By the PeerGuardian.net News Team

CodeWarrior is a pro-privacy activist who has campaigned against the power of RIAA and other organisations to monitor our communications. He is part of the site Boycott-RIAA.com and has drafted a new act that would repeal the DMCA and return freedom of speech and information to the United States.

In this exclusive interview at PeerGuardian.net, CodeWarrior talks of the fight against RIAA and other orgs, and also about the aspects of freedom that we take for granted that may yet be taken from us.

This article is part of a new series of articles at PeerGuardian.net that will be aimed to further increase our knowledge of the industry, and the problems that we face in online privacy in particular.

We hope that you find this article to be both interesting and informative.

Thanks,

JFM
PeerGuardian.net News Team

Questions written by the_dial_up_boy and JFM, apart from the user submitted questions.
Thanks to zippythechipmonk, seraphielx, cyberbork.tk who helped to create these questions from their input.

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PeerGuardian.net News Team
Well, to start off Codewarrior, our users already know of the problem of copyright restrictions and the legal action of organisations such as The Recording Association of America against ordinary people, but can you tell us exactly what is happening, in your opinion?

CodeWarrior
“I believe that there are several factions who are finding common cause with the RIAA.
and there are elements of the American government, who want more reasons to survey citizens and are using the copyright infringement situation as a reason to do this.
So, there is the RIAA wanting control of the digital music distribution channel, and the government just seeking control period.”

PeerGuardian.net News Team
Is this problem restricted to just RIAA? We have already heard recently about the Motion Picture Association of America working towards a similar action, with "steps" taken against a Mr Adam Moss for sharing videos in a university chat room, but are any other companies jumping on the bandwagon, so to speak?

CodeWarrior
“There is current legislation sponsored by Diane Feinstein, Sen. of California, and John Cornyn, Sen. of Texas who are pushing legislation that would make it a felony, with up to five years in prison, for having an unreleased movie on your hard drive. I believe the MPAA has been laying back, waiting to see how well the RIAA lawsuits would go over.”

PeerGuardian.net News Team
You work for the site http://www.boycott-riaa.com/ and have been investigating the legal implications of laws such as the Digital Millennium Copyright Act. What inspired you to undertake this challenge?

CodeWarrior
“I believe that I saw the lawsuits as a direct threat to individual rights and liberties, and saw the DMCA was being used to violate rights in ways that normal law enforcement could not/ should not. I felt someone had to take an aggressive stance against them.”

PeerGuardian.net News Team
So what does the site stand for? Does it have particular values that it believes?

CodeWarrior
“Boycott-riaa stands for freedom, and for consumer rights. We feel that there needs to be a level playing field established for independent musicians and for major label artists.
We are both for musicians, and for fans. We believe copyright reform is essential to make things more fair for everyone.”

PeerGuardian.net News Team
Can we help? Can just anyone make a stand?

CodeWarrior
“I think we all have a duty to fight for our rights. This is not just a problem for the USA, for the UK, or Germany or Sweden. This is an international fight for freedom and for our rights as digital consumers.
PeerGuardian is an essential part of this fight by helping to block attacks by the mercenary companies.
Each act of individual defiance, is an act promoting freedom for all.”

PeerGuardian.net News Team
Would you say that you believe in the "freedom of music and information"?

CodeWarrior
“Yes, but that term means different things to different people. I've had discussions with high placed record executives who think that file sharing is outright theft. People on the Internet have come to look for everything to be free. Free information has become something that is the standard and not the exception.
This has made it difficult for many people to make money through online ventures, websites, etc. So, although there are many people who see the Internet as a giant communications and entertainment venue of free files, there are others who are trying to establish a new business model, to have things like micro-payments applied from everything from website access to music downloads.
So, you have two communities that are essentially at cross purposes, one trying to make a buck from providing content and another, who feel offended that someone wants money for that content.
Ultimately, there has to be a source of income to pay for bandwidth, servers, etc., and I think we will see more sites starting to demand payment for use.
It's the library versus book store battle.
Are the books free to read and use, or do you have to pay first?”

PeerGuardian.net News Team
But if one persons interests interfere with the human rights of another person, surely they cannot be just accepted as a point of view?

CodeWarrior
“Exactly. Ultimately, we have to place prime importance on things like privacy, even if means doing so at the expense of online commercialism. Free speech and personal liberties are always more important than making a profit!”

