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general internet news - December 9
Hi all
First, there are a number of research papers for those
who are interested in more academic papers in the news
today.
And second, as I mentioned in the domain name news and
for those who only read the general internet news,
it's getting towards the end of the year, and I'm keen
to get feedback on the news - what you like, dislike,
new ideas, issues I don't cover, issues I cover too
much.
Largely due to some extra clients, I have kept
developing the news, so while it has grown, it has
also covered a wider range of news issues.
So while comments are welcome any time, this is just a
prompt to remind you I'm keen to receive them.
Feel free to comment to the list or just myself
directly.
Cheers
David
***************************************************
Sponsored by the Singapore Internet Research Centre
Nanyang Technological University, Singapore
http://www.ntu.edu.sg/sci/sirc/
Internet in Asia blog: sirc.blogspot.com
***************************************************
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CENSORSHIP, FILTERING & CONTENT REGULATION
******************************************
EU Parliament to fund internet anti-porn programme
Members of the European Parliament are set to give a
€45m (£31m) boost to efforts to fight child
pornography on the internet.
http://www.computerweekly.com/articles/article.asp?liArticleID=135562
cn: Beijing Loves the Web Until the Web Talks Back
(reg req'd)
China's government has strategically deployed the
Internet to economic advantage, while clamping down on
undesirable content and use.
http://nytimes.com/2004/12/06/business/businessspecial2/06net.html
uk: Broadband TV could spark tighter Web controls
Ofcom has warned that the proliferation of faster IP
networks and video-over-broadband services could erode
the boundary between TV and the Internet, with big
implications for the online world
http://news.zdnet.co.uk/communications/0,39020336,39179045,00.htm
uk: Call for child porn court review
A leading children's charity is calling for a review
of sentencing guidelines for child pornography
offences.
http://news.bbc.co.uk/1/hi/uk/4077689.stm
http://headlines.virgin.net/story/HHH/A17326731102489795A00001
In China, The Internet Expands and Censorship Follows
A story in yesterday's New York Times reports on the
rapid expansion of the Internet in China, with five
times more internet users today than in 2000.
Alongside the internet boom are increasing efforts by
the government to control access to information. The
story references recent reports from the OpenNet
Initiative -- a research partnership with the
University of Toronto, the Berkman Center, and
University of Cambridge. These reports map China's web
filtering and are part of a series of studies that
also highlight web filtering in Saudi Arabia, Iran,
and other areas. As Prof. Jonathan Zittrain explains,
in China, "[t]he evidence points to the government not
giving up on surveillance and filtering."
http://cyber.law.harvard.edu/home/home?wid=10&func=viewSubmission&sid=633
Freedom of expression vital to knowledge society
A Unesco-supported three-day conference in Marrakech
has concluded that freedom of expression and press
freedom are vital to creating a knowledge society
under the WSIS framework. The conference was attended
by more than 270 representatives of international and
regional media groups, NGOs and academic institutions.
http://portal.unesco.org/ci/en/ev.php-URL_ID=17627&URL_DO=DO_TOPIC&URL_SECTION=201.html
us: Delco summit pushes anti-bullying
A story on the summit dealing with bullying, including
cyberbullying.
http://delcotimes.com/site/news.asp?brd=1675&dept_id=18178&newsid=13490982
au: SMS bully attacks still rising
MOBILE phone text-bullying is increasing with more
than a quarter of teens being harassed by unwanted SMS
messages.
http://www.news.com.au/common/story_page/0,4057,11591338%255E2682,00.html
Chinese cyber-dissident 'freed' (reg req'd)
Cyber-dissident Ouyang Yi, who made an internet appeal
for democratic reform in China, has been freed after
serving a two-year prison sentence, a press freedom
group says.
http://smh.com.au/news/Breaking/Chinese-cyberdissident-freed/2004/12/08/1102182346163.html
Cyberdissident Ouyang Yi released at the end of his
sentence
Reporters Without Borders welcomed the release at the
end of his sentence on 4 December of cyberdissident
Ouyang Yi, who had been in prison for two years after
setting up a pro-democracy website.
http://www.rsf.org/article.php3?id_article=12035
mv: Personal account : Fathimath Nisreen,
cyber-dissident imprisoned in the Maldives
Fathimath Nisreen was arrested in January 2002 for
contributing to a newsletter critical of the
government. Although she was sentenced to banishment
on a small island in the archipeligo, in August 2004
she was given permission to take up temporary
residence in the capital. The cyberdissident was
imprisoned yet again after taking part in a
pro-democracy demonstration. She describes her ordeal
in prison.
http://www.rsf.org/article.php3?id_article=11994
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LEGAL AND SECURITY
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us: Web cam hacker
An 18-year-old Pierce College student has told Tacoma
police that someone hacked into her computer and used
her webcam to take nude photographs of her. According
to the police report, she found out about the
intrusion when her boyfriend received the photos in an
e-mail.
http://www.kptv.com/Global/story.asp?S=2652182
http://www.komotv.com/stories/34282.htm
uk: Cyber criminals step up the pace
So-called phishing attacks that try to trick people
into handing over confidential details have boomed in
2004, say security experts.
http://news.bbc.co.uk/2/hi/technology/4072647.stm
http://uk.news.yahoo.com/041208/344/f84wz.html
Defamation for 3rd party statements: case continues
Civil rights groups have warned a Supreme Court that
an adverse ruling in a case concerning the liability
of an individual who posted a statement made by
another person on an internet newsgroup would chill
the free speech rights of internet users.
http://out-law.com/php/page.php?page_id=defamationforrdp1102410513
us: Porn dialler case settled for $22m
AN internet company has agreed to forgive $US17
million in customer bills as part of an agreement with
the government. In exchange for the dropped bills, the
US FTC will stop its investigations of Alyon
Technologies, which had been accused of illegally
billing unknowing customers for a dial-up connection
to pornographic web sites.
http://australianit.news.com.au/articles/0,7204,11614901%5e16123%5e%5enbv%5e,00.html
http://star-techcentral.com/tech/story.asp?file=/2004/12/7/technology/9596775&sec=technology
http://www.latimes.com/technology/la-fi-rup7.7dec07,1,7871135.story?coll=la-headlines-technology
us: FTC in Settlement With Company That Promoted Adult
Web Sites
An Internet company has agreed to forgive $17 million
in customers' bills as part of an agreement with the
government, the Federal Trade Commission announced
Monday.
http://www.washingtonpost.com/wp-dyn/articles/A40465-2004Dec6.html
Privacy Pivotal to Information Age
"Privacy will become to the information age what
environmental issues have been to the industrial age,"
says Marc Rotenberg, president and executive director
of the Electronic Privacy Information Centre (Epic).
http://allafrica.com/stories/200412070919.html
us: Execs Call for Tighter Cyber Security Control
Security industry executives said today the Bush
administration is not giving enough attention to
increasing cyber attacks that they say are threatening
the nation's critical network infrastructure.
http://internetnews.com/bus-news/article.php/3444751
Ex-CIA chief warns on cyber terror
CYBER terrorism could be the most devastating weapon
of mass destruction yet and could cripple the US
economy, former CIA Director Robert Gates told a
terrorism conference.
http://australianit.news.com.au/articles/0,7204,11601471%5e16123%5e%5enbv%5e,00.html
New papers on e-crime
The organisations EURIM and IPPR have today published
two new studies as part of their E-Crime Study
programme.
The paper on "Reducing Opportunities for E-Crime"
focuses on the need for industry and law enforcement
to work together to produce practical, plain English
guidance for users at all levels, but most especially
small firms and consumers, on what to do to protect
themselves and what to do when they suspect they have
been victimised. That guidance needs to include
material on identifying and assessing risk and what to
do about it. Similar guidance is needed for large
organisations because un-prioritised governance
paperchases, to meet the demands of regulators, can
serve to increase vulnerability by diverting resources
and attention from practical action.
The paper on "The Reporting of Cybercrime"
(non-geographic e-crime where the agency responsible
for action is not obvious) addresses the need to
rationalise the current jungle of largely ad hoc
reporting structures, many designed to capture the
experience of knowledgeable victims to justify future
budgets rather than to trigger direct action on the
incidents reported. The main recommendations are to
bring together existing work on reporting structures,
apply systems engineering disciplines to improve
quality and reliability, and gear up to handle the
massive increase in volume that would result from
making it easier for business and individuals to
report what is happening.
http://rogerdarlington.co.uk/commswatch/permalink.php?id=1064_0_2_0
Year of the phish draws to an end
That's according to e-mail filtering company
MessageLabs, which has published its "Intelligence
Email Security Report" for 2004. The report showed an
explosion in e-mail virus outbreaks, spam messages and
phishing attacks, or e-mails that point users to
fraudulent financial web sites. It also indicated that
malware authors, fraudsters and other nefarious groups
are increasingly targeting specific businesses with
customised attacks.
http://www.enn.ie/frontpage/news-9568844.html
http://www.theregister.co.uk/2004/12/06/messagelabs_2004_report/
Phishing attacks skyrocket in 2004
The number of phishing attacks launched each month has
increased nearly 10-fold this year, tech security
company MessageLabs said Monday.
http://news.com.com/2100-7349_3-5479145.html
Caught on the phishing hook
Phishing schemes were the greatest threat to online
commerce in 2004, and it could be a much bigger
headache for IT departments in the coming year, e-mail
security firm MessageLabs warned in a new report.
http://searchsecurity.techtarget.com/originalContent/0,289142,sid14_gci1031586,00.html
Phishing: You Ain't Seen Nothing Yet
This year's rampage of phishing scams is "just the tip
of the iceberg," according to a message security
firm's analysis of 2004 and its predictions for 2005,
both released Monday.
http://www.techweb.com/wire/security/54800599
us: Supreme Court Hears Arguments On Internet Wine
Sales
The U.S. Supreme Court Tuesday heard a case about the
sale of wine over the Internet.
http://news.yahoo.com/news?tmpl=story&u=/ibsys/20041207/lo_kcra/2487467
us: Do wine and the Internet mix? US Supreme Court
hears arguments
Wine, the Internet and the idea of free interstate
trade came before the US Supreme Court in a case
closely watched for its implications on e-commerce,
viticulture and the regulation of alcohol sales.
http://news.yahoo.com/news?tmpl=story&u=/afp/20041207/ts_alt_afp/us_justice_internet_wine_041207221503
ca: Internet pharmacy recruitment campaign lands in
House of Commons
An American company's pitch to Canadian doctors to
write prescriptions for Internet pharmacies in
exchange for big bucks is further evidence the
government must shut down the industry, Liberal MP Don
Boudria said Tuesday.
http://news.yahoo.com/news?tmpl=story&u=/cpress/20041207/ca_pr_on_na/internet_drugs_ad_1
us: Supremes Say Online Sex Cop Can Be Canned
A San Diego police officer who tried to use the Web to
sell videos of himself removing his uniform and
masturbating can be fired for violating police
department regulations, the U.S. Supreme Court ruled
December 6, overturning a federal appellate ruling
restoring the officer's suit against his department.
http://www.sptimes.com/2004/12/05/State/Gubernatorial_prospec.shtml
http://avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=208001
uk: Judge raps eBay over fraud
Internet fraud is 'extremely easy' to carry out,
according to a British judge, but eBay says its doing
all it can to fight the problem
http://news.zdnet.co.uk/internet/ecommerce/0,39020372,39179366,00.htm
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POLICY
******
nz: ISP Code of Practice draft expected in January
The InternetNZ Code of Practice for ISPs is beginning
to move towards a first draft. Law graduate Stuart
Meiklejohn has been engaged to start work on December
1 putting the draft document together.
http://computerworld.co.nz/news.nsf/UNID/EE6FF1BA36ACE3ACCC256F630010C292
au: ISPs accept copyright promise
INTERNET and telco companies have accepted a promise
from the Howard Government to protect them from an
avalanche of copyright law suits after the free trade
agreement with the US comes into force on January 1.
http://australianit.news.com.au/articles/0,7204,11624856%5e16123%5e%5enbv%5e,00.html
au: ISPs irate over FTA changes
ISPs are furious about "last-minute changes" designed
to appease US concerns over online copyright
infringement and seal the start of the Free Trade
Agreement on January 1.
http://australianit.news.com.au/articles/0,7204,11609117%5e16123%5e%5enbv%5e,00.html
us: Congress Reinstates Internet Access Tax Ban
The U.S. Congress on Friday reinstated a ban on
Internet access taxes after the House of
Representatives agreed to extend it for another three
years rather than make it permanent.
http://reuters.com/newsArticle.jhtml?type=politicsNews&storyID=6871858
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INTERNET USE
************
Most web users hate pop-up ads - Nielsen
Around 95 percent of web users react negatively to
pop-up advertisements, web usability guru Jakob
Nielsen says in an article on the most hated online
advertising techniques.
http://stuff.co.nz/stuff/0,2106,3121798a28,00.html
http://www.useit.com/alertbox/20041206.html
uk: Millions to miss out on the net
Around 40% of the UK will still be without internet
access at home by 2025, warns a study by telecoms
giant BT.
http://news.bbc.co.uk/2/hi/technology/4076717.stm
us: Totally wired
America is addicted to the internet, burgers and
drugs. A nation in decline or a glimpse of the future?
http://www.guardian.co.uk/online/news/0,12597,1367247,00.html
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ONLINE MUSIC & P2P
******************
us: Pew File-Sharing Survey Gives a Voice to Artists
(reg req'd)
A survey by the Pew Internet and American Life Project
provides the first large-scale snapshot of what
artists think about the Internet and file-sharing.
http://nytimes.com/2004/12/06/arts/06down.html
http://www.pewinternet.org/PPF/r/142/report_display.asp
http://www.pewinternet.org/pdfs/PIP_Artists.Musicians_Report.pdf
(survey)
au: Filtering still flawed, expert says
NO filtering system could ever completely stop the
trade in pirated music on the Kazaa file sharing
system, an expert witness for the recording industry
has admitted.
http://australianit.news.com.au/articles/0,7204,11626870%5e16123%5e%5enbv%5e,00.html
au: Kazaa activity can be monitored: Witnesses
A witness on the ongoing civil trial against peer to
peer software provider Sharman Networks has added
weight to testimony last week that logs can be
maintained to trace users who are exchanging
unlicensed music online using the Kazaa software.
http://www.zdnet.com.au/news/business/0,39023166,39172171,00.htm
http://news.com.com/Witness+says+Kazaa+activity+can+be+monitored/2100-1027_3-5480626.html
au: Kazaagate Day 6
The expert's conclave was a disaster; the music
industry wheeled out its most dangerous expert techie
to say Sharman can control their system.
http://apcmag.com/apc/v3.nsf/0/AFE96395E83BACA8CA256F64002F9770
us: FTC spotlights proposals on P2P risks
The head of the Federal Trade Commission sent a letter
to Congress on Tuesday highlighting efforts that
file-swapping companies are making to disclose
potential online risks.
http://news.zdnet.com/2100-9588_22-5482429.html
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RESEARCH PAPERS
***************
Cybercrime Metrics: Old Wine, New Bottles? by Susan W.
Brenner (Virginia Journal of Law and Technology)
If we had them, cybercrime metrics could be used to
identify and parse how cybercrime differs from
real-world crime in its commission and in its effects.
Metrics are standards we use to assess the harms
resulting from a category of outlawed conduct. We have
metrics for real-world crime: ad hoc indices we have
evolved over centuries of experience with
physically-based crime. But real-world metrics do not
apply to technologically-mediated crime, as it differs
in the methods that are used in its commission and in
the nature and extent of the harms it produces. We
need cybercrime metrics to track the damage it
inflicts and to develop strategies for dealing with
it. This article takes the first step by analyzing
cybercrime and identifying the distinct issues
cybercrime metrics need to capture.
http://www.vjolt.net/vol9/issue4/v9i4_a13-Brenner.pdf
States and Internet Enforcement by Joel R. Reidenberg
(University of Ottawa Law & Technology Journal)
This essay addresses the enforcement of decisions
through internet instruments. The starting point is a
brief justification of internet enforcement as the
obligation of democratic states. Next, the essay
argues that the movement to re-engineer the internet
infrastructure by public and private actions also
facilitates state enforcement of legal and policy
decisions. The essay maintains that states will
increasingly try to use network intermediaries such as
payment systems and Internet Service Providers (ISPs)
as enforcement instruments. Finally, and most
importantly, the essay focuses on ways that states may
harness the power of technological instruments such as
worms, filters and packet interceptors to enforce
decisions and sanction malfeasance.
http://web5.uottawa.ca/techlaw/resc/UOLTJ_1.1&2.doc%2010(Reidenberg).pdf
The State of Privacy Laws and Privacy-Encroaching
Technologies after September 11: A Two-Year Report
Card on the Canadian Government by Arthur J. Cockfield
(University of Ottawa Law & Technology Journal)
The purpose of this article is to offer a tentative
evaluation of the Canadian government’s efforts in
this regard. A review of government practices suggests
that state agents are not generally subjecting
Canadians to overly intrusive surveillance practices,
although select areas of potentially abusive state
actions have become known. The article concludes by
giving the Canadian government a C+ for its
surveillance practices and use of privacy-encroaching
technologies of surveillance. To obtain better grades,
the government should develop more public
accountability mechanisms, such as an independent
oversight committee to monitor potential abuses.
Part 1 provides an overview of the legal and
technological changes surrounding government and
private sector surveillance. An understanding of the
legal regime governing industry information collection
practices is necessary because governments are
increasingly tapping into databases of personal
information previously collected by businesses. This
Part ends by discussing the relationship between
privacy law and technology. Part 2 sets out empirical
and anecdotal evidence concerning Canadian government
surveillance practices and the use of expanded police
powers to counter terrorist activities. There are
limited available data about these practices, although
two government reports suggest that state agents have
not significantly increased the amount of surveillance
or used new powers of preventative arrest or
investigative hearings. Certain reports, however, have
noted cases involving possible racial profiling of
Canadian residents.
http://web5.uottawa.ca/techlaw/resc/UOLTJ_1.1&2.doc%2014(Cockfield).pdf
Sweat of the Brow, Creativity and Authorship: On
Originality in Canadian Copyright Law by ABRAHAM
DRASSINOWER (University of Ottawa Law & Technology
Journal)
Abstract: The paper offers a theoretical analysis of
the tension between "sweat of the brow" and
"creativity" approaches to the "originality"
requirement in recent Canadian copyright
jurisprudence. The paper formulates that tension as
one between two different and incompatible versions of
the very meaning and purpose of copyright law. On the
one hand, the "sweat of the brow" approach reflects a
"misappropriation" model of copyright law, for which
fairness to the author as laborer is the central and
animating concern. On the other hand, the "creativity"
approach reflects a "public interest" model of
copyright law, for which the production and
dissemination of authorial works in the name of the
public interest is the central and animating concern.
In that context, the paper reveals the neglected
influence of a third vision of copyright law: the
"authorship" model. On that basis, the paper shows
that, because it is not framed in terms of the
traditional opposition between author and public, the
authorship model offers a vision of copyright law for
which respect for authorship is consistent with the
public domain. In so doing, the paper engages themes
fundamental to the Supreme Court of Canada's recent
landmark decision in CCH Canadian Ltd. v. Law Society
of Upper Canada.
http://ssrn.com/abstract=621184
Open access to law in developing countries by Daniel
Poulin
Abstract: Securing a widespread and, whenever
possible, free, access to legal information has become
important everywhere. Open access has higher stakes in
developing countries where access to law is often
difficult. In this particular context, free access to
statutes and case law could significantly contribute
to a better establishment of the rule of law and an
overall consolidation of national legal institutions.
Never before have better conditions existed for a
wider circulation of law. The Internet and related
technologies have dramatically revolutionized the
possibilities of cheaply providing high–quality,
low–cost access to national legal documentation. In
this article, elements of a strategy aimed at
developing open access to law in developing countries
are put forth.
http://firstmonday.org/issues/issue9_12/poulin/index.html
Changing patterns of Internet usage and challenges at
colleges and universities by Tena F. McQueen and
Robert A. Fleck, Jr.
Abstract: Increased enrollments, changing student
expectations, and shifting patterns of Internet access
and usage continue to generate resource and
administrative challenges for colleges and
universities. Computer center staff and college
administrators must balance increased access demands,
changing system loads, and system security within
constrained resources. To assess the changing academic
computing environment, computer center directors from
several geographic regions were asked to respond to an
online questionnaire that assessed patterns of usage,
resource allocation, policy formulation, and threats.
Survey results were compared with data from a study
conducted by the authors in 1999. The analysis
includes changing patterns in Internet usage, access,
and supervision. The paper also presents details of
usage by institutional type and application as well as
recommendations for more precise resource assessment
by college administrators.
http://firstmonday.org/issues/issue9_12/mcqueen/index.html
Artists’ earnings and copyright: A review of British
and German music industry data in the context of
digital technologies by Martin Kretschmer
Abstract: Digital technologies are often said (1) to
enable a qualitatively new engagement with already
existing cultural materials (for example through
sampling and adaptation); and, (2) to offer a new
disintermediated distribution channel to the creator.
A review of secondary data on music artists’ earnings
and eight in–depth interviews conducted in 2003–04 in
Britain and Germany indicate that both ambitions have
remained largely unfulfilled. The article discusses to
what extent the structure of copyright law is to
blame, and sets out a research agenda.
http://firstmonday.org/issues/issue10_1/kretschmer/index.html
Note: Protecting Children in Cyberspace: Some Issues
to Consider in Devising an Effective Legal and
Regulatory Framework by ANIL SAMTANI (Singapore
Academy of Law Journal)
Abstract: This article seeks to summarize some of the
salient points covered in a report prepared by this
author arising from a consultation on the Impact of
the Internet and New Media on Children. ... The legal
and procedural barriers to protecting the interests of
children on the Internet are vexing. Definitional
difficulties as well as different cultural and social
mores create difficulties in relation to devising an
effective international framework for protecting
children online. The problems are further compounded
by different approaches that have been adopted in
relation to issues involving the exertion of criminal
jurisdiction over activities conducted via the medium
of the Internet, extradition and the obtaining of
evidence. The lack of a consistent and harmonious
framework on privacy, content regulation and
pornography also act as major obstacles to effecting a
workable international strategy to protect the
interests of children on the Internet. However, ...
the difficulties are not insurmountable.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=627802
When the Americans with Disabilities Act Goes Online:
Application of the ADA to the Internet and the World
Wide Web by Steven Mendelsohn & Martin Gould (Southern
Methodist University Computer Law Review & Technology
Journal)
This article analyzes and answers the critical
question: Does the Americans with Disabilities Act4
(“ADA”) apply to commercial and other private sector
websites, and if so, what does it require?
http://smu.edu/csr/articles/2004/Winter/Mendelsohn.pdf
Canned Spam: New State and Federal Legislation
Attempts to Put a Lid On It by Jordan M. Blanke
(Southern Methodist University Computer Law Review &
Technology Journal)
http://smu.edu/csr/articles/2004/Winter/Blanke.pdf
Needling the Thread: A Moderator’s Guide to Freedom of
Speech Limitations on Government Sponsored Web-Based
Threaded Discussions by Gregory S. Weber (Southern
Methodist University Computer Law Review & Technology
Journal)
In the past decade, the Internet has given
policymakers new tools that can greatly increase the
public’s awareness of, and ability to participate in,
public policymaking processes. For example, public
agencies at all levels now routinely sponsor web
pages. In varying levels of detail, these pages
describe their agency’s policymaking activities. Many
permit viewers to send e-mail directly to an agency
official. Some agencies use list-servers to allow
persons interested in a policymaking matter to
exchange e-mail among themselves. In addition,
regulatory agencies are increasingly allowing the
submission of formal comments to proposed rules via
the Internet. Perhaps it is only a matter of time
before policymakers routinely incorporate chat rooms,
instant messaging, and Usenet fora into their set of
policymaking tools.
http://smu.edu/csr/articles/2004/Winter/Weber.pdf
Digital Speech and Democratic Culture: A Theory of
Freedom of Expression for the Information Society By
Jack M. Balkin (New York University Law Review)
In this essay, Professor Balkin argues that digital
technologies alter the social conditions of speech and
therefore should change the focus of free speech
theory, from a Meiklejohnian or republican concern
with protecting democratic process and democratic
deliberation, to a larger concern with protecting and
promoting a democratic culture. A democratic culture
is a culture in which individuals have a fair
opportunity to participate in the forms of
meaning-making that constitute them as individuals.
Democratic culture is about individual liberty as well
as collective selfgovernance; it concerns each
individual’s ability to participate in the production
and distribution of culture. Balkin argues that
Meiklejohn and his followers were influenced by the
social conditions of speech produced by the rise of
mass media in the twentieth century, in which only a
relative few could broadcast to large numbers of
people. Republican or progressivist theories of free
speech also tend to downplay the importance of
nonpolitical expression, popular culture, and
individual liberty. The limitations of this approach
have become increasingly apparent in the age of the
Internet.
By changing the social conditions of speech, digital
technologies lead to new social conflicts over the
ownership and control of informational capital. The
free speech principle is the battleground over many of
these conflicts. For example, media companies have
interpreted the free speech principle broadly to
combat regulation of digital networks and narrowly in
order to protect and extend their intellectual
property rights. The digital age greatly expands the
possibilities for individual participation in the
growth and spread of culture, and thus greatly expands
the possibilities for the realization of a truly
democratic culture. But the same technologies also
produce new methods of control that can limit
democratic cultural participation. Therefore, free
speech values—interactivity, mass participation, and
the ability to modify and transform culture—must be
protected through technological design and through
administrative and legislative regulation of
technology, as well as through the more traditional
method of judicial creation and recognition of
constitutional rights. Increasingly, freedom of speech
will depend on the design of the technological
infrastructure that supports the system of free
expression and secures widespread democratic
participation. Institutional limitations of courts
will prevent them from reaching the most important
questions about how that infrastructure is designed
and implemented. Safeguarding freedom of speech will
thus increasingly fall to legislatures, administrative
agencies, and technologists.
http://www.law.nyu.edu/journals/lawreview/issues/vol79/no1/NYU101.pdf
Arrgh! Hollywood Targets Internet Piracy by Anna E.
Engelman & Dale A. Scott (Richmond Journal of Law and
Technology)
Abstract: As technology advances, the threat of
rampant and unprecedented theft of digital media
continues to grow. The music industry has already
faced, and continues to face, this threat, but has
largely failed in defending musicians’ intellectual
property.
http://law.richmond.edu/jolt/v11i1/article3.pdf
************************
COMMENT, MICROSOFT & DEVELOPMENTS
************************
Mozilla Thunderbird 1.0 e-mail client launched
The folks behind the Firefox open-source browser
launched last month have officially launched an e-mail
client, which offers a built-in RSS reader.
http://dmeurope.com/default.asp?ArticleID=4834
nz: Prime Minister hosts online chat ››
Helen Clark's typing skills were put to the test last
night as she answered questions from New Zealanders.
http://www.nzherald.co.nz/index.cfm?c_id=5&ObjectID=9002233
Chinese firm buys IBM PC business
IBM is selling its PC hardware business to number one
Chinese computer maker Lenovo.
http://news.bbc.co.uk/2/hi/business/4077579.stm
http://www.guardian.co.uk/online/news/0,12597,1368261,00.html
Sale of I.B.M. PC Unit Is a Bridge Between Companies
and Cultures (reg req'd)
I.B.M. announced the sale of its personal computer
business to Lenovo, a deal that reflects the ambitions
of not only the two companies but also their two
nations.
http://nytimes.com/2004/12/08/technology/08computer.html
Clinton: Ex-President Inaugurates China-Backed
Internet Search Firm
Former President Bill Clinton helped launch a new
Internet search firm that claims better results for
its engine than Google
http://forbes.com/technology/2004/12/07/1207autofacescan02.html
http://hosted.ap.org/dynamic/stories/C/CLINTON_SEARCH_ENGINE
http://www.washingtonpost.com/wp-dyn/articles/A41923-2004Dec6.html
**********************************
ARRESTS/COURT CASES FOR CHILD PORN
**********************************
au: Police: No porn ring in town
MERREDIN police officer in charge Sergeant Michael
O'Malley has strenuously refuted claims that a child
pornography ring is operating in Merredin.
http://merredin.yourguide.com.au/detail.asp?class=news&subclass=local&story_id=356371
uk: Ex-police chief jailed over porn
A former British Transport Police chief superintendent
who downloaded hundreds of child pornography pictures
has been jailed for four months.
http://news.bbc.co.uk/2/hi/uk_news/england/beds/bucks/herts/4075405.stm
http://www.thisislondon.co.uk/news/articles/15153221
http://uk.news.yahoo.com/041207/140/f82a5.html
http://www.thesun.co.uk/article/0,,2-2004570024,00.html
http://www.thisislondon.co.uk/news/articles/15153221
uk: Lawyer’s child porn defence provokes outrage
A LAWYER provoked outrage yesterday after claiming in
court that child pornography was a victimless crime.
http://www.theherald.co.uk/news/29351.html
http://www.dailyrecord.co.uk/news/tm_objectid=14954396&method=full&siteid=89488&headline=this-man-says-child-porn-is-a--victimless-crime----he-s-a-lawyer-name_page.html
uk: Child pornography charge admitted
A FORMER student at Lampeter university college has
admitted possessing child pornography for a second
time.
http://icwales.icnetwork.co.uk/0100news/0200wales/tm_objectid=14951378&method=full&siteid=50082&headline=child--pornography-charge-admitted-name_page.html
ca: Man found with child pornography given conditional
sentence
A Winnipeg man who had more than 1,000 photos of child
pornography on his computer has avoided a jail term.
http://www.canada.com/winnipeg/story.html?id=b6aab493-3106-475b-b9c0-213943f5ac01
fr: Pédophilie sur Internet.
