Commercial vs. Independent Content: Power and Scope

Regarding the dimension of their financial and human resources commercial media companies are at any rate much more powerful players than their independent counterparts. Still those reply with an extreme multiplicity and diversity. Today thousands of newsgroups, mailing-list and e-zines covering a wide range of issues from the environment to politics, social and human rights, culture, art and democracy are run by alternative groups.

Moreover independent content provider have started to use digital media for communication, information and co-ordination long before they were discovered by corporate interest. They regularly use the Internet and other networks to further public discourse and put up civic resistance. And in many cases are very successful with their work, as initiatives like widerst@ndMUND's (AT) co-ordination of the critics of the participation of the Freedom Party in the Austrian government via mailing-lists, an online-magazine and discussion forums, show.

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Beautiful bodies

However, artificial beings need not be invisible or look like Arnold Schwarzenegger in "Terminator". "My dream would be to create an artificial man that does not look like a robot but like a beautiful, graceful human being. The artificial man should be beautiful". Nadia Thalman's hopes for beautiful robots may become reality in the work of MIRALab, a research laboratory attached to the University of Geneva dedicated to realistic modelling of human functionalities. The laboratory has produced an artificial Marylyn Monroe showing just how beautiful artificial creatures can be, and there is a biography featuring details of her career and her - however virtual - love life. Yet beautiful creatures have been made before, at leas on the movie screen. Frank-N-furter, the protagonist of the Rocky Horror picture show ("I've been making a man / with blond hair and a tan / and he is good for relieving my /tension) did set remakrable esthetic standards.

While in Hindu mythology, avatars are bodies chosen by gods for their representation on earth, often animals such as swans or horses, the avatars populating cyberspace have a different function. The cyber bodies of real people, often 3 dimensional images of creatures whose aesthetics reflects both the tastes prevalent in the entertainment and advertising industries as the state of art in visual representation.

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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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The 2nd Chechnya-War

In the summer of 1999 between 1.200 and 2.000 Muslim rebels from Chechnya fell into Dagestan. Rumors say that Russian soldiers closed their eyes pretending not to see anything. During the fightings that started soon, many persons got killed. The hole issue was blamed on Chechnya.
At that time there were rumors that there would be heavy bombing in Moscow in September. And there was. Those two things together brought back the hatred against the Chechnya rebels. The 2nd War between Russia and the Muslim country began. While the first war was lost at home, because the Russians, especially mothers, did not understand why their sons should fight against Chechnya, this time the atmosphere was completely different. In the cities 85% and all over Russia 65% of the Russian population agreed with the war. This time the war was a national issue, a legitimate defense.
The media emphasized this.
Alexander Zilin, a journalist, found out that the truth was far from the one presented in the media: First of all there was no evidence that the Moscow-bombings were organized by Chechnyans. On the contrary it is more than probable that the crimes were organized by a governmental institution for national security. The disinformation was part of the strategy to make the population support another war with Chechnya. The media were part of the story, maybe without knowing. They kept on the government's and army's side, showing only special and patriotic parts of the war. For example the number of dead Russian soldiers was held back.

The U.S.-behavior on this:
The USA would like to intervene but they are afraid of ruining the weak relation to Russia. For years the main topic of U.S.-politics has been the struggle against terrorism. Now Russia pretends to be fighting terrorism. How could it be criticized for that?

The reason for this war is rather cynical: it worked as a public relations-campaign for Vladimir Putin, candidate for the president's elections in. When Putin came into power as minister-president of Russia in August 1999, opinion polls gave him 2% for the elections in summer 2000. By the end of November he got already 46%! And finally he won. The public relations war worked well.
At the same time a propaganda-campaign against his rival Y. Primakov (98), formerly the most popular candidate, was spreading lies and bad rumors. Opinion-polls showed very fast that he had lost the elections because of this black propaganda, even before the elections took place.

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The Privatization of Censorship

According to a still widely held conviction, the global data networks constitute the long desired arena for uncensorable expression. This much is true: Because of the Net it has become increasingly difficult to sustain cultural and legal standards. Geographical proximity and territorial boundaries prove to be less relevant, when it does not affect a document's availability if it is stored on your desktop or on a host some thousand kilometers away. There is no international agreement on non-prohibited contents, so human rights organizations and nazi groups alike can bypass restrictions. No single authority or organization can impose its rules and standards on all others. This is why the Net is public space, a political arena where free expression is possible.

