26th Jan2012

In Chile Desert, Huge Telescope Begins Galaxy Probe

by iSpit

A powerful telescope affording a view of the universe unmatched by most ground-based observatories gazed onto distant galaxies for the first time Monday from deep in Chile‘s Atacama desert.

The Atacama Large Millimeter/submillimeter Array, a joint project between Canada, Chile, the European Union, Japan, Taiwan and the United States, officially opened for astronomers after a decade of planning and construction.

The world’s biggest astronomy project, ALMA is described as the most powerful millimeter/submillimeter-wavelength telescope ever and the most complex ground-based observatory.

The first images arrived at the mega-site in northern Chile from 12 of the 66 radio telescopes.

“Today marks the recognition of the successful coalition of thousands of people from all over the world all working with the same goal: to build the world’s most advanced radio telescope to see into the universe’s coldest, darkest places, where galaxies and stars and perhaps the building blocks of life are created,” said ALMA director Thijs de Graauw.

ALMA differs from visible-light and infrared telescopes by using an array of linked antennas acting as a single giant telescope, and detects much longer wavelengths than those of visible light, rendering images unlike most others of the cosmos.

Although similar instruments are used in other locations, ALMA‘s are 10 to 100 times more powerful than others currently in operation, said ALMA scientist Lars Nyman.

ALMA‘s location also provides a unique advantage, because of the extreme aridity of the Atacama and its altitude of 5,000 meters (16,400 feet). It is in the same region as the European Extremely Large Telescope, due to begin operation in 2018.

The first images were of the Antennae Galaxies, a pair of colliding galaxies with dramatically distorted shapes some 70 million light years away in the Corvus constellation.

ALMA‘s view “reveals something that cannot be seen in visible light: the clouds of dense cold gas from which new stars form,” according to ALMA. “This is the best submillimeter-wavelength image ever made of the Antennae Galaxies.”

Images like “will be vital in helping us understand how galaxy collisions can trigger the birth of new stars,” said ALMA.

Project scientist Richard Hills told AFP that the results were “better than expected.”

“They’re really beautifully clear, there’s nothing that messes up the data… it really shows us what is going on inside their galaxies we had been looking for,” the former Cambridge University scientist added.

“We’ve been waiting a very long time to get to the point where ALMA is really able to do science. Some people have been working on this project for more than 20 years. So, it has been a long road, but all the bits and pieces that we need to make this telescope work, now come together.”

One of the projects chosen for ALMA observations was that of David Wilner of the Harvard-Smithsonian Center for Astrophysics in Cambridge, Massachusetts.

“My team hunts for the building blocks of solar systems, and ALMA is uniquely equipped to spot them,” Wilner said.

His target is AU Microscopii, a star 33 light years away that is only one percent of the age of the sun.

“We will use ALMA to image the ‘birth ring’ of planetesimals that we believe orbits this young star,” he said. “We hope to discover clumps in these dusty asteroid belts, which can be the markers of unseen planets.”

Masami Ouchi of the University of Tokyo will use ALMA to observe Himiko, a very distant galaxy churning out at least 100 suns’ worth of stars every year and surrounded by a giant, bright nebula.

“Other telescopes cannot show us why Himiko is so bright and how it has developed such a huge, hot nebula when the ancient universe all around it is so calm and dark,” said Ouchi.

20th Jan2012

The True Origins Of The Infamous Swastika

by iSpit

As you may know, if you arrived here from the homepage, in support of the anti SOPA/PIPA movement I have posted the above picture which is a swastika with the acronym SOPA embedded in it with a link that leads to how you can help stop SOPA/PIPA from becomming harsh realities on the right sidebar. I also posted said picture as my profile picture on my personal facebook page  to which I have been met with major adversity. In the past 24 hours I have been called everything from a racist to a hate mongerer down to a “disgrace to my own race and Amerikkka” (I added the 3 k’s by creative license). A disgrace to Amerikkka? Maybe, but my own race?? Why? Is it because I compared the entertainment industry’s attempt to privatize & police the internet to (regular) Hitler & Nazi Germany‘s attempt to takeover the world? (No Pinky & The Brain)

I decided that instead of doing battle with my opposers, I would much rather educate the masses; those who have chosen to be educated rather than to blindly hate things they cannot comprehend.

