Virtual body and data body



The result of this informatisation is the creation of a virtual body which is the exterior of a man or woman's social existence. It plays the same role that the physical body, except located in virtual space (it has no real location). The virtual body holds a certain emancipatory potential. It allows us to go to places and to do things which in the physical world would be impossible. It does not have the weight of the physical body, and is less conditioned by physical laws. It therefore allows one to create an identity of one's own, with much less restrictions than would apply in the physical world.

But this new freedom has a price. In the shadow of virtualisation, the data body has emerged. The data body is a virtual body which is composed of the files connected to an individual. As the Critical Art Ensemble observe in their book Flesh Machine, the data body is the "fascist sibling" of the virtual body; it is " a much more highly developed virtual form, and one that exists in complete service to the corporate and police state."

The virtual character of the data body means that social regulation that applies to the real body is absent. While there are limits to the manipulation and exploitation of the real body (even if these limits are not respected everywhere), there is little regulation concerning the manipulation and exploitation of the data body, although the manipulation of the data body is much easier to perform than that of the real body. The seizure of the data body from outside the concerned individual is often undetected as it has become part of the basic structure of an informatised society. But data bodies serve as raw material for the "New Economy". Both business and governments claim access to data bodies. Power can be exercised, and democratic decision-taking procedures bypassed by seizing data bodies. This totalitarian potential of the data body makes the data body a deeply problematic phenomenon that calls for an understanding of data as social construction rather than as something representative of an objective reality. How data bodies are generated, what happens to them and who has control over them is therefore a highly relevant political question.

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Copyright Management and Control Systems: Post-Infringement

Post-infringement technologies allow the owners of copyrighted works to identify infringements and thus enhance enforcement of intellectual property rights and encompass systems such as:

Steganography

Applied to electronic files, steganography refers to the process of hiding information in files that can not be easily detected by users. Steganography can be used by intellectual property owners in a variety of ways. One is to insert into the file a "digital watermark" which can be used to prove that an infringing file was the creation of the copyright holder and not the pirate. Other possibilities are to encode a unique serial number into each authorized copy or file, enabling the owner to trace infringing copies to a particular source, or to store copyright management information.

Agents

Agents are programs that can implement specified commands automatically. Copyright owners can use agents to search the public spaces of the Internet to find infringing copies. Although the technology is not yet very well developed full-text search engines allow similar uses.

Copyright Litigation

While not every infringement will be the subject of litigation, the threat of litigation helps keep large pirate operations in check. It helps copyright owners obtain relief for specific acts of infringement and publicly warns others of the dangers of infringement.

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Funding Sources and Revenues

While most progressive think tanks acquire their funding through many different sources, for conservative think tanks financing by corporations prevails. Among the think tanks receiving a considerable amount of corporate money are the Cato Institute (U.S. conservative/libertarian), the Brookings Institution (U.S. centrist), the Heritage Foundation (U.S. conservative), the American Enterprise Institute (U.S. conservative) and the Competitive Enterprise Institute (U.S. conservative).

Also, whereas the combined revenue base of such conservative multi-issue policy institutions as the Heritage Foundation, the American Enterprise Institute, Free Congress Research and Education Foundation, the Cato Institute, and Citizens for a Sound Economy exceeded US$ 77 million in 1995, the roughly equivalent U.S. progressive Institute for Policy Studies, the Economic Policy Institute, Citizens for Tax Justice, and the Center for Budget and Policy Priorities had only US$ 9 million at their collective disposal in 1995.

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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 WIPO treaties (WIPO Performances and Phonograms Treaty and WIPO Copyright Treaty) and addresses a variety of issues that arose with the increased availability of content in digital form. The Act 1) creates a series of "safe harbor" defenses (which are subject to a variety of conditions that must be met) for certain common activities of ISPs (Internet Service Provider), 2) bars the circumvention of technological protection measures that protect copyrighted works, 3) prohibits the distribution or provision of false copyright management information with the intent to induce or conceal infringement, 4) establishes an exemption for making a copy of a computer program for purposes of maintenance or repair, and 5) contains provisions concerning the "webcasting" of sound recordings on the Internet and the making of (digital) copies of copyrighted works by nonprofit libraries and archives.

A full-text version of the DMCA is available from:
The Library of Congress: Thomas (Legislative Information on the Internet): http://thomas.loc.gov/cgi-bin/cpquery/z?cp105:hr796:

Moreover the U.S. Copyright Office provides a memorandum, which briefly summarizes each of the five titles of the DMCA (pdf format): http://lcweb.loc.gov/copyright/legislation/dmca.pdf

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. http://www.arl.org/info/frn/copy/primer.html

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. http://www.arl.org/info/frn/copy/osp.html

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"Project Censored"

Project Censored was launched at Sonoma State University (U.S.) in 1976 as an annual review of the systematic withholding of public access to important news facts by the mainstream media. The team composed of student media researcher and media analysts annually selects and publishes what they believe are the 25 most important under-covered news stories. "The essential issue raised by the project is the failure of the mass media to provide the people with all the information they need to make informed decisions concerning their own lives and in the voting booth". (Project Censored)

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Internet services

The Internet can be used in in different ways: for distributing and retrieving information, for one-to-one, one-to-many and many-to-many communication, and for the access services. Accordingly, there are different services on offer. The most important of these are listed below.

