Argentinian Government Bans Civil Society Organizations From Attending Upcoming WTO Ministerial Meeting



  • The World Trade Organization (WTO), the multilateral global trade body that has almost all countries as members, has been eyeing an expansion of its work on digital trade for some time. Its current inability to address such issues is becoming an existential problem for the organization, as its relevance is challenged by the rise of smaller regional trade agreements such as the Trans-Pacific Partnership (TPP), North American Free Trade Agreement (NAFTA), and Regional Comprehensive Economic Partnership (RCEP) that do contain digital trade rules.

    That’s one reason why some experts are now arguing that the WTO ought to retake leadership over digital trade rulemaking. Their reasoning is that a global compact could be more effective than a regional one at combatting digital protectionism, such as laws that restrict Internet data flows or require platforms to install local servers in each country where they offer service.

    Civil Society Barred from WTO Summit

    It’s true that some countries do have protectionist rules that affect Internet freedom, and that global agreements could help address these rules. But the problem in casting your lot in with the WTO is that as closed and opaque as deals like the TPP, NAFTA, and RCEP are, the WTO is in most respects no better. That was underscored last week, when in a surprise move the Argentinian government blocked representatives from civil society organizations (CSOs) from attending the upcoming WTO biennial summit of 164 member states, which is scheduled between 10-13 December in Buenos Aires.

    Last week the WTO reached out to more than than 64 representatives from CSOs, including digital rights organizations Access Now and Derechos Digitales, to inform them that “for unspecified reasons, the Argentine security authorities have decided to deny your accreditation.” The Argentine government later issued a press release claiming that activists had been banned as “they had made explicit calls to manifestations of violence through social networks”—a remarkable claim for which no evidence was presented, and which the groups in question have challanged.

    Most of the banned organizations belong to the Our World Is Not For Sale network (OWINFS), a global social-justice network which has been engaging in WTO activities, including organizing panels and sessions for over two decades. In a strongly-worded letter, Deborah James, OWINFS Network Coordinator has condemned Argentina’s actions and noted that the lack of explanation behind the decision “attacked the conference’s integrity” and violated “a key principle of international diplomacy”.

    Even before these delegates were barred from the meeting, their ability to participate in the WTO summit was tightly constrained. Unlike other international negotiation bodies such as WIPO, the WTO does not permit non-state actors to attend meetings even as observers, nor to obtain copies of documents under negotiation. Their admission into the meeting venue would only authorize them to meet with delegates in corridors and private side-meetings, and Argentina’s action has taken away even that. Instead, public interest groups will essentially be limited to meeting and protesting outside the summit venue, out of sight and out of mind of the WTO delegates inside.

    Multilateral v. Multistakeholder to Digital Trade

    Thus the problem with the suggestion that the WTO should take on the negotiation of new Internet-related issues is that any such expansion of the WTO mandate would require a rehaul of its existing standards and procedures for negotiations. International trade negotiations are government-led, and allow for very limited public oversight or participation in the process. On the other hand, the gold standard for Internet-related policy development is for a global community of experts and practitioners to participate in an open, multistakeholder setting.

    Transparent consultative practices are critical in developing rules on complex digital issues as prescriptions nominally about commerce and trade can affect citizens’ free speech and other fundamental individual rights. In this respect and others, digital issues are different from conventional trade issues such as quotas and tariffs, and it is important to involve users in discussion of such issues from the outset. Thorough documents such as our Brussels Declaration on Trade and the Internet, EFF has been calling upon governments to make trade policy making on Internet issues more transparent and accountable, whether it is conducted at a multilateral or a smaller plurilateral level.

    The WTO’s lack of any institutional mechanisms to gather inputs from the public and its inability to assure participation for CSOs is a big blow to the WTO’s credibility as a leader on global digital trade policy. Argentina’s unprecedented ban on CSOs is especially worrying, as e-commerce is expected to be a key topic of discussion at the summit.

    E-commerce Agenda Up In The Air

    Last week, WTO director general Roberto Azevedo announced that he will be appointing “minister facilitators” to work with sectoral chairs and identified e-commerce as an area for special focus. That doesn’t mean that it’s an entirely new issue for the WTO. E-commerce (now sometimes also called “digital trade”) entered the WTO in 1998, when member countries agreed not to impose customs duties on electronic transmissions, and the moratorium has been extended periodically, though no new substantive issues have been taken on.

