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California, the state that prides itself as the birthplace of modern technology and whose policies such as the unenforceability of non-competes contributed substantially to the innovation ecosystem, recently proposed a law that requires innovators to get permission from the state, or be banned.

We just had a story based on the Intercept breaking the fact that the CIA holds an annual hackathon (the CIA calls it a "Jamboree") to come up with new ways to hack secure systems, inviting in various contractors and government agencies. Much of the work is focused on hacking Apple's security, inserting backdoors and generally degrading security and encryption for everyone.

The TPP negotiations are still being conducted with a total lack of transparency -- especially compared to TAFTA/TTIP, where public pressure has led to the release of a large number of documents from the EU, though not from the US. Despite that secrecy, the TPP negotiators seem to have no qualms about proclaiming the talks as nearly "done." Since they have been saying something similar for years, skepticism is required, but it is possible that negotiations might be getting closer to the end game where all the really difficult issues need to be addressed. That makes the absence of any official release of the draft text pretty appalling. Assuming that the final text will be released if and when an agreement is reached, this will leave very little time for the complex provisions to be analyzed properly before the national votes take place in some TPP countries. Given what's at stake -- TPP is likely to have a big impact not just on trade, but also on many aspects of daily life -- one group has decided to pre-empt that eventual release, and to analyze what information we have, notably from leaks. HIA Connect, based in Australia, describes itself as follows:

For many years, we've warned newspapers that rushed headlong into paywalls that it was a fool's game. While, yes, their traditional advertising business was struggling, the idea that people would come out of the woodwork to suddenly pay for the online version seemed unlikely to come true, other than -- perhaps -- for the very largest newspapers in the world, the NY Times and the Wall Street Journal (and even then...). And yet, there remain a religious few who insist that paywalls must be the answer. They're wrong each and every time, but they can't stop screaming it. And so they trick foolish newspapers, desperate for some way to stem the revenue slide, into implementing a paywall, and nearly all of those papers discover the same damn thing: the people don't pay, and thanks to the paywall, the traffic decreases, fewer people link to or share their stories, and the advertisers go away even faster.

We've covered hydrophobic materials before because it's just neat to see stuff not get wet when splashed with water. Commercial products like spray paints, water-resistant clothes and Teflon already exist, but repellent materials are not all equal. Some materials repel liquids better than others, and the way the surface is applied -- painted, chemically bonded, etched, etc -- makes a difference, too. Here are just a few more examples of hydrophobic surfaces (and a hydrophilic one) that people are working on.

Chance Trahan and Craig Brittain, the "masterminds" behind revenge porn also-ran IsAnybodyDown, were never much for originality. To start out with, the site name was nothing more than a knockoff of revenge porn "pioneer" Hunter Moore's Is Anyone Up?

Oh, Elsevier. The publishing giant has quite the reputation for its desire to stop people from sharing knowledge unless Elsevier can put up a toll booth. A huge number of academics have signed pledges to boycott Elsevier and not allow their works to be published by the company. Also, in the last few years, there's been a rapid growth in open access and requirements that research be distributed for free (often under a Creative Commons license).

During the last election cycle, Representative Marsha Blackburn received $15,000 from a Verizon PAC, $25,000 from an AT&T PAC, $20,000 from a Comcast PAC, and $20,000 from the National Cable and Telecommunications Association, according to the Center for Responsive Politics. Surely that funding is only coincidentally related to Blackburn's recent decision to rush to the defense of awful state protectionist law written by the likes of AT&T and Comcast, preventing towns and cities from doing absolutely anything about their local lack of broadband competition.

Find a security flaw, go to jail. That's the general attitude of government entities around the world. Over in Australia, an Anonymous member and fundraising manager for a cancer support group is facing an ever-shifting number of charges for finding and testing security holes.