Read below:

The swastika predates the ancient Egyptian symbol, the Ankh by Approximately 3,000 years (1000 BCE). The swastika was commonly used &  have been found on many artifacts such as pottery and coins dating from ancient Troy. During the following thousand years, the image of the swastika could be found in many cultures around the world, including in China, Japan, India, and southern Europe.

By the Middle Ages, the swastika was a well known, if not commonly used, symbol but was called by many different names: China (Wan), England (Fylfot), Germany (Hakenkreuz), Greece (Tetraskelion and gammadion), India (Swastika).

 

The swastika (Sanskrit: स्वस्तिक) is an equilateral cross with its arms bent at right angles, in either right-facing (卐) form in counterclockwise motion or its mirrored left-facing (卍) form in clockwise motion. Earliest archaeological evidence of swastika-shaped ornaments dates back to the Indus Valley Civilization of Ancient India as well as Classical Antiquity. Swastikas have also been used in other various ancient civilizations around the world. It remains widely used in Indian religions, specifically in Hinduism, Buddhism and Jainism, primarily as a tantric symbol to evoke ‘shakti’ or the sacred symbol of auspiciousness. The swastika is also a Chinese character used in East Asia representing eternity and Buddhism.

The swastika is a repeating design, created by the edges of the reeds in a square basket-weave. Other theories attempt to establish a connection via cultural diffusion or an explanation along the lines of Carl Jung’s collective unconscious.

The genesis of the swastika symbol is often treated in conjunction with cross symbols in general, such as the sun cross of pagan Bronze Age religion. Beyond its certain presence in the “proto-writing” symbol systems emerging in the Neolithic nothing certain is known about the symbol’s origin. There are nevertheless a number of speculative hypotheses. One hypothesis is that the cross symbols and the swastika share a common origin in simply symbolizing the sun. Another hypothesis is that the 4 arms of the cross represent 4 aspects of nature – the sun, wind, water, soil. Some have said the 4 arms of cross are four seasons, where the division for 90-degree sections correspond to the solstices and equinoxes.The Hindus represent it as the Universe in our own spiral galaxy in the fore finger of Lord Vishu. This carries most significance in establishing the creation of the Universe and the arms as ‘kal’ or time, a calendar that is seen to be more advanced than the lunar calendar (symbolized by the lunar crescent common to Islam) where the seasons drift from calendar year to calendar year. The luni-solar solution for correcting season drift was to intercalate an extra month in certain years to restore the lunar cycle to the solar-season cycle. The Star of David is thought to originate as a symbol of that calendar system, where the two overlapping triangles are seen to form a partition of 12 sections around the perimeter with a 13th section in the middle, representing the 12 and sometimes 13 months to a year. As such, the Christian cross, Jewish hexagram star and the Muslim crescent moon are seen to have their origins in different views regarding which calendar system is preferred for marking holy days. Groups in higher latitudes experience the seasons more strongly, offering more advantage to the calendar represented by the swastika/cross.

Carl Sagan in his book Comet (1985) reproduces Han period Chinese manuscript (the Book of Silk, 2nd century BC) that shows comet tail varieties: most are variations on simple comet tails, but the last shows the comet nucleus with four bent arms extending from it, recalling a swastika. Sagan suggests that in antiquity a comet could have approached so close to Earth that the jets of gas streaming from it, bent by the comet’s rotation, became visible, leading to the adoption of the swastika as a symbol across the world. Bob Kobres in Comets and the Bronze Age Collapse (1992) contends that the swastika like comet on the Han Dynasty silk comet atlas was labeled a “long tailed pheasant star” (Di-Xing) because of its resemblance to a bird’s foot or track. Kobres goes on to suggest an association of mythological birds and comets also outside China.

In Life’s Other Secret (1999), Ian Stewart suggests the ubiquitous swastika pattern arises when parallel waves of neural activity sweep across the visual cortex during states of altered consciousness, producing a swirling swastika-like image, due to the way quadrants in the field of vision are mapped to opposite areas in the brain.

Alexander Cunningham suggested that the Buddhist use of the shape arose from a combination of Brahmi characters abbreviating the words su astí

Another early attestation is on pottery from the Samarra culture, dated to around 4000 BC. Joseph Campbell in an essay on The Neolithic-Paleolithic Contrast cites an ornament on a Late Paleolithic (10,000 BC) mammoth ivory bird figurine found near Kiev as the only known occurrence of such a symbol predating the Neolithic.

