inf 128: principles of informatics who controls information? inf 128: principles of informatics
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INF 128: Principles of Informatics
Who Controls Information?
INF 128: Principles of Informatics
INF 128: Principles of Informatics
LICRA v. Yahoo!
INF 128: Principles of Informatics
Wang Xiaoning
INF 128: Principles of Informatics
The Problem
Anyone can put information on the Internet that people in any country can access.
Which country’s laws apply?– Copyright– Racist speech– Pornography– Cybercrime
INF 128: Principles of Informatics
Topics
1. Copyright and patents2. DMCA and DRM3. Geography and Information4. Whose laws apply to the Internet?5. How can countries govern the net?6. Network neutrality
INF 128: Principles of Informatics
If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.- Thomas Jefferson
Non-exclusionary
Non-rivalrous
INF 128: Principles of Informatics
Public and Private Goods
INF 128: Principles of Informatics
Patents
A patent enables the holder to prohibit others from making, using, selling, offering for sale, or importing the patented invention for a period of 20 years from the filing date.
INF 128: Principles of Informatics
Patent Growth
INF 128: Principles of Informatics
Patent Lawsuits
INF 128: Principles of Informatics
CopyrightStatue of Anne 1710 Copyright Act of 1790
US Constitution Article I Section 8 Clause 8 grants Congress the power “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
U.S. copyright law generally gives the author/creator or owner of an original creative work a limited term monopoly on
1. Reproduction or distribution of the original work to the public2. Creation of new works based upon the original work 3. Performance or other public displays of the work
INF 128: Principles of Informatics
What’s Protected by Copyright
What’s Protected• Literary works• Music and lyrics• Dramatic works and music• Photographs and paintings• Sculptures• Movies• Computer software• Audio recordings• Architectural works• Any of these since 1978
without a copyright notice
What’s Not Protected• Titles, names, short phrases• Numbers• Ideas and facts• Works that are not in a fixed
form, i.e. a song you just made up but not recorded
• Processes and systems• Federal government works• Public domain works• Works before 1978 without a
copyright notice
INF 128: Principles of Informatics
Plagiarism ≠ Copyright
Plagiarism is a moral concept– Use of a work without giving credit– Focuses on reputation of author and plagiarist
Copyright is a legal concept– Use of a work without receiving permission– Focuses on monetary loss or criminal damages
Plagiarism can occur without copyright infringement– Quoting small pieces without attribution may not violate copyright
but is still plagiarism– Hiring someone to create a work for you and grant you the copyright
so you can legally submit it was your own work is still plagiarism
INF 128: Principles of Informatics
Copyright is a Balance
Copyright limits free speech and free markets– So that authors can receive compensation in a market where
supply is effectively infinite since goods are non-rivalrous and non-exclusionary, driving prices to zero
If copyright provides too much protection– Authors can squash criticism of their works as derivative works
or prevent use of quotes/clips– New works cannot be built on older works, as current English
literature is built on Bible, Shakespeare, and other prior authors
– Secondary liability for contributory infringement may prevent creation of copying devices like computers
INF 128: Principles of Informatics
INF 128: Principles of Informatics
Expansion of US Copyright Terms
INF 128: Principles of Informatics
Does © stop you from taking notes?
http://www.utsystem.edu/ogc/intellectualproperty/lectures.htm
INF 128: Principles of Informatics
Fair UseThe purpose and character of the use of copyrighted work
Transformative quality - Use work in new way (criticism, parody)Commercial or noncommercial - Noncommercial more likely fair
The nature of the copyrighted workMore likely fair when work is factual rather than creative.
The amount of portion used in relation to the whole work
How much of copyrighted work did you use in the new work?
Effect of use upon potential market for the copyrighted workUses of copyrighted material that serve a different audience or purpose are more likely to be considered fair.
INF 128: Principles of Informatics
INF 128: Principles of Informatics
Copyright Legislation
Congress referees writing of legislationActual laws written by committees of organizations impacted by legislation
Publishers Distributors American Library Association Others as specified by Congress
INF 128: Principles of Informatics
Sony Safe Harbor
“…the sale of copying equipment, like the sale of other articles of commerce, does not constitute contributory infringement if the product is widely used for legitimate, unobjectionable purposes. Indeed, it need merely be capable of substantial non-infringing uses.”