    This is changing. Since last year, developed and developing countries have been locked in a battle over whether the WTO’s digital trade work program should expand to include new digital trade issues such as cross-border data flows and localization, technology transfer, disclosure of source code of imported products, consumer protection, and platform safe harbors.

    This push has come most strongly from developed countries including the United States, Japan Canada, Australia, and Norway. During an informal meeting at the WTO in October, the EU, Canada, Australia, Chile, Korea, Norway and Paraguay, among other countries, circulated a restricted draft ministerial decision to establish “a working party” at the upcoming WTO ministerial meeting in Buenos Aires and authorizing it to “conduct preparations for and carry out negotiations on trade-related aspects of electronic commerce on the basis of proposal by Members”.

    Amongst these are a May 2017 proposal presented by the European Union in which the co-sponsors mapped out possible digital trade policy issues to be covered, including rules on spam, electronic contracts, and electronic signatures. The co-sponsors noted that the list they provided was not exhaustive, and they invited members to give their views on what additional elements should be added.

    But many developing nations have opposed the introduction of new issues, instead favoring the conclusion of pending issues from the Doha Round of WTO negotiations, which are on more traditional trade topics such as agriculture. In particular, India this week submitted a formal document at the WTO opposing any negotiations on e-commerce. Commerce and Industry minister Suresh Prabhu said, “We don’t want any new issues to be brought in because there is a tendency of some countries to keep discussing new things instead of discussing what’s already on the plate. We want to keep it focused.” India has maintained that although e-commerce may be good for development, it may not be prudent to begin talks on proposals supported by developed countries. A sometimes unspoken concern is that these rules provide “unfair” market access to foreign companies, threatening developing countries’ home-grown e-commerce platforms.

    China has a somewhat different view, and has expressed openness to engage in discussions on new rules to liberalize cross-border e-commerce. Back in November 2016, China had also circulated a joint e-commerce paper with Pakistan, and has since called for informal talks to “ignite” discussions on new rules, with a focus on the promotion and facilitation of cross-border trade in goods sold online, taking into account the specific needs of developing countries.

    A number of other developing nations have their own proposals for what the WTO’s future digital trade agenda might include. In March 2017, Brazil circulated a proposal seeking “shared understandings” among member states on transparency in the remuneration of copyright, balancing the interests of rights holders and users of protected works, and territoriality of copyright. In December 2016, another document prepared by Argentina, Brazil, and Paraguay focused on the electronic signatures and authentication aspect of the work programme. And in February 2017, an informal paper co-sponsored by 14 developing countries identified issues such as online security, access to online payments, and infrastructure gaps in developing countries as important areas for discussion.

    Expectations From the Ministerial Meeting

    With so many different proposals in play, the progress on digital trade made at the Ministerial Conference is likely to be modest, reflecting the diverging interests of WTO Members on this topic. Reports suggest that India has built strong support amongst a large number of nations including some industrialized countries, for its core demands for reaffirming the principles of multilateralism, inclusiveness and development based on the Doha work programme. Given India’s proactive stance opposing the expansion of the current work programme on e-commerce, this suggests an underwhelming outcome for proponents of the expansion of the WTO’s digital trade agenda.

    However India’s draft ministerial decision on e-commerce also instructs the General Council of the WTO to hold periodic reviews in its sessions in July and December 2018 and July 2019, based on the reports that may be submitted by the four WTO bodies entrusted with the implementation of its e-commerce Work Programme, and to report to the next session of the Ministerial Conference. If enough members agree with India and relevant changes are made to suit all members, India’s draft agreement could become an actual declaration.

    In other words, even if, as seems likely, no new rules on digital trade issues come out of the 2017 WTO summit, that won’t be the end of the WTO’s ambitions in this field. It seems just as likely that whatever protests take place in the streets of Buenes Aires, from activists who were excluded from the venue, will be insufficient to dissuade delegates from this course. But what we believe is achievable is to make further progress towards changing the norms around public participation in trade policy development, with the objective of improving the conditions for civil society stakeholders not only at the WTO, but also in other trade bodies and negotiations going forward.