The swastika appears only very rarely in the archaeology of ancient Mesopotamia. It is found on prehistoric pottery, of which the Samarra bowl is the oldest known example, and on a number of early seal impressions, but then disappears from the record for the remainder of the Near Eastern Bronze Age.In India, Bronze Age swastika symbols were found at Lothal and Harappa, on Indus Valley seals.[

Swastikas have also been found on pottery in archaeological digs in Africa, in the area of Kush and on pottery at the Jebel Barkal temples,  in Iron Age designs of the northern Caucasus (Koban culture), and in Neolithic China in the Majiabang, Dawenkou and Xiaoheyan cultures. Other Iron Age attestations of the swastika can be associated with Indo-European cultures such as the Indo-Iranians, Celts, Greeks, Macedonians and Germanic peoples and Slavs. The Tierwirbel (the German for "animal whorl" or "whirl of animals") is a characteristic motive in Bronze Age Central Asia, the Eurasian Steppe, and later also in Iron Age Scythian and European (Baltic and Germanic) culture, showing rotational symmetric arrangement of an animal motive, often four birds' heads. Even wider diffusion of this "Asiatic" theme has been proposed, to the Pacific and even North America (especially Moundville).

The swastika is a historical sacred symbol both to evoke 'Shakti' in tantric rituals and evoke the gods for blessings in Indian religions. It first appears in the archaeological record here around 2500 BC in the Indus Valley Civilization. It rose to importance in Buddhism during the Mauryan Empire and in Hinduism with the decline of Buddhism in India during the Gupta Empire. With the spread of Buddhism, the Buddhist swastika reached Tibet and China. The symbol was also introduced to Balinese Hinduism by Hindu kings. The use of the swastika by the Bön faith of Tibet, as well as later syncretic religions, such as Cao Dai of Vietnam and Falun Gong of China, can also be traced to Buddhist influence.

BONUS:

"The Christian Cross is Evil for the Same Reasons as the Swastika"

The Swastika has had a glowing history for a thousand years. Representing the creative force of the sun, good luck, regenerative power, and was used by everyone pre-WW2 including by Rudyard Kipling, Coca Cola and American fighter pilots. It was used by all cultures in a positive way. In one decade however, the Nazis used it in a negative way, affecting all of society. As a result, those who are moral reactionaries protest whenever they see the swastika, because it reminds them of the bad things that happened in history.

 

The Christian Cross has the same contradictory history. Its history is that it was a symbol for good. But, like the swastika, it has been used for much evil. Not by one group, however, but by many. And not only for a decade, but for millennia. Europe was plunged into the dark ages, where Christian paranoia and "good will" turned European development backwards; torture, death and pain were inflicted across multiple European countries from a centralized Church. The history of the Cross contains a massive period of misuse, just like the history of the Swastika, even though both used to be symbols of good.

 

Now, those who use the swastika are largely neo-fascists who do not mind too much about its terrible history. Likewise, Christians who still use their cross must also be uncaring about the atrocities made in its name.

 

“If we are going to hate the image of the swastika, despite its history, just because one man who used the symbol was slightly off his rocker, then what about the cross? Many men have worn that symbol and been off their rockers as well!

This is more then wrong, it is ass backwards. The person wearing the swastika may or may not be a nazi, but even if they are, they have not killed anyone themselves, so where is the problem? The person wearing the cross I can guarantee believes in the word of Christ. He may not kill anyone himself, but he is wearing the symbol that is responsible for so many deaths in history. I don't see how we can hate one of these symbols and not the other. Either we need to see more swastikas or less crosses around. I have no problem with swastikas, but would rather not see them myself, so you can see which way I think we should go. What do you think?”

"The Swasticross" by Chaos
www.KillChrist.com [site down]

 

That’s the dilemma that Christians are in. If they condemn the use of good symbols that have been used for mass evil, then they must condemn both the swastika and the cross. If they admit that actually they are only symbols, and although they’ve been used for evil, they can still be used for good, then such people should accept usage of the swastika and usage of the Cross. Both symbols share the same paradoxes. A person can only reject one and accept the other for one reason: They don’t care about the people involved. So, Christians don’t really mind that many were tortured and burned by the Cross, and on the Cross, just like neo-Nazis don’t really care (or believe) that Jews were murdered en masse by proponents of the swastika.