“I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone.” – MPAA head Jack Valenti to US Congress, 1982
INF 128: Principles of Informatics
Peer to Peer
While Napster did not directly infringe on music copyrights, contributory infringement (providing an index to copyrighted works) is also against the law.
INF 128: Principles of Informatics
DRMTechnology to restrict users access to digital media.Restrictions can go far beyond those of copyright to impose:
Region coding Limited number of views Expiration of media
and to prevent: Time shifting Fair use clips and quotes Text to speech Unauthorized hardware
INF 128: Principles of Informatics
INF 128: Principles of Informatics
DMCA
Since DVDs are encrypted, DMCA violations include: Writing a DVD player program without licensing the
encryption technology, even if you could figure out how to decrypt on your own or use an open source decrypter.
Extracting snippets of video for criticism or parody that would be permitted under fair use.
Copying a DVD whose copyright had expired.
1201(a)(2): No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that—is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title;
INF 128: Principles of Informatics
DMCA Consequences
Censorware research obstructed– Censorware encrypts list of censored sites, so to determine which
sites are blocked requires circumvention
File format conversions lead to jail– Russian programmer Dmitry Sklyarov was detained for 5 months
for writing software to translate Adobe e-books to PDFs without DRM to allow fair use such as speech, printing.
Security research suppressed– Princeton researchers threatened over watermark paper; only a
lawsuit allows eventual publication.– Blackboard got court order to stop security presentation.– Some researchers stop publishing or travel to U.S.
INF 128: Principles of Informatics
Does the DMCA ban these?
http://www.cs.cmu.edu/~dst/DeCSS/Gallery/Stego/dietrich-dna.txt
INF 128: Principles of Informatics
Whose laws apply on the Internet?
INF 128: Principles of Informatics
Whose laws apply?
INF 128: Principles of Informatics
Where to Regulate the Internet?
INF 128: Principles of Informatics
Internet Censorship Map
INF 128: Principles of Informatics
Sealand
INF 128: Principles of Informatics
How can countries govern the net?
• Sender (or assets) in jurisdiction.• Receiver (or assets) in jurisdiction.• Sender or receiver ISP in jurisdiction.• Third party in jurisdiction.– Ex: banks, credit card companies.
• Block IP addresses• Remove their DNS names
INF 128: Principles of Informatics
DNS Name Seizures
IP address
INF 128: Principles of Informatics
Name ResolutionHow does your PC get to www.nku.edu?– IP only understands IP addresses as destinations– Solution: ask a server to map the name to an IP
Problems– Need lots of servers to serve entire Internet– What if NKU wants to change the IP address of
www.nku.edu? Who controls name mapping?
Solution– Use distributed database with servers in many locations– Let different parties control their own parts of database– Solution called Domain Name System (DNS)
INF 128: Principles of Informatics
DNS is Organized as a TreeRoot of the DNS tree
All searches start here
INF 128: Principles of Informatics
Name Resolution with DNS
www.nku.edu
ISPName Server
DNSCache
ww
w.n
ku.e
duch
eck
192.
122.
237.
7ye
sedu
Root name server(a.root-servers.net)
.edu name server(a.edu-servers.net)
.nku.edu name server(ns3.nku.edu)
nku.edu
www.nku.edu
INF 128: Principles of Informatics
DNS Delegation
INF 128: Principles of Informatics
Why does DNS matter?