Until recently, most people probably assumed that real net neutrality was more likely to come to Europe than to the US. But in one of those ironic little twists, not only has the FCC voted in favor of net neutrality, but attacks on the idea in Europe have suddenly multiplied, leaving the final outcome there in doubt. Worryingly, one of the strongest verbal assaults on net neutrality comes from the very EU Commissioner who is in charge of the relevant legislation, Günther Oettinger. Techdirt has reported a couple of times on the Digital Commissioner's rather clueless comments, but this time he has surpassed himself. Speaking at an event held by the German Ministry of Finance last week, here's what the he had to say on net neutrality, as reported by the Pirate Party's MEP, Julia Reda -- her post includes a video of Oettinger speaking (in German) and a transcript of his remarks (in English):

Five Years Ago There was a whole lot of conversation about ACTA this week in 2010. More leaks revealed the positions of more countries, Danish politicians began questioning the country's opposition to ACTA transparency, Sweden said it won't agree if any changes to the law are required, the EU apparently agreed that more transparency was needed, and the USTR admitted its desire for ACTA to cover patents too. Meanwhile, the UK was grappling with its own Digital Economy Bill — making it worse with a new web censorship aspect, trying to outlaw weblockers, and ensuring open WiFi would be a liability. There was more copyright insanity, too. We learned that Metallica, still famous for bringing down Napster, made only a small fraction of its revenues from CD sales; Brazil sued Columbia Pictures for violating the copyright on its famous Jesus statue; Activision killed a fan game project that had been previously licensed; Spanish indie labels tried to sue the government for not stopping file sharing; and the RIAA claimed that file sharing was undermining human rights efforts in Haiti (right). Ten Years Ago Record labels misunderstanding the market was hardly new to 2010. It was happening this week in 2005, too. BPI proudly announced 23 pointless file sharing settlements. Sony was among the worst, demonstrating that it was completely out of touch (and also shutting down a tribute band website, but it wasn't alone. Meanwhile, many popular musicians were taking Grokster's side at the supreme court — only for the industry to try to convince them they'd been used. Also in 2005: LinkedIn was trying out a business model while XM was monkeying with its own, the widely publicized hack of Paris Hilton's phone turned out to be good for T-Mobile, driving while talking on a cellphone was catching on, and so were alternate reality games (except, apparently not that much), and we could tell Firefox had really made it as an browser when spyware makers started to notice it. Fifteen Years Ago Mind-controlled computing is one of those things that seems to have been just around the corner for a very long time — since at least 2000, in fact. But hey, this was a time when CD sales were still rising, and other things still just around the corner included the wireless internet (which similarly seemed to be taking forever). Online gambling was big, B2B was (probably) bigger, and we just began to notice how big the databases of our personal information are (which was scary at a time when hacks could still significantly undermine general public confidence in the internet). Some still wondered if perhaps pen and paper was better for notes and tests — but maybe just keeping the web pages under 5K would be sufficiently old-fashioned. Twenty-Six Years Ago On March 1st, 1989, after a long period of resistance, the United States joined the Berne Convention for the Protection of Literary and Artistic Works, which continues to influence (though not really directly shape or control) copyright policy around the world. The US still exercises what some have called "minimal compliance" with the convention, and that's probably a good thing, or at least better than total compliance — US copyright law barely includes the prohibitive moral rights called for by Berne, and while a registration requirement and other formalities were (sadly) removed in general, Congress retained them as a prerequisite for statutory damages. Which is, y'know, something.

Earlier this week, the A Good Cartoon tumblr first posted a bunch of ridiculous and misleading political cartoons about net neutrality that showed zero understanding of net neutrality. And then the person behind the site remade many of those cartoons, but replaced the words in them with "the cartoonist has no idea how net neutrality works!" For reasons unknown, the original Tumblr post that had all of them has been taken down, but many of the images are still viewable via John Hodgman's blog, and they're worth checking out. Here are just a few with some additional commentary (because how can I not provide some commentary...) Right, so actually, the rules are designed to do the exact opposite of the image above. They're designed to make sure that the big broadband access players can't delay things and have to deliver your content faster. The idea that the FCC will be stepping between the content and people who want to see it is completely false. I don't even know what the original cartoonist was trying to say here, because it doesn't even make the slightest bit of sense. The text in the original cartoon was "time's up, next!" which makes even less sense than the first cartoon. The whole point of the new rules is to prevent broadband providers from putting these types of controls on your internet usage. Sensing a pattern yet? All of these cartoons are pretending that the new rules insert the FCC between you and the internet. And all of them pretend that the FCC is going to do what the broadband providers themselves have said they want to do -- which these rules are designed to prevent. So, yes, the cartoonist has no idea how net neutrality works. At least this one doesn't go for the easy (but wrong) joke pretending that the FCC is now watching what you do online. Instead, it's claiming that there's no reason for the FCC to "fix" anything because it's "not broken." But that's only true if you ignore the attempts to break neutrality along with how the broadband providers purposely made your Netflix slow in order to get the company to pay its tolls. And, of course, it also means having to ignore what the broadband providers have been saying themselves for a decade now about how they want to double and triple charge internet services to reach end users. If you pretend all of that isn't true, then maybe the original cartoon makes sense. But, all of it is true, so the cartoonist has no idea how net neutrality works.

