Microsoft Corporation As Amicus Curiae in Support of Petitioner ————
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Internet Filtering: the Politics and Mechanisms of Control
2 Internet Filtering: The Politics and Mechanisms of Control Jonathan Zittrain and John Palfrey It seems hard to believe that a free, online encyclopedia that anyone can edit at any time could matter much to anyone. But just as a bee can fly despite its awkward physiognomy, Wikipedia has become wildly popular and enormously influential despite its unusual format. The topics that Wikipedians write about range more broadly than any other encyclopedia known to humankind. It has more than 4.6 million articles comprising more than a billion words in two hundred languages.1 Many Google search queries will lead to a Wikipedia page among the top search results. Articles in Wikipedia cover the Tiananmen Square pro- tests of 1989, the Dalai Lama, the International Tibet Independence Movement, and the Tai- wan independence movement. Appearing both in the English and the Chinese language versions of Wikipedia—each independently written—these articles have been written to speak from what Wikipedia calls a ‘‘neutral point of view.’’2 The Wikipedians’ point of view on some topics probably does not seem so neutral to the Chinese authorities. Wikipedia has grown so influential, in fact, that it has attracted the attention of China’s cen- sors at least three times between 2004 and 2006.3 The blocking and unblocking of Wikipedia in China—as with all other filtering in China, with- out announcement or acknowledgment—might also be grounded in a fear of the communal, critical process that Wikipedia represents. The purpose of Wikipedia is ‘‘to create and distrib- ute a multilingual free encyclopedia of the highest quality to every single person on the planet in their own language,’’4 and the means of creating it is through engagement of the public at large to contribute what it knows and to debate in earnest where beliefs differ, offering sources and arguments in quasiacademic style. -
Electronic Frontier Foundation November 9, 2018
Before the Department of Commerce National Telecommunications and Information Administration Developing the Administration’s Approach to Consumer Privacy Docket No. 180821780-8780-01 Comments of Electronic Frontier Foundation November 9, 2018 Submitted by: India McKinney Electronic Frontier Foundation 815 Eddy Street San Francisco, CA 94109 USA Telephone: (415) 436-9333 ext. 175 [email protected] For many years, EFF has urged technology companies and legislators to do a better job of protecting the privacy of technology users and other members of the public. We hoped the companies, who have spent the last decade collecting new and increasingly detailed points of information from their customers, would realize the importance of implementing meaningful privacy protections. But this year’s Cambridge Analytica scandal, following on the heels of many others, was the last straw. Corporations are willfully failing to respect the privacy of technology users, and we need new approaches to give them real incentives to do better—and that includes updating our privacy laws. EFF welcomes the opportunity to work with the Department of Commerce in crafting the federal government’s position on consumer privacy. The Request for Comment published in the Federal Register identifies seven main areas of discussion: Transparency, Control, Reasonable Minimization, Security, Access and Correction, Risk Management, and Accountability. These discussion points have been thoroughly analyzed by academics over the past decades, leading to recommendations like the Fair -
Understanding Microsoft Virtualization Solutions Ebook
MICROSOFT LICENSE TERMS MICROSOFT EBOOK These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the licensed content named above, which includes the media on which you received it, if any. By using the licensed content, you accept these terms. If you do not accept them, do not use the licensed content. If you comply with these license terms, you have the rights below. 1. OVERVIEW. Licensed Content. The licensed content includes the eBook and associated media. License Model. The licensed content is licensed on a per user per device basis. 2. INSTALLATION AND USE RIGHTS. a. General. One user may install and use one copy of the licensed content on a single computer. b. Portable Device. You may install an additional copy of the licensed content on a portable device for the exclusive use of the primary user of the first copy of the licensed content. 3. SCOPE OF LICENSE. The licensed content is licensed, not sold. This agreement only gives you some rights to use the licensed content. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the licensed content only as expressly permitted in this agreement. You agree Not to make copies of the licensed content; Not to distribute, rent, lease, lend, reproduce, transit, adapt, modify, link to, post, forward, make derivative works based upon, disseminate, publish or sublicense the licensed content or combine the licensed content with -
Locating and Extracting Digital Evidence from Hosted Virtual Desktop Infrastructures: Cloud Context