Telnet

FTP (File Transfer Protocol)

Electronic Messaging (E-Mail)

World Wide Web (WWW)

Bulletin Board Systems (BBS)

Electronic Data Interchange (EDI)

Internet Relay Chat (IRC)

Multiple User Dimensions (MUDs)

Gopher

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Operating the net: overview

The Net consists of thousands of thousands of governmental and private networks linked together. No legal authority determines how and where networks can be connected together, this is something the managers of networks have to agree about. So there is no way of ever gaining ultimate control of the Internet. Although each of these networks is operated and controlled by an organization, no single organization operates and controls the Net. Instead of a central authority governing the Net, several bodies assure the operability of the Net by developing and setting technical specifications for the Net and by the control of the technical key functions of the Net as the coordination of the domain name system and the allocation of IP numbers.

Originally, the Net was a research project funded and maintained by the US Government and developed in collaboration by scientists and engineers. As the standards developed for ensuring operability ensued from technical functionality, technical coordination gradually grew out of necessity and was restricted to a minimum and performed by volunteers.

Later, in the 1980s, those occupied with the development of technical specifications organized themselves under the umbrella of the Internet Society in virtual organizations as the Internet Engineering Task Force, which were neither officially established nor being based on other structures than mailing lists and commitment, but nonetheless still serve as task forces for the development of standards ensuring the interoperability on the Net.

Since the late 80s and the early 90s, with the enormous growth of the Net - which was promoted by the invention of Local Area Networks, the creation of the World Wide Web, the increased use of personal computers and the connecting of corporations to the Net, just to name a few - coordination of some technical key functions as the domain name system was handed over to corporations as Network Solutions Inc.

Since the year 2000, a new model for technical coordination has been emerging: Formerly performed by several bodies, technical coordination is transferred to a single non-governmental organization: the Internet Coordination of Assigned Numbers and Names.

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Legal Protection: Multilateral Agreements

With the rise of a global economic system a desire to establish agreements, which protect works not only within national borders, but also within a "Union" of countries or on an international level, has been expressed. As a consequence a variety of multilateral treaties have been negotiated and adopted by governments. Those shall simplify practice through international standardization and mutual recognition of rights and duties among nations.


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Data bunkers

Personal data are collected, appropriated, processed and used for commercial purposes on a global scale. In order for such a global system to operate smoothly, there a server nodes at which the data streams converge. Among the foremost of these are the data bases of credit card companies, whose operation has long depended on global networking.

On top of credit card companies such as Visa, American Express, Master Card, and others. It would be erroneous to believe that the primary purpose of business of these companies is the provision of credit, and the facilitation of credit information for sale transactions. In fact, Information means much more than just credit information. In an advertisement of 1982, American Express described itself in these terms: ""Our product is information ...Information that charges airline tickets, hotel rooms, dining out, the newest fashions ...information that grows money funds buys and sells equities ...information that pays life insurance annuities ...information that schedules entertainment on cable television and electronically guards houses ...information that changes kroners into guilders and figures tax rates in Bermuda ..."

Information has become something like the gospel of the New Economy, a doctrine of salvation - the life blood of society, as Bill Gates expresses it. But behind information there are always data that need to be generated and collected. Because of the critical importance of data to the economy, their possession amounts to power and their loss can cause tremendous damage. The data industry therefore locates its data warehouses behind fortifications that bar physical or electronic access. Such structures are somewhat like a digital reconstruction of the medieval fortress

Large amounts of data are concentrated in fortress-like structures, in data bunkers. As the Critical Art Ensemble argue in Electronic Civil Disobedience: "The bunker is the foundation of homogeneity, and allows only a singular action within a given situation." All activities within data bunker revolve around the same principle of calculation. Calculation is the predominant mode of thinking in data-driven societies, and it reaches its greatest density inside data bunkers. However, calculation is not a politically neutral activity, as it provides the rational basis - and therefore the formal legitimisation most every decision taken. Data bunkers therefore have an essentially conservative political function, and function to maintain and strengthen the given social structures.

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Basics: Acquisition of Copyright

The laws of almost all countries provide that protection is independent of any formalities. Copyright protection then starts as soon as the work is created.

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1900 - 2000 A.D.