What does Leonard Nimoy's "Vulcan salute" have to do with European newspaper headlines? They both might one day be regulated by new international intellectual property rules, if some have their way. One might think that what constitutes "intellectual property" is set in stone, but it isn't. Around the world, different interests are lobbying for governments to create new types of intellectual property all the time. As DisCo has covered before, news publishers in Europe and elsewhere are currently pushing for the creation of new IP rights in newspaper headlines, so that online sites can be forced to pay for the privilege of quoting or linking to news coverage. Spain and Germany have already created these rights, and there is pressure in Brussels for a pan-European rule. At the same time, for more than a decade there have been efforts within the World Intellectual Property Organization to create rights in "traditional cultural expression" (which, as explained below, may include the hand gesture on which Leonard Nimoy based the Vulcan salute). Some indigenous communities are distressed about the commercial exploitation of their folklore and other forms of cultural expression by "outside" entities. In a desire to (a) prevent uses that they believe are disparaging and (b) regain control over an important part of their identity, these communities have lobbied for a treaty that would require the creation of intellectual property rights in "traditional cultural expression." Concerns have been raised about the scope of the draft treaty. If adopted in its current form, critics say, the treaty could interfere with cultural life around the world, pulling out of the public domain material that is incorporated in countless novels, paintings, films, sculptures, operas, and other musical compositions. This is because these works are based on stories, legends, dances, rituals and other forms of expression that the treaty could protect without a limitation on term. How does this relate to Leonard Nimoy's Vulcan salute? The famous actor's death last week provoked extensive discussion of his contribution to popular culture, including the famous Vulcan salute used by his character Spock in the Star Trek television series and movies. The Vulcan salute (hand raised with the palm forward and the thumb extended, while parting the fingers between the middle and ring finger) could violate the exclusive rights that a treaty on traditional culture expression would create. This is because Nimoy, according to his autobiography, based the Vulcan salute on the hand gestures in the priestly blessings he saw in synagogue as a child. The priestly blessing is an elaborate ritual performed during the Jewish worship service by men who believe they are descendants of Aaron, the High Priest and Moses's brother. These men are referred to as Kohanim (Hebrew for "priests"). At the beginning of the ritual, the hands of the Kohanim are washed by the descendants of the tribe of Levi, the Levi'im. The Kohanim then remove their shoes and stand up in front of the congregation. They cover their heads with their prayer shawls, turn towards the congregation, and raise their hands (underneath the shawls) in what is now popularly referred to as the Vulcan salute. With the fingers and thumbs spread in this manner, each hand looks like the Hebrew letter shin, which is the first letter of the word "Shaddai," a name for God. The Kohanim then recite the words of the priestly blessing set forth in the book of Numbers: "May the Lord bless you and guard you; may the Lord make His face shed light upon you and be gracious to you; may the Lord lift up His face to you and give you peace." (If the words sound familiar, that's because the song "Sabbath Prayer" in Fiddler on the Roof is based on them. It's also Solemn Blessing #10 in the Roman Missal used by Catholics.) Although the words of the priestly blessing derive from the Old Testament, and thus are over 2,500 years old, the hand gesture probably developed later. It is described in the Shulchan Aruch (Hebrew for "Set Table"), a codification of Jewish law first published in 1565, thus indicating that it was in wide use 450 years ago. Currently, the priestly blessing is conducted daily in traditional Sephardic congregations, and on holidays in traditional Ashkenazic congregations. Although no one seems to have objected to Nimoy's adaptation of the gesture for his Vulcan character, the hand gesture of the priestly blessing may nevertheless fall within the scope of the draft treaty. Traditional cultural expression includes actions such as ceremonies and rituals. The treaty's protection would extend to the traditional cultural expression created, expressed, and maintained, in a collective context, by the treaty's beneficiaries. The class of beneficiaries remains in flux. The treaty refers to "indigenous peoples" and "local communities and nations" without defining any of these terms. These terms may encompass traditional Jewish communities. Moreover, the treaty appears to allow national law to determine which communities are beneficiaries. One could easily imagine Jewish communities in some countries (e.g., Israel and the United States) successfully lobbying for the treaty's protection. Under the treaty, the rights in the traditional cultural expression would be collectively administered by a "competent authority" for the benefit of the members of the beneficiary community. The competent authority would have the authority to license the use of traditional cultural expression and distribute any resulting compensation. Although Nimoy was Jewish, it is unlikely that the treaty would have permitted him to use the hand gesture in a non-traditional way such as the Vulcan salute in Star Trek without the approval of the competent authority. And the treaty certainly would not have permitted the unauthorized use of the hand gesture by any Vulcans played by non-Jewish actors. The current draft of the treaty does not include a grandfather clause, so if the treaty were adopted in the future, the competent authority in each country would be able to prevent the further dissemination of existing Star Trek works containing the Vulcan salute, as well as the use of the salute in future films. Folktales permeate modern Western culture, from Disney films to Lord of the Rings to the Twilight series to Wagner's Ring of Nibelung to Tchaikovsky's Swan Lake. Thus, it is no surprise that the treaty on traditional cultural expression has little support among the developed countries and WIPO is unlikely to adopt it soon, if ever. But this just highlights the fact that what receives intellectual property protection is a policy choice, rather than a reflection of natural law. As a result, types of protection vary across countries. For example, the "ancillary rights" that restrict newspaper snippets in Europe have received no traction in the United States. Similarly, Congress rejected the attempt by large publishers to import the EU Database Directive's protection for non-original databases a decade ago. This policy decision has allowed U.S. researchers to engage in enormously productive text and data-mining, which the Database Directive prevents their colleagues in the EU from performing. Just as policymakers were confronted with a choice over creating database rights, they may one day be presented with a similar choice about news snippets, or hand gestures, and the choices they make could have a considerable effect on culture and communication worldwide. Republished from the Disruptive Competition Project