Control over DNS = control over Internet– Bank Julius Baer v. Wikileaks lawsuit resulting in
injunction removing DNS entries for wikileaks.org– DNS cache poisoning attacks redirect connections
to your bank to a fake web site to capture logins
Who controls your DNS?– Your local DNS server owner (usually your ISP)– Owners of the root DNS servers
INF 128: Principles of Informatics
Internet Corporation for Assigned Names and Numbers
Non-profit organization at USC that– Manages root DNS servers– Allocates IP addresses
Originally created and run by US government– Controversial in EU, China, UN– Independent as of Sept 30, 2009
Alternative to ICANN– Multiple DNS trees with their own roots– Name resolution varies based on geography
INF 128: Principles of Informatics
Top Level DomainsSuffix Purpose Example
com Commercial organizations (businesses) intel.com
edu Educational organizations (universities) nku.edu
gov Government organizations kentucky.gov
mil Military organizations army.mil
net Networking organizations (ISPs) sprint.net
org Noncommercial organizations ietf.org
int International organizations nato.int
info Informational sites cat.info
at Country code for Austria austria.at
…
uk Country code for United Kingdom bbc.co.uk
us Country code for United States gov.state.ky.us
Gen
eric
TLD
scc
TLD
s
INF 128: Principles of Informatics
The Net: Place or Medium?
Metaphors change governance models– Publishing: responsible for content
Prodigy became a publisher, not a distributor, since they monitored and censored forum posts
– Broadcasting: no content responsibility, but FCA– Location: free speech, no FCA– Library: borrow documents– Bookstore: purchase documents– Telephone: VoIP
INF 128: Principles of Informatics
Reminder: What is the Internet?1. It’s not a thing; it’s an agreement.
The Internet Protocol is a definition specifying how different networks can intercommunicate.
2. The Internet is stupid.The Internet doesn’t know who you are, doesn’t care what applications you use; it just moves bits. It doesn’t know if the bits are email, IM, phone calls, video, web, etc.
3. Intelligence exists on the edges.Devices on the edges run programs that give meaning to bits: phone calls, web, email, IM, video, etc. Anyone can invent a new service since it’s just bits. Innovation happens at the edges.
4. No one owns it, but anyone can use it.Internet backbone lines and equipment owned by dozens of different companies around the world. Edge devices are yours.
INF 128: Principles of Informatics
Network Neutrality
No bit should be prioritized over another.– No matter what type of information is encoded.
Applies to other networks as well– Use of any appliance on the electrical network.– Applied to telegraph network before Internet.
The alternative: tiered Internet– People and companies pay for high or low speed.– OR people pay for specific services: VoIP, video, p2p.
INF 128: Principles of Informatics
Netflix comes out in favor of NN"The Commission must assure that specialized services do not, in effect, transform the public Internet into a private network in which access is not open but is controlled by the network operator, and innovative Internet-based enterprises are permitted effective access to their consumers only if the enterprises pay network operators unreasonable fees or are otherwise seen by such network operators as not threatening a competitive venture."
Netflix FCCcomments
INF 128: Principles of Informatics
Packet Discrimination
What happens when a packet arrives and the destination link is busy?
The packet is saved in a memory buffer.
What happens when the buffer is full?The router drops a packet.
Which packet do your drop?Drop oldest or newest.Drop lowest priority packet.
INF 128: Principles of Informatics
Types of Discrimination
Minimal discrimination– Only drop or delay packets based on priorities when
router’s buffer is full.
Non-minimal discrimination– Reserve percentage of bandwidth for high priority
packets even if there is buffer space or bandwidth to use for low priority packets.
– Ex: 80% high-priority, 20% low priority, so low priority packets will never get more than 20% of bandwidth.
INF 128: Principles of Informatics
Discrimination Consequences
• Innovation is harder at the edges.• Control moves to the center.• Discrimination hurts some applications more
than others; VoIP depends on small delays.• The Internet depends on voluntary congestion
control at TCP layer; discrimination will lead to people defecting from this control, leading to unpredictable effects on traffic.
• Anti-discrimination rules can be hard to enforce.
INF 128: Principles of Informatics
Key Points
1. DNS is a distributed db that maps names to IPs1. Tree structure with control delegated to branches2. ICANN controls root DNS servers (and thus TLDs)3. Your ISP controls your local DNS
2. Network neutrality1. Principle that no bit should be prioritized over another2. Keeps control and innovation at network edges
3. Copyright and patents1. Differences between property and “intellectual property”2. Expansion of copyrights and patents
4. DRM is technology that restricts your use of tech1. DMCA legally prevents people from bypassing DRM
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