Locating and Extracting Digital Evidence from Hosted virtual desktop Infrastructures: Cloud Context NIRBHAY JAWALE B.C.I.S (AUT University) New Zealand A thesis submitted to the graduate faculty of Design and Creative Technologies AUT University in partial fulfilment of the Requirements for the degree of Master of Forensic Information Technology School of Computing and Mathematical Sciences Auckland, New Zealand 2010 II Declaration I hereby declare that this submission is my own work and that, to the best of my knowledge and belief, it contains no material previously published or written by another person nor material which to a substantial extent has been accepted for the qualification of any other degree or diploma of a University or other institution of higher learning, except where due acknowledgement is made in the acknowledgements. ........................... Signature III Acknowledgements This thesis was conducted at the Faculty of Design and Creative Technologies in the school of Computing and Mathematical Sciences at AUT University, New Zealand. During the course of writing this thesis, I have received a valuable support from many people. Firstly, I would like to thank my family for their blessings, encouragement and believing that I could get through this study. Secondly, I am deeply thankful and honored by having Professor Ajit Narayanan as my thesis supervisor. This thesis would not have been possible without his guidance, encouragement and interest; he took to supervise my thesis topic. I very much enjoyed the critical discussions and comments on my research topic with Professor Ajit Narayanan, this thesis would not have been in the present form without his valuable contribution. -
A Shared Digital Future? Will the Possibilities for Mass Creativity on the Internet Be Realized Or Squandered, Asks Tony Hey
NATURE|Vol 455|4 September 2008 OPINION A shared digital future? Will the possibilities for mass creativity on the Internet be realized or squandered, asks Tony Hey. The potential of the Internet and the attack, such as that dramatized in web for creating a better, more inno- the 2007 movie Live Free or Die vative and collaborative future is Hard (also titled Die Hard 4.0). discussed in three books. Together, Zittrain argues that security they make a convincing case that problems could lead to the ‘appli- we are in the midst of a revolution ancization’ of the Internet, a return as significant as that brought about to managed interfaces and a trend by Johannes Gutenberg’s invention towards tethered devices, such as of movable type. Sharing many the iPhone and Blackberry, which WATTENBERG VIÉGAS/M. BERTINI F. examples, notably Wikipedia and are subject to centralized control Linux, the books highlight different and are much less open to user concerns and opportunities. innovation. He also argues that The Future of the Internet the shared technologies that make addresses the legal issues and dan- up Web 2.0, which are reliant on gers involved in regulating the Inter- remote services offered by commer- net and the web. Jonathan Zittrain, cial organizations, may reduce the professor of Internet governance user’s freedom for innovation. I am and regulation at the Univ ersity of unconvinced that these technologies Oxford, UK, defends the ability of will kill generativity: smart phones the Internet and the personal com- are just computers, and specialized puter to produce “unanticipated services, such as the image-hosting change through unfiltered con- An editing history of the Wikipedia entry on abortion shows the numerous application SmugMug, can be built tributions from broad and varied contributors (in different colours) and changes in text length (depth). -
SCRAPING PHOTOGRAPHS Maggie King
SCRAPING PHOTOGRAPHS Maggie King INTRODUCTION ................................................................ 188 I. TECHNICAL BACKGROUND ON SCRAPING ................................... 190 A. How to Scrape a Photograph ....................................... 190 B. Why Scrape a Photograph? ......................................... 192 II. THE LAW OF SCRAPING ................................................... 193 A. CFAA Claims ......................................................... 194 1. CFAA Background: Ambiguous Statutory Language ......... 194 2. CFAA Scraping Claims in Caselaw .............................. 195 B. Contract Claims ..................................................... 197 C. Copyright Claims .................................................... 198 III. SCRAPING PHOTOGRAPHS ............................................. 200 A. Copyright and Photographs ........................................ 201 1. Analogous scraping activities are fair use ..................... 202 2. Face Scans are not protectible derivative works. ............ 203 B. Data Ownership ..................................................... 205 1. Non-exclusive licenses bar platforms from asserting claims for user-generated data ............................................... 205 2. Paths to asserting user claims directly ........................ 206 IV. UNRESTRICTED SURVEILLANCE AND STRONGER PROTECTIONS FOR CYBERPROPERTY .............................................................. 207 CONCLUSION ................................................................. -
Reconciling a Global Internet and Local Law