Algorithms are data mining every aspect of our lives and the world around us -- to pull out interesting bits of information that we should act on. Companies like Google and Facebook come up with algorithms to figure out when to put ads in front of our eyes and how to display pertinent information (sometimes at the same time). Other algorithms are apparently watching what we eat, and trying to highlight what makes food taste good for us or how to formulate the "perfect Pepsis" or find unexpected recipes or flavor combinations. Here are just a few examples of software-based culinary art.

Sen. Ron Wyden and Sen. Orrin Hatch are now in a stand-off over a bill that would put secretive trade deals like the Trans-Pacific Partnership (TPP) agreement on the Fast Track to passage through Congress. The White House meanwhile, has intensified their propaganda campaign, going so far as to mislead the public about how trade deals—like the TPP and its counterpart, the Transatlantic Trade and Investment Partnership (TTIP)—will effect the Internet and users' rights. They are creating videos, writing several blog posts, and then this week, even sent out a letter from an "online small business owner" to everyone on the White House's massive email list, to further misinform the public about Fast Track. In a blog post published this week, the White House flat out uses doublespeak to tout the benefits of the TPP, even going so far as to claim that without these new trade agreements, "there would be no rules protecting American invention, artistic creativity, and research". That is pure bogus, much like the other lies the White House has been recently saying about its trade policies. Let's look at the four main myths they have been saying to sell lawmakers and the public on Fast Track for the TPP. Myth #1: TPP Is Good for the Internet First, there are the claims that this agreement will create "stronger protections of a free and open Internet". As we know from previous leaks of the TPP's Intellectual Property chapter, the complete opposite is true. Most of all, the TPP's ISP liability provisions could create greater incentives for Internet and content providers to block and filter content, or even monitor their users in the name of copyright enforcement. What they believe are efforts toward protecting the future of the Internet are provisions they're advocating for in this and other secret agreements on the "free flow of information". In short, these are policies aimed at subverting data localization laws. Such an obligation could be a good or a bad thing, depending on what kind of impact it could have on national censorship, or consumer protections for personal data. It's a complicated issue without an easy solution—which is exactly why this should not be decided through secretive trade negotiations. These "free flow of information" rules have likely been lobbied for by major tech companies, which do not want laws to restrict them on how they deal with users' data. It is dishonest to say that what these tech companies can do with people's data is good for all users and the Internet at large. Myth #2: Fast Track Would Strengthen Congressional Oversight The second, oft-repeated claim is that Fast Track would strengthen congressional oversight—which is again not true. The U.S. Trade Representative has made this claim throughout the past couple months, including at a Senate Finance Committee hearing in January when he said:

