Y490 Politics of the Y490 Politics of the InternetInternetNovember 12, 2009November 12, 2009

Zittrain Contrasts PCs with iPhones

PC iPhone

Type of Technology

Generative Appliance

Type of Software

Open Proprietary

Type of Network

Anarchic Controlled

Problems with Generative Technologies and Anarchic Networks

Malware: worms, viruses, trojan horses Incompatibilities in hardware and software

which create difficulties for beginners (steep learning curves)

Use by criminals, political extremists, hate mongers, pornographers, child molesters, cyberstalkers

Vulnerability to cyber attacks of various kinds that go beyond malware (e.g. denial of service attacks, identity theft)

Identity TheftIdentity Theft The blanket term for any type of crime wherein the The blanket term for any type of crime wherein the

offender uses another individual’s legitimate personal offender uses another individual’s legitimate personal information to commit acts of fraud or deception, typically information to commit acts of fraud or deception, typically for illicit financial gainfor illicit financial gain

Where a person’s identification details are obtained Where a person’s identification details are obtained through various covert methods, from rifling through the through various covert methods, from rifling through the contents of household dustbins to “phishing.’ contents of household dustbins to “phishing.’

PhishingPhishing is a form of fraud where the criminal is a form of fraud where the criminal pretends to be a reputable organization that needs pretends to be a reputable organization that needs information about some business you may have information about some business you may have done with them done with them

Identity Theft and FraudIdentity Theft and Fraud Identity theft is not really a Identity theft is not really a

specific kind of fraud, but an specific kind of fraud, but an act that leads a person to act that leads a person to be able to commit fraudbe able to commit fraud

Fraud generally is the Fraud generally is the attempt to convince for any attempt to convince for any reason that you are reason that you are someone other then someone other then yourself.yourself.

FTC video on identity theft

Examples of Hate Speech on the Internet

Nazis and Neo-Nazis Sale of Nazi objects

(involving EBay) French policies

(involving Yahoo based sales of Nazi stuff)

Hate web sites

Three Areas of Law Relevant to Three Areas of Law Relevant to the Politics of the Internetthe Politics of the Internet

Intellectual propertyIntellectual property PrivacyPrivacy Free speechFree speech

Intellectual PropertyIntellectual Property

Patents, copyrights, trademarks, etc.Patents, copyrights, trademarks, etc. Previous examples of technological Previous examples of technological

change that made copyright laws change that made copyright laws necessary:necessary: Printing pressPrinting press Xerox machinesXerox machines VHS and Beta recordersVHS and Beta recorders

How Intellectual Property Differs How Intellectual Property Differs from Other Forms of Private from Other Forms of Private PropertyProperty

Granted only to create an incentive for Granted only to create an incentive for authors and other innovatorsauthors and other innovators

Does not imply “perfect control”Does not imply “perfect control” Important exceptions to perfect controlImportant exceptions to perfect control

Fair useFair use First sale rules (right to resell copyrighted First sale rules (right to resell copyrighted

material)material) Limited term (not allowed to extend copyright Limited term (not allowed to extend copyright

beyond time limit)beyond time limit)

Fair Use: The Betamax Fair Use: The Betamax CaseCase

Sony Corp. of America Sony Corp. of America v. Universal City v. Universal City Studios, 464 U.S. 417 Studios, 464 U.S. 417 (1984)(1984)

Company was not liable Company was not liable for creating a technology for creating a technology that some customers may that some customers may use for copyright infringing use for copyright infringing purposes, so long as the purposes, so long as the technology is capable of technology is capable of substantial non-infringing substantial non-infringing usesuses

Digital Rights ManagementDigital Rights Management Digital Millennium Copyright Act (DMCA) of Digital Millennium Copyright Act (DMCA) of

19981998 Inducing Infringement of Copyrights Act of Inducing Infringement of Copyrights Act of

2004 (S. 2560)2004 (S. 2560) Fear of file-sharing (RIAA and MPAA vs. Fear of file-sharing (RIAA and MPAA vs.

