Positions Towards the Future of Copyright in the "Digital Age" With the development of new transmission, distribution and publishing technologies and the increasing digitalization of information copyright has become the subject of vigorous debate. Among the variety of attitudes towards the future of traditional copyright protection two main tendencies can be identified: Eliminate Copyright Anti-copyrightists believe that any Enlarge Copyright Realizing the growing economic importance of intellectual property, especially the holders of copyright (in particular the big publishing, distribution and other | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Recent "Digital Copyright" Legislation: U.S. DMCA (Digital Millennium Copyright Act) The debates in the House and Senate preceding the signing into law of the DMCA by U.S. President Clinton in October 1998 indicated that the principal object of the Act is to promote the U.S. economy by establishing an efficient Internet marketplace in copyrighted works. The DMCA implements the two 1996 A full-text version of the DMCA is available from: The Library of Congress: Thomas (Legislative Information on the Internet): Moreover the U.S. Copyright Office provides a memorandum, which briefly summarizes each of the five titles of the DMCA (pdf format): The DMCA has been criticized for not clarifying the range of legal principles on the liability of ISPs and creating exceptions to only some of the provisions; therefore giving copyright owners even more rights. Among the variety of comments on the DMCA are: Lutzker, Arnold P.: Primer on the Digital Millennium: What the Digital Millennium Copyright Act and the Copyright Term Extension Act Mean for the Library Community. Lutzker & Lutzker law firm and the Association of Research Libraries: The Digital Millennium Copyright Act: Highlights of New Copyright Provision Establishing Limitation of Liability for Online Service Providers. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Challenges for Copyright by ICT: Copyright Owners The main concern of copyright owners as the (in terms of Reproduction and Distribution Unlike copies of works made using analog copiers (photocopy machines, video recorders etc.) digital information can be reproduced extremely fast, at low cost and without any loss in quality. Since each copy is a perfect copy, no quality-related limits inhibit pirates from making as many copies as they please, and recipients of these copies have no incentive to return to authorized sources to get another qualitatively equal product. Additionally the costs of making one extra copy of intellectual property online are insignificant, as are the distribution costs if the copy is moved to the end user over the Internet. Control and Manipulation In cross-border, global data networks it is almost impossible to control the exploitation of protected works. Particularly the use of anonymous remailers and other existing technologies complicates the persecution of pirates. Also digital files are especially vulnerable to manipulation, of the work itself, and of the (in some cases) therein-embedded | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Atrocity Stories Atrocity stories are nothing else than lies; the two words "atrocity stories" simply pretend to be more diplomatic. The purpose is to destroy an image of the enemy, to create a new one, mostly a bad one. The story creating the image is not necessarily made up completely. It can also be a changed into a certain variable direction. The most important thing about atrocity stories is to follow the line of possibility. Even if the whole story is made up it must be probable or at least possible, following rumors. Most successful might it be if a rumor is spread on purpose, some time before the atrocity story is launched, because as soon as something seems to be familiar, it is easier to believe it. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Economic structure; transparent customers Following the dynamics of informatised economies, the consumption habits and lifestyles if customers are of great interest. New technologies make it possible to store and combine collected data of an enormous amount of people. User profiling helps companies understand what potential customers might want. Often enough, such data collecting takes place without the customer's knowledge and amounts to spying. "Much of the information collection that occurs on the Internet is invisible to the consumer, which raises serious questions of fairness and informed consent." (David Sobel, Electronic Privacy Information Center) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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The Copyright Industry Copyright is not only about protecting the rights of creators, but has also become a major branch of industry with significant contributions to the global economy. According to the In an age where knowledge and information become more and more important and with the advancement of new technologies, transmission systems and distribution channels a further increase in the production of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Linking and Framing: Cases Mormon Church v. Sandra and Jerald Tanner In a ruling of December 1999, a federal judge in Utah temporarily barred two critics of the Mormon Church from posting on their website the Internet addresses of other sites featuring pirated copies of a Mormon text. The Judge said that it was likely that Sandra and Jerald Tanner had engaged in contributory copyright infringement when they posted the addresses of three Web sites that they knew, or should have known, contained the copies. Kaplan, Carl S.: Universal Studios v. Movie-List The website Movie-List, which features links to online, externally hosted movie trailers has been asked to completely refrain from linking to any of Universal Studio's servers containing the trailers as this would infringe copyright. Cisneros, Oscar S.: Universal: Don't Link to Us. In: More cases concerned with the issue of linking, Ross, Alexandra: Copyright Law and the Internet: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Acessing the Internet The Net connections can be based on wire-line and wireless access technolgies.