Research Publication No. 2003-03 5/2003 Be Careful What You Ask For: Reconciling a Global Internet and Local Law Jonathan Zittrain This paper can be downloaded without charge at: The Berkman Center for Internet & Society Research Publication Series: http://cyber.law.harvard.edu/publications The Social Science Research Network Electronic Paper Collection: http://papers.ssrn.com/abstract_id=395300 Be Careful What You Ask For: Reconciling a Global Internet and Local Law Jonathan Zittrain† We used to speak accurately of the Internet, a single logical network of entities only a click away from each other, no matter how distant in physical space. That was certainly the ambitious intention of those who designed it; they sought to integrate lots of existing little networks, running on a variety of physical media, into a coherent whole. They succeeded, and the resulting network and corresponding protocols absorbed almost every other more localized or proprietized network design effort. A globalized Internet running on open protocols meant that users could disregard both their own physical location and that of anyone they traded bits with; an occasional slow-to-respond (even while lightly-trafficked) Web site might be the only betrayal of physical distance online for the average user. Web site operators, in turn, embraced the idea that setting up a single site would expose its contents to the entire Net-connected populace, wherever it might be geographically found. This cherished fact of Internet life promptly spawned a complementary set of problems loosely categorized as “jurisdictional.” At their core lay the fact that perceived serious harm – to one’s reputation, digital property, peace of mind, or computer network – could now easily originate at a distance and follow a path in between accuser and accused that traversed the physical territories of any number of sovereigns. -
Copyright and Copy-Reliant Technology. Matthew As G Loyola University Chicago, [email protected]
Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2009 Copyright and Copy-Reliant Technology. Matthew aS g Loyola University Chicago, [email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Law Commons Recommended Citation Sag, Matthew, Copyright and Copy-Reliant Technology,103 NU L.R. 1607 (2009) This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. Copyright 2009 by Northwestern University School of Law Printed in U.S.A. Northwestern University Law Review Vol. 103, No. 4 COPYRIGHT AND COPY-RELIANT TECHNOLOGY Matthew Sag* INTRODUCTION ........................................................................................................... 1607 I. COPY-RELIANT TECHNOLOGIES AND THE INTERNET ............................................ 1610 A. New Technologies, Copyright Markets, and Copyright Law ..................... 1611 B. Four Case Studies of Copy-Reliant Technology ........................................ 1616 II. THE DOCTRINAL IMPLICATIONS OF NONEXPRESSIVE USE .................................... 1624 A. The Principle of Nonexpressive Use ......................................................... 1624 B. Doctrinal Incorporation of Nonexpressive Use ......................................... 1639 C. Fair Use and Nonexpressive Use ............................................................. -
Rethinking Anticircumvention's Interoperability Policy
Case Western Reserve University School of Law Scholarly Commons Faculty Publications 2009 Rethinking Anticircumvention's Interoperability Policy Aaron K. Perzanowski Case Western University School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.case.edu/faculty_publications Part of the Intellectual Property Law Commons Repository Citation Perzanowski, Aaron K., "Rethinking Anticircumvention's Interoperability Policy" (2009). Faculty Publications. 44. https://scholarlycommons.law.case.edu/faculty_publications/44 This Article is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Rethinking Anticircumvention’s Interoperability Policy Aaron K. Perzanowski* Interoperability is widely touted for its ability to spur incremental innovation, increase competition and consumer choice, and decrease barriers to accessibility. In light of these attributes, intellectual property law generally permits follow-on innovators to create products that interoperate with existing systems, even without permission. The anticircumvention provisions of the Digital Millennium Copyright Act (“DMCA”) represent a troubling departure from this policy, resulting in patent-like rights to exclude technologies that interoperate with protected platforms. Although the DMCA contains internal safeguards to preserve interoperability, judicial misinterpretation and narrow statutory text render those safeguards largely ineffective. One approach to counteracting the DMCA’s restrictions on interoperability is to rely on antitrust scrutiny and the resulting mandatory disclosure of technical information. However, both doctrinal and policy considerations suggest that antitrust offers a less than ideal means of lessening the DMCA’s impact on interoperability. -
Haggart EFF and the Political Economy of the American Digital
