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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Problems of Copyright Management and Control Technologies

Profiling and Data Mining

At their most basic copyright management and control technologies might simply be used to provide pricing information, negotiate the purchase transaction, and release a copy of a work for downloading to the customer's computer. Still, from a technological point of view, such systems also have the capacity to be employed for digital monitoring. Copyright owners could for example use the transaction records generated by their copyright management systems to learn more about their customers. Profiles, in their crudest form consisting of basic demographic information, about the purchasers of copyrighted material might be created. Moreover copyright owners could use search agents or complex data mining techniques to gather more information about their customers that could either be used to market other works or being sold to third parties.

Fair Use

Through the widespread use of copyright management and control systems the balance of control could excessively be shifted in favor of the owners of intellectual property. The currently by copyright law supported practice of fair use might potentially be restricted or even eliminated. While information in analogue form can easily be reproduced, the protection of digital works through copyright management systems might complicate or make impossible the copying of material for purposes, which are explicitly exempt under the doctrine of fair use.

Provisions concerning technological protection measures and fair use are stated in the DMCA, which provides that "Since copying of a work may be a fair use under appropriate circumstances, section 1201 does not prohibit the act of circumventing a technological measure that prevents copying. By contrast, since the fair use doctrine is not a defense e to the act of gaining unauthorized access to a work, the act of circumventing a technological measure in order to gain access is prohibited." Also the proposed EU Directive on copyright and related rights in the information society contains similar clauses. It distinguishes between the circumvention of technical protection systems for lawful purposes (fair use) and the circumvention to infringe copyright. Yet besides a still existing lack of legal clarity also very practical problems arise. Even if the circumvention of technological protection measures under fair use is allowed, how will an average user without specialized technological know-how be able to gain access or make a copy of a work? Will the producers of copyright management and control systems provide fair use versions that permit the reproduction of copyrighted material? Or will users only be able to access and copy works if they hold a digital "fair use license" ("fair use licenses" have been proposed by Mark Stefik, whereby holders of such licenses could exercise some limited "permissions" to use a digital work without a fee)?

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Gateway

A gateway is a computer supplying point-to-multipoint connections between computer networks.

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WIPO

The World Intellectual Property Organization is one of the specialized agencies of the United Nations (UN), which was designed to promote the worldwide protection of both industrial property (inventions, trademarks, and designs) and copyrighted materials (literary, musical, photographic, and other artistic works). It was established by a convention signed in Stockholm in 1967 and came into force in 1970. The aims of WIPO are threefold. Through international cooperation, WIPO promotes the protection of intellectual property. Secondly, the organization supervises administrative cooperation between the Paris, Berne, and other intellectual unions regarding agreements on trademarks, patents, and the protection of artistic and literary work and thirdly through its registration activities the WIPO provides direct services to applicants for, or owners of, industrial property rights.

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