LadyBroadoak Visionary Planetary Healing Tutorial: YouTube Unplugged (and human rights)

March 21, 2008

YouTube Unplugged (and human rights)

As Foreign Governments Block Sensitive
Content, Video Site Must Pick Between
Bending to Censorship, Doing Business

By JANE SPENCER and KEVIN J. DELANEY
March 21, 2008; Page B1

On Sunday, access to Google Inc.'s YouTube inside China was cut off after the Web site was flooded with graphic images from Tibet, including videos of burning trucks and monks being dragged through the streets by Chinese soldiers.

Blocking Western Web sites is routine in China, where the government has tightly controlled the flow of information. But the new YouTube blackout is the latest in a string of clashes between the site and foreign governments in Asia and the Middle East that's forcing the company to grapple with the consequences of its increasingly global reach.

TIBET ON YOUTUBE

Click the images to watch the videos at YouTube.

	Chinese police scatter a crowd of Tibetan protesters in East Tibet. "Tibetan culture is being suppressed," an unidentified Tibetan monk says.
	On March 10, the Tibetan Freedom Movement launches protests around the world. In New York City, supporters gather at City Hall and march to U.N. headquarters.
	A composition of photographs from the Tibetan protests around the world, with the song "Come Home" by the American band, OneRepublic.
	Video taken with a mobile phone of Tibetan protesters gathering in front of a Chinese office in Labrang, Amdo, Tibet, March 15.

Google Chief Executive Eric Schmidt raised the issue in a meeting in Beijing with Cai Mingzhao, vice minister of the State Council Information Office, on Monday, the company said. The Council denied any knowledge of the blockage and promised to investigate, according to Google. On Thursday, YouTube remained inaccessible from China except to users who took extra technical steps to circumvent the ban.

Last Friday, a Turkish court banned YouTube over a clip deemed disrespectful to Mustafa Kemal Ataturk, Turkey's founder. In February, Pakistan briefly banned YouTube because of an anti-Islam video clip posted on the site that the government said was so inflammatory it could spark riots. In the fall, Thailand blocked YouTube after the site refused to remove a video considered insulting to the nation's king. (The clip showed a pair of women's feet -- considered the most offensive part of the body -- above the king's head.) And citizens in a number of other countries, including Syria, United Arab Emirates and Morocco, have reported YouTube outages after sensitive content was posted.

The clashes have implications for YouTube's growth abroad, potentially forcing the company to choose between bending to censorship and losing business opportunities.

"This is a situation that the company and all Internet companies will be facing in many countries with all types of political systems as the Internet matures and millions more people log on," says Robert Boorstin, Google's director of policy communications in Washington. "At all times, our goal is to maximize the amount of information available to citizens around the world."

Nowhere is the issue more pressing than in China -- home to the world's largest population of Web users -- where agreeing to government censorship has been a basic condition of doing business for years. YouTube is still a relatively small player in China, lagging behind homegrown competitors like Tudou.com and Yoku.com. But it has a loyal following among young urban Chinese, who use it to find cutting-edge animation clips from Korea and Japan. Many Chinese also know YouTube as a place to find sensitive clips that have been removed from other Chinese sites.

The site has been blocked in China several times before, including for an extended period in October. That was around the time that YouTube launched a site in Taiwan, the U.S. Congress awarded the Dalai Lama its gold medal and the Chinese Communist Party congress was under way. YouTube has localized versions of its site in Taiwan and Hong Kong, but not one hosted in China itself, a move that would require an Internet-content license from the Chinese government. Google has said it doesn't plan to host user-generated content, such as video, blogs or email, on computer servers in China. Such materials would be vulnerable to seizure by the government if located on servers there.

Google previously grappled with censorship issues in China when it released a Chinese search service in January 2006. At the time, it decided to censor its search results to comply with Beijing's strict limits on access to information, concluding that was better than not offering any regularly accessible service at all. On Thursday, a Google search for "Tibet" and "riots" turned up few results. The same search on Google's U.S.-based English search site produced some 461,000 results.