 

13th Dec2011

European Law Stops Facebook Selling Personal Information To Advertisers W/O Permission

by iSpit

Facebook will face a new legal challenge from Europe with the Telegraph reporting that a new law will prohibit the company from using users’ information to produce bespoke advertising.

The new directive from the European Commission would mean that Facebook would be unable to sell individuals’ information to advertisers without permission. If the social network failed to comply with the new law, expected to be introduced in January, it could face legal action or a large fine.

Facebook responded to the news with a statement, telling the Telegraph:

“We can show relevant ads in a way that respects individual privacy because our system only provides advertisers with anonymous and aggregate information for the purpose of targeting ads.”

“We do not share people’s names with an advertiser without a person’s explicit consent and we never sell personal information to third parties.”

Additionally, other tech titans such as Microsoft and Google have spoken out against any directive to tighten online privacy to the extreme. Bloomberg reports that the two aforementioned companies have warned the European Union that incredibly strict privacy rules would harm technology development on the continent.

01st Dec2011

What A Lack Of AIDS Funding Could Mean For Africa

by iSpit

The world’s largest supporter of AIDS programs has made an ominous announcement: Because of the global financial crisis, it is well short of its fundraising goals.

The Global Fund to Fight AIDS, Tuberculosis and Malaria pays for more than half of the world’s HIV medicine, and supports hundreds of education and advocacy programs worldwide. With World AIDS Day on Thursday, many are worried about what that means for the future of the war on AIDS.

Keeping Momentum In South Africa

Inside the Ubuntu HIV clinic in South Africa, dozens of people sit on wooden benches. Some wear masks over their mouths, as children chase each other through the aisles. They’re here to collect their monthly supplies of anti-retroviral drugs — the medicine that allows HIV-positive people to stay healthy.

South Africa has more HIV-positive people than any other country in the world. More than 6,000 people collect their medicine at this clinic in Khayelitsha, a sprawling township on the outskirts of Cape Town.

Nompumelelo Montangana, the operational manager, says the clinic has made huge strides in the fight against HIV. It has greatly increased the number of patients it treats and has raised community awareness of the disease.

However, she says, the Global Fund‘s financial shortfall has her worried.

“If the funding is not there, then that means what we have worked [on] over the past 10 years … will be a waste,” Montangana says.

The Global Fund hopes to distribute $20 billion in 2012, primarily to programs in sub-Saharan Africa. Two-thirds of the world’s HIV-positive people live there.

So far, it has raised just half of that amount.

Dr. Christoph Benn, the Global Fund‘s director of external relations, says the nonprofit essentially hit a financial plateau.

“Basically, we are predicting the funding will remain at a similar level, hopefully with some increase,” Benn says, “but it is not currently sufficient to call for a full, new round of funding that would allow countries to scale up their current programs.”

That means people who now have access to anti-retroviral drugs won’t be affected much. Still, roughly half the world’s HIV-positive people live in areas with limited or no access to those drugs, and their situation probably won’t improve.

The ‘Worst-Case Scenario’

Education and advocacy groups are also under threat. The Treatment Action Campaign, one of South Africa‘s most influential AIDS organizations, has said it will be forced to close its doors in January if Global Fund dollars aren’t delivered as promised.

Dr. Eric Goemaere, the director of Doctors Without Borders for Southern Africa, warns that clinics in some countries could run out of anti-retroviral drugs — a situation he calls “stock-outs.”

“Worst-case scenario is stock-outs, and people who are already on treatment will have to be stopped,” he says. “Countries, like certainly Zimbabwe and Mozambique, and probably Malawi, will have extreme difficulties.”

The Global Fund receives 95 percent of its income from European and North American governments. Now, many of those governments are saying they can’t pledge more money in the midst of the global financial crisis. Goemaere, however, says the problem is that there is not the same political will around AIDS that there was a decade ago.

“The real reason is that the political interest has definitely faded away,” he says, “probably because it is not perceived as threatening as it was in that time, for the rich countries — for European and North American countries.”

