Anonymity

"Freedom of anonymous speech is an essential component of free speech."

Ian Goldberg/David Wagner, TAZ Servers and the Rewebber Network: Enabling Anonymous Publishing on the World Wide Web, in: First Monday 3,4, 1999

Someone wants to hide one's identity, to remain anonymous, if s/he fears to be holding accountable for something, say, a publication, that is considered to be prohibited. Anonymous publishing has a long tradition in European history. Writers of erotic literature or pamphlets, e. g., preferred to use pseudonyms or publish anonymously. During the Enlightenment books as d'Alembert's and Diderot's famous Encyclopaedia were printed and distributed secretly. Today Book Locker, a company selling electronic books, renews this tradition by allowing to post writings anonymously, to publish without the threat of being perishing for it. Sometimes anonymity is a precondition for reporting human rights abuses. For example, investigative journalists and regime critics may rely on anonymity. But we do not have to look that far; even you might need or use anonymity sometimes, say, when you are a woman wanting to avoid sexual harassment in chat rooms.

The original design of the Net, as far as it is preserved, offers a relatively high degree of privacy, because due to the client-server model all what is known about you is a report of the machine from which information was, respectively is requested. But this design of the Net interferes with the wish of corporations to know you, even to know more about you than you want them to know. What is euphemistically called customer relationship management systems means the collection, compilation and analysis of personal information about you by others.

In 1997 America Online member Timothy McVeigh, a Navy employee, made his homosexuality publicly known in a short autobiographical sketch. Another Navy employee reading this sketch informed the Navy. America Online revealed McVeigh's identity to the Navy, who discharged McVeigh. As the consequence of a court ruling on that case, Timothy McVeigh was allowed to return to the Navy. Sometimes anonymity really matters.

On the Net you still have several possibilities to remain anonymous. You may visit web sites via an anonymizing service. You might use a Web mail account (given the personal information given to the web mail service provider is not true) or you might use an anonymous remailing service which strips off the headers of your mail to make it impossible to identify the sender and forward your message. Used in combination with encryption tools and technologies like FreeHaven or Publius anonymous messaging services provide a powerful tool for countering censorship.

In Germany, in 1515, printers had to swear not to print or distribute any publication bypassing the councilmen. Today repressive regimes, such as China and Burma, and democratic governments, such as the France and Great Britain, alike impose or already have imposed laws against anonymous publishing on the Net.

Anonymity might be used for abuses, that is true, but "the burden of proof rests with those who would seek to limit it. (Rob Kling, Ya-ching Lee, Al Teich, Mark S. Frankel, Assessing Anonymous Communication on the Internet: Policy Deliberations, in: The Information Society, 1999).

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Challenges for Copyright by ICT: Digital Content Providers

Providers of digital information might be confronted with copyright related problems when using some of the special features of hypertext media like frames and hyperlinks (which both use third party content available on the Internet to enhance a webpage or CD ROM), or operate a search engine or online directory on their website.

Framing

Frames are often used to help define, and navigate within, a content provider's website. Still, when they are used to present (copyrighted) third party material from other sites issues of passing off and misleading or deceptive conduct, as well as copyright infringement, immediately arise.

Hyperlinking

It is generally held that the mere creation of a hyperlink does not, of itself, infringe copyright as usually the words indicating a link or the displayed URL are unlikely to be considered a "work". Nevertheless if a link is clicked on the users browser will download a full copy of the material at the linked address creating a copy in the RAM of his computer courtesy of the address supplied by the party that published the link. Although it is widely agreed that the permission to download material over the link must be part of an implied license granted by the person who has made the material available on the web in the first place, the scope of this implied license is still the subject of debate. Another option that has been discussed is to consider linking fair use.

Furthermore hyperlinks, and other "information location tools", like online directories or search engines could cause their operators trouble if they refer or link users to a site that contains infringing material. In this case it is yet unclear whether providers can be held liable for infringement.

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Louis Braille

b. Jan. 4, 1809, Coupvray, near Paris, France
d. Jan. 6, 1852, Paris, France

Educator who developed a system of printing and writing that is extensively used by the blind and that was named for him. Himself blind Braille became interested in a system of writing, exhibited at the school by Charles Barbier, in which a message coded in dots was embossed on cardboard. When he was 15, he worked out an adaptation, written with a simple instrument, that met the needs of the sightless. He later took this system, which consists of a six-dot code in various combinations, and adapted it to musical notation. He published treatises on his type system in 1829 and 1837.

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Cutting

The cutting of pictures in movies or photographs is highly manipulative: it is easy to produce a new video out of an already existing one. The result is a form of manipulation that is difficult to contradict. A reputation destroyed by this, is nearly impossible to heal.

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