EU's 'right to be forgotten' is still relatively new -- the original ruling was made less than a year ago. Since then, the EU courts and companies have been trying to work out what it means in practice, which has led to some broadening of its reach. But an interesting court ruling in Spain seems to limit its scope. It concerns the following case, reported here by Stanford's Center for Internet and Society:

We've discussed more than a few times the awful precedent set by AT&T's Sponsored Data effort, which involves companies paying AT&T to have their service be exempt from the company's already arbitrary usage caps. While AT&T pitches this as a wonderful boon to consumers akin to 1-800 numbers and free shipping, as VC Fred Wilson perfectly illustrated last year, it tilts the entire wireless playing field toward companies with deeper pockets that can afford to pay AT&T's rates for cap exemption.

The next Olympic games may be more than a year away but that's not stopping the International Olympic Committee from forcing a business -- located nowhere near any upcoming Olympic site and with more than a half-decade of uncontested use -- to change its name. [h/t to Techdirt reader The Baker]

When something's broken, you fix it. You don't make it worse.

Trademarks on generic terms and phrases make for the silliest, and often the strangest, battles. In particular, I find it detestable when companies that are serving small, niche groups of people who have every reason to band together in solidarity, instead bicker unnecessarily over even the most common kinds of language. This was the case when comic conventions went to battle over the now generic term "comic-con." It's been the case when game-makers have gone after other game makers over a phrase as generic as "would you rather."

Carbon gets a lot of negative publicity because it's associated with carbon dioxide as a greenhouse gas, but the element itself is critical to life and has numerous fascinating properties. Carbon comes in a variety of allotropes, and we're discovering other carbon-based structures all the time. Here are just a few more examples.

REM's music has found itself at the center of copyright disputes in the past, but those instances have mostly occurred in the more traditional sorts of disputes, such as accusations that one band copied another band and blah blah blah. It's part of a series of stories that are old, tired, and contrary to the way popular culture works these days, but at least they contain a shadow of relevance to the original purposes of copyright. However, this time what is on display is the result of a culture of permission run amok, as an Australian politician had his video reading mean tweets about him removed because an REM song was playing in the background.

Here's a little bit more evidence to throw on the pile marked "You Don't Need to Destroy the First Amendment/Section 230 to Stop Revenge Porn."

Two very different stories, but both with some startling parallels.

Back in December, we noted that Google had gone to court to try to stop a ridiculously broad subpoena issued by Mississippi Attorney General Jim Hood. For quite some time now, Hood has been publicly attacking Google, based on what appears to be near total ignorance of both the law and technology. Oh, and maybe it also has something to do with the MPAA directly funding his investigation and authoring the letters that Hood sent.

While the FCC may have buckled to public demand and voted to finally approve tougher net neutrality rules last week, if you thought that meant an end to the hysterical over-reaction to what appear to be some fairly basic consumer protections, you're going to be gravely disappointed. From editorials lamenting the FCC's attempt to "strangle startups in their cribs", to claims the agency is murdering "innovation angels", we're clearly entering an entirely new, bloody chapter when it comes to divorcing net neutrality reality from rhetoric.