South Africa, which has the largest economy in Africa and a government that is committed to fighting the disease, is unlikely to see its HIV clinics close. The same may not be true for many of its neighbors.

10th Nov2011

Facebook: Releasing Your Personal Data To YOU “Reveals Our Trade Secrets”

by iSpit

An Austrian group called Europe versus Facebook has so far made 22 complaints regarding the social network’s practices. In the process, the organization has stumbled upon an important tidbit: Facebook says it is not required to give you a copy of some of your personal data if it deems doing so would adversely affect its trade secrets or intellectual property.

On its website, Europe versus Facebook shows how to request a copy of your personal data on the social network. It explains that because of Ireland’s 1988 Data Protection Act (DPA), Facebook has to send you your data on a CD within 40 days of a request.

The organization managed to accidentally get Reddit involved, whose users recently overwhelmed Facebook with data requests by following a slightly altered version of the instructions. The company was forced to e-mail all users requesting data to say it was experiencing a significant delay in processing the requests and will be unlikely to respond within 40 days of the initial request.

Before Reddit found out about Facebook’s request tool, Max Schrems of Europe versus Facebook managed to receive a reply to his request. It was in the form of a CD-ROM storing over 1,222 pages. As he looked through the ridiculously long document however, Schrems noticed that important information was missing, and so he contacted Facebook again asking for the remaining data. Here’s Facebook response:

Dear Mr. Schrems:

We refer to our previous correspondence and in particular your subject access request dated July 11, 2011 (the Request).

To date, we have disclosed all personal data to which you are entitled pursuant to Section 4 of the Irish Data Protection Acts 1988 and 2003 (the Acts).

Please note that certain categories of personal data are exempted from subject access requests.
Pursuant to Section 4(9) of the Acts, personal data which is impossible to furnish or which can only be furnished after disproportionate effort is exempt from the scope of a subject access request. We have not furnished personal data which cannot be extracted from our platform in the absence of is proportionate effort.

Section 4(12) of the Acts carves out an exception to subject access requests where the disclosures in response would adversely affect trade secrets or intellectual property. We have not provided any information to you which is a trade secret or intellectual property of Facebook Ireland Limited or its licensors.

Please be aware that we have complied with your subject access request, and that we are not required to comply with any future similar requests, unless, in our opinion, a reasonable period of time has elapsed.

Thanks for contacting Facebook,
Facebook User Operations Data Access Request Team

When Reddit users started getting e-mails from Facebook about a delay for their data requests, Schrems got one as well. He also got the response above, but I only picked up on it now, after TechDirt linked to the a PDF of both e-mails.

It’s worth noting that also last month, Billy Hawkes, Ireland’s Data Protection Commissioner, announced that he will conduct a privacy audit of Facebook’s activities. Since Facebook’s international headquarters is in Dublin, all users outside the US and Canada could be affected by his findings.

His office decided to investigate the company after Europe versus Facebook’s 22 complaints were covered repeatedly in the media. For reference again, here are all the complaints:

  1. Pokes are kept even after the user “removes” them.
  2. Facebook is collecting data about people without their knowledge. This information is used to substitute existing profiles and to create profiles of non-users.
  3. Tags are used without the specific consent of the user. Users have to “untag” themselves (opt-out). Note: Facebook has announced changes for this.
  4. Facebook is gathering personal data e.g. via its iPhone-App or the “friend finder”. This data is used by Facebook without the consent of the data subjects.
  5. Postings that have been deleted showed up in the set of data that was received from Facebook.
  6. Users cannot see the settings under which content is distributed that they post on other’s pages.
  7. Messages (incl. Chat-Messages) are stored by Facebook even after the user “deleted” them. This means that all direct communication on Facebook can never be deleted.
  8. The privacy policy is vague, unclear and contradictory. If European and Irish standards are applied, the consent to the privacy policy is not valid. Facebook tried improving it earlier this year.
  9. The new face recognition feature is an disproportionate violation of the users right to privacy. Proper information and an unambiguous consent of the users is missing.
  10. Access Requests have not been answered fully. Many categories of information are missing.
  11. Tags that were “removed” by the user, are only deactivated but saved by Facebook.
  12. In its terms, Facebook says that it does not guarantee any level of data security.
  13. Applications of “friends” can access data of the user. There is no guarantee that these applications are following European privacy standards.
  14. All removed friends are stored by Facebook. This was reconfirmed recently.
  15. Facebook is hosting enormous amounts of personal data and it is processing all data for its own purposes. It seems Facebook is a prime example of illegal “excessive processing”.
  16. Facebook is running an opt-out system instead of an opt-in system, which is required by European law.
  17. The Like Button is creating extended user data that can be used to track users all over the internet. There is no legitimate purpose for the creation of the data. Users have not consented to the use.
  18. Facebook has certain obligations as a provider of a “cloud service” (e.g. not using third party data for its own purposes or only processing data when instructed to do so by the user).
  19. The privacy settings only regulate who can see the link to a picture. The picture itself is “public” on the internet. This makes it easy to circumvent the settings.
  20. Facebook is only deleting the link to pictures. The pictures are still public on the internet for a certain period of time (more than 32 hours).
  21. Users can be added to groups without their consent. Users may end up in groups that lead other to false impressions about a person.
  22. The policies are changed very frequently, users do not get properly informed, they are not asked to consent to new policies.