1904
First broadcast talk

1918
Invention of the short-wave radio

1929
Invention of television in Germany and Russia

1941
Invention of microwave transmission

1946
Long-distance coaxial cable systems and mobile telephone services are introduced in the USA.

1957
Sputnik, the first satellite, is launched by the USSR
First data transmissions over regular phone circuits.

At the beginning of the story of today's global data networks is the story of the development of satellite communication.

In 1955 President Eisenhower announced the USA's intention to launch a satellite. But it in the end it was the Soviet Union, which launched the first satellite in 1957: Sputnik I. After Sputnik's launch it became evident that the Cold War was also a race for leadership in the application of state-of-the-art technology to defense. As the US Department of Defense encouraged the formation of high-tech companies, it laid the ground to Silicon Valley, the hot spot of the world's computer industry.

The same year as the USA launched their first satellite - Explorer I - data was transmitted over regular phone circuits for the first time, thus laying the ground for today's global data networks.

Today's satellites may record weather data, scan the planet with powerful cameras, offer global positioning and monitoring services, and relay high-speed data transmissions. Yet up to now, most satellites are designed for military purposes such as reconnaissance.

1969
ARPAnet online

ARPAnet was the small network of individual computers connected by leased lines that marked the beginning of today's global data networks. An experimental network it mainly served the purpose of testing the feasibility of wide area networks and the possibility of remote computing. It was created for resource sharing between research institutions and not for messaging services like E-mail. Although US military sponsored its research, ARPAnet was not designed for directly martial use but to support military-related research.

In 1969 ARPANET went online and linked the first two computers, one located at the University of California, Los Angeles, the other at the Stanford Research Institute.

Yet ARPAnet did not become widely accepted before it was demonstrated in action to a public of computer experts at the First International Conference on Computers and Communication in Washington, D. C. in 1972.

Before it was decommissioned in 1990, NSFnet, a network of scientific and academic computers funded by the National Science Foundation, and a separate new military network went online in 1986. In 1988 the first private Internet service providers started offering access to NSFnet to a general public. After having become the backbone of the Internet in the USA, in 1995 NSFnet was turned into a consortium of commercial backbone providers. This and the launch of the World Wide Web added to the success of the global data network we call the Net.

In the USA it was already in 1994 that commercial users outnumbered military and academic users.

Despite the rapid growth of the Net, most computers linked to it are still located in the United States.

1971
Invention of E-Mail

1979
Introduction of fiber-optic cable systems

1992
Launch of the World Wide Web

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Public Relations Clients

Unlike in the United Kingdom, where members of the PR Consultants Association are required to have an updated, published list of all clients, the U.S. Council of PR decided against a proposal for the disclosure of client lists. Therefore the worlds biggest PR agencies, which are mostly U.S. based, are still in the position to make a secret of their clients.

Although public relations activity is mostly associated with marketing and issues management for corporate firms, also PR for nations, politicians and NGOs is common. Among the first to pursue PR for nations was Edward L. Bernays, one of the founders of modern public relations. Besides his activity in the Creel-Committee, which was responsible for the American propaganda during World War I, he also worked as a PR consultant for Lithuania and India. With his engagement for United Fruit he was moreover actively involved in the Cold War - especially in the overthrow of the Guatemalan government of Guzman.

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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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Bureaucratic data bunkers



Among the foremost of the data bunkers government bureaucracies. Bureaucracies are the oldest forms of bunkers and are today deeply engrained in modern societies. Bureaucracies have always had the function of collecting and administering the data of subjects. What make this process more problematic in the age of ICT is that a lot more data can be collected, they can be collected in clandestine ways (e.g. in surveillance situations), and the can be combined and merged using advanced data mining technologies. In addition, there is a greater rationale for official data collecting, as a lot more data is required for the functioning of public administration as in previous periods, as societies rush to adopt increasingly complex technologies, above all ICTs. The increasing complexity of modern societies means that an increasing number of bureaucratic decision is taken, all of which require a calculation process. Complexity, viewed through government spectacles, generates insecurity - a great deal of the bureaucratic activity therefore revolves around the topic of security.

In spite of the anti-bureaucratic rhetoric of most governments, these factors provides the bureaucracies with an increased hold on society. Foremost bureaucratic data bunkers include the following:

    Law enforcement agencies

    Fiscal agencies

    Intelligence agencies

    Social welfare agencies

    Social insurance institutions

    Public health agencies

    Educational institutions



These are agencies that enjoy the privileged protection of the state. Those among them that operate in the field of security are further protected against public scrutiny, as they operate in an area to which democratic reason has no access.

What makes the data repositories of these institutions different from private data bunkers is their "official", i.e. their politically binding and definitive character. CAE speak of the bureaucracy as a "concrete form of uninterruptible, official and legitimised memory."