Usually several kinds of network connections are employed at once. Generally speaking, when an E-mail message is sent it travels from the user's computer via copper wires or coaxial cables Satellite communication Although facing competition from fiber-optic cables as cost-effective solutions for broadband data transmission services, the space industry is gaining increasing importance in global communications. As computing, telephony, and audiovisual technologies converge, new wireless technologies are rapidly deployed occupying an increasing market share and accelerating the construction of high-speed networks. Privatization of satellite communication Until recently transnational satellite communication was provided exclusively by intergovernmental organizations as Scheduled privatization of intergovernmental satellite consortia:
When Intelsat began to accumulate losses because of management failures and the increasing market share of fiber-optic cables, this organizational scheme came under attack. Lead by the USA, the Western industrialized countries successfully pressed for the privatization of all satellite consortia they are members of and for competition by private carriers. As of February 2000, there are 2680 satellites in service. Within the next four years a few hundred will be added by the new private satellite systems. Most of these systems will be so-called Low Earth Orbit satellite systems, which are capable of providing global mobile data services on a high-speed level at low cost. Because of such technological improvements and increasing competition, experts expect satellite-based broadband communication to be as common, cheap, and ubiquitous as satellite TV today within the next five or ten years. Major satellite communication projects
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Databody economy and the surveillance state
The glamour of the data body economy clouds economic practices which are much less than glamorous. Through the seizure of the data body, practices that in the real political arena were common in the feudal age and in the early industrial age are being reconstructed. The data body economy digitally reconstructs exploitative practices such as slavery and wage labour. However, culturally the data body is still a very new phenomenon: mostly, people think if it does not hurt, it cannot be my body. Exploitation of data bodies is painless and fast. Nevertheless, this can be expected to change once the awareness of the political nature of the data body becomes more widespread. As more and more people routinely move in digitised environments, it is to be expected that more critical questions will be asked and claims to autonomy, at present restricted to some artistic and civil society groups trying to get heard amidst the deafening noise of the commercial ICT propaganda, will be articulated on a more general level. The more problematic aspect of this development may be something else: the practices of the data body economy, themselves a reconstruction of old techniques of seizure, have begun to re-colonise real political space. Simon Davis, Director of the London-based privacy campaigners The constant adaptation process required from the modern individual has anonymised and structuralized punishment, which now appears in the guise of error messages and the privatisation of risk. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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History: European Tradition Only in Roman times the first rights referring to artistic works appeared. Regulations resembling a lasting exclusive right to copy did not occur until the 17th century. Before copyright was a private arrangement between guilds able to reproduce copies in commercial quantities. In France and Western European countries "droits d'auteur" or author's rights is the core of what in the Anglo-American tradition is called copyright. Such rights are rooted in the republican revolution of the late 18th century, and the Rights of Man movement. Today in the European system the creator is front and center; later exploiters are only secondary players. France During the 18th century France gradually lost the ability to restrict In 1777 the King threatened the monopoly by reducing the duration of publisher's privileges to the lifetime of the authors. Accordingly a writer's work would go into the public domain after his death and could be printed by anyone. The booksellers fought back by argumenting that, no authority could take their property from them and give it to someone else. Seven months later, in August 1789, the revolutionary government ended the privilege system and from that time on anyone could print anything. Early in 1790 Marie-Jean-Antoine-Nicolas de Caritat, Marquis de Condorcet proposed giving authors power over their own work lasting until ten years after their deaths. The proposal - the basis for France's first modern copyright law - passed in 1793. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Databody convergence In the phrase "the rise of the citizen as a consumer", to be found on the When the citizen becomes a consumer, the state must become a business. In the data body business, the key word behind this new identity of government is "outsourcing". Functions, that are not considered core functions of government activity are put into the hands of private contractors. There have long been instances where privately owned data companies, e.g. credit card companies, are allowed access to public records, e.g. public registries or electoral rolls. For example, in a normal credit card transaction, credit card companies have had access to public records in order to verify identity of a customer. For example, in the UK citizen's personal data stored on the Electoral Roll have been used for commercial purposes for a long time. The new British Data Protection Act now allows people to "opt out" of this kind of commercialisation - a legislation that has prompted protests on the part of the data industry: While this may serve as an example of an increased public awareness of privacy issues, the trend towards outsourcing seems to lead to a complete breakdown of the