1 The Electronic Frontier Foundation and the Political Economy of the American Digital Rights Movement Abstract: As one of the world’s most prominent (if not the most prominent) digital-rights group, and one with a reputation for principled stands, EFF’s views on digital-platform regulation have an outsized influence on policy options not only in the United States, but abroad. Systematically outlining EFF’s digital political economy thus helps to highlight how it defines the issue, and whose interests it promotes. To analyze the EFF’s economic ideology, this paper proposes a five- point framework for assessing the political economy of knowledge that draws on Susan Strange’s theories of structural power and the knowledge structure. It focuses on the control of key forms of knowledge, the role of the state and borders, and attitudes toward surveillance. The paper applies this framework primarily to four years (2015-2018) of EFF blog postings in its annual “Year in Review” series on its “Deeplinks” blog (www.eff.org/deeplinks), drawing out the specific themes and focuses of the organization, including the relative prevalence of economic versus non-economic (such as, for example, state surveillance) issues. The revealed ideology – favouring American-based self-regulation, individual responsibility for privacy, relative support for corporate surveillance, minimalist intellectual property protection, and free cross-border data flows – mirrors the interests of the large American internet platforms. Blayne Haggart Associate Professor, Department of Political Science Brock University St. Catharines, Canada Research Fellow Centre for Global Cooperation Research University of Duisburg-Essen Duisburg, Germany [email protected] Paper presented at the annual International Studies Association Meeting, Toronto, ON, March 27-30, 2019 2 Draft paper. -
What Larry Doesn't Get: a Libertarian Response to Lessig's Code And
What Larry Doesn’t Get: A Libertarian Response to Lessig’s Code and Other Laws of Cyberspace Independent Institute Working Paper #21 David Post February 2000 What Larry Doesn't Get: A Libertarian Response to Code, and Other Laws of Cyberspace Version Dated January 5, 2000 David G. Post1 As I was preparing this essay and organizing my thoughts about Lawrence Lessig's Code and Other Laws of Cyberspace,2 I was asked to speak at a panel discussion about the problem of unwanted and unsolicited e-mail ("spam") at Prof. Lessig's home institution, Harvard Law School's Berkman Center for Internet and Society.3 The discussion focussed on one particular anti-spam institution, the "Mail Abuse Prevention System" (MAPS); Paul Vixie, the developer and leader of MAPS, was also a participant at this event. MAPS attacks the problem of spam by coordinating a kind of group boycott by Internet service providers (ISPs). It operates, roughly, as follows.4 The managers of MAPS create a list -- the "Realtime Blackhole List" (RBL) -- of ISPs who are, in their view, fostering the distribution of spam. MAPS has its own definition of "fostering the distribution of spam"; it means, for example, providing "spam support services" (e.g., hosting web pages that are listed as destination addresses in bulk emails, providing e-mail forwarders or auto-responders that can be used by bulk emailers), or allowing "open- 1Associate Professor of Law, Temple University Beasley School of Law; [email protected]. Many thanks to Dawn Nunziato and David Johnson for illuminating conversations about earlier drafts of this essay, to Bill Scheinler for his always-helpful research assistance, and to Larry Lessig, for sharing his thoughts on these matters (as well as a searchable electronic version of an early draft of his manuscript) with me. -
Protecting Fundamental Rights Online in the Algorithmic Society
From Constitutional Freedoms to the Power of the Platforms: Protecting Fundamental Rights Online in the Algorithmic Society Giovanni De Gregorio* Summary: 1. Introduction. – 2. From Public to Private as from Atoms to Bits: the Reasons for a Governance Shift. – 3. Delegated Exercise of Quasi-Public Powers Online. 3.1 The Online Content Management. 3.2 The Right to Be Forgotten Online. – 4. Autonomous Exercise of Quasi- Public Powers Online. Towards a private constitutional order or an absolute regime? – 5. Solutions and Perspectives. 5.1 An Old-School Solution: Nudging Online Platforms to Behave as Public Actors. 5.2 An Innovative Solution: Enforcement of Fundamental Rights. – 6. Conclusion: Digital Humanism v Techno-Authoritarianism. 1. Introduction In recent decades, globalisation has challenged the boundaries of constitutional law by calling traditional legal categories into question.1 The internet has played a pivotal role in this process.2 On the one hand, this new protocol of communication has enabled the expanded exercise of individuals' fundamental rights such as freedom of expression.3 On the other hand, unlike other ground-breaking channels of communication, the cross-border nature of the internet has weakened the power of constitutional states, not only in terms of the territorial application of sovereign powers vis-à-vis other states but also with regard to the protection of fundamental rights in the online environment. It should come as no surprise that, from a transnational constitutional perspective, one of the main concerns of states is the limitations placed on their powers to address global phenomena occurring outside their territory.4 The development of the internet has allowed new businesses to exploit the opportunities deriving from the use of a low-cost global communication technology for delivering services without any physical burden, regardless of their location.