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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.: Copyright Decision Threatens Freedom to Link. In: New York Times. December 10, 1999.

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: Wired. July 27, 1999.

More cases concerned with the issue of linking, framing and the infringement of intellectual property are published in:

Ross, Alexandra: Copyright Law and the Internet: Selected Statutes and Cases.

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Missing Labeling of Online Ads

One of the most crucial issues in on-line advertising is the blurring of the line between editorial content and ads. Unlike on TV and in the print media, where guidelines on the labeling of advertisements, which shall enable the customer to distinguish between editorial and ads, exist, similar conventions have not yet evolved for Internet content. Labeling of online advertisement up to now has remained the rare exception, with only few sites (e.g. http://www.orf.at) explicitly indicating non-editorial content.

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Biometric applications: surveillance

Biometric technologies are not surveillance technologies in themselves, but as identification technologies they provide an input into surveillance which can make such as face recognition are combined with camera systems and criminal data banks in order to supervise public places and single out individuals.

Another example is the use of biometrics technologies is in the supervision of probationers, who in this way can carry their special hybrid status between imprisonment and freedom with them, so that they can be tracked down easily.

Unlike biometric applications in access control, where one is aware of the biometric data extraction process, what makes biometrics used in surveillance a particularly critical issue is the fact that biometric samples are extracted routinely, unnoticed by the individuals concerned.

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Private data bunkers

On the other hand are the data bunkers of the private sector, whose position is different. Although these are fast-growing engines of data collection with a much greater degree of dynamism, they may not have the same privileged position - although one has to differentiate among the general historical and social conditions into which a data bunker is embedded. For example, it can safely be assumed that the databases of a large credit card company or bank are more protected than the bureaucracies of small developing countries.

Private data bunkers include

    Banks

    Building societies

    Credit bureaus

    Credit card companies

    Direct marketing companies

    Insurance companies

    Telecom service providers

    Mail order stores

    Online stores


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Transparent customers. Direct marketing online



This process works even better on the Internet because of the latter's interactive nature. "The Internet is a dream to direct marketers", said Wil Lansing, CEO of the American retailer Fingerhut Companies. Many services require you to register online, requiring users to provide as much information about them as possible. And in addition, the Internet is fast, cheap and used by people who tend to be young and on the search for something interesting.

Many web sites also are equipped with user tracking technology that registers a users behaviour and preferences during a visit. For example, user tracking technology is capable of identifying the equipment and software employed by a user, as well as movements on the website, visit of links etc. Normally such information is anonymous, but can be personalised when it is coupled with online registration, or when personal identifcation has been obtained from other sources. Registration is often a prerequisite not just for obtaining a free web mail account, but also for other services, such as personalised start pages. Based on the information provided by user, the start page will then include advertisements and commercial offers that correspond to the users profile, or to the user's activity on the website.

One frequent way of obtaining such personal information of a user is by offering free web mail accounts offered by a great many companies, internet providers and web portals (e.g. Microsoft, Yahoo, Netscape and many others). In most cases, users get "free" accounts in return for submitting personal information and agreeing to receive marketing mails. Free web mail accounts are a simple and effective direct marketing and data capturing strategy which is, however, rarely understood as such. However, the alliances formed between direct advertising and marketing agencies on the one hand, and web mail providers on the other hand, such as the one between DoubleClick and Yahoo, show the common logic of data capturing and direct marketing. The alliance between DoubleClick and Yahoo eventually attracted the US largest direct marketing agency, Abacus Direct, who ended up buying DoubleClick.

However, the intention of collecting users personal data and create consumer profiles based on online behaviour can also take on more creative and playful forms. One such example is sixdegrees.com. This is a networking site based on the assumption that everybody on the planet is connected to everybody else by a chain of six people at most. The site offers users to get to know a lot of new people, the friends of their friends of their friends, for example, and if they try hard enough, eventually Warren Beatty or Claudia Schiffer. But of course, in order to make the whole game more useful for marketing purposes, users are encouraged to join groups which share common interests, which are identical with marketing categories ranging from arts and entertainment to travel and holiday. Evidently, the game becomes more interesting the more new people a user brings into the network. What seems to be fun for the 18 to 24 year old college student customer segment targeted by sixdegrees is, of course, real business. While users entertain themselves they are being carefully profiled. After all, data of young people who can be expected to be relatively affluent one day are worth more than money.

The particular way in which sites such as sixdegrees.com and others are structured mean that not only to users provide initial information about them, but also that this information is constantly updated and therefore becomes even more valuable. Consequently, many free online services or web mail providers cancel a user's account if it has not been uses for some time.

There are also other online services which offer free services in return for personal information which is then used for marketing purposes, e.g. Yahoo's Geocities, where users may maintain their own free websites, Bigfoot, where people are offered a free e-mail address for life, that acts as a relais whenever a customer's residence or e-mail address changes. In this way, of course, the marketers can identify friendship and other social networks, and turn this knowledge into a marketing advantage. People finders such as WhoWhere? operate along similar lines.