PeerGuardian.net News Team
Of course we must not forget your creation of what you would call the "Digital Consumer's Rights And Protection Act". The legal research that you have put into this text is really quite amazing. Can you explain to our users what this act would entail?

CodeWarrior
“Thank you. The act involves establishing basic rights for digital consumers which would, in many ways, find a digital parallel to the rights we have in the States under the Home Audio Recording Act of 1992, which allows copying of audio and video for private, non-commercial, personal use. It also would repeal the DMCA and provides for penalties for those people who would violate the privacy of the individual, by hacking into their computer.
It is like a Digital Bill of Rights for the consumer.”

PeerGuardian.net News Team
Do you envisage there will be great difficulty in convincing governments of the world to accept this act, or acts similar to it?

CodeWarrior
“Yes. The reason is that the big money interests have several key politicians who are voting their way and there is a vested interest in maintaining the status quo. Also, once a bill or Act becomes law, like the DMCA, it is very hard to roll back that draconian legislation. The Volstead Act (Prohibition) is a notable exception.
It will take overwhelming national pressure to change things.
That being said, we have to try.”

PeerGuardian.net News Team
The Volstead Act? What, briefly, is that?

CodeWarrior
“That is the name of the Act which was passed in the States that prohibited the general sale and usage of alcohol commonly known as "Prohibition". It was repealed because most of the country was violating it.”

PeerGuardian.net News Team
Like the gangster films wink.gif

CodeWarrior
“Yup, the national spread of organized crime in the States only became possible because of Prohibition. Until then, organized crime was localized mainly in sections of New York
Sorry to get off track.
But, there is a kind of similar situation in which millions trade copyrighted files, even though there are laws against it and like with Prohibition, it is impossible to go after everyone. smile.gif”

PeerGuardian.net News Team
If the United States government DID accept this act, then won't this provide precedent for other countries to adapt this law? If it did then could we have great hope for the continued freedom and rights of computer users?

CodeWarrior
“We are in a different era, and now, there is this globalist movement. Although I try to remain optimistic, I think we ALL have many reasons to fear the rise of governmental organizations who are secretly tapping your phone conversations, grocery purchases, email communications and other actions. The term dataveillance is growing in usage, which refers to the use of data collected about these different actions and communications to track individuals both in the real world, and on the net. This loss of personal privacy is something we all must be very concerned about in my opinion. We are moving into a cyber-world in which anonymity may become a thing of the past.”

PeerGuardian.net News Team
But what if we fail? Could we?
What if the worst case scenario came about? What if corporations and governments could control what we listen to and read? Freedom of speech but only if you follow these rules.

CodeWarrior
“It's a scary nightmare world, and it really concerns me a great deal. Here in the States, in many places, there are cameras being placed on roadways, in neighbourhoods, in parking lots, and I believe the same is happening in the UK isn't it?”

PeerGuardian.net News Team
Yes it is. In most of the world.

CodeWarrior
“Privacy is part of freedom. The question is, does the government have a legitimate use or reason to track everything we say or do, everything we buy, listen to every intimate conversation. It's the nightmare world of science fiction, but we can't turn it off, or leave the theatre.
They are now talking about putting tracker chips, RFIDs in all kinds of products here in the States. Under the guise of fighting terrorism, our rights are being eroded daily.”

PeerGuardian.net News Team
Moving towards this nightmare world, we have been reading about the possibility of Jail Terms for file-sharers from the Free Trade Area of the Americas? Do you believe this could succeed?

CodeWarrior
“Absolutely. It is very easy to implement these kinds of things, because they get passed without fanfare and, this would effect the whole western hemisphere. Look at how they are "managing" the current protests in Miami this week. They are arresting protesters, beating them, and trying to keep it out of the public consciousness. I've heard that some protesters were arrested on their way to protest.
The Patriot Act makes wholesale violation of personal rights easy. All they do is declare you to be a "terrorist".”

PeerGuardian.net News Team
Sorry to be so negative, but I imagine many people will be worried for their safety and privacy.