The Irish Data Protection Commissioner will have a tough time going through all of these complaints. Still, I would argue it will be even more difficult for Facebook to show that sending you certain parts of your personal data “would adversely affect trade secrets or intellectual property.”

I have contacted Facebook for more information about this issue and will update this article if I hear back.

02nd Nov2011

IRS Opens Investigation Into Google Tax Practices

by iSpit

The United States Internal Revenue Service (IRS) has opened an investigation into Google’s practice of saving about $1 billion a year in federal income tax by funneling profits from its US and European business units into countries with lower tax rates, Bloomberg is reporting.

The techniques Google used, referred to as the “Double Irish” and the “Dutch Sandwich,” involved moving profts through Ireland, the Netherlands and Bermuda in order to get the most favorable tax rates possible. In fact, in the second quarter of 2011, Google paid an effective tax rate of 18.8 percent, about half of the average combined US and state statutory rate of 39.2 percent.

A large part of the issue, according to Bloomberg’s unnamed source, is Google’s valuation of software and intellectual property that was licensed abroad. In other words, Google may be attributing acquisitions (like the $1.65 billion YouTube purchase) to its foreign subsidiaries and paying less in taxes for having done so. It’s estimated that Google may have saved $3.1 billion over three years by following this method.

We’re short on official details: the IRS hasn’t made the audit official and doesn’t comment on individual taxpayers regardless, and the French tax authorities have launched their own investigation but are following that same rule of silence.

The Guardian, which has put together its own timeline of Google’s international money trail, got the following statement from a company spokesperson:

“We have an obligation to our shareholders to set up a tax-efficient structure, and our present structure is compliant with the tax rules in all the countries where we operate. We make a very substantial contribution to local and national taxation and provide employment for over a thousand people in the UK. We also generate significant revenues for other companies, and last year gave more than $6bn to our AdSense publisher partners, including newspapers and broadcasters across the world.”

Or in simpler terms, Google is saying that you can argue all you want about the ethics of this kind of tax strategy, what it’s doing is perfectly legal and ultimately beneficial. And if the brass at the IRS doesn’t like it, it’s up to them to prove Google wrong. But what’s one more legal battlefront to Google?

21st Oct2011

We Major: Merlin Reaches Global Licensing Deal With YouTube

by iSpit

Merlin, the independent label master rights licensing agency that refers to itself as the fifth major, has reached a global licensing deal with YouTube.

Terms of the deal were not released, but the deal points have been published to its members, which have to opt in to be included under the agreement.

Merlin members include Merge Records, Warp Records, Epitaph, Naïve, Tommy Boy, One Little Indian, Yep Roc/Red Eye, Kontor New Media, Beggars Group, Sub-Pop, !K7, PIAS, Domino and Koch/E1.

The agreement calls for Merlin’s member labels to be paid out whenever their official videos or user-generated videos featuring their repertoire are played via the YouTube service, which pays royalties out of revenue generated by selling advertising.

“It is an all encompassing deal allowing labels to create their own channels,” Merlin CEO Charles Caldas told Billboard.biz. Caldas noted that YouTube is an important destination for music fans providing many promotional tools for record labels. He adds the agreement, also allows its member labels to build a premium monetization model at Youtube.