This freedom is conditioned by the design of the Net. But the Net's design is not a given, as Lawrence Lessig reminds us. Originally the design of the Net allowed a relatively high degree of privacy and communication was not controlled directly. But now this design is changing and this invisible agora in electronic space is endangered. Governments - even elected ones - and corporations introduce new technologies that allow us to be identified, monitored and tracked, that identify and block content, and that can allow our behaviour to be efficiently controlled.

When the World Wide Web was introduced, soon small independent media and human rights organizations began to use this platform for drawing worldwide attention to their publications and causes. It seemed to be the dawning of a new era with authoritarian regimes and multinational media corporations on the looser side. But now the Net's design is changing according to their needs.

"In every context that it can, the entertaining industry is trying to force the Internet into its own business model: the perfect control of content. From music (fighting MP3) and film (fighting the portability of DVD) to television, the industry is resisting the Net's original design. It was about the free flow of content; Hollywood wants perfect control instead" (Lawrence Lessig, Cyberspace Prosecutor, in: The Industry Standard, February 2000).

In the United States, Hollywood and AT&T, after its merger with MediaOne becoming the biggest US cable service provider, return to their prior positions in the Seventies: the control of content and infrastructure. If most people will access the Net via set up boxes connected to a TV set, it will become a kind of television, at least in the USA.

For small independent media it will become very hard to be heard, especially for those offering streaming video and music. Increasingly faster data transmissions just apply to download capacities; upload capacities are much - on the average about eight times - lower than download capacities. As an AT&T executive said in response to criticism: "We haven't built a 56 billion dollar cable network to have the blood sucked from our veins" (Lawrence Lessig, The Law in the Code: How the Net is Regulated, Lecture at the Institute for Human Sciences, Vienna, May 29th, 2000).

Consumers, not producers are preferred.

For corporations what remains to be done to control the Net is mainly to cope with the fact that because of the Net it has become increasingly difficult to sustain cultural and legal standards. On Nov 11, 1995 the German prosecuting attorney's office searched Compuserve Germany, the branch of an international Internet service provider, because the company was suspected of having offered access to child pornography. Consequently Compuserve blocked access to more than 200 newsgroups, all containing "sex" or "gay" in their names, for all its customers. But a few days later, an instruction for access to these blocked newsgroups via Compuserve came into circulation. On February 26, 1997, Felix Somm, the Chief Executive Officer of Compuserve Germany, was accused of complicity with the distribution of child and animal pornography in newsgroups. In May 1998 he received a prison sentence for two years. This sentence was suspended against a bail of about 51.000 Euro. The sentence was justified by pointing to the fact that Compuserve Germany offered access to its US parent company's servers hosting child pornography. Felix Somm was held responsible for access to forbidden content he could not know of. (For further information (in German) click here.)

Also in 1995, as an attack on US Vice-President Al Gore's intention to supply all public schools with Internet access, Republican Senator Charles Grassley warned of the lurking dangers for children on the Net. By referring to a Time magazine cover story by Philip Elmer-Dewitt from July 3 on pornography on the Net, he pointed out that 83,5% of all images online are pornographic. But Elmer-Dewitt was wrong. Obviously unaware of the difference between Bulletin Board Systems and the Net, he referred misleadingly to Marty Rimm's article Marketing Pornography on the Information Superhighway, published in the prestigious Georgetown Law Journal (vol. 83, June 1995, pp. 1849-1935). Rimm knew of this difference, of course, and stated it clearly. (For further information see Hoffman & Novak, The Cyberporn debate, http://ecommerce.vanderbilt.edu/cyberporn.debate.html and Franz Wegener, Cyberpornographie: Chronologie einer Hexenjagd; http://www.intro-online.de/c6.html)

Almost inevitably anxieties accompany the introduction of new technologies. In the 19th century it was said that traveling by train is bad for health. The debate produced by Time magazine's cover story and Senator Grassley's attack caused the impression that the Net has multiplied possible dangers for children. The global communication networks seem to be a inexhaustible source of mushrooming child pornography. Later would-be bomb recipes found on the Net added to already prevailing anxieties. As even in industrialized countries most people still have little or no first-hand experience with the Net, anxieties about child pornography or terrorist attacks can be stirred up and employed easily.