CodeWarrior
“It's not negative, it's being realistic. There are lots of people here in the states, and I am not kidding you about this, who are afraid to write emails, talk on the phone, or express their opposition on bulletin boards, for fear of being targeted by the FBI, Homeland Security, or other government organizations.
If I may, let me reference one site in particular. Cryptome.org is run by a man named John Young. He has had the site up for seven years. The other day, two FBI agents made a visit to his home to"have a little talk with him". They acknowledged nothing on his site was illegal, but asked a lot of questions about the funding of his site, who visits his site, etc..
Mr. Young said that it was clear to him, this was an attempt at intimidation. The agents told him that he was to report any "gut level" feelings that someone may be going to use information from his site to endanger the United States.
Mr. Young advised them he was going to publish their names on his site and the fact they paid this little visit to him. They were pretty upset at him, and now, he has placed a freedom of information act request with the FBI to find out everything they are keeping in a file on him.
There is the real fear here that if you become visible, speak out and oppose the government, that a "file" will be opened up on you, and you will be watched and monitored. Is this really a free nation if people live in this kind of fear?

My point is that we are already heading down that dark road.”

PeerGuardian.net News Team
I must admit that some of that shocked me, but back to the issue in hand.
What do you think is needed in order to join the efforts of European and US file swappers,
considering that most countries in the European Union have approved the new draconian laws, where it is a crime to make just one copy of music CDs?

CodeWarrior
“In Australia it is illegal to make a copy of a music CD you legally own. In the US, it is legal to do that. The DMCA is just a reflection of WIPO guidelines. The fact is that there is no standardization. What is illegal in the US, may be legal in Finland.
What is interesting is a recent case in which a company called GameSpy tried to use the DMCA against a gentleman living in Italy and whose site is registered in Italy.
The DMCA is an American law, and not binding on Italy. Since the Internet crosses international lines I think this is one reason for these multinational intellectual property laws they are pushing. Like the EUCD, FTAA, etc.”

PeerGuardian.net News Team
Why do you think that people use file sharing systems? Is there a specific problem with the media industry at large?

CodeWarrior
“Very excellent question. File sharing systems become like digital libraries. You can find any kind of file almost, and access it for free. Big media has tried to monopolize entertainment, and has forgotten about content. People are seeing overpriced music CDs with one or two good songs, and the rest are just filler of poor quality.
A lot of the time, they don't have a clue what most of the songs on a CD sound like, and there is a feeling that when they pay 15-20 bucks, and get a rotten product, that they have been ripped off.
Also, the big labels have acted in many ways to take advantage of their position, and keep independent new artists, from getting the kind of level playing field, and exposure that will allow them to gain a larger following.
Monopoly decrease diversity, and encourages banality.”

PeerGuardian.net News Team
What about alternatives to CDs? We recently heard about how iTunes were sending all their money to RIAA, and making their revenue from their iPod sales – is this another form of unfair competition?

CodeWarrior
“Well, we are seeing all kinds of companies announce download services. WalMart has announced it will be selling tunes at a dollar a piece, and even Microsoft apparently will be getting into this business. But. with licensing, it is still feeding the RIAA.
And, of course, you may have heard MP3.com is closing, which was one of the better places to get independent music content. CNet is going to just delete the files after December 2nd I believe.
One of the better sites though, for indie music is dmusic.com."

PeerGuardian.net News Team
Why DO RIAA and other companies care so much about file-sharing? Is their story true – that they have lost money directly from music piracy, or is it because of a deeper reason, such as the fear of lost power, perhaps?

CodeWarrior
“I think you have hit the nail on the head. They feel as if they are losing control.
It is clear that digital distribution is the coming means of buying and distributing music. The RIAA labels have hung onto the old business model of selling round plastic discs. They know that digital distribution channels are the coming thing and are trying to destroy P2P as competition to the services which they get money from.”

PeerGuardian.net News Team
CD sales in the UK went up by 7% in the UK last year, yet the British Phonographic industry are claiming that pirates are taking all their money. Why do you think they say this?

CodeWarrior
“First off, I really find it hilarious that they have this aversion to telling the truth. We are talking about copyright infringement, and yet they never use this word.
I think they lie in order to avoid telling the truth, which is that people are getting tired of being fed crap instead of good product.”

PeerGuardian.net News Team
Is this type of statistic common, where an organisation will attack P2p while not actually losing money? Often they lose money, but in lower percentages to most other companies.
We are in a recession after all.

CodeWarrior
“I would certainly like to see some sort of government audit of the industry. For example, there is the ISRC, which is an International Sound Recording Code. It makes audits, and figuring royalties much easier.
Why is it, that in spite of the ISRC being a standard means of keeping track of recordings and identifying them that the RIAA is not using this method?
I don't think their industry wants an honest accounting of where the money is going.”

