Civil Disobedience of Copyright Keeps Science Going

1 week 4 days ago

Creating and sharing knowledge are defining traits of humankind, yet copyright law has grown so restrictive that it can require acts of civil disobedience to ensure that students and scholars have the books they need and to preserve swaths of culture from being lost forever.

Reputable research generally follows a familiar pattern: Scientific articles are written by scholars based on their research—often with public funding. Those articles are then peer-reviewed by other scholars in their fields and revisions are made according to those comments. Afterwards, most large publishers expect to be given the copyright on the article as a condition of packaging it up and selling it back to the institutions that employ the academics who did the research and to the public at large. Because research is valuable and because copyright is a monopoly on disseminating the articles in question, these publishers can charge exorbitant fees that place a strain even on wealthy universities and are simply out of reach for the general public or universities with limited budgets, such as those in the global south. The result is a global human rights problem.

This model is broken, yet science goes on thanks to widespread civil disobedience of the copyright regime that locks up the knowledge created by researchers. Some turn to social media to ask that a colleague with access share articles they need (despite copyright’s prohibitions on sharing). Certainly, at least some such sharing is protected fair use, but scholars should not have to seek a legal opinion or risk legal threats from publishers to share the collective knowledge they generate.

Even more useful, though on shakier legal ground, are so-called “shadow archives” and aggregators such as SciHub, Library Genesis (LibGen), Z-Library, or Anna’s Archive. These are the culmination of efforts from volunteers dedicated to defending science.

SciHub alone handles tens of millions of requests for scientific articles each year and remains operational despite adverse court rulings thanks both to being based in Russia, and to the community of academics who see it as an ethical response to the high access barriers that publishers impose and provide it their log-on credentials so it can retrieve requested articles. SciHub and LibGen are continuations of samizdat, the Soviet-era practice of disobeying state censorship in the interests of learning and free speech.

Unless publishing gatekeepers adopt drastically more equitable practices and become partners in disseminating knowledge, they will continue to lose ground to open access alternatives, legal or otherwise.

EFF is proud to celebrate Open Access Week.

Kit Walsh

【辺野古新基地建設①】地盤改良工事が長期中断 頓挫の可能性も=北上田 毅さん寄稿(沖縄平和市民連絡会)

1 week 4 days ago
          大浦湾には6月初めまで、作業船がひしめいていたが‥‥ 辺野古新基地建設事業は、2014年の着手から、すでに11年が経過した。当初の埋立承認申請では、「工事期間5年」、「施設建設5年」とされていたから、本来なら今頃は、米軍の運用が始まっているはずだった。ところが、大浦湾海底部にマヨネーズのような軟弱地盤が拡がっていることが判明し、地盤改良工事が必要となった。そのため、防衛局は設計変更を申請。知事は不承認としたが、国土交通大臣が知事に代わって承認(代執行)し..
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EFF Backs Constitutional Challenge to Ecuador’s Intelligence Law That Undermines Human Rights

1 week 4 days ago

In early September, EFF submitted an amicus brief to Ecuador’s Constitutional Court supporting a constitutional challenge filed by Ecuadorian NGOs, including INREDH and LaLibre. The case challenges the constitutionality of the Ley Orgánica de Inteligencia (LOI) and its implementing regulation, the General Regulation of the LOI.

EFF’s amicus brief argues that the LOI enables disproportionate surveillance and secrecy that undermine constitutional and Inter-American human rights standards. EFF urges the Constitutional Court to declare the LOI and its regulation unconstitutional in their entirety.

More specifically, our submission notes that:

“The LOI presents a structural flaw that undermines compliance with the principles of legality, legitimate purpose, suitability, necessity, and proportionality; it inverts the rule and the exception, with serious harm to rights enshrined constitutionally and under the Convention; and it prioritizes indeterminate state interests, in contravention of the ultimate aim of intelligence activities and state action, namely the protection of individuals, their rights, and freedoms.”

Core Legal Problems Identified

Vague and Overbroad Definitions

The LOI contains key terms like “national security,” “integral security of the State,” “threats,” and “risks” that are left either undefined or so broadly framed that they could mean almost anything. This vagueness grants intelligence agencies wide, unchecked discretion, and fails short of the standard of legal certainty required under the American Convention on Human Rights (CADH).

Secrecy and Lack of Transparency

The LOI makes secrecy the rule rather than the exception, reversing the Inter-American principle of maximum disclosure, which holds that access to information should be the norm and secrecy a narrowly justified exception. The law establishes a classification system—“restricted,” “secret,” and “top secret”—for intelligence and counterintelligence information, but without clear, verifiable parameters to guide its application on a case-by-case basis. As a result, all information produced by the governing body (ente rector) of the National Intelligence System is classified as secret by default. Moreover, intelligence budgets and spending are insulated from meaningful public oversight, concentrated under a single authority, and ultimately destroyed, leaving no mechanism for accountability.

Weak or Nonexistent Oversight Mechanisms

The LOI leaves intelligence agencies to regulate themselves, with almost no external scrutiny. Civilian oversight is minimal, limited to occasional, closed-door briefings before a parliamentary commission that lacks real access to information or decision making power. This structure offers no guarantee of independent or judicial supervision and instead fosters an environment where intelligence operations can proceed without transparency or accountability.

Intrusive Powers Without Judicial Authorization

The LOI allows access to communications, databases, and personal data without prior judicial order, which enables the mass surveillance of electronic communications, metadata, and databases across public and private entities—including telecommunication operators. This directly contradicts rulings of the Inter-American Court of Human Rights, which establish that any restriction of the right to privacy must be necessary, proportionate, and subject to independent oversight. It also runs counter to CAJAR vs. Colombia, which affirms that intrusive surveillance requires prior judicial authorization.

International Human Rights Standards Applied

Our amicus curiae draws on the CAJAR vs. Colombia judgment, which set strict standards for intelligence activities. Crucially, Ecuador’s LOI fall short of all these tests: it doesn’t constitute an adequate legal basis for limiting rights; contravenes necessary and proportionate principles; fails to ensure robust controls and safeguards, like prior judicial authorization and solid civilian oversight; and completely disregards related data protection guarantees and data subject’s rights.

At its core, the LOI structurally prioritizes vague notions of “state interest” over the protection of human rights and fundamental freedoms. It legalizes secrecy, unchecked surveillance, and the impunity of intelligence agencies. For these reasons, we urge Ecuador’s Constitutional Court to declare the LOI and its regulations unconstitutional, as they violate both the Ecuadorian Constitution and the American Convention on Human Rights (CADH).

Read our full amicus brief here to learn more about how Ecuador’s intelligence framework undermines privacy, transparency, and the human rights protected under Inter-American human rights law.

Paige Collings

【Bookガイド】10月の“推し本”紹介=萩山 拓(ライター)

1 week 5 days ago
 ノンフィクション・ジャンルからチョイスした本の紹介です(刊行順・販価は税別)◆今尾恵介+金田章裕『地図と読む 日本の街道』帝国書院 10/9刊 1800円日本各地にある街道の地理的、歴史的な変遷をたどる道案内。古代から残る街道、江戸時代に整備された街道、鉄道開通後の近代の街道…など、時代ごとに解説する。 地図や地理関連の本を多数執筆する著者ならではの視点で読み解く一冊。〓著者の今尾氏は1959年横浜市生まれ。地図研究家。現在、地図情報センター評議員を務める。地図や地形、鉄道..
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