In a statement, Chris Maxcy, Head of Global Music Partnerships at YouTube, said “We’re continually looking for new ways to connect independent artists with their fans and we’re thrilled to have struck a deal with Merlin that will help us do just that, while compensating them for their efforts at the same time.”

Caldas says the independent label sector “is more important to the success of services like YouTube than the four majors because their member’s repertoire provides the final chunk of content that drives the value equation.”

Billboard estimates independently-owned repertoire in the U.S. at about 31.9% through the first nine months of this year, while Merlin estimates its members’ market share at about 10%, or nearly one-third the sector’s overall market share. Moreover, in some European countries, Merlin’s market share is much larger Caldas says.

18th Oct2011

Dutch Government To Ban U.S. Providers Over Patriot Act Concerns

by iSpit

The Dutch government is to “basically [...] exclude” U.S. cloud providers from government IT contracts amid concerns of the reach of the Patriot Act in Europe.

To prevent sensitive citizen data from being compromised by U.S. authorities, the move to bar U.S. companies from providing cloud-based services and data processing capabilities is only a temporary measure until the European Commission changes the data protection laws.

Discussed by the European Parliament’s Privacy Platform earlier this month, the Patriot Act is being investigated by European authorities, after Gordon Frazer, managing director of Microsoft UK, exclusively told ZDNet that the Redmond-based company must comply with Patriot Act requests, and other companies with a U.S. presence must do also.

This contravenes European law, which states that organisations cannot pass on user data to a third-party outside the European zone without the users’ permission.

In a written answer to a parliamentary question, Dutch minister Ivo Opstelten asserted that, in response to previous questions (Dutch): “This basically means that companies from the United States in such bids and contracts are excluded.”

Opstelten admitted that while the Dutch government is “experimenting with Google Docs and Dropbox”, though data is believed to be stored on Dutch territory, it is unknown whether they are managed by U.S. companies.

However, “taking into account the possible consequences of the application of foreign law”, the minister said that steps would be taken to prevent U.S. cloud service providers or supplier would be “excluded” from contracts handling government or citizen data.

According to other reports, the government is considering a ban on Microsoft and Google provided cloud offerings, requiring policy to be put forward to determine certain requirements for awarding contracts.

Last month, an article published claimed that the power to search suspects with Patriot Act invoked ‘delayed warrants’ — the ability to search without formally making warrants known to the subject, to prevent the loss of vital evidence — were used in 1,618 drug-related cases, 122 cases for fraud, but only 15 cases relating to terrorism.

09th Sep2011

Concerns Swirl Over Safety Of ‘Uncontacted’ Amazonian Tribe

by iSpit

The whereabouts of a remote Amazonian tribe who appeared in remarkable footage earlier this year aiming bows and arrows at a plane flying over their jungle homes was unknown Monday after government officials sent to protect them were forced to abandon their post and flee from armed drug traffickers.

Traffickers crossed the border from Peru and threatened officials from the National Indigenous Foundation (Funai), the government body charged with protecting Brazil’s isolated Indians, a foundation spokesman said, underlining new threats for isolated Indians as traffickers seek new territory and routes.

“This is extremely distressing news,” says Stephen Corry, director of Survival International, an indigenous rights group based in the UK. “There is no knowing how many tribal peoples the drugs trade has wiped out in the past, but all possible measures should be taken to stop it happening again.”

The officials monitoring the tribe fled and the traffickers ransacked their jungle camp before Brazilian police reinforcements could reach the area.

Police have now retaken the base close to Brazil’s western border with Peru, and Funai officials are once again on the ground.

Two dozen officers tracked down and arrested one man, named as Joaquim Fadista. Mr. Fadista had already been detained in Brazil on trafficking charges and extradited to Peru. Officials believe Fadista was involved with a group trying to carve out new cross-border cocaine routes, or was working for loggers who covet the timber growing in the untouched forests where the group, called the Xinane, live. They are particularly worried at finding an arrow head in one of the trafficker’s abandoned backpacks.

“Arrows are like the identity card of uncontacted Indians,” says Carlos Travassos, the Funai official in charge of the isolated Indians division. “We think the Peruvians made the Indians flee…We are more concerned than ever. This could be one of the biggest blows in decades to the work of protecting isolated Indians.”