PeerGuardian.net News Team
So what do you think of our effort in this project, and what is your opinion on blocking big business from our machines.
from seraphielx

CodeWarrior
“Great question, and I want to acknowledge all the folks at Methlabs, PeerGuardian and especially Seraphiel for working so hard at trying to stop these mercenaries from violating our privacy.
To me, PeerGuardian is for our electronic privacy, as the Bill of Rights was to privacy in the 19th century.
We all owe a debt to you guys.”

PeerGuardian
Are we doing all we can in our fight to bash the RIAA and other companies?
from seraphielx

CodeWarrior
“I think that PG is certainly doing all they can. I think if everyone in the US were working half as hard as the people at PeerGuardian, we would be farther along on the road to digital freedom.
We need to continue educating the public, in the US, UK, and all countries.”

PeerGuardian.net News Team
As this is being posted on PeerGuardian.net, it would have been rude for me not to ask that one. smile.gif
Some people claim its illegal (out of fear?) but can't we all claim a legal right to deny connections to our computer?

CodeWarrior
“Our computers have in some respects, become our virtual homes, and also, conveyances into the outside world. Here in the US, there is a federal law that makes it a crime for anyone to gain unauthorized access to a network storing electronic communications, and that's what your PC is.
The law can be found at USC TITLE 18, Part 1, Chapter 121, Sec. 2701.”

PeerGuardian.net News Team
The International Federation of the Phonographic Industry (IFPI), is financing anti pirate organisations, created ad hoc by managing directors in universities , postal police and private companies.
One big example is the APG in Denmark (On which PeerGuardian.net will soon have an exclusive article). Here a Nazi method is used,
stealing your pc after tracing your IP from a p2p connection, and getting your private info from your ISP. This is similar to the tactics Hitler used in order to find enemies of the Fuhrer, yet we live in a democratic world. Is this common?

CodeWarrior
“Yes. I am not sure how common that is but, getting your IP info from your ISP is how the RIAA knows who to sue of course. I like that Hitler reference because of course, this is like 21st century Nazism.”

PeerGuardian.net News Team
Isn't the whole problem we face based around the definition of rights – what is really yours, what should be private and what should be public?

CodeWarrior
“Of course, and you hit the nail on the head. The fact is, technically, that every time a web page is loaded by a private individual without prior express permission from the copyright holder, a technical violation of the DMCA occurs, because you copy all that material to your hard drive without permission, thus, a copyright violation under the DMCA.”

PeerGuardian.net News Team
As with many other things in the Internet, and indeed the world, there is a conflict between works of the community (for its own benefit) and private works (for the benefit of an individual or shareholders)?

CodeWarrior
“I agree. An excellent way of putting it. And thus, the conflict between "free" and "for profit" content.”

PeerGuardian.net News Team
Isn't this just the same argument that has been levelled at our society for generations – where capitalistic and democratic values collide?

CodeWarrior
“Very apt observation, and there is a delicate balance, a homoeostasis which must be arrived at. Unfortunately, multinational capitalists, often win.
There is a saying that epitomizes this: Money Talks and BS Walks.
Unfortunately, as big money and government act in concert, the little man feels out gunned.
There is strength in numbers.
It has been said God must love the simple folk, for he made so many of us smile.gif”

“May I ask the interviewer something?”

PeerGuardian.net News Team
Sure

CodeWarrior
“Are you optimistic that freedom fighters will prevail, or the forces of repression?”

PeerGuardian.net News Team
I am optimistic, but sometimes it is hard to see why. We are all in the same battle here.
Freedom of speech is freedom of thought. And it is freedom of thought that makes us human.

CodeWarrior
“Exactly, and PeerGuardian.net empowers and enables us. We need this kind of nexus to give us solidarity.”

PeerGuardian.net News Team
Thank you for your answers CodeWarrior, I hope you continue to be successful in your fight for privacy.

CodeWarrior
“I see it this way. When the lion chases the gazelle it is just chasing a meal.
The gazelle is running for its life. This fight is about our freedom and our lives, and we will, we MUST win!”

PeerGuardian.net News Team
Many thanks. Now I really have to get some sleep! tongue.gif

CodeWarrior
“Me too. I sincerely enjoyed this.”

End