A further way of collecting consumer data that has recently become popular is by offering free PCs. Users are provided with a PC for free or for very little money, and in return commit themselves to using certain services rather than others (e.g. a particular internet provider), providing information about themselves, and agree to have their online behaviour monitored by the company providing the PC, so that accurate user profiles can be compiled. For example, the Free PC Network offers advertisers user profiles containing "over 60 individual demographics". There are literally thousands of variations of how a user's data are extracted and commercialised when online. Usually this happens quietly in the background.

A good inside view of the world of direct marketing can be gained at the website of the American Direct Marketing Association and the Federation of European Direct Marketing.

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Iris recognition

Iris recognition relies upon the fact that every individuals retina has a unique structure. The iris landscape is composed of a corona, crypts, filaments, freckles, pits radial furrows and striatations. Iris scanning is considered a particularly accurate identification technology because the characteristics of the iris do not change during a persons lifetime, and because there are several hundred variables in an iris which can be measured. In addition, iris scanning is fast: it does not take longer than one or two seconds.

These are characteristics which have made iris scanning an attractive technology for high-security applications such as prison surveillance. Iris technology is also used for online identification where it can substitute identification by password. As in other biometric technologies, the use of iris scanning for the protection of privacy is a two-edged sword. The prevention of identity theft applies horizontally but not vertically, i.e. in so far as the data retrieval that accompanies identification and the data body which is created in the process has nothing to do with identity theft.

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Feeding the data body

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Biometric technologies

In what follows there is a brief description of the principal biometric technologies, whose respective proponents - producers, research laboratories, think tanks - mostly tend to claim superiority over the others. A frequently used definition of "biometric" is that of a "unique, measurable characteristic or trait of a human being for automatically recognizing or verifying identity" (http://www.icsa.net/services/consortia/cbdc/bg/introduction.shtml); biometrics is the study and application of such measurable characteristics. In IT environments, biometrics are categorised as "security" technologies meant to limit access to information, places and other resources to a specific group of people.

All biometric technologies are made up of the same basic processes:

1. A sample of a biometric is first collected, then transformed into digital information and stored as the "biometric template" of the person in question.

2. At every new identification, a second sample is collected and its identity with the first one is examined.

3. If the two samples are identical, the persons identity is confirmed, i.e. the system knows who the person is.

This means that access to the facility or resource can be granted or denied. It also means that information about the persons behaviour and movements has been collected. The system now knows who passed a certain identification point at which time, at what distance from the previous time, and it can combine these data with others, thereby appropriating an individual's data body.

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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 intellectual property should be in the public domain and available for all to use. "Information wants to be free" and copyright restricts people's possibilities concerning the utilization of digital content. An enforced copyright will lead to a further digital divide as copyright creates unjust monopolies in the basic commodity of the "information age". Also the increased ease of copying effectively obviates copyright, which is a relict of the past and should be expunged.

Enlarge Copyright

Realizing the growing economic importance of intellectual property, especially the holders of copyright (in particular the big publishing, distribution and other core copyright industries) - and therefore recipients of the royalties - adhere to the idea of enlarging copyright. In their view the basic foundation of copyright - the response to the need to provide protection to authors so as to give them an incentive to invest the time and effort required to produce creative works - is also relevant in a digital environment.

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Global hubs of the data body industry

While most data bunkers are restricted to particular areas or contexts, there are others which act as global data nodes. Companies such as EDS (Electronic Data Systems), Experian, First Data Corporation and Equifax operate globally and run giant databases containing personal information. They are the global hubs of the data body economy.

Company

Sales in USD billions

Size of client database in million datasets





Equifax





1,7





360





Experian





1,5





779





Fist Data Corporation





5,5





260





EDS





18,5









(not disclosed)

(Sales and database sizes, 1998)

The size of these data repositories is constantly growing, so it is only a matter of time when everybody living in the technologically saturated part of the world will be registered in one of these data bunkers.

Among these companies, EDS, founded by the former US presidential candidate Ross Perot, known for his right-wing views and direct language, is of particular importance. Not only is it the world's largest data body company, it is also secretive about the size of its client database - a figure disclosed by the other companies either in company publications or upon enquiry. After all, the size of such a data base makes a company more attractive for potential customers.

For many years, EDS has been surrounded by rumours concerning sinister involvement with intelligence agencies. Beyond the rumours, though, there are also facts. EDS has a special division for government services. EDS does business with all military agencies of the US, as well as law enforcement agencies, justice agencies, and many others. The company also maintains a separate division for military equipment In 1984, the company became a subsidiary of General Motors, itself a leading manufacturer of military and intelligence systems. EDS is listed by the Federation of American Scientist's intelligence resource program as contractor to US intelligence agencies, and prides itself, amongst other things, to respond to the "rise of the citizen as a consumer".

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Intellectual Property: A Definition

Intellectual property, very generally, relates to the output, which result from intellectual activity in the industrial, scientific, literary and artistic fields. Traditionally intellectual property is divided into two branches:

1) Industrial Property

a) Inventions
b) Marks (trademarks and service marks)
c) Industrial designs
d) Unfair competition (trade secrets)
e) Geographical indications (indications of source and appellations of origin)

2) Copyright

The protection of intellectual property is guaranteed through a variety of laws, which grant the creators of intellectual goods, and services certain time-limited rights to control the use made of their products. Those rights apply to the intellectual creation as such, and not to the physical object in which the work may be embodied.

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The plastic card invasion

The plastic card invasion.

The tendency of modern data-driven economies is to structure economic activity in such a way that an increasing amount of data is generated. For example, the fact that only a few years ago few people in continental Europe used a credit card, and that now almost everybody who has a bank account also has a credit card, shows that payment by credit card is preferred to anonymous cash transaction. If somebody pays by credit card, there are computers that register the transaction. They record who paid what amount where, and for what purpose. This is valuable information. It allows businesses to "better know their customers". Credit card companies today belong to the largest data repositories anywhere. However, credit card companies have tried to introduce cash cards, or "electronic purses", plastic cards which can be used in lieu of cash in shops - a type of payment, that is not really catching on. In the small town of Ennis, Ireland's "information age town" a field test carried out by Visa, found that people are extremely reluctant to change their cash into bits. "It is just too modern", was the conclusion of an Ennis shopkeeper.

Credit cards may be the most common, but certainly not the only way in which an economic activity produces a data surplus. In the end, the data surplus generated by a credit card is limited to just a few indicators. The tendency of the data body industry is to collect as much data as possible from each single transaction. Therefore, a range of new plastic card applications is emerging.

Most big retailers or service industries, offer customer cards which reward customers with certain discounts or gifts when used frequently. However, the cost of these discounts is easily set off by the value consumer data that is generated each time a card is pulled through the magnetic reading device. Frequent-flyer cards are among the most common plastic data-collecting devices. Often such frequent-flyer cards are also credit cards, in which case travel and consumption data are already combined at the point of sale, creating further rationalisation of the process.

Electronic networks have created a general tendency to move to move marketing decisions to the point of sale, rather than locating them in central locations. This way, the marketing process becomes cheaper and more efficient for the company.

The ideal situation for the data body industry and for government bureaucracy would be a complete centralised storage and management of people's data, and a collection process the pass unnoticed and ensures that the data in question are always current. Many efforts in this direction have been undertaken. One of the most recent such projects is called the smart card. Also referred to as chip cards (because it operates not just with a magnetic stripe but also an computer chip) smart cards are multi-application "intelligent" plastic cards that carry a lot more than the usual information about its holder. For example, a smart card can carry details about right of access to facilities, credit information, social security, and electoral status all in one. Technically there are no limits to the type of information stored on smart cards. In principle it is possible to store an individual's entire data body on a card. Not surprisingly, smart card technologies have been most readily accepted in places with a lack of a privacy protection culture, such as the US, the UK, Spain, and some Latin American Countries.

The Irish town of Ennis, although striving to become "one of the technologically most advanced towns in the world" may have frustrated the expectations of the plastic card industry. Yet this is only a minute, if embarrassing, setback on the path towards global rationalisation of data collection. The economic benefits which the plastic card data collection technologies promises for retailers, E-commerce, marketing and bureaucracies all over the world have given rise to a wealth of research programmes, field tests, projects and government policies, all aimed at promoting the data body economy and adopting it as the business model of the future.

Links to plastic card trade associations:

Card Europe - Association for Smart Card and Related Industries

AIM - Global Trade Association for Automatic Identification and Data Collection

Card Forum

Smart Card Industry Association

Links to plastic card research programmes:

MIT (Massachusetts Institute of Technology)

Ohio University

Pittsburgh University

Cranfield University

Links to publications:

Card Technology Magazine

Links to EU research programmes

ADEPT2

COCLICO

COST219

DISTINCT

SAMPO

SATURN

SOSCARD

Producers

Schlumberger

Gemplus

Bull

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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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Other biometric technologies

Other biometric technologies not specified here include ear recognition, signature dynamics, key stroke dynamics, vein pattern recognition, retinal scan, body odour recognition, and DNA recognition. These are technologies which are either in early stages of development or used in highly specialised and limited contexts.

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Election campaigning and direct marketing

If direct marketing tools works for commercial purposes, why should they not be used in election campaigns? Why not gain people's votes by political statements tailor-cut to suite the attitudes and values of a voter? The Republican Party of Missouri, USA, has already tried it out. As the Washington Post reported on 10 October, 2000, the party purchased personal data from the data body company TransUnion and fed them into a computer programme capable of inferring political likes and dislikes from the kind of social, demographic and economic data warehoused by TransUnion. The software is offered by Map Applications, Inc. and has already been successfully used by the arms lobbying group National Rifle Association. The logic of customised reality of direct marketing is finally beginning to directly affect the democratic process, the consumer merges with the citizen.

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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 intellectual property. Before the Revolution, all books, printers and booksellers had to have a royal stamp of approval, called a "privilege". In return for their lucrative monopoly, the French guild of printers and booksellers helped the police to suppress anything that upset royal sensibilities or ran contrary to their interests. Still there were also a whole lot of underground printers who flooded the country with pirated, pornographic and seditious literature. And thousands of writers, most at the edge of starvation.

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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Internet Advertising

The advertising industry has always relied on media to transport their messages and disseminate them to the public. Depending on the product or service advertised and the audience targeted different media are used. Besides cinema and outdoor advertising (posters etc.) the huge majority of ads is placed within the classical media landscape, which includes TV, newspapers, magazines and radio.

Whereas in most cases only a relatively small fraction of advertising budgets is spent on cinema, outdoor and radio advertising, newspapers, magazines and TV account for more than two thirds of the money spent on ads. Still with the growing popularity of new media advertisers and marketers have recently also discovered digital networks and especially the Internet for their purposes.

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Face recognition

In order to be able to recognize a person, one commonly looks at this persons face, for it is there where the visual features which distinguish one person from another are concentrated. Eyes in particular seem to tell a story not only about who somebody is, but also about how that persons feel, where his / her attention is directed, etc. People who do not want to show who they are or what is going on inside of them must mask themselves. Consequently, face recognition is a kind of electronic unmasking.

"Real" face-to-face communication is a two-way process. Looking at somebody's face means exposing ones own face and allowing the other to look at oneself. It is a mutual process which is only suspended in extraordinary and voyeuristic situations. Looking at somebody without being looked at places the person who is visually exposed in a vulnerable position vis-à-vis the watcher.

In face recognition this extraordinary situation is normal. Looking at the machine, you only see yourself looking at the machine. Face biometrics are extracted anonymously and painlessly by a mask without a face.

Therefore the resistance against the mass appropriation of biometrical data through surveillance cameras is confronted with particular difficulties. The surveillance structure is largely invisible, it is not evident what the function of a particular camera is, nor whether it is connected to a face recognition system.

In a protest action against the face recognition specialist Visionics, the Surveillance Camera Players therefor adopted the strategy of re-masking: in front of the cameras, they perfomed the play "The Masque of the Red Death" an adaption of Edgar Allen Poe's classic short story by Art Toad.

According to Visionics, whose slogan is "enabling technology with a mass appeal", there are alrady 1.1 bn digitised face images stored on identification data banks world wide. When combined with wide area surveillance camera networks, face recognition is capable of creating a transparent social space that can be controlled by a depersonalised, undetected and unaccountable centre. It is a technology, of which the surveillance engeneers of sunken totalitarian regimes may have dreamt, and one that today is being adopted by democratic governments.

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Definition

During the last 20 years the old Immanuel Wallerstein-paradigm of center - periphery and semi-periphery found a new costume: ICTs. After Colonialism, Neo-Colonialism and Neoliberalism a new method of marginalization is emerging: the digital divide.

"Digital divide" describes the fact that the world can be divided into people who
do and people who do not have access to (or the education to handle with) modern information technologies, e.g. cellular telephone, television, Internet. This digital divide is concerning people all over the world, but as usually most of all people in the formerly so called third world countries and in rural areas suffer; the poor and less-educated suffer from that divide.
More than 80% of all computers with access to the Internet are situated in larger cities.

"The cost of the information today consists not so much of the creation of content, which should be the real value, but of the storage and efficient delivery of information, that is in essence the cost of paper, printing, transporting, warehousing and other physical distribution means, plus the cost of the personnel manpower needed to run these `extra' services ....Realizing an autonomous distributed networked society, which is the real essence of the Internet, will be the most critical issue for the success of the information and communication revolution of the coming century of millennium."
(Izumi Aizi)

for more information see:
http://www.whatis.com/digital_divide.htm

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Think Tanks and Corporate Money

Looking at the financial situation of think tanks, different funding patterns can be found. While financial contributions from foundations play an important role especially for conservative think tanks, also contributions from governments are made to certain institutions. Yet one of the most important funding sources are corporate donors and individual contributors. Although the extent to which - in most cases conservative - think tanks rely on corporate funding varies, from the US$ 158 million spent by the top 20 conservative think tanks, more than half of it was contributed by corporations or businessmen.