A similar and related debate is going on about the glorification of violence and erotic depictions in media. Pointing to a "toxic popular culture" shaped by media that "distort children's view of reality and even undermine their character growth", US right-wing social welfare organizations and think tanks call for strong media censorship. (See An Appeal to Hollywood, http://www.media-appeal.org/appeal.htm) Media, especially films and videos, are already censored and rated, so it is more censorship that is wanted.

The intentions for stimulating a debate on child pornography on the Net were manifold: Inter alia, it served the Republican Party to attack Democrat Al Gore's initiative to supply all public schools with Internet access; additionally, the big media corporations realized that because of the Net they might have to face new competitors and rushed to press for content regulation. Taking all these intentions together, we can say that this still ongoing debate constitutes the first and most well known attempt to impose content regulation on the Net. Consequently, at least in Western countries, governments and media corporations refer to child pornography for justifying legal requirement and the implementation of technologies for the surveillance and monitoring of individuals, the filtering, rating and blocking of content, and the prohibition of anonymous publishing on the Net.

In the name of "cleaning" the Net of child pornography, our basic rights are restricted. It is the insistence on unrestricted basic rights that needs to be justified, as it may seem.

Underlying the campaign to control the Net are several assumptions. Inter alia: The Net lacks control and needs to be made safe and secure; we may be exposed inadvertently to pornographic content; this content is harmful to children. Remarkably, racism seems to be not an issue.

The Net, especially the World Wide Web, is not like television (although it is to be feared this is what it might become like within the next years). Say, little Mary types "Barbie" in a search engine. Click here to see what happens. It is true, sometimes you might have the opportunity to see that pornography is just a few mouse clicks away, but it is not likely that you might be exposed to pornographic content unless you make deliberate mouse clicks.

In reaction to these anxieties, but in absence of data how children use the Internet, the US government released the Communications Decency Act (CDA) in 1996. In consequence the Electronic Frontier Foundation (EFF) launched the famous Blue Ribbon Campaign and, among others, America Online and Microsoft Corporation supported a lawsuit of the American Civil Liberties Union (ACLU) against this Act. On June 26, 1997, the US Supreme Court ruled the CDA as unconstitutional under the provisions of the First Amendment to the Constitution: The Communications Decency Act violated the basic right to free expression. After a summit with the US government industry leaders announced the using of existing rating and blocking systems and the development of new ones for "inappropriate" online resources.

So, after the failing of the CDA the US government has shifted its responsibility to the industry by inviting corporations to taking on governmental tasks. Bearing in the mind the CompuServe case and its possible consequences, the industry welcomed this decision and was quick to call this newly assumed responsibility "self-regulation". Strictly speaking, "self-regulation" as meant by the industry does not amount to the regulation of the behaviour of corporations by themselves. On the opposite, "self-regulation" is to be understood as the regulation of users' behaviour by the rating, filtering and blocking of Internet content considered being inappropriate. The Internet industry tries to show that technical solutions are more favourable than legislation und wants to be sure, not being held responsible and liable for illegal, offensive or harmful content. A new CompuServe case and a new Communications Decency Act shall be averted.

In the Memorandum Self-regulation of Internet Content released in late 1999 by the Bertelsmann Foundation it is recommended that the Internet industry joins forces with governmental institutions for enforcing codes of conduct and encouraging the implementation of filters and ratings systems. For further details on the Memorandum see the study by the Center for Democracy and Technology, An Analysis of the Bertelsmann Foundation Memorandum on Self-Regulation of Internet Content: Concerns from a User Empowerment Perspective.

In fact, the "self-regulation" of the Internet industry is privatized censorship performed by corporations and right-wing NGOs. Censorship has become a business. "Crucially, the lifting of restrictions on market competition hasn't advanced the cause of freedom of expression at all. On the contrary, the privatisation of cyberspace seems to be taking place alongside the introduction of heavy censorship." (Richard Barbrook and Andy Cameron, The Californian Ideology)

While trying to convince us that its technical solutions are appropriate alternatives to government regulation, the Internet industry cannot dispense of governmental backing to enforce the proposed measures. This adds to and enforces the censorship measures already undertaken by governments. We are encouraged to use today's information and communication technologies, while the flow of information is restricted.