So far, YouTube is taking a similar approach, despite ongoing debate at Google over the strategy. In Thailand, in order to be accessible, it agreed to block Thai users from seeing clips deemed insulting to the king in violation of Thai law. In Turkey, YouTube has suspended the account of the person who uploaded the Ataturk video, though the site remains banned there. In Myanmar, YouTube was banned after clips of protesting monks appeared on the site. In that case, YouTube declined to remove the clips and remains banned.

Media analysts say YouTube's string of censorship flare-ups -- and the site's sometimes inconsistent responses -- indicate it needs to develop a more transparent strategy for dealing with these issues. YouTube's community guidelines state the site encourages "free speech and defend[s] everyone's right to express unpopular points of view." But the site also reserves the right to remove content it deems inappropriate, which gives it significant discretion when it comes to politically sensitive content.

"We have a delicate balancing act between being a platform for free expression and also obeying local laws around the world," says YouTube spokesman Ricardo Reyes.

YouTube reviews videos when they are flagged by users to determine whether they violate its terms of use, which prohibit such content as graphic violence. YouTube users can appeal the removal of videos, which can trigger a secondary review.

After being alerted by users last month, YouTube removed a video clip that appeared to document abuse of prisoners at a Russian prison camp that YouTube determined violated the site's graphic-violence policy. It eventually restored the video but required viewers to click to consent to watch a clip that "may contain content that is inappropriate for some users." YouTube says its staff hadn't initially been aware that the video was meant to document alleged human-rights abuses.

The stakes are high because material distributed on YouTube is affecting some of the world's most incendiary political situations. "It's actually changed the whole political scenario in Pakistan," says Shahzad Ahmad, an activist with the civil-rights group Bytes for All in Pakistan, who believes the site played a role in the defeat to Pervez Musharraf's party in recent elections.

Google has reached out to the U.S. State Department for assistance with the censorship issue in China, says a person familiar with the matter. The company, along with Yahoo Inc., Microsoft Corp. and others, has been working for more than 18 months with human-rights groups, academics and socially responsible investors to develop a code of conduct for operating in countries that limit free expression and individual privacy. A bill to be considered by Congress would require U.S. companies to provide the U.S. government with details of any compliance with censorship in Internet-restricting countries.

-- Juliet Ye contributed to this article.

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~ What must be done next ~

Website: http://www.MoveToAmend.org Mission: We, the People of the United States of America, reject the U.S. Supreme Court's ruling in Citizens United, and move to amend our Constitution to: * Firmly establish that money is not speech, and that human beings, not corporations, are persons entitled to constitutional rights. * Guarantee the right to vote and to participate, and to have our votes and participation count. * Protect local communities, their economies, and democracies against illegitimate "preemption" actions by global, national, and state governments. Company Overview: On January 21, 2010, with its ruling in Citizens United v. Federal Election Commission, the Supreme Court ruled that corporations are persons, entitled by the U.S. Constitution to buy elections and run our government. Human beings are people; corporations are legal fictions. The Supreme Court is misguided in principle, and wrong on the law. In a democracy, The People rule.

Proposed change to the US Constitution

We the People

I. Powers and Rights Reserved To We the People, Never Delegated or Violated Without Consent

A. The People are expressly defined as human beings and does not refer to corporations or contractual relationships.

B. No contract, agreement, or promise may ever bind any human to refuse to enforce the law, or prohibit them from speaking on matters of public interest.

C. We the People may believe anything, including the possible belief that this Constitution must be discarded and replaced with a superior document which defends the People and protects their power to enforce this Constitution against the Government.

D. The People are educated to apply the lessons of history to ensure rights are preserved, power asserted, and this Constitution is protected from domestic and foreign enemies.

E. The People have the enforceable right and power to review any public document and access any public official.

F. The People have the enforceable right to engage in any speech, communication, or discussion on issues of war crimes, government incompetence, or allegations of reckless government planning and maladministration.

