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Category Archives: Law

The International Criminal Court – Fact of Fiction

The International Criminal Court – Fact of Fiction

Currently, Palestine has before the International Criminal Court, a complaint filed on behalf of the Palestinian people, against the State of Israel for war crimes committed during last years war on the people of Gaza. Having been an eye-witness to this war remotely through distributed real-time streaming video cameras throughout the conflict zone I strongly feel it is justified.

The question here is not about Palestine, or Israel, or the definition of war crimes, it goes more to the credibility of the International Court, to bring about meaningful justice to those found guilty. Israel is not a member of the ICC, nor is the United States, who by all rights and purposes, is as well complicit in these crimes, as they willfully supported the war with weapons, support and financial aid. Other nations may also be at risk complicity, for doing the same, who may or may not be a signatory member of the Rome Statute that created the ICC.

This of course brings to bear the question of outside pressure being born to the ICC to facilitate stifling whatever agenda, outside of International law, demands. Including subversive tactics to prevent the legal wheel from turning. This then becomes the focal point of this concern. How can we insure the ICC is a viable and credible source to seek justice on the International stage. How do we prevent any outside interference from non-member states from influencing the Court?

The picture shown is of the UN school in Gaza being bombed by Israel with white phosphor weapons. The effect was devastating and killed many innocents sheltered within from the war. There is no question the rule of law was broken. How to enforce same is problematic. This becomes a serious question as to what exactly the ICC can do when non-member states refuse any legal action by the ICC. Without an enforcement unit to see that justice is carried out regardless, it then begs the question as to it’s viability as a world court.

Pressure on the United Nations to address this issue falls into the same situation with the veto power of non-member states and their proxies sitting on the UN Security Council. Again we encounter the credibility of the UN to prevent further crimes against a member state who is engaged in internationally recognized criminal activity. This is an enormous failure on the world body to prevent unjustified humanitarian grief for which it was originally charted to do when formed.

If the UN and the ICC are to remain legitimate entities to solve world issues by the rule of law, things must change drastically. or what’s the point. There would be absolutely no recourse but war. A war no one wants, and could be prevented from, if the UN and ICC were capable of performing their chartered duties uninfected by negative agendas. If the actors are not held accountable for their actions before a court of law the recourse is war or capitulation, and neither of those is acceptable in the 21st century.

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S968- Blacklist Bill or Protect IP Act 2011

in its entirety – http://www.opencongress.org/bill/112-s968/text

This bill, which has been floundering around the halls of Congress since last May is on the Senate floor after being ripped apart and added to in the Judiciary committee. The original bill was intended to stop the commercial fraud artists on the net from doing business in the US. Mr. Leahy had good intentions to protect the consumers in the US unfortunately what came out of the Committee on the Judiciary was 3 times larger with a good deal of nonsense involved.

H.R. 3261 – Is the House bill of similar content as the Senate bill with the added caveat that legal proceedings get tossed out the window. It in its entirety, is something that will not get through the first vote.

How do I know this one may ask. Well the simple fact of the matter is the 1% are against it, and, the Senate version. Both bills are doomed because of excess. Not to mention the public outcry against both bills. Mr. Obama who is gung-ho for a free and open Internet would look like an idiot if he signed such a thing considering his recent speech on countries suppressing the Internet. But, he plays golf while the country burns down .. anything is possible with that guy.

It is obvious that the Internet folks are hand wringing over the whole thing judging from the amount of text floating around on the sea. I fail to see why the panic. But then again, I know things you don’t .. heh.

We see already the push back to a government request to Firefox to eliminate the MafiaAFire Re-Director. Firefox pretty much said “Stuff it” Go figure open source guys .. gotta love em. Any suppression of open source programming by anyone get’s these guys riled up. A riled up programmer is what we want. They tend to get quite creative when that happens. Something the government seriously overlooks.

The focus in both bills is in the controlling of name servers. Cute little servers that translate your http://www.mypage.com to it’s real IP. Pesky little devils if not nuclear hardened to ISP’s. The thing about DNS servers is they are easily fooled. Which makes the whole exercise in control of them uninspired. So you kill http://www.mypage.com, 10 minutes later http://www.mypage2.com comes to life or one of its many mirror sites, if your clever enough. I know of one site that has been shut down probably 300 times since I have been aware of it. Usually it is only down for the time it takes to re-propagate the dns servers.

Currently in the open-source world of things a new technology other than DNS is under development. It has a lot of promise and I expect a finalization of the technology scheme in the coming months. Neither bill can prevent this from happening as such a scheme is the next generation of server protocols for the Internet. That cannot be legislated as it would break many laws already in effect that promotes Internet growth and development.

The other big obstacle facing this trash to be put into law is in the policing duties. That is being thrown onto the ISP’s shoulders. That costs money. The 1% that own such things will not want the bottom line disrupted. Hence .. more lawsuits impending.

To sum all this mess up and try to alleviate the hand wringing going on, Pirate Bay will not be shuttered nor will Firefox fold under pressure. These things are not law .. yet. If they do become law the courts will have it tied up for quite sometime.

In the event this trash does becomes an implemented law rest assured, the underground of the Internet will counter it in some manner. The Internet will always be open and free, even to the morons selling phony shit to unsuspecting idiots. It is up to all of us to police the net from such websites. We don’t need a law to do it and we don’t need an ISP to interfere with our choices of where we want to go on the net either.

You get ripped off by a website selling phony crap or drugs (very big these days) then you didn’t learn your Internet lessons from us. Never buy anything you cannot touch and feel from an untrusted website. Do the homework on the site. If they ripping folks off, someone will have a blog about it. If all else fails .. we are on Twitter. Tell us. We don’t play with silly DNS servers.

We are the Ships Captains. We run silent and deep. Respect us or expect us.

-=CV=-

 
 
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