barriers between commercial and public use of personal data. This trend can be summarised by the term "outsourcing" of government functions. Governments increasingly outsource work that is not considered core function of government, e.g. cooking meals in hospitals or mowing lawns in public parks. Such peripheral activities marked a first step of outsourcing. In a further step, governmental functions were divided between executive and judgemental functions, and executive functions increasingly entrusted to private agencies. For these agencies to be able to carry out the work assigned to them, the need data. Data that one was stored in public places, and whose handling was therefore subject to democratic accountability. Outsourcing has produced gains in efficiency, and a decrease of accountability. Outsourced data are less secure, what use they are put to is difficult to control. The world's largest data corporation, Technically the linking of different systems is already possible. It would also create more efficiency, which means generate more income. The question, then, whether democracy concerns will prevent it from happening is one that is capable of creating But what the EDS example shows is something that applies everywhere, and that is that the data industry is whether by intention or whether by default, a project with profound political implications. The current that drives the global economy deeper and deeper into becoming a global data body economy may be too strong to be stopped by conventional means. However, the convergence of political and economic data bodies also has technological roots. The problem is that politically motivated surveillance and economically motivated data collection are located in the same area of information and communication technologies. For example, monitoring internet use requires more or less the same technical equipment whether done for political or economic purposes. Data mining and data warehousing techniques are almost the same. Creating transparency of citizens and customers is therefore a common objective of intelligence services and the data body industry. Given that data are exchanged in electronic networks, a compatibility among the various systems is essential. This is another factor that encourages "leaks" between state-run intelligence networks and the private data body business. And finally, given the secretive nature of state intelligence and commercial data capturing , there is little transparency. Both structures occupy an opaque zone. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Identificaiton in history In biometric technology, the subject is reduced to its physical and therefore inseparable properties. The subject is a subject in so far as it is objectified; that is, in so far as is identified with its own res extensa, Descartes' "extended thing". The subject exists in so far as it can be objectified, if it resists the objectification that comes with measurement, it is rejected or punished. Biometrics therefore provides the ultimate tool for control; in it, the dream of hermetic identity control seems to become a reality, a modern technological reconstruction of traditional identification techniques such as the handshake or the look into somebody's eyes. The use of identification by states and other institutions of authority is evidently not simply a modern phenomenon. The ancient Babylonians and Chinese already made use of finger printing on clay to identify authors of documents, while the Romans already systematically compared handwritings. Body measurement has long been used by the military. One of the first measures after entering the military is the identification and appropriation of the body measurements of a soldier. These measurements are filed and combined with other data and make up what today we would call the soldier's data body. With his data body being in possession of the authority, a soldier is no longer able freely socialise and is instead dependent on the disciplinary structure of the military institution. The soldier's social being in the world is defined by the military institution. However, the military and civilian spheres of modern societies are no longer distinct entities. The very ambivalence of advanced technology (dual use technologies) has meant that "good" and "bad" uses of technology can no longer be clearly distinguished. The measurement of physical properties and the creation of data bodies in therefore no longer a military prerogative, it has become diffused into all areas of modern societies. If the emancipatory potential of weak identities is to be of use, it is therefore necessary to know how biometric technologies work and what uses they are put to. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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How the Internet works On the Internet, when you want to retrieve a document from another computer, you request a service from this computer. Your computer is the client, the computer on which the information you want to access is stored, is called the A common set of standards allows the exchange of data and commands independent from locations, time, and operating systems through the Internet. These standards are called communication protocols, or the Internet Protocol Suite, and are implemented in Internet software. Sometimes the Internet Protocol Suite is erroneously identified with Any information to be transferred is broken down into pieces, so-called packets, and the Internet Protocol figures out how the data is supposed to get from A to B by passing through routers. Each packet is "pushed" from router to router via The technique of breaking down all messages and requests into packets has the advantage that a large data bundle (e.g. videos) sent by a single user cannot block a whole network, because the One of the Internet's (and of the Matrix's) beginnings was the Routing around depends on the location of the interruption and on the availability of intersecting points between networks. If, for example, an E-mail message is sent from Brussels to Athens and in Germany a channel is down, it will not affect access very much, the message will be routed around this damage, as long as a major Internet exchange is not affected. However, if access depends on a single backbone connection to the Internet and this connection is cut off, there is no way to route around. In most parts of the world the Internet is therefore vulnerable to disruption. "The idea of the Internet as a highly distributed, redundant global communications system is a myth. Virtually all communications between countries take place through a very small number of bottlenecks, and the available bandwidth isn't that great," says Douglas Barnes. These bottlenecks are the network connections to neighboring countries. Many countries rely on a one single connection to the Net, and in some places, such as the Suez Canal, there is a concentration of fiber-optic cables of critical importance. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Global data bodies - intro - Education files, insurance files, tax files, communication files, consumption files, medical files, travel files, criminal files, investment files, files into infinity ... Critical Art Ensemble Global data bodies 1. Introduction Informatisation has meant that things that once were "real", i.e. whose existence could be experienced sensually, are becoming virtual. Instead of the real existence of a thing, the virtual refers to its possibility of existence. As this process advances, an increasing identification of the possible with the real occurs. Reality migrates into a dim and dematerialised grey area. In the end, the possible counts for the real, virtualisation creates an "as-if" experience. The experience of the body is also affected by this process. For example, in bio-technology, the human body and its functions are digitised, which prepares and understanding of the body exlusively in terms of its potential manipulation, the body becomes whatever it could be. But digitisation has not only affected the understanding and the social significance of the body, it has also altered the meaning of presence, traditionally identified with the body. The advance of information and communication technologies (ICTs) has meant that for an increasing number of activities we no longer need be physically present, our "virtual" presence, achieved by logging onto a electronic information network, is sufficient. This development, trumpeted as the pinnacle of convenience by the ICT industries and governments interested in attracting investment, has deeply problematic aspects as well. For example, when it is no longer "necessary" to be physically present, it may soon no longer be possible or allowed. Online-banking, offered to customers as a convenience, is also serves as a justification for charging higher fees from those unwilling or unable to add banking to their household chores. Online public administration may be expected to lead to similar effects. The reason for this is that the digitalisation of the economy relies on the production of surplus data. Data has become the most important raw material of modern economies. In modern economies, informatisation and virtualisation mean that people are structurally forced to carry out their business and life their lives in such a way as to generate data. Data are the most important resource for the New Economy. By contrast, activities which do not leave behind a trace of data, as for example growing your own carrots or paying cash rather than by plastic card, are discouraged and structurally suppressed. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Problems of Copyright Management and Control Technologies Profiling and Data Mining At their most basic 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 Provisions concerning technological protection measures and fair use are stated in the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Proprietary Network Proprietary networks are computer networks with standards different to the ones proposed by the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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IBM IBM (International Business Machines Corporation) manufactures and develops cumputer hardware equipment, application and sysem software, and related equipment. IBM produced the first PC (Personal Computer), and its decision to make Microsoft DOS the standard operating system initiated Microsoft's rise to global dominance in PC software. Business indicators: 1999 Sales: $ 86,548 (+ 7,2 % from 1998) Market capitalization: $ 181 bn Employees: approx. 291,000 Corporate website: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Internet Exchanges Internet exchanges are intersecting points between major networks. List of the World's Public Internet exchanges ( | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Amazon.Com Amazon.Com was one of the first online bookstores. With thousands of books, CDs and videos ordered via the Internet every year, Amazon.Com probably is the most successful Internet bookstore. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Colouring In November 1997, after the assassination of (above all Swiss) tourists in Egypt, the Swiss newspaper Blick showed a picture of the place where the attack had happened, with a tremendous pool of blood, to emphasize the cruelty of the Muslim terrorists. In other newspapers the same picture could be seen - with a pool of water, like in the original. Of course the manipulated coloured version of the Blick fit better into the mind of the shocked Swiss population. The question about death penalty arose quickly .... | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Ku Klux Klan The Ku Klux Klan has a long history of violence. It emerged out of the resentment and hatred many white Southerners. Black Americans are not considered human beings. While the menace of the KKK has peaked and waned over the years, it has never vanished. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Hill & Knowlton John W. Hill opened the doors of his first public relations office in 1927 in Cleveland, Ohio. His early clients were banks, steel manufacturers, and other industrial companies in the Midwest. Hill managed the firm until 1962, and remained active in it until shortly before his death in New York City in 1977. In 1952, Hill and Knowlton became the first American public relations consultancy to recognize the business communication implications engendered by formation of the European Economic Community. Hill and Knowlton established a network of affiliates across Europe and by the middle of the decade had become the first American public relations firm to have wholly-owned offices in Europe. Hill and Knowlton, a member of the WPP Group integrated communications services family, has extensive resources and geographic coverage with its 59 offices in 34 countries. Hill and Knowlton is known for its hard-hitting tactics and said to have connections with intelligence services. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Europe Online Established in 1998 and privately held, Europe Online created and operates the world's largest broadband "Internet via the Sky" network. The Europe Online "Internet via the Sky" service is available to subscribers in English, French, German, Dutch and Danish with more languages to come. http://www.europeonline.com | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Extranet An Extranet is an Intranet with limited and controlled access by authenticated outside users, a business-to-business Intranet, e.g. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Machine language Initially computer programmers had to write instructions in machine language. This | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Time Warner The largest media and entertainment conglomerate in the world. The corporation resulted from the merger of the publisher Time Inc. and the media conglomerate Warner Communications Inc. in 1989. It acquired the Turner Broadcasting System, Inc. (TBS) in 1996. Time Warner Inc.'s products encompass magazines, hardcover books, comic books, recorded music, motion pictures, and broadcast and cable television programming and distribution. The company's headquarters are in New York City. In January 2000 Time Warner merged with AOL (America Online), which owns several online-services like Compuserve, Netscape and Netcenter in a US$ 243,3 billion deal. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Leonard M. Adleman Leonard M. Adleman was one of three persons in a team to invent the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Adolf Hitler Adolf Hitler (1889-1945) was the head of the NSdAP, the National Socialist Workers' Party. Originally coming from Austria, he started his political career in Germany. As the Reichskanzler of Germany he provoked World War II. His hatred against all non-Aryans and people thinking in a different way killed millions of human beings. Disinformation about his personality and an unbelievable machinery of propaganda made an entire people close its eyes to the most cruel crimes on human kind. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Vacuum tube The first half of the 20th century was the era of the vacuum tube in electronics. This variety of electron tube permitted the development of radio broadcasting, long-distance | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Gaius Julius Caesar Gaius Julius Caesar (100-44 BC) was a Roman Statesman who came to power through a military career and by buying of votes. His army won the civil war, run over Spain, Sicily and Egypt, where he made Cleopatra a Queen. For reaching even more power he increased the number of senators. But he also organized social measures to improve the people's food-situation. In February 44 BC he did not accept the kingship offered by Marc Anthony, which made him even more popular. One month later he was murdered during a senate sitting. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Reuters Group plc Founded in 1851 in London, Reuters is the world's largest news and television agency with 1,946 journalists, photographers and camera operators in 183 bureaus serving newspapers, other news agencies, and radio and television broadcasters in 157 countries. In addition to its traditional news-agency business, over its network Reuters provides financial information and a wide array of electronic trading and brokering services to banks, brokering houses, companies, governments, and individuals worldwide. http://www.reuters.com | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Memex Animation by Ian Adelman and Paul Kahn | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Intelsat Intelsat, the world's biggest communication satellite services provider, is still mainly owned by governments, but will be privatised during 2001, like http://www.intelsat.int/index.htm | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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RSA The best known of the two-key cryptosystems developed in the mid-1980s is the Rivest-Shamir-Adleman (RSA) cryptoalgorithm, which was first published in April, 1977. Since that time, the algorithm has been employed in the most widely-used Internet electronic communications encryption program, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Aeneas Tacticus Supposedly his real name was Aeneas of Stymphalus. He was a Greek military scientist and cryptographer. He invented an optical system for communication similar to a telegraph: the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Machine vision A branch of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Bill Clinton William J. Clinton (* 1946) studied law at Yale University, then taught at the University of Arkansas. He was elected Arkansas attorney general in 1976 and served as a governor until 1992. That year he became U.S.-President, the first democratic President after a row of Republicans. His sexual affairs not only cost him nearly his career but he also had to distract from his private affairs: he thought of fighting another war against For more information see: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Transistor A transistor is a solid-state device for amplifying, controlling, and generating electrical signals. Transistors are used in a wide array of electronic equipment, ranging from pocket | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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