G. Government officials, agencies, departments may not invoke any power or right they have denied to the People.

H. The People have the right to affordable housing. Where none is available, the government is denied the power to prosecute anyone for not living in a home, or residing in a public park, open forest, or public lands.

I. The People have the enforceable right to freely travel, without questions, and without delay. Any law enforcement officer, agents, or contacted security official who uses any ruse, scheme, or deception to engage in pretextual stops shall be enforced as a violation of this Constitution.

J. The People have the enforceable right to compel govenment officials, contractors, and securty personnel to identify themselves, disclose their policies and procedures, and respond to complaints about violations of this Constitution, the Supreme Law, or laws of war.

K. The People may not be subject to any electronic surveillance except on probable cause and a warrant before a judicial tribunal. The President, Congress and others are expressly denied the power to enact, create, use, or rely on quasi-judicial tribunals to self-certify warrants to conduct surveillance.

L. All denied powers to the US Government in this Constitution are reserved to the People to be used to defend the Constitution.

II. Powers and Rights Reserved to States

A. States shall have authority to enforce any law within their jurisdiction. Failure to enforce the laws of war shall be prosecuted as a war crime.

B. States shall, when the Federal Government refuses to enforce the Constitution or Supreme Law, enforce the national and international law against contractors, legal counsel, state or US government officials.

C. Any state may start impeachment investigations or proceedings against the President, Member of Congress, or US government official on issues of international laws of war, domestic rebellion, or violations of the Supreme Law oath of office, or Geneva Conventions. The States shall, upon receipt of an impeachment investigation or conviction from any other state, shall within 10 days debate that resolution. If convicted by 2/3 of the States, that US government official shall be removed from office. Any effort to thwart State efforts to enforce the US Constitution through impeachment investigations or impeachment proceedings at the State level may be construed as a subsequent violation of this Constitution and laws of war.

D. The States may, without notice, organize themselves to collectively defend this Constitution from the domestic enemies in the United States government. The States Governors have the standing power, right, and authority to use deadly combat force to enforce this Constitution against US government officials.

E. A failure of any State official to enforce the laws of war shall be subject to a war crimes trial within 90 days of discovering that evidence. Where there are credible allegations of war crimes, a failure to investigate shall be construed as a subsequent war crime, punishable by the death penalty.

F. States have the power to enforce contract obligations between contractors and the US government which affect the rights of their State citizens. Failure to enforce these contractual obligations against the contractors or US government could be construed as a subsequent violation under the laws of war and US Constitution against legal counsel, state officials, or court officers.

III. Independent Branch

A. All US government, contractor-provided, and legal counsel data shall be retained in an independent branch.

B. The President, Congress, and Judicial branches have no power, right or claim to not fully fund this Independent Branch.

C. The Independent Branch conducts electronic surveillance of the US government, stores that data, and ensures there are independent, safe, retained records of all US government transaction, including conversations and memos between legal counsel and government officials. Once created for the government or connected with any legal or illegal activity, these records are public records.

D. The data may be seen only upon a showing of reasonable belief or suspicion by the United States Congress, Court, or Executive Branch that the information may be useful in enforcing the Constitution, Supreme Law, or Geneva Conventions.

E. Private citizens may view any data, unless the US government provides sufficient, detailed evidence why that request for information should not be met for bonafide, lawful secrets. Any effort to hide evidence behind a claim of "state secrets," where that claim is linked with an effort to bypass the Constitution, oath of office, Supreme Law, or laws of war may be punishable by the death penalty.

F. All government data belongs to the People. Any legal counsel working for the US government shall ensure that the People's right to reliable information is protected. A failure to protect this information could be construed as a war crime.

IV. Prosecutorial Branch

A. All prosecutorial options are denied of the President.

B. The Prosecutorial branch has the power to raise independent combat power, support them, and may lawfully use that deadly combat force to confront Members of Congress, the Judicial Branch Officers, or the Presidents upon showing of probable cause for war crimes.