    This is one of the topics that EFF will be focusing on at this month’s Internet Governance Forum (IGF), where we will be hosting the inaugural meeting of a new IGF Dynamic Coalition on Trade and the Internet, and hopefully announcing a new multi-stakeholder resolution on the urgent need to improve transparency and public participation in trade negotiations. The closed and exclusive 2018 WTO summit is an embarrassment to the organization. If and when the WTO does finally expand its work program on digital trade issues, it is essential that public interest representatives be seated around the table—not locked outside the building.

    https://www.eff.org/deeplinks/2017/12/argentinian-government-bans-civil-society-organizations-upcoming-wto-ministerial-meeting





Tmux Commands

screen and tmux

A comparison of the features (or more-so just a table of notes for accessing some of those features) for GNU screen and BSD-licensed tmux.

The formatting here is simple enough to understand (I would hope). ^ means ctrl+, so ^x is ctrl+x. M- means meta (generally left-alt or escape)+, so M-x is left-alt+x

It should be noted that this is no where near a full feature-set of either group. This - being a cheat-sheet - is just to point out the most very basic features to get you on the road.

Trust the developers and manpage writers more than me. This document is originally from 2009 when tmux was still new - since then both of these programs have had many updates and features added (not all of which have been dutifully noted here).

Action tmux screen
start a new session tmux OR
tmux new OR
tmux new-session
screen
re-attach a detached session tmux attach OR
tmux attach-session
screen-r
re-attach an attached session (detaching it from elsewhere) tmux attach -d OR
tmux attach-session -d
screen -dr
re-attach an attached session (keeping it attached elsewhere) tmux attach OR
tmux attach-session
screen -x
detach from currently attached session ^b d OR
^b :detach
^a ^d OR
^a :detach
rename-window to newname ^b , <newname> OR
^b :rename-window <newn>
^a A <newname>
list windows ^b w ^a w
list windows in chooseable menu ^a "
go to window # ^b # ^a #
go to last-active window ^b l ^a ^a
go to next window ^b n ^a n
go to previous window ^b p ^a p
see keybindings ^b ? ^a ?
list sessions ^b s OR
tmux ls OR
tmux list-sessions
screen -ls
toggle visual bell ^a ^g
create another window ^b c ^a c
exit current shell/window ^d ^d
split window/pane horizontally ^b " ^a S
split window/pane vertically ^b % ^a |
switch to other pane ^b o ^a <tab>
kill the current pane ^b x OR (logout/^D)
collapse the current pane/split (but leave processes running) ^a X
cycle location of panes ^b ^o
swap current pane with previous ^b {
swap current pane with next ^b }
show time ^b t
show numeric values of panes ^b q
toggle zoom-state of current pane (maximize/return current pane) ^b z
break the current pane out of its window (to form new window) ^b !
re-arrange current panels within same window (different layouts) ^b [space]
Kill the current window (and all panes within) ^b killw [target-window]
  • Criteo is an ad company. You may not have heard of them, but they do retargeting, the type of ads that pursue users across the web, beseeching them to purchase a product they once viewed or have already bought. To identify users across websites, Criteo relies on cross-site tracking using cookies and other methods to follow users as they browse. This has led them to try and circumvent the privacy features in Apple’s Safari browser which protects its users from such tracking. Despite this apparently antagonistic attitude towards user privacy, Criteo has also been whitelisted by the Acceptable Ads initiative. This means that their ads are unblocked by popular adblockers such as Adblock and Adblock Plus. Criteo pays Eyeo, the operator of Acceptable Ads, for this whitelisting and must comply with their format requirements. But this also means they can track any user of these adblockers who has not disabled Acceptable Ads, even if they have installed privacy tools such as EasyPrivacy with the intention of protecting themselves. EFF is concerned about Criteo’s continued anti-privacy actions and their continued inclusion in Acceptable Ads.

    Safari Shuts out Third Party Cookies…

    All popular browsers give users control over who gets to set cookies, but Safari is the only one that blocks third-party cookies (those set by a domain other than the site you are visiting) by default. (Safari’s choice is important because only 5-10% of users ever change default settings in software.) Criteo relies on third-party cookies. Since users have little reason to visit Criteo’s own website, the company gets its cookies onto users’ machines through its integration on many online retail websites. Safari’s cookie blocking is a major problem for Criteo, especially given the large and lucrative nature of iPhone’s user base. Rather than accept this, Criteo has repeatedly implemented ways to defeat Safari’s privacy protections.