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Biometrics applications: access to rights

Biometric technologies are increasingly used in order to control access to political rights, such as voting, welfare benefits, etc.

Identification cards with digitised fingerprints are being used in elector identification of voters in some countries (e.g. Mexico and Spain).

Biometric identification is also being introduced in national health care systems, as for example in the Canadian province of Ontario, in Los Angeles and Connecticut. Spain is developing a smart card for all welfare and pension benefits.

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Identity vs. Identification

It has become a commonplace observation that the history of modernity has been accompanied by what one might call a general weakening of identity, both as a theoretical concept and as a social and cultural reality. This blurring of identity has come to full fruition in the 20th century. As a theoretical concept, identity has lost its metaphysical foundation of "full correspondence" following the destruction of metaphysics by thinkers such as Nietzsche, Heidegger, Witgenstein or Davidson. Nietzsche's "dead god", his often-quoted metaphor for the demise of metaphysics, has left western cultures not only with the problem of having to learn how to think without permanent foundations; it has left them with both the liberty of constructing identities, and the structural obligation to do so. The dilemmas arising out of this ambivalent situation have given rise to the comment that "god is dead, and men is not doing so well himself". The new promise of freedom is accompanied by the threat of enslavement. Modern, technologically saturated cultures survive and propagate and emancipate themselves by acting as the gatekeepers of their own technological prisons.

On the social and cultural levels, traditional clear-cut identities have become weakened as traditional cultural belonging has been undermined or supplanted by modern socio-technological structures. The question as to "who one is" has become increasingly difficult to answer: hybrid identities are spreading, identities are multiple, temporary, fleeting rather than reflecting an inherited sense of belonging. The war cry of modern culture industry "be yourself" demands the impossible and offers a myriad of tools all outcompeting each other in their promise to fulfil the impossible.

For many, identity has become a matter of choice rather than of cultural or biological heritage, although being able to chose may not have been the result of a choice. A large superstructure of purchasable identification objects caters for an audience finding itself propelled into an ever accelerating and vertiginous spiral of identification and estrangement. In the supermarket of identities, what is useful and cool today is the waste of tomorrow. What is offered as the latest advance in helping you to "be yourself" is as ephemeral as your identification with it; it is trash in embryonic form.

Identity has become both problematic and trivial, causing modern subjects a sense of thrownness and uprootedness as well as granting them the opportunity of overcoming established authoritarian structures. In modern, technologically saturated societies, the general weakening of identities is a prerequisite for emancipation. The return to "strong" clear-cut "real" identities is the way of new fundamentalism demanding a rehabilitation of "traditional values" and protected zones for metaphysical thought, both of which are to be had only at the price of suppression and violence.

It has become difficult to know "who one is", but this difficulty is not merely a private problem. It is also a problem for the exercise of power, for the state and other power institutions also need to know "who you are". With the spread of weak identities, power is exercised in a different manner. Power cannot be exercised without being clear who it addresses; note the dual significance of "subject". A weakened, hybrid undefined subject (in the philosophical sense) cannot be a "good" subject (in the political sense), it is not easy to sub-ject. Without identification, power cannot be exercised. And while identification is itself not a sufficient precondition for authoritarianism, it is certainly a necessary one.

Identities are therefore reconstructed using technologies of identification in order to keep the weakened and hence evasive subjects "sub-jected". States have traditionally employed bureaucratic identification techniques and sanctioned those who trying to evade the grip of administration. Carrying several passports has been the privilege of spies and of dubious outlaws, and not possessing an "ID" at all is the fate of millions of refugees fleeing violence or economic destitution. Lack of identification is structurally sanctioned by placelessness.

The technisised acceleration of societies and the weakening of identities make identification a complicated matter. On the one hand, bureaucratic identification techniques can be technologically bypassed. Passports and signatures can be forged; data can be manipulated and played with. On the other hand, traditional bureaucratic methods are slow. The requirements resulting from these constraints are met by biometric technology.

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Competitive Enterprise Institute

The Competitive Enterprise Institute is a pro-market, public policy group committed to advancing the principles of free enterprise and limited government.

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Citizens for a Sound Economy

Since 1984, Citizens for a Sound Economy has advocated market-based solutions to public policy problems. Uniting its 250,000 members is the fundamental belief that a strong and vibrant free-market economic system offers the best hope for creating opportunity and improving the quality of life for every American.

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Institute for Policy Studies

IPS, based in Washington D.C. is a multi-issue, nationally focused think tank aiming at the promotion of economic redistribution, full employment, ecological restoration, democratic participation, community empowerment, and global nonviolence. IPS pursues its mission through the following eight strategies: activism; scholarship; public debate; political advocacy; model building; memory; training; and global alliances.

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