers are left in a lurch. Usually these feuds go something like this: a broadcaster demands a huge rate increase for the exact same content. The cable company balks, and the content is usually pulled out of the cable lineup. Customers aren't given any sort of refund for this missing content, they're just inundated with PR pitches from both sides trying to get them pissed at the other guy. Ultimately a new, confidential contract is struck, and the rate hikes are then passed on to the consumer.

It's become pretty common for the authorities to collect personal information about passengers from airlines, supposedly to ensure security. It's a sensitive area, though, as shown by the many years of fraught US-EU negotiations that were required in order to come up with a legal framework for transferring this data to the US when EU citizens were involved. However, not all EU countries are so concerned about that privacy thing. Belgium, for example, thinks that the current approach doesn't go far enough, and that it should be extended to include all forms of mass transport. As this EurActiv article notes, the Belgian parliament has already voted to bring in a national system for trains, buses and boats by May 2018, and the country is calling for the rest of the EU to follow suit:

It bears repeating: far too many of the trademark disputes we cover here at Techdirt are in large part the fault of a USPTO all too willing to grant trademarks on terms that are overtly either broad or based on geography. One would hope that it went without saying that trademarks, designed to inform the public as to the source of the products they buy, cannot work to that end if the identifying marks are not specific or original within the marketplace. Yet the Trademark Office too often doesn't seem to consider this when rubber-stamping applications.For example, there is currently a trademark dispute going on between two coffee companies over the name of the city of "Detroit."

We've noted how one of Trump's top telecom advisors is Jeffrey Eisenach, a long-time Verizon consultant and aggressive opponent of net neutrality. Eisenach's one of three Trump advisors who have made it clear their top priority in the new administration will be to not only gut net neutrality, but to defang and defund the FCC as a consumer watchdog on telecom issues. Eisenach isn't just an advisor, he's also on the shortlist to be the next head of an agency he doesn't believe in.

Techdirt has been worried by problems of e-voting systems for a long time now. Before, that was just one of our quaint interests, but over the last few months, the issue of e-voting, and how secure it is from hacking, specifically hacking by foreign powers, has become a rather hot topic. It's great that the world has finally caught up with Techdirt, and realized that e-voting is not just some neat technology, and now sees that democracy itself is at play. The downside is that because the stakes are so high, the level of noise is too, and it's really hard to work out how worried we should be about recent allegations, and what's the best thing to do on the e-voting front.What we really need is someone distant from the current US debate, and yet with a great deal of knowledge of how foreign intelligence services hack into computer systems. Maybe someone like Sir John Sawers, former head of MI6, the UK's CIA. Here's what he said recently to the BBC on the subject of e-voting:

Ben Challis of the 1709 Blog reports that one of India's top courts has just cut a few performance royalty "collection societies" off at the knees.

We've noted repeatedly how Trump's incoming telecom advisors have made it very clear they not only want to gut net neutrality, but defund and defang the FCC. That means rolling back all manner of other recent FCC policies, like the agency's recently approved broadband privacy rules. While ISPs and advertisers threw a collective hissy fit about the rules, they really were relatively fundamental; simply requiring that ISPs not only make it clear what's being collected and who it's being sold to, but requiring they provide working opt-out tools to broadband subscribers.

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One of the wonders of the internet was that it was supposed to be a distributed computer system, meaning that it would be harder to take down and harder to censor. But, over time, things keep getting more and more centralized. And that's especially true in the mobile ecosystem, and doubly so for the Apple iOS mobile ecosystem (at least on Android it's much easier to sideload apps). The latest demonstration of this is that Apple agreed to remove apps from the NY Times from its iOS app store in China, complying with demands from the Chinese government:

AT&T has spent the last few months fending off critics of its planned $100 million acquisition of Time Warner. Most critics say the company's ownership of Time Warner will make it harder for streaming competitors to license the content they need to compete. Others warn that AT&T's decision to zero rate (cap exempt) its own content gives the company's new DirecTV Now streaming TV service an unfair advantage in the market. That's before you get to the fundamental fact that letting a company with the endless ethical issues AT&T enjoys get significantly larger likely only benefits AT&T.

Back in November, we wrote about Russia's surprising move to enforce an older data localization law that requires all Internet companies to store the personal data of Russian citizens on Russian soil. At the time, that seemed to be just another example of Vladimir Putin's desire to keep a close eye on everything that was happening in Russia. But a comment from his Internet adviser, German Klimenko, hints that there could be another motive: to make it easier for Russia to cut itself off from the global Internet during a crisis, as The Washington Post reports:

Techdirt first wrote about corporate sovereignty four years ago -- although we only came up with that name about a year later. Since then, a hitherto obscure aspect of trade deals has become one of the most contentious issues in international relations. Indeed, the investor-state dispute settlement (ISDS) measures in both TPP and TTIP played an important part in galvanizing resistance to these so-called "trade" deals, and thus in their defeat, at least for the moment (never say "never".)Corporate sovereignty may be a tough sell in new trade deals, but it is still lurking in plenty of existing agreements. For example, a post on the Sierra Club blog points out that two countries, Colombia and Romania, are being sued using ISDS clauses because of their refusal to issue mining permits: