general internet news - 7 August

[David Goldstein <goldstein_david@yahoo.com.au>]

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Child online safety card unveiled
http://news.bbc.co.uk/2/hi/technology/5238992.stm
http://www.vnunet.com/vnunet/news/2161661/child-online-safety-card

uk: Children to learn of internet perils
http://www.nzherald.co.nz/section/story.cfm?c_id=5&ObjectID=10394808
http://news.independent.co.uk/uk/politics/article1216003.ece

uk: The secret world of the net (free for few days)
http://news.independent.co.uk/uk/this_britain/article1215983.ece

us: The World's Worst Internet Laws Sneaking Through
the Senate
http://www.eff.org/deeplinks/archives/004864.php

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RESEARCH PAPERS
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Online Activities & Pursuits (Pew Research)
A national phone survey of bloggers finds that most
are focused on describing their personal experiences
to a relatively small audience of readers. 
http://www.pewinternet.org/topics.asp?c=1

Indecency on the Internet and International Law by
ALEXANDER SHYTOV (published: International Journal of
Law and Information Technology)
Abstract:  This article deals with the necessity to
suppress pornography on the Internet, including both
child and adult pornography. The main question is
whether the states should co-operate in enforcing
their moral standards, taking into account also the
fact that their standards of indecency do differ. The
article begins with giving an example of difficulties
arising from suppressing the crime of pornography on
the Internet. It givers a general overview of the
state of international law in this area. It is
stressed that the lack of the international
cooperation can mean for the states a diminishing of
their sovereignty to determine their public policy.
Pornography also threatens traditional cultures and
their concept of decency. Since there is an
international obligation to protect world cultures and
cultural diversity, the reason to suppress
pornography, particularly adult pornography, on the
Internet is not bound to proving any individual harm
which adult pornography may cause. The reasons to ban
pornography are weighed against the reasons not to
ban. It is argued that there are sufficient reasons to
ban adult pornography internationally as well as child
pornography. The main difficulty to introduce an
effective international regulation of the ban is the
lack of the international standard for obscenity. The
US standard found in the US case law is examined and
found unsatisfactory. It is finally emphasised that it
is not enough for the states to introduce criminal
sanctions and enforce them strictly when combating
pornography on the Internet. International law needs
to address deeper problems which give rise to the wide
spread indecency on the Internet.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=915214

The characteristics making Internet communication
challenge traditional models of regulation - What
every international jurist should know about the
Internet by N JERKER B. RKER B. SVANTESSON (published:
International Journal of Law and Information
Technology)
Abstract: In order to determine why certain forms of
Internet communication challenge traditional models of
regulation, we must identify which characteristics
make them different to other forms of communication.
Focusing on conflict of laws, it is submitted that
regard must be had to the characteristics of
borderlessness, geographical independence, limited
language dependence, one-to-many communication, low
threshold information distribution, widely used,
portability, lack of reliable geographical
identifiers, reactive nature, lack of central control
and convergence. These characteristics cause an
imbalance between the ease of cross-border contacts on
the one hand, and the difficulty of solving
cross-border disputes on the other. Furthermore,
certain conflict of laws rules have lost their logical
bases, and those active on the Internet may lack
notice of the applicable law and which forums they are
exposed to. In addition, the existing gap between
reasonable grounds for jurisdictional claims and
reasonable grounds for recognition and enforcement has
been widened.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=915205

The Lion, the Dragon and the Wardrobe Guarding the
Doorway to Information and Communications Privacy on
the Internet: A Comparative Case Study of Hong Kong
and Singapore - Two Differing Asian Approaches by N B.
CHIK (published: International Journal of Law and
Information Technology)
Abstract: Almost a decade ago, the electronic commerce
revolution began, led by such companies as Amazon.com
and Ebay.com. These companies have grown into the
internet business giants they are today, diversifying
in the products they sell, the services they provide
and the jurisdictions they conduct business in.
However, aside from these rare examples, most medium
and small internet-based business enterprises have
grown with the dot.com bubble and dissolved when it
burst mid-way through the decade. Now, at the 10th
Anniversary of Electronic Commerce, after we have seen
the dot.com way of doing business launch like a rocket
and plunge like a comet, subsequently emerging into a
more cautious, but no less potential, avenue of doing
business, other challenges now face the industry as a
whole to retain and obtain customers. Internet users
are becoming increasingly wary of online transactions.
The irony is that as internet users become
technologically savvy, they also become more aware of
the dangers which connectivity entails and this
inhibits their online behaviour. Chief among these
concerns, and second only to cybercrimes, is the
maintenance of privacy in the context of the
protection of personal information, particularly from
the unsavory elements trawling the cyberworld. For
cyber-trade and the e-commerce market to grow, and for
the continued efficiency and utility of the internet
for G2C and B2C transactions, governments and
industries must re-instill the trust and confidence of
internet users both in commercial and non-commercial
interaction.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=915229

ICT Use in the Developing World: An Analysis of
Differences in Computer and Internet Penetration by
MENZIE DAVID CHINN, University of Wisconsin and ROBERT
W. FAIRLIE, University of California (published: IZA
Discussion Paper)
Abstract: Computer and Internet use, especially in
developing countries, has expanded rapidly in recent
years. Even in light of this expansion in technology
adoption rates, penetration rates differ markedly
between developed and developing countries and across
developing countries. To identify the determinants of
cross-country disparities in personal computer and
Internet penetration, both currently and over time, we
examine panel data for 161 countries over the
1999-2004 period. We explore the role of a
comprehensive set of economic, demographic,
infrastructure, institutional and financial factors in
contributing to the global digital divide. We find
evidence indicating that income, human capital, the
youth dependency ratio, telephone density, legal
quality and banking sector development are associated
with technology penetration rates. Overall, the
factors associated with computer and Internet
penetration do not differ substantially between
developed and developing countries. Estimates from
Blinder-Oaxaca decompositions reveal that the main
factors responsible for low rates of technology
penetration rates in developing countries are
disparities in income, telephone density, legal
quality and human capital. In terms of dynamics, our
results indicate fairly rapid reversion to long run
equilibrium for Internet use, and somewhat slower
reversion for computer use, particularly in developed
economies. Financial development, either measured as
bank lending or the value of stocks traded, is also
important to the growth rate of Internet use.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=920648

Facets of the Digital Divide in Europe: Determinantion
and Extent of Internet Use by MICHAEL DEMOUSSIS &
NICHOLAS GIANNAKOPOULOS, University of Patras
(published: Economics of Innovation and New
Technology)
Abstract: The primary objective of this article is to
identify, given Internet accessibility, the factors
that shape the decisions of individuals for personal
Internet usage and its extent. Cross-sectional data
from the European Social Survey database were utilized
and an ordered probit model with selectivity was
employed. The hypothesized link between the decision
to use the Internet and the extent of usagewas
confirmed by the data. Household income, cost of
access, demographics,media use, regional
characteristics and general skill acquisition by
individuals appear to correlate with Internet use and
the extent of usage. In addition, a non-linear
decomposition analysis was applied in order to
identify the causes of the observed south/north
divide. The results indicate that the observed
differences in the probability of Internet use
constitute a structural problem.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=917900

Legal Reasoning and Legal Change in the Age of the
Internet- Why the Ground Rules are Still Valid by UTA
KOHL, University of Wales (published: International
Journal of Law and Information Technology)
Abstract: This article is a defence of conservative
legal argumentation and hopes to add a dimension of
realism to the debate on Internet regulation. A
recognition of the law`s inherent resistance to
anything but incremental change, born out of its
function to provide certainty and stability, must
inform legal argumentation in particular in relation
to legal issues arising out of a phenomenon as
revolutionary as the Internet. By taking a bird`s eye
perspective on the arguments on the issue of whether a
website is enough to assert jurisdiction over the
entity behind the website, the author argues that the
most efficient regulatory options are not in fact the
best or realistic regulatory options if their
implementation entails substantial legal disruption.
Legal adjustments to accommodate new technological
phenomena such as the Internet often need not be as
drastic, as may appear at first sight, if the
relationship between law and the marketplace or law
and technological developments is properly evaluated
as two way.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=915076

Determining Jurisdiction in Cyberspace by JAYANT
KUMAR, National Law University
Abstract: The rapid development of information and
communication technologies has revolutionized the
business practices and individual practices. Taking
the lead in these technologies is the Internet.
Internet is not only a means of communication and
information flow but is also a medium of conducting
business. E-commerce is becoming the buzzword in
business circles. Like every other technology,
internet has also brought certain problems with itself
such as computer crimes, breach of contracts done on
line, issues of pornography due to different moral
standards in different countries etc. The
decentralized nature of Internet usually brings
parties residing in different jurisdictions in contact
with each other. Due to this which court will acquire
the authority to try the case in case of a contentious
issue always remains a problematic question. This
paper attempts to look into the concept of
jurisdiction, the basic principles on which the
jurisdiction is determined, what changes Internet has
brought in the concept of jurisdiction, what could be
the problematic issues and the appropriate remedies.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=919261

The Rule of Law, Jurisdiction and the Internet by UTA
KOHL, University of Wales (sub req'd)
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=915132

Of Nodes and Power Laws: A Network Theory Approach to
Internet Jurisdiction through Data Privacy by ANDREA
M. MATWYSHYN, University of Florida; University of
Cambridge (published: Northwestern University Law
Review)
Abstract: This article uses network theory, a branch
of complexity theory, to examine questions of internet
jurisdiction in context of intentional torts and
intellectual property harms -- the types of internet
harms traditional personal jurisdiction frameworks
have difficulty addressing. It then proposes a trusted
systems approach to these jurisdictional
determinations.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=904074

Jurisdiction over Cross-Border Wrongs on the Internet
by OREN BIGOS (published: International and
Comparative Law Quarterly)
Abstract: The internet presents challenges for private
international law. One challenge relates to
jurisdiction, which is traditionally based on
territory. Transactions on the internet span many
borders. When cross-border wrongs are committed they
may lead to transnational litigation. This article
examines the circumstances in which a court can
exercise jurisdiction over a foreign defendant alleged
to have committed a civil wrong over the internet. The
focus is on the service abroad provisions in common
law countries and the special jurisdiction provisions
in EU/EFTA countries.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=914843

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CENSORSHIP, FILTERING & CONTENT REGULATION
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Child online safety card unveiled
A virtual ID card designed to improve children's net
safety has been launched in the UK, US, Canada and
Australia.
http://news.bbc.co.uk/2/hi/technology/5238992.stm
http://www.vnunet.com/vnunet/news/2161661/child-online-safety-card

uk: Children to learn of internet perils
Schoolchildren in the UK are to be taught about the
dangers of the internet amid government and police
concern at the growing threat posed by paedophiles
targeting chatrooms and social networking sites.
http://www.nzherald.co.nz/section/story.cfm?c_id=5&ObjectID=10394808
http://news.independent.co.uk/uk/politics/article1216003.ece

uk: The secret world of the net (free for few days)
Online networking is taking over the social lives of
children. It's fun, cheap and easy, and most adults
haven't a clue about it. But they need to.
http://news.independent.co.uk/uk/this_britain/article1215983.ece

Two new Guides for parents and carers (news release)
Childnet have produced two new guides for parents and
carers on ?Searching the Internet? and ?Chatting
online? and child safety.
http://www.childnet-int.org/news/articles/0806.html

CoE: Meeting of the Steering Committee on the Media
and New Communication Services (CDMC) (30 May - 2 June
2006)
During its last meeting, the Council of Europe body
entrusted with developing standards on freedom of
expression, media and new communication services
transmitted to the Committee of Ministers of the
Council of Europe its views on the alignment of legal
provisions on defamation in member States with the
relevant case-law of the European Court of Human
Rights, including the issue of decriminalisation of
defamation. It also submitted to the Committee of
Ministers a draft Recommendation on empowering
children in the new information and communications
environment and a draft Declaration concerning the
implementation by member states of the Council of
Europe Recommendation on the guarantee of public
service broadcasting. Other issues considered by the
CDMC during its meeting (the report of which is now
available) included the question of Internet
governance. As regards the latter, the Council of
Europe subsequently made a submission to the global
think tank - the Internet Governance Forum - which
will meet in Athens later this year.
http://www.coe.int/t/e/human_rights/media/1_Intergovernmental_Co-operation/CDMC/CDMC(2006)009_en.asp#TopOfPage

ca:  Ontario to fight on-line child luring
Unified team of officers from the OPP, municipal and
regional police forces and Crown attorneys will work
together
http://www.theglobeandmail.com/servlet/story/RTGAM.20060804.gtluring0804/BNStory/Technology/home

nz: NetSafe Newsletter June/July 2006: An Update on
Cybersafety from The New Zealand Internet Safety Group
The latest issue of New Zealand's NetSafe newsletter
is now available. The latest edition covers issues
such as Social Networking, the Very Young And
Cybersafety, What?s New On The Technology Frontier?,
and Keeping An Eye On The Kids ? Monitoring Or
Surveillance?
http://www.netsafe.org.nz/Doc_Library/download/JULY_NETSAFE_NEWSLETTER_06.pdf

kr: Cyber-stalkers roam free on EFL websites
It's the fastest growing "sport" in Korea's EFL
community. Right now, a person is posting a racist
message using obscene language on a website dedicated
to teaching English in Korea. Another, possibly on the
other side of the world, is busy slandering a person
they will never meet with allegations that would make
even Jerry Springer blush.
http://www.asiamedia.ucla.edu/article-eastasia.asp?parentid=50224

us: Wireless Carriers Set Strict Decency Standards for
Content
As music and video programming becomes widely
available for cell phones, major U.S. wireless
carriers are quietly setting strict decency standards
for their content partners in an effort to stave off
criticism from customers and regulators, according to
the Adult Freedom Foundation (AFF) Monitor. Many of
the rules go far beyond those set by federal
regulators for television and radio, according to a
story by Amol Sharma.
http://freespeechcoalition.com/mobileratings.htm

INHOPE elections result in two new members from
Denmark and Taiwan (news release)
The 2006 INHOPE elections saw a re-election of INHOPE
President Ana-Luiza Rotta and INHOPE Treasurer Barbara
Schloßbauer to their second terms on the INHOPE Board.
http://www.inhope.org/en/news/press_release.php?id=20060620

us: TEEN SUMMIT IN WASHINGTON, DC YIELDS GOOD ADVICE
FOR PARENTS AND GUARDIANS (news release)
Cox Communications, in partnership with the National
Center for Missing & Exploited Children, released
findings from their Teen Summit on Internet Safety.
The Summit was designed to hear straight from the
source why teens engage in risky behavior online and
how parents and guardians can best teach their kids to
be safer. High school students and their parents and
guardians from Cox Communications communities met in
Washington, D.C. for the Summit, which was moderated
by John Walsh and NCMEC?s Staca Urie.
http://www.missingkids.com/missingkids/servlet/NewsEventServlet?LanguageCountry=en_US&PageId=2519

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CYBERCRIME, CYBERSECURITY AND PRIVACY
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Search giants unite to battle click fraud
Some of the biggest names in internet search have
agreed to try to tackle the growing problem of click
fraud, the online advertising scam that costs
advertisers millions of dollars a year.
http://www.out-law.com/page-7168

Middle East conflict provokes surge of cyber attacks
As the death toll in Lebanon and Israel mounts, the
conflict has spilled onto the internet with sudden
fury as gangs of computer hackers mount a withering
cyber attack on thousands of Israeli and Western
websites.
http://technology.timesonline.co.uk/article/0,,20411-2295889,00.html

us: Online Poker: Is It Legal?
Thousands of players qualify for the World Series of
Poker, held in Las Vegas, by participating in
cash-paying online rounds. So, can they play? A House
bill would ban most internet gambling and the DOJ says
web poker is a no-no.
http://wired.com/news/wireservice/0,71547-0.html?tw=wn_index_6

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GOVERNMENT & PUBLIC POLICY
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us: US government proposes sweeping new IPR rules for
Internet
Here is the new US submission on the "webcasting"
issue, which the US now wants to rename as
"netcasting." The US does not offer a restrictive
definition of what would be protected. It is broad. It
offers a contradictory statement at the end.
http://cptech.org/blogs/wipocastingtreaty/2006/08/us-government-proposes-sweeping-new.html

us: Bush Calls for Regulation of "Netcasting"
The Bush Administration is asking WIPO for new global
regulations on "netcasting." What is "netcasting"? No
one really knows.
http://www.huffingtonpost.com/james-love/bush-calls-for-regulation_b_26486.html

us: Keeping The Internet Neutral? Christopher S. Yoo
and Timothy Wu debate.
Whether you browse Wal-Mart's website or that of your
local hardware store, your Internet Service Provider
gives your request equal treatment?called "network
neutrality." Networks may soon become less neutral,
however, because of proposed regulatory changes and
corporate mergers among ISPs which could reduce
consumer choice. Neutrality has been seen as
beneficial for innovation and for democracy, since a
"tilted" Internet may shut out independent political
voices as well as small entrepreneurs. But neutrality
has potential drawbacks. It may discourage innovative
new services that require investment by an ISP, for
example, and reduce the Internet's stability and
security. Should ISPs be allowed to play favorites
among websites and offer non-neutral Internet
connections to their subscribers?
http://legalaffairs.org/webexclusive/debateclub_net-neutrality0506.msp

us: The World's Worst Internet Laws Sneaking Through
the Senate
The Convention on Cybercrime is a sweeping treaty that
has been waiting in the wings of the Senate for nearly
three years. Now the administration is putting
pressure on the Senate to ratify it in the next two
days. If it does, it would mean the U.S. would enforce
not just our own, but the rest of the world's bad Net
laws. Call your Senator now, and ask them to hold its
ratification.
http://www.eff.org/deeplinks/archives/004864.php

us: Senate ratifies treaty on cybercrime
The Senate has ratified a treaty under which the
United States will join more than 40 other countries,
mainly from Europe, in fighting crimes committed via
the Internet.
http://www.smh.com.au/articles/2006/08/05/1154198342696.html

us: Statement of Attorney General Alberto R. Gonzales
on the Passage of the Cybercrime Convention (news
release)
"The Cybercrime Convention - the first of its kind -
will be a key tool for the United States in fighting
global, information-age crime."
http://www.usdoj.gov/opa/pr/2006/August/06_ag_499.html

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INTERNET & NEW TECHNOLOGY USE
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Foster's beer shifts ad spending to Web
Australian brewing company Foster's will shift its ad
spending from television to the Internet, according to
a news report.
http://news.com.com/2100-1024_3-6102028.html
http://news.independent.co.uk/world/americas/article1212768.ece

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FILE SHARING
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French law affecting iPod and iTunes goes into effect
A closely watched French law that lets regulators
force Apple Computer Inc. to make its iPod player and
iTunes online store compatible with rival offerings
went into effect Thursday.
http://www.siliconvalley.com/mld/siliconvalley/news/editorial/15190139.htm
http://news.com.com/2100-1027_3-6102257.html

Europe to guzzle 70 million free iTunes songs
Apple Computer is teaming up with Coca-Cola in Europe
to give away about 70 million songs on its
market-leading iTunes Music Store--more than a third
of the total number of songs it has sold there to
date.
http://news.com.com/2100-1027_3-6101220.html

Apple denies iTunes contravenes consumer law
Apple Computer has rejected claims it is acting
illegally by only allowing music downloaded from its
iTunes online music store to be played on its own
digital music players. The decision sets the stage for
a long battle between consumer protection agencies
across the Nordic region and the US computer giant.
http://www.ft.com/cms/s/ec816d7e-226a-11db-bc00-0000779e2340.html

us: Record labels sue LimeWire
Some of the world's biggest record labels sued the
makers of the file-sharing program LimeWire on Friday,
saying the software allows users to download music
without paying for it.
http://go.reuters.co.uk/newsArticle.jhtml?type=internetNews&storyID=13091891

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COMMENT, MICROSOFT & DEVELOPMENTS
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How the web went world wide
In a few short years the web has become so familiar
that it is hard to think of life without it. Along
with that familiarity with browsers and bookmarks goes
a little knowledge about the web's history. Many users
know that Sir Tim Berners-Lee developed the web at the
Cern physics laboratory near Geneva. But few will know
the details of the world wide web's growth - not least
because the definitive history of how that happened
has yet to be written.
http://news.bbc.co.uk/2/hi/technology/5242252.stm

*****
VoIP
*****
Invention: VoIP mangling
A patent application from German company Infineon
reveals a technology for deliberately interfering with
internet telephony transmissions - or "voice over IP".
http://www.newscientisttech.com/article/dn9647?DCMP=NLC-nletter&nsref=dn9647

VoIP hacking exposed
Businesses who switch over to internet telephony
systems in a bid to slash telephony costs have been
warned to guard against hacking attacks.
http://www.theregister.co.uk/2006/08/03/voip_hacking_exposed/

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ARRESTS/COURT CASES FOR CHILD PORN
**********************************
au: Man Charged With Possession Of Child Pornography ?
State Crime Command (news release)
State Crime Command detectives have charged a
Wollongong man over the alleged possession of child
pornography.
http://police.nsw.gov.au/news/recent_media_unit_information?sq_content_src=aHR0cDovL2N1c3RvbXNjcmlwdHMucG9saWNlLm5zdy5nb3YuYXUvbmV3cy9kZXRhaWxzX21lZGlhLnBocD9NZWRpYUlEPTcyNTU%3D

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(c) David Goldstein 2006

David Goldstein
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