Un homme de 39 ans présumé avoir diffusé des centaines
d ' images pédophiles sur Internet a été interpellé
puis écroué en fin de semaine dernière à Paris.
http://www.letelegramme.com/index.cfm?page=telegdisplay&class=articletelegramme&method=affiche_entier&object=20041208_010b070400_9129076&statichtml=1
us: Child porn case sent to justice court
A Fallon senior citizen accused of possessing child
pornography will appear in Churchill County Justice
Court for a preliminary hearing after a district court
judge denied Tuesday a request to keep an evaluation
confidential.
http://www.lahontanvalleynews.com/article/20041208/News/112080006/
us: On Second Thought, Court Finds, a Law 'Makes No
Sense' (reg req'd)
The law seemed clear: Jorge Pabon-Cruz would have to
spend 10 years in prison in a child pornography case -
even though the judge who imposed the mandatory
sentence denounced it in court, saying it was far too
harsh. The defendant was 18, with no prior record, at
the time of his arrest.
http://nytimes.com/2004/12/07/nyregion/07appeal.html
us: Guilty plea entered to child pornography
A Lockport man pleaded guilty to a child pornography
charge Monday in U.S. District Court, according to the
U.S. attorney's office.
http://www.buffalonews.com/editorial/20041207/7064549.asp
us: Local man charged with possessing child
pornography
Acting on a tip from U.S. Customs Service, sheriff's
deputies searched Kenneth J. May's home and computer a
month ago, looking for child pornography.
http://www.journaltimes.com/articles/2004/12/08/local/iq_3255361.txt
us: Scout leader pleads not guilty to possessing child
porn
A Sioux Falls Boys Scout leader pleaded not guilty on
Monday to charges of possessing pornographic photos of
children.
http://www.aberdeennews.com/mld/aberdeennews/news/10354377.htm
us: Child porn suspect back in jail
A 19-year-old facing charges of child pornography was
arrested Thursday on a petition to revoke his bond in
Jefferson County, after he was arrested on drug
charges in Franklin County in September.
http://mtvernonregister-news.com/index.php?name=News&file=article&sid=816
us: Child rapist gets life in prison
A Haskell man will go to prison for life after
pleading guilty today to numerous counts of rape (of
boys) and child pornography.
http://www.bentoncourier.com/articles/2004/12/06/news/25fnews.txt
us: Man facing child sex case in Ore.
A Seabrook man appeared in federal court in Oregon
yesterday on charges of allegedly traveling to that
state to have sex with a 15-year-old girl he met
online.
http://www.seacoastonline.com/news/hampton/12072004/news/52675.htm
us: Prosecutors push to return trucker to Gloucester
in child sex-abuse case
Local prosecutors hope to find out today whether a
long-distance truck driver accused of raping the
8-year-old daughter of a Gloucester woman will agree
to be brought back to Massachusetts to face charges.
http://www.ecnnews.com/cgi-bin/04/g/gstory.pl?fn-gjordan7
us: Psychiatric check ordered in porn case
A federal judge wants a psychiatrist to examine former
LSU science writer Ron Brown before sentencing him in
a high-profile child pornography case.
http://www.2theadvocate.com/stories/120704/new_check001.shtml
us: Guilty plea entered to child pornography
A Lockport man pleaded guilty to a child pornography
charge Monday in U.S. District Court, according to the
U.S. attorney's office.
http://www.buffalonews.com/editorial/20041207/7064549.asp
us: Local man charged with possessing child
pornography
Acting on a tip from U.S. Customs Service, sheriff's
deputies searched Kenneth J. May's home and computer a
month ago, looking for child
http://www.journaltimes.com/articles/2004/12/08/local/iq_3255361.txt
us: Sting catches a suspected child predator
A Conyers man was arrested Thursday by Newton County
Sheriff’s Office (NCSO) investigators after he
allegedly arrived at a Covington gas station in order
to meet a 13-year-old girl and have sexual relations
with her.
http://www.rockdalecitizen.net/archive/2004/2348.htm
+++++++++++++++++++++++++++++++
Check out http://auda.org.au/domain-news/dn-news for
the latest domain news. Within 24 hours of this news
being posted, a more recent edition of the news will
normally be posted to the auDA web site. The domain
name news is supported by auDA.
* with support of Alfa-Redi
Also see
http://greta.electric.gen.nz/mailman/listinfo/internet-news
for an archive or to subscribe to the general news.
Sources include Quicklinks <http://qlinks.net/> and
BNA Internet Law News <http://www.bna.com/ilaw/>.
+++++++++++++++++++++++++++++++
(c) David Goldstein 2004
=====
David Goldstein
address: 2/4 Dundas Street
COOGEE NSW 2034
AUSTRALIA
email: Goldstein_David@yahoo.com.au
phone: +61 418 228 605 - mobile; +61 2 9665 0015 - home
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