Napster, Kazaa, Grokster, Gnutella)Napster, Kazaa, Grokster, Gnutella) Family Entertainment and Copyright Act of Family Entertainment and Copyright Act of

20052005 The Broadcast Flag IssueThe Broadcast Flag Issue

NapsterNapster Napster was one of the first systems to utilize Napster was one of the first systems to utilize

on a large scale the peer to peer model of on a large scale the peer to peer model of sharing files. Peer to peer sharing occurs when sharing files. Peer to peer sharing occurs when computer networks use the bandwidth from the computer networks use the bandwidth from the peers that are logged on, rather than using a peers that are logged on, rather than using a relatively low number of servers to… share relatively low number of servers to… share content files containing audio, video, data etc.content files containing audio, video, data etc.

Many peer to peer networks are client server Many peer to peer networks are client server based, which alludes to the fact that a central based, which alludes to the fact that a central server tends to run middle communications in server tends to run middle communications in between the client, or user, and the server.between the client, or user, and the server.

Fair Use as Applied to Fair Use as Applied to File Sharing: NapsterFile Sharing: Napster

Copyright Copyright Infringement Lawsuit Infringement Lawsuit filed by RIAA in 1999filed by RIAA in 1999

Ninth circuit court Ninth circuit court issued an injunction issued an injunction ordering Napster to ordering Napster to shut down the siteshut down the site

Site shut down in Site shut down in July 2001July 2001

MGM v. Grokster (2005)MGM v. Grokster (2005)

Relying on the Betamax Relying on the Betamax decision, the Ninth Circuit decision, the Ninth Circuit ruled that the distributors of ruled that the distributors of Grokster and Morpheus P2P Grokster and Morpheus P2P file-sharing software cannot file-sharing software cannot be held liable for users' be held liable for users' copyright violationscopyright violations

Supreme Court set aside this Supreme Court set aside this decision, but did not overturn decision, but did not overturn the Betamax decisionthe Betamax decision

Grokster shut down in 2005Grokster shut down in 2005

How Torrents WorkHow Torrents WorkTorrents are peer to peer Torrents are peer to peer networks where all files are networks where all files are decentralized when downloading decentralized when downloading and uploading. So, for example, and uploading. So, for example, if I wanted to download a Led if I wanted to download a Led Zeppelin song or album for that Zeppelin song or album for that matter, I would type in what I am matter, I would type in what I am looking for on a website where looking for on a website where torrents are hosted. Then I torrents are hosted. Then I would have options of which would have options of which songs, albums, videos, etc. I songs, albums, videos, etc. I would like to download. Then I would like to download. Then I click the download now button, click the download now button, and if I possess the software to and if I possess the software to do so, which is free, and is do so, which is free, and is offered on a number of torrent offered on a number of torrent websites, and then it will begin to websites, and then it will begin to download. The following download. The following diagram helps to understand this diagram helps to understand this abstract idabstract ideaea

Cont.Cont.as you are downloading this as you are downloading this Led Zeppelin song, or Led Zeppelin song, or whatever you would like to whatever you would like to download, other users can download, other users can simultaneously download what simultaneously download what you have completed of the Led you have completed of the Led Zeppelin file even if it is not Zeppelin file even if it is not fully completed. When another fully completed. When another user is downloading a piece of user is downloading a piece of one of your files, you become a one of your files, you become a seeder, essentially the place seeder, essentially the place where the original file exists, or where the original file exists, or the seed. Seeing as this is an the seed. Seeing as this is an important concept, another important concept, another diagram illustrating a user’s diagram illustrating a user’s dual nature within each dual nature within each network is necessary.network is necessary.

The Attack on BitTorrentsThe Attack on BitTorrents

October 2006 October 2006 conviction of Grant conviction of Grant Stanley of Elite Stanley of Elite Torrents for conspiracy Torrents for conspiracy to commit copyright to commit copyright infringement under the infringement under the Family Entertainment Family Entertainment and Copyright Act of and Copyright Act of 20052005