Over the years, many folks in the broadcast and entertainment industries have made it increasingly clear they'd love to see tools like VPNs or proxy services made illegal. Sure, both are perfectly legal and have a myriad of valid purposes, but because they can allow users to dodge anti-piracy snooping efforts (like the not-really effective U.S. six strikes program) or geo-blocks (like say watching Netflix in unsupported countries) -- apparently they should be outlawed entirely. You know, like in Iran -- and now Russia.

Your law enforcement panic of the day: an app that automatically uploads recorded footage and forwards it to the ACLU.

Last week we noted that while AT&T has been trying to match Google Fiber pricing in small portions of several markets, it has been busily doing it in a very AT&T fashion. While the company is offering a $70, 1 Gbps service in some locations, the fine print indicates that users can only get that price point if they agree to AT&T's Internet Preferences snoopvertising program. That program uses deep packet inspection to track your online behavior down to the second -- and if you want to opt out, that $70 1 Gbps broadband connection quickly becomes significantly more expensive.

As per its usual method of releasing news it would rather not talk about, on Friday evening the White House released the news that it had, once again, gotten a rubberstamp approval from the FISA Court for the NSA to collect in bulk basically all your phone records. As you probably know, this is just the latest in a long series of reapprovals by the FISA Court, which needs to reauthorize the program for limited periods of time each time the previous rubber stamp "expires." What hasn't made much sense in all of this is that President Obama announced a year ago that he wanted to end the bulk collection program, and as many people pointed out, there was an easy way to do so: just don't ask the FISA Court to renew the authority. But, rather than do that, the administration just keeps on asking (and getting) approval.

As Techdirt has reported on the increasingly active world of commercial spyware, one name in particular has cropped up several times: Gamma, with its FinFisher suite of spyware products. In October last year, we reported that Privacy International had filed a criminal complaint against the company with the National Cyber Crime Unit of the UK's National Crime Agency. There's no update on that move, but it seems that a parallel action has had more success (pdf):

This week, the Komodia/Superfish scandal got even worse. So bad, in fact, that the only appropriate response was sheer sarcasm, which Rich Kulawiec provided in our most insightful comment of the week:

Five Years Ago This week in 2010, we continued following the story of the school caught spying on students through webcams in their laptops, and the details were not looking good. Especially when we discovered the student in question was only guilty of eating candy. This was also the time of ACTA negotiations, and when the internet chapter leaked, we got a look at how sneaky the negotiators were being. We learned which countries were fighting hardest against ACTA transparency, and European officials were getting concerned about the agreement. Meanwhile, the UK was supposedly backing down on the three strikes provisions of its Digital Economy Bill, but it turned out this was really just an exercise in rebranding and the bill still allowed for disconnection (that would last as long Peter Mandelson felt it should.) You know that famous "I'm on a horse" ad for Old Spice, which the company continues riffing on to this day? Well, this was the year it originally aired during the Olympics (which, sidenote, was busy trying to get paid for tweets) leading us to hold it up as an example of how advertising is content. In a weirder attempt to enact that principle, EMI got State Farm to sponsor the embedding of OK GO videos (which were otherwise blocked), while the band's singer stepped up to point out that a lack of embedding hurts everyone. Other upsets to the internet this week in 2010 included: the (secret) settling of the lawsuit between Perfect 10 and Amazon, the conviction of four Google executives on criminal charges over a YouTube video, the overblown freak-out over PleaseRobMe, the consideration of internet addiction for inclusion in the DSM and, perhaps most significant of all, the temporary takedown of the original Rickroll video. Ten Years Ago Looking back to 2005, you can clearly see the debates and practices that would lead to today's net neutrality battle. The vicious attacks on muni broadband by lobbyists were blatantly self-serving, and some companies went even further to outright prevent it. One group, fresh off of taking a Techdirt quote completely out of context to trash muni WiFi, went on to attack the idea of broadband-over-power-lines as well. Lexmark got smacked down in its attempt to abuse the DMCA to block third-party ink cartridges, while HP was accused of building an expiry date into its cartridges. Apple, having recently launched its retail stores, was sued by Apple resellers and accused of unfair practices. And Google was accused of threatening French culture with its book scanning project by focusing on English books. People were really beginning to realize how attached they were to their phones — and that losing them could mean losing friends. The rise of SMS was even threatening the greeting card industry. But, despite assumptions, constant texting seemed to be improving kids' language skills. Fifteen Years Ago If you do any work with web analytics today, you know that conversion rates are a key metric — but back in 2000 they were the new kid on the block. Then again, so were colour screens on PDAs and plenty of other high tech toys for grownups (though apparently not as many for kids). British Airways announced that it would charge more for paper tickets, and we wondered if it would back down the way Delta did on a similar initiative. Palo Alto was experimenting with fiber to the home. Various magazines were looking at the state of things like digital currencies and weblogs like Techdirt (yes, still "weblogs"). And Techdirt itself briefly disappeared thanks to a DNS issue. Eighty-Eight Years Ago On February 23rd, 1927, Calvin Coolidge signed the new Radio Act into law, establishing the Federal Radio Commission that would, less than a decade later, become the FCC we all know so well.