Although Funai sent an official report on the events, it did not mention the whereabouts of the Xinane and it is not known if they are safe. Officials hope they fled the commotion and sought refuge deeper in the forest.

The Xinane came to worldwide prominence at the start of this year after they were filmed for a BBC nature program. The incredible scenes showed the clearly frightened Indians pointing bows and arrows at the plane flying overhead.

The footage turned them into unlikely – albeit unknown – celebrities and indigenous rights activists were today lamenting the developments and praying for their safety. “The world’s attention should be on these uncontacted Indians, just as it was at the beginning of this year when they were first captured on film,” says Mr.Corry. Isolated Indian tribes like the Xinane are often kept on reservations for what officials say is their own good. Funai creates the fenced-off areas not to keep the Indians in, but to keep loggers, farmers, miners, and other threats out.

The policy is designed to protect the Indians and allow them to continue to live the same way they have lived for centuries.

Around 18 percent of the Amazon has been chopped down, and although deforestation rates have slowed in recent years, there are traces or reports of 39 uncontacted tribes still living in remote parts of the rainforest.

Today, there are around 350,000 Indians in Brazil, down from between 3 and 5 million before European colonizers arrived.

04th Aug2011

Patriot Act vs. European law: What Are The Likely Outcomes?

by iSpit

Between the transposing of the EU Data Protection Directive in 1998 and the terrorist attacks in New York in September 2001, trade relations between the United States and the European Union were mutual, bilateral and safe.

The arrangement between the U.S. and the EU — for which both continents vary a great deal on data protection and citizen privacy — were shot down when the Patriot Act was rushed through Congress in October 2001.

The European Parliament is debating its own laws, to determine whether the Patriot Act is a threat to European data.

A senior Microsoft executive has already stated that in, short, the Patriot Act does not allow them to guarantee the safety or privacy of European data.

A clear disparity between the laws is ever present and becoming clearer each and every day.

The question now to ask is: how could the data protection war between the two continents be solved?

The EU could ban cloud companies to force the U.S. into changing their laws.

This would be, if not the most significant measure the European Parliament could take.

Banning any connection to the U.S. cloud would have massive impact on trade and diplomatic relations, and would leave many customers and clients in service hiatus.

Customers could lose access to data already held in an insecure cloud, and have their services cut off entirely, with businesses losing their outsourced communications services.

Or, Europe could ban new cloud contracts being signed by European clients with U.S.-based or wholly owned companies. This would limit the problem from spreading, but not solve the issue in its entirety.

U.S. companies could ’set free’ their EU-subsidiaries so they can operate as self-operated.

Though it is not ideal, and might cause serious legal headaches for wholly owned EU subsidiaries of larger U.S. owned companies, subsidiaries could be allowed to operate independently from their parent organisations.

At the moment, EU companies are controlled by their U.S. parent company and cannot refuse to hand over data. This has been likened to ‘having an argument with yourself’.

The European Parliament could implement some methods to ensure that EU companies are protected under EU law, and therefore could operate independently from their head offices.

But this solution would not go without problems; with EU companies being able to — in theory — detach themselves from their parent company.

The EU could suspend Safe Harbor to prevent EU data leaving Europe.

Safe Harbor allows data to be sent from Europe to the United States, under the premise that organisations receiving the data from their European counterparts agree to the European data protection principles.

If Safe Harbor were to be suspended, this could severely impact cloud service providers, as well as governmental intelligence sharing capabilities.

While the very point of the Patriot Act series when I highlighted that U.S. intelligence agencies could access EU-based data, this would on the flip side have ramifications for intelligence sharing governments across the world; potentially hampering serious investigations into online child abuse and terrorism.

The EU could draft emergency legislation to temporarily block U.S. law, giving time to work on it further.

The most likely option, and far beyond the least damaging. In what form this will take, it is not clear.

The European Parliament could unequivocally state that EU data “must not leave the European Economic Area under any circumstances“. This would solve the problem, as EU subsidiaries would have to abide by local EU law — and could face severe penalties for not doing so.

But this would have implications for the Safe Harbor agreement.

Whether any solution is the “best” solution — or even a solution at all — there will no doubt be a backlash of further problems to consider.

This issue cannot be solved overnight, and will no doubt require fresh EU legislation to be put forward to the European Parliament.

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