According to a report by Reporters Sans Frontières, quoted by Leonard R. Sussman in his essay Censor Dot Gov. The Internet and Press Freedom 2000, the following countries totally or largely control Internet access: Azerbaijan, Belarus, Burma, China, Cuba, Iran, Iraq, Kazakhstan, Kirghizstan, Libya, North Korea, Saudi Arabia, Sierra Leone, Sudan, Syria, Tajikistan, Tunisia, Turkmenistan, Uzbekistan, and Vietnam.

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Leonard M. Adleman

Leonard M. Adleman was one of three persons in a team to invent the RSA public-key cryptosystem. The co-authors were Adi Shamir and Ron Rivest.

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cryptology

also called "the study of code". It includes both, cryptography and cryptoanalysis

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Boris Yeltsin

Boris Yeltsin was Russian President until the end of 1999. After many years of work for the Communist Party, he joined the Politburo in 1986. His sharp critique on Mikhail Gorbachev forced that one to resign. Yeltsin won the 1990 election into Russian presidency and quit the Communist Party. Quarrels with the Parliament could not destroy his popularity until the secession war with Chechnya. When the Russian economy collapsed in 1998, he dismissed his entire government. In the end the sick old man of Russian politics had lost all his popularity as a president and resigned for the benefit of his political son Vladimir Putin.

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Core copyright industries

Those encompass the industries that create copyrighted works as their primary product. These industries include the motion picture industry (television, theatrical, and home video), the recording industry (records, tapes and CDs), the music publishing industry, the book, journal and newspaper publishing industry, and the computer software industry (including data processing, business applications and interactive entertainment software on all platforms), legitimate theater, advertising, and the radio, television and cable broadcasting industries.

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Open Systems Interconnection (OSI)

Open Systems Interconnection (OSI) is a standard reference model for communication between two end users in a network. It is used in developing products and understanding networks.

Source: Whatis.com

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Technological measures

As laid down in the proposed EU Directive on copyright and related rights in the information society technological measures mean "... any technology, device, or component that, in the normal course of its operations, is designed to prevent or inhibit the infringement of any copyright..." The U.S. DMCA (Digital Millennium Copyright Act) divides technological measures in two categories: 1) measures that prevent unauthorized access to a copyrighted work, and 2) measures that prevent unauthorized copying of a copyrighted work. Also the making or selling of devices or services that can be used to circumvent either category of technological measures is prohibited under certain circumstances in the DMCA. Furthermore the 1996 WIPO Copyright Treaty states that the "... contracting parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors..."

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Fair use

Certain acts normally restricted by copyright may, in circumstances specified in the law, be done without the authorization of the copyright owner. Fair use may therefore be described as the privilege to use copyrighted material in a reasonable manner without the owner's consent and allows the reproduction and use of a work for limited purposes such as criticism, comment, news reporting, teaching, and research. To determine whether a use is fair or not most copyright laws consider: 1) purpose and character of the use, 2) nature of the copyrighted work, 3) amount and substantiality of the portion used, and 4) effect of the use on the potential market. Examples of activities that may be excused as fair use include: providing a quotation in a book review; distributing copies of a section of an article in class for educational purposes; and imitating a work for the purpose of parody or social commentary.

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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: www.ibm.com

http://www.ibm.com/
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Sperry

Formerly (1955 - 1979) Sperry Rand Corporation, American corporation that merged with the Burroughs Corporation in 1986 to form Unisys Corporation, a large computer manufacturer.

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Invention

According to the WIPO an invention is a "... novel idea which permits in practice the solution of a specific problem in the field of technology." Concerning its protection by law the idea "... must be new in the sense that is has not already been published or publicly used; it must be non-obvious in the sense that it would not have occurred to any specialist in the particular industrial field, had such a specialist been asked to find a solution to the particular problem; and it must be capable of industrial application in the sense that it can be industrially manufactured or used." Protection can be obtained through a patent (granted by a government office) and typically is limited to 20 years.

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