In the long, convoluted and complex legal battles facing Megaupload founder Kim Dotcom, there was some bizarre stuff that happened late last year. As you may recall, early on, the US government seized basically all of his stuff and money. Dotcom has made efforts to get some of it returned, as it's tough to fight the most powerful government in the world when it's holding onto all of your money. Keep in mind from our previous discussions on asset seizure and forfeiture, the government can basically seize whatever it wants, just by claiming it was somehow related to a crime, but the seizure is only a temporary process. If the government wants to keep it, it then needs to go through a separate process known as civil asset forfeiture, which is effectively the government suing the assets. Back in July, the US government moved to forfeit everything it had seized from Dotcom in a new lawsuit with the catchy name USA v. All Assets Listed In Attachment A, And All Interest, Benefits, And Assets Traceable Thereto. As you may have guessed, Attachment A [pdf] is basically all of Kim Dotcom's money and posessions.

It's been talked about for a while, but on Friday, the White House released a draft of what it's calling a "Consumer Privacy Bill of Rights." Conceptually, that sounds like a decent idea, but in practice? Not so much. Yes, it's just a draft, but it's got a lot of vague hand-waving, and basically no one seems all that thrilled about it, either from the privacy advocate side or the tech company side. Also, it doesn't even address the biggest privacy concern of all: government surveillance and snooping.

Some people are naturally skinny and able to eat almost anything they want without gaining weight. Obviously, there are also plenty of folks who need to watch their diets very carefully and exercise regularly to prevent unhealthy weight gain. The causes for obesity are not well understood, and while many observers like to say it's obvious that people need to expend more calories than they consume, the challenge of doing so isn't as simple as it sounds for many. There aren't any miracle diets or drugs, but as we study obesity and understand it more, there could be more palatable treatments someday.

Show of hands: who remembers the North Face vs. South Butt saga? Ah, yes, the trademark battle built perfectly for those of us with a sophomoric sense of humor, fully entertained us three years ago, when an upstart clothier attempted to be funny and the humorless lawyers at North Face cried consumer confusion. While the claim of confusion was as laughable as the rest of the story, the court proceedings saw South Butt agree to change its brand name. Which it did...to Butt Face, because why the hell not? South Butt/Butt Face, after all, was pimping its own publicity by streisanding its way through court proceedings, all thanks to North Face refusing to put down the litigation stick.

As Mike pointed out recently, thanks to Snowden (and possibly other sources), we now know the NSA, with some help from GCHQ, has subverted just about every kind of digital electronic device where it is useful to do so -- the latest being hard drives and mobile phones. That's profoundly shocking when you consider what most non-paranoid observers thought the situation was as recently as a couple of years ago. However, given that's how things stand, there are a couple of interesting ramifications.

There are way too many stories of Paypal unfairly and ridiculously cutting off services that rely on it as a payment mechanism, but here's yet another one. Mega, the cloud storage provider that is perhaps well-known for being Kim Dotcom's "comeback" act after the US government shut down Megaupload, has had its Paypal account cut off. The company claims that Paypal was pressured by Visa and Mastercard to cut it off:

Yesterday evening I saw a tweet zip by in which some very smart people I know and respect appeared to be arguing about the color of a dress. It seemed like a weird thing, so I went and looked and saw what appeared to be a white and gold dress. No big deal. But, other people insisted that it was blue and black. Vehemently. At first I thought it was a joke. Or an optical illusion. Or maybe it depended on your monitor. But I called over a colleague here in the office, and she swore that it was blue and black. And I was 100% sure that it was white and gold. If you somehow live under a rock, here's the image: We now know the "truth" (sort of) -- which is that the dress itself really is blue and black, but thanks to the lighting and some odd visual tricks it appears white and gold to a large part of the population. For what it's worth, many people report that after a period of time it switches, and that's true for me too. Late last night I took one last look (after everyone else in my family swore that it was blue and black) and I saw it blue and black. Amusingly, at almost exactly the same time, my wife suddenly saw it as white and gold. My mother-in-law suggested we both need to seek mental help. There are fights like this going on all over the internet, with lots of people trying to decipher why this image seems to work this way. So why are we writing about it here? Because it's Fair Use Week, and what a great fair use story.

Earlier this week, we wrote about a really dumb move by Google to effectively kick out all of the bloggers who use its blogger platform to post "adult" content -- either text or images. Google gave such bloggers just 30 days to find a new home before it would make all their blogs private. It insisted that, going forward, the content police at Google would determine what photographs were "artistic" and allowed, and which were "dirty" and not allowed. As we noted, this move seemed particularly tone deaf and problematic, and could lead to other problems for Google. And a lot of other people agreed.

So, we just had a story about German-based Total Wipes issuing a series of increasingly bizarre takedown notices, including one that tried to claim that basically any website with the URL "download" was infringing (including the URLs of tons of popular software, from Skype to Open Office to Evernote). The company has now responded to the takedowns, insisting that it's all no big deal because it was all just a software bug. "No doubts about it," the company says:

Over the last few months we've discussed how FCC Commissioner Ajit Pai has been waging a one man war on net neutrality and Title II using what can only be described as an increasingly aggressive barrage of total nonsense. Back in January Pai tried to claim that Netflix was a horrible neutrality hypocrite because the company uses relatively ordinary content delivery networks. Earlier this month Pai one-upped himself by trying to claim that meaningful neutrality consumer protections would encourage countries like Iran and North Korea to censor the Internet.

The DMCA takedown system is once again being abused by Craig Brittain. The recently deposed king inadvertent court jester of the revenge porn world -- defenestrated by the FTC no less -- has issued a new bogus takedown request in hopes of purging the internet of critical articles.

Rep. Aaron Schock is frequently referred to as a "rising star" in Congress, but this week, the Associated Press reported on a scandal involving Schock and his use of taxpayer and campaign funds for things like flights on private jets (owned by key donors) and a Katy Perry concert. Frankly, I think some of the "scandal" here is a bit overblown. But what struck me is part of how the AP tracked these details about Schock down:

As we've been reporting, seemingly hopeless legal challenges to UK surveillance have already notched up two wins, and revealed previously secret details about what has been going on. Now the French digital rights group La Quadrature du Net (LQDN) is taking the same approach in France:

Pat Lynch, the president of New York City's Patrolmen's Benevolent Association (PBA), has always been a cop's best friend, especially the more questionable ones. In the wake of Eric Garner's death at the hands of an NYPD officer, Lynch was quick to deflect criticism by pointing fingers at the person who captured the incident on video.

It's surprising how poorly documented some of the Apollo missions are now -- with lost original footage of the first lunar landing (eventually restored from other recordings). Now we're entering a new phase of space that's more privatized, so it's even more likely that commercial space programs will not be preserved for the benefit of all. Maybe someday all of NASA's tweets will be safely stored on magnetic tape, and SpaceX's first reusable rocket landing video will be preserved in HD. Or maybe we'll have to check on Elon Musk's closet after he dies to look for Martian souvenirs.

For a few years now, we've been writing about the Trans Pacific Partnership (TPP) agreement, and how we're quite concerned by many aspects of it. In particular, we're quite concerned about the intellectual property provisions -- which leaks have shown are tremendously problematic -- as well as the corporate sovereignty provisions, which negotiators like to call "investor state dispute settlement" (ISDS) because it sounds so boring. Of course, the biggest concern of all is that these deals are negotiated in total secrecy, with the various negotiators refusing to reveal the agreed upon text until it's a done deal and the public is unable to comment on it or suggest changes and fixes.