C. The prosecutorial power is the exclusive power of the prosecution branch. However, anyone may make a claim of illegal activity, and enforce the laws of the United States and States respectively. Any effort to block anyone from unilaterally attempting to enforce the laws of war through discovery, investigation, and open discussion of those alleged war crimes shall be construed as a possible subsequent offense under the laws of war.

D. Legal counsel are subject to public review, audit, and can be required, with fair notice, of a requirement to demonstrate before any court their compliance with the laws of war.

E. Legal counsel may be denied authority to conduct discovery during any investigation when that discovery is linked with efforts that would thwart war crimes investigation, enforcement of the Supreme law or Geneva Conventions.

V. Judicial Branch

A. The Judicial Branch is above the Legislative Branch and Executive Branch only in order of precedence. The Judicial Branch is a co-equal branch, and closest to the People and Constitution. It is least responsive, and most slow to the People's daily interests to enforce the Constitution and Supreme Law or Geneva Conventions.

B. Where the Judicial Branch does not timely enforce the Constitution, Supreme Law, or laws of war, the States and People retain the power and right to investigate and prosecute allegations of US government illegal activity, war crimes, or violations of the Supreme law.

C. All precedents under the laws of war are binding on the Judicial Branch, US government, and the People through enforcement actions.

D. Any decision by any judicial officer not to fully enforce the laws of war, Supreme Law, or this Constitution may be construed as a war crime, subject to the death penalty.

VI. Legislative Branch

A. The Legislative Branch is listed after the Judicial Branch because it is less responsive to the People.

B. The Members of Congress may be stopped between sessions and held to account for their failure to enforce the laws of war.

C. Refusing to investigate or impeach the President, Judicial Officers, or any current or former US government official for alleged war crimes, maladministration, illegal warfare, or other crimes against the People, States, or US Government shall be prima facie evidence of an intent to not fully assert ones oath of office, and punishable by the death penalty under the laws of war.

D. There are three chambers to the Congress. The Senate and House have a legal duty to fully enforce the laws. Any decision to not timely review evidence of impeachable offenses, or not investigate war crimes or maladministration could be construed as subsequent offenses under the laws of war.

E. The Superior Chamber shall decide, before any debate, whether the proposed bill is or is not Constitutional. This determination is subject to approval, challenge, and rejection by the People, States, and Judicial Branch.

F. The Congress is denied the exclusive power to make rules. Any rule which prohibits any investigation into alleged malfeasance in re the laws of war, Supreme Law, or oath of office is illegal, and may be construed as a subsequent offense under the laws of war.

G. The Congress shall comply with public audits, and timely provide within 45 days of an audit report a statement of remedy, and outline a plan within 90 days to fully comply with all legal obligations under the Statute, Supreme Law, oath of office, and laws of war.

H. The Congress may raise and support an army, and independently order that army only against the President when the President refuses to enforce the laws of war, or comply with his legal obligations under this Constitution.

VII. Executive Branch

A. The Executive Branch is led by three Presidents, co-equal with non-overlapping jurisdictions. The Executive Branch has one power: Executive Power. All actions taken under that one power are lesser authorities not powers. The Executive Branch has no power to create new powers or assign itself broader power.

B. The Executive Branch is listed last because it is the least responsive to the People, and the greatest threat of tyranny to this Constitution. The President is a clerk, not a King or Emperor. The President only manages programs. The President has no power to ignore, rewrite, or refuse to enforce the law. Each of the three Presidents shall have an ongoing requirement to demonstrate to the People and States and Congress and Courts compliance with the Constitution, Supreme Law, oath of office, and laws of war.

C. The Domestic Affairs President is responsive to the States and US Government on internal affairs.

D. The Foreign Affairs President shall have exclusive power to interact with foreign powers. The Foreign Affairs President is denied any power to violate the laws of war, or use covert activity against American citizens.