    One workaround researchers detected Criteo using was to redirect users from sites where their service was present to their own. For example, if you visited wintercoats.com and clicked on a product category, you would be first diverted to criteo.com and then redirected to wintercoats.com/down-filled. Although imperceptible to the user, this detour was enough to persuade the browser that criteo.com is a site you chose to visit, and therefore a first party entitled to set a cookie rather than a third party. Criteo applied for a patent on this method in August 2013.

    …And Closes the Backdoor

    Last summer, however, Apple unveiled a new version of Safari with more sophisticated cookie handling—called Intelligent Tracking Prevention (ITP)—which killed off the redirect technique as a means to circumvent the cookie controls. The browser now analyzes if the user has engaged with a website in a meaningful way before allowing it to set a cookie. The announcement triggered panic among advertising companies, whose trade association, the Interactive Advertising Bureau, denounced the feature and rushed out technical recommendations to work around it. Obviously the level of user “interaction” with Criteo during the redirect described above fails ITP’s test, which meant Criteo was locked out again.

    It appears that Criteo’s response was to abandon cookies for Safari users and to generate a persistent identifier by piggybacking on a key user safety technology called HSTS. When a browser connects to a site via HTTPS (i.e. a site that supports encryption), the site can respond with an HTTP Strict Transport Security policy (HSTS), instructing the browser to only contact it using HTTPS. Without a HSTS policy, your browser might try to connect to the site over regular old unencrypted HTTP in the future—and thus be vulnerable to a downgrade attack. Criteo used HSTS to sneak data into the browser cache to produce an identifier it could use to recognize the individual’s browser and profile them. This approach relied on the fact that it is difficult to clear HSTS data in Safari, requiring the user to purge the cache entirely to delete the identifier. For EFF, it is especially worrisome that Criteo used a technique that pits privacy protection against user security interests by targeting HSTS. Use of this mechanism was documented by Gotham City Research, an investment firm who have bet against Criteo’s stock.

    In early December, Apple released an update to iOS and Safari which disabled Criteo’s ability to exploit HSTS. This led to Criteo revising down their revenue forecasts and a sharp fall in their share price.

    How is Criteo Acceptable Advertising”****?

    "… w__e sort of seek the consent of users, just like we had done before_."__1_ - Erich Eichmann, CEO Criteo

    _"Only users who don’t already have a Criteo identifier will see the header or footer, and it is displayed only once per device. Thanks to [the?] Criteo advertisers network, most of your users would have already accepted our services on the website of another of our partner. On average, only 5% of your users will see the headers or footers, and for those who do, the typical opt-out rate is less than .2%._" - Criteo Support Center

    Criteo styles itself as a leader in privacy practices, yet they have dedicated significant engineering resources to circumventing privacy tools. They claim to have obtained user consent to tracking based on a minimal warning delivered in what we believe to be a highly confusing context. When a user first visits a site containing Criteo’s script, they received a small notice stating, _"_Click any link to use Criteo’s cross-site tracking technology." If the user continues to use the site, they are deemed to have consented. Little wonder that Criteo can boast of a low opt-out rate to their clients.

    Due to their observed behaviour prior to the ITP episode, Criteo’s incorporation into the Acceptable Ads in December 2015 aroused criticism among users of ad blockers. We have written elsewhere about how Acceptable Ads creates a clash of interests between adblocking companies and their users, especially those concerned with their privacy. But Criteo’s participation in Acceptable Ads brings into focus the substantive problem with the program itself. The criteria for Acceptable Ads are concerned chiefly with format and aesthetic aspects (e.g. How big is the ad? How visually intrusive? Does it blink?) and excludes privacy concerns. Retargeting is unpopular and mocked by users, in part because it wears its creepy tracking practices on its sleeve. Our view is that Criteo’s bad behavior should exclude its products from being deemed “acceptable” in any way.

    The fact that the Acceptable Ads Initiative has approved Criteo’s user-tracking-by-misusing-security-features ads is indicative of the privacy problems we believe to be at the heart of the Acceptable Ads program. In March this year, Eyeo announced an Acceptable Ads Committee that will control the criteria for Acceptable Ads in the future. The Committee should start by instituting a rule which excludes companies that circumvent explicit privacy tools or exploit user security technologies for the purpose of tracking.