E. The Executive Branch, Congress, Judiciary, and Foreign Affairs President are denied the power to thwart any lawful State action to organize with foreign powers and agents to defend the US Constitution, enforce the laws of war, or protect the rights and powers of the People and States against domestic encroachments by the US government, legal counsel, or other US government officials.

F. The Commander in Chief shall only have power to lead combat operations during war time. Congress shall conduct ongoing, public reviews whether the Commander in Chief is or is not competent in managing combat operations. The Presidents and Commander in Chief are denied the power to prohibit Congress from using electronic surveillance or use separately raised and supported armies to conduct this oversight during wartime and peacetime.

G. The Executive Branch is denied the power to block anyone from getting access to illegal activity related to the laws of war.

H. During Peacetime, the Commander in Chief shall periodically cooperate with ongoing Oversight of US combat forces to ensure they are combat ready, fully trained on the laws of war, and prepared to lawfully be used to defend the Constitution against foreign and domestic enemies.

I. The Executive Branch and Presidents and officers, agents, contractors, and personnel are denied the power, right, or authority to order anyone to ignore any statute, law, legal requirement, or obligation under the Constitution.

J. The Executive Branch has no power or authority to directly contact the Legislative Branch by name. The President may only request, not order other branches of government. All Communications between the Executive and Legislative Branch shall pass through the Prosecutorial Branch, and retained in the National Archives. Those records are available for public inspection at any time. The People have the enforceable right to compel the Executive Branch, Legislature, and Judicial Branch to produce documents.

K. The Executive Branch, Congress, Judicial Branch, and Prosecutorial Branch, and States are denied the power to wage warfare, information warfare, or harass American civilians through his agents, combat troops, or third parties in the United states or from overseas. Any funds used for this illegal purpose belong to the People and States. Contracts used to enforce, compel, or organize this illegal activity are not enforceable, and contrary to public policy.

L. The Presidents are denied a presumption of competence until proven. The President shall always have the burden of proof, and is expressly denied a presumption of good faith until demonstrated with overwhelming evidence in public. An election result is not proof of competence nor does it satisfy a presumption of good faith, only of mastery to win an election through legal or illegal methods and deception.

M. The Executive Branch and Presidents and subordinate agency head, contractor, and employees are expressly denied any assurance any conversation he has related to illegal activity, war crimes, unlawful acts, or other threats to the US Constitution shall remain secret behind any shield, scheme, agreement, or technology. Any order a President or anyone gives to anyone to hide, destroy,not provide, or conceal evidence of illegal activity may be construed as a subsequent war crime, punishable by the death penalty. This restriction against following illegal orders may not be bypassed by claiming the order was from a non-person, electronic device, or other non-Constitutionally recognized entity, database, policy, guide, or other document.

N. The Presidents are denied the power to use any combat force, technology, or other military weapon or plan against American civilians, except in cases of internal rebellion which only the Congress shall approve in writing. When the Congress fails to act, or abuses its authority, the State Governors may lawfully use deadly combat force to detain and enforce the laws of war prohibiting illegal use of force against American civilians.

O. The Presidents are denied the power to induce any civilian to take any action that might deny them on any Geneva protections as a civilian. Any order, ruse, scheme, propaganda, or unreliable information to induce anyone to wage war, information warfare, or any action to harass civilians is punishable by the death penalty, and may be enforced as a violation of the laws of war.

P. The President, when delegating any power to any agency head, agrees that that agency shall be organized as if it were a separate, lesser, and not coequal branch. Those agencies shall fully cooperate with the other branches of government to ensure power within the branch or department is divided. There is no single agency, division, or office in the Executive Branch that is beyond ongoing oversight by the other four branches.

Q. The President shall have no power to block the Congress, States, Judiciary, Prosecutorial, and Independent Branch from a having co-equal status to oversee, manage, and organize that lesser branch. If the President refuses to substantially comply with that requirement, Congress may not lawfully provide funding for that agency, and the funds return to the States and People.

LadyBroadoak Visionary Planetary Healing Tutorial

March 21, 2008

YouTube Unplugged (and human rights)

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