    1. http://criteo.investorroom.com/download/Transcript_Q3+2017+Earnings_EDITED.pdf

    https://www.eff.org/deeplinks/2017/12/arms-race-against-trackers-safari-leads-criteo-30

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  • Have you ever sent a motivational text to a friend? If you have, perhaps you tailored your message to an activity or location by saying “Good luck in the race!” or “Have fun in New York!” Now, imagine doing this automatically with a compuuuter. What a great invention. Actually, no. That’s not a good invention, it’s our latest Stupid Patent of the Month.

    U.S. Patent No. 9,069,648 is titled “Systems and methods for delivering activity based suggestive (ABS) messages.” The patent describes sending “motivational messages,” based “on the current or anticipated activity of the user,” to a “personal electronic device.” The patent provides examples such as sending the message “don’t give up” when the user is running up a hill. The examples aren’t limited to health or exercise. For example, the patent suggests sending messages like “do not fear” and “God is with you” when a “user enters a dangerous neighborhood.”

    The patent’s description of its invention is filled with silly, non-standard acronyms like ABS for “activity based suggestive” messages or EBIF for “electronic based intelligence function.” These silly acronyms create an illusion of complexity where plain, descriptive language would reveal the mundane nature of the supposed invention. For example, what the patent grandly calls EBIF appears to be nothing more than standard computer processing.

    The ’648 patent is owned by Motivational Health Messaging LLC. While this may be a new company, at least one of the people behind it has been involved in massive patent trolling campaigns before. And the two named inventors have both been inventors on patents that trolls have asserted hundreds of times. One is also an inventor listed on patents asserted by infamous patent troll Shipping and Transit LLC. The other named inventor is the inventor on the patents asserted by Electronic Communication Technologies LLC. Those two entities (with their predecessors) brought over 700 lawsuits, many against very small businesses. In other words, the ’648 patent has been issued to Troll Co. at 1 Troll Street, Troll Town, Trollida USA.

    We believe that the claims of the ’648 patent are clearly invalid under the Supreme Court’s decision in Alice v. CLS Bank, which held abstract ideas do not become eligible for a patent merely because they are implemented in conventional computer technology. Indeed, the patent repeatedly emphasizes that the claimed methods are not tied to any particular hardware or software. For example, it states:

    The software and software logic described in this document … which comprises an ordered listing of executable instructions for implementing logical functions, can be embodied in any non-transitory computer-readable medium for use by or in connection with an instruction execution system, apparatus, or device, such as a computer-based system, processor-containing system, or other system that can fetch the instructions from the instruction execution system, apparatus, or device and execute the instructions.

    The ’648 patent issued on June 30, 2015, a full year after the Supreme Court’s Alice ruling. Despite this, the patent examiner never even discussed the decision. If Alice is to mean anything at all, it has to be applied to an application like this one.

    In our view, if Motivational Health Messaging asserts its patent in court, any defendant that fought back should prevail under Alice. Indeed, we would hope that the court would strongly consider awarding attorney’s fees to the defendant in such a case. Shipping & Transit has now had two fee awards made against it for asserting patents that are clearly invalid under Alice. And the Federal Circuit recently held that fee awards can be appropriate when patent owners make objectively unreasonable argument concerning Alice.

    In addition to the problems under Alice, we believe the claims of the ’648 patent should have been rejected as obvious. When the application was filed in 2012, there was nothing new about sending motivational messages or automatically tailoring messages to things like location. In one proposed embodiment, the patent suggests that a “user walking to a hole may be delivered ABS messages, including reminders or instructions on how to play a particular hole.” But golf apps were already doing this. The Patent Office didn’t consider any real-world mobile phone applications when reviewing the application.

    If you want to look for prior art yourself, Unified Patents is running a crowdsourcing contest to find the best prior art to invalidate the ’648 patent. Aside from the warm feelings that come from fighting patent trolls, there is a $2000 prize pool.

    Despite the weakness of its patent, Motivational Health Messaging LLC might still send out demand letters. If you receive such a letter, you can contact EFF and we can help you find counsel.

    We have long complained that the Patent Office promotes patent trolling by granting obvious and/or abstract software patents. The history of the ’648 patent shows how the Patent Office’s failure to properly review applications leads to bad patents falling into the hands of trolls.

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