Providers of digital information might be confronted with copyright related problems when using some of the special features of hypertext media like
Framing
Frames are often used to help define, and navigate within, a content provider's website. Still, when they are used to present (copyrighted) third party material from other sites issues of passing off and misleading or deceptive conduct, as well as copyright infringement, immediately arise.
Hyperlinking
It is generally held that the mere creation of a hyperlink does not, of itself, infringe copyright as usually the words indicating a link or the displayed URL are unlikely to be considered a "work". Nevertheless if a link is clicked on the users browser will download a full copy of the material at the linked address creating a copy in the RAM of his computer courtesy of the address supplied by the party that published the link. Although it is widely agreed that the permission to download material over the link must be part of an implied license granted by the person who has made the material available on the web in the first place, the scope of this implied license is still the subject of debate. Another option that has been discussed is to consider linking
Furthermore hyperlinks, and other "information location tools", like online directories or search engines could cause their operators trouble if they refer or link users to a site that contains infringing material. In this case it is yet unclear whether providers can be held liable for infringement.
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Hardly a firm today can afford not to engage in electronic commerce if it does not want to be swept out of business by competitors. "Information is everything" has become something like the Lord's prayer of the New Economy. But how do you get information about your customer online? Who are the people who visit a website, where do they come from, what are they looking for? How much money do they have, what might they want to buy? These are key questions for a company doing electronic business. Obviously not all of this information can be obtained by monitoring the online behaviour of web users, but there are always little gimmicks that, when combined with common tracking technologies, can help to get more detailed information about a potential customer. These are usually online registration forms, either required for entry to a site, or competitions, sometimes a combination of the two. Obviously, if you want to win that weekend trip to New York, you want to provide your contact details.
The most common way of obtaining information about a user online is a
But cookies record enough information to fine-tune advertising strategies according to a user's preferences and interests, e.g. by displaying certain commercial banners rather than others. For example, if a user is found to respond to a banner of a particular kind, he / she may find two of them at the next visit. Customizing the offers on a website to the particular user is part of one-to-one marketing, a type of
One-to-one marketing can create very different realities that undermine traditional concepts of demand and supply. The ideal is a "frictionless market", where the differential between demand and supply is progressively eliminated. If a market is considered a structure within which demand / supply differentials are negotiated, this amounts to the abolition of the established notion of the nature of a market. Demand and supply converge, desire and it fulfilment coincide. In the end, there is profit without labour. However, such a structure is a hermetic structure of unfreedom.
It can only function when payment is substituted by credit, and the exploitation of work power by the exploitation of data. In fact, in modern economies there is great pressure to increase spending on credit. Using credit cards and taking up loans generates a lot of data around a person's economic behaviour, while at the same restricting the scope of social activity and increasing dependence. On the global level, the consequences of credit spirals can be observed in many of the developing countries that have had to abandon most of their political autonomy. As the data body economy advances, this is also the fate of people in western societies when they are structurally driven into credit spending. It shows that data bodies are not politically neutral.
The interrelation between data, profit and unfreedom is frequently overlooked by citizens and customers. Any company in a modern economy will apply data collecting strategies for profit, with dependence and unfreedom as a "secondary effect". The hunger for data has made IT companies eager to profit from e-business rather resourceful. "Getting to know the customer" - this is a catchphrase that is heard frequently, and which suggests that there are no limits to what a company may want to about a customer. In large online shops, such as
But there are more advanced and effective ways of identification. The German company
Bu there are much less friendly ways of extracting data from a user and feeding the data body. Less friendly means: these methods monitor users in situations where the latter are likely not to want to be monitored. Monitoring therefore takes place in a concealed manner. One of these monitoring methods are so-called
Bugs monitoring users have also been packaged in seemingly harmless toys made available on the Internet. For example,
The cursor image technology relies on what is called a GUID (global unique identifier). This is an identification number which is assigned to a customer at the time of registration, or when downloading a product. Many among the online community were alarmed when in 1999 it was discovered that
However, in the meantime, another possible infringement on user anonymity by Microsoft was discovered, when it as found out that MS Office documents, such as Word, Excel or Powerpoint, contain a bug that is capable of tracking the documents as they are sent through the net. The bug sends information about the user who opens the document back to the originating server. A document that contains the bug can be tracked across the globe, through thousands of stopovers. In detailed description of the bug and how it works can be found at the
Of course there are many other ways of collecting users' data and creating appropriating data bodies which can then be used for economic purposes. Indeed, as Bill Gates commented, "information is the lifeblood of business". The electronic information networks are becoming the new frontier of capitalism.
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Although it is generally hard to distinguish between public relations and propaganda,
It furthermore played a central role in the Gulf War. On behalf of the Kuwaiti government it presented a 15-year-old girl to testify before Congress about human rights violations in a Kuwaiti hospital. The girl, later found out to be the daughter of Kuwait's ambassador to the U.S., and its testimony then became the centerpiece of a finely tuned PR campaign orchestrated by Hill & Knowlton and co-ordinated with the White House on behalf of the government of Kuwait an the Citizens for a Free Kuwait group. Inflaming public opinion against Iraq and bringing the U.S. Congress in favor of war in the Gulf, this probably was one of the largest and most effective public relations campaigns in history.
Running campaigns against abortion for the Catholic Church and representing the
Accused of pursuing potentially illegal proxy spying operation for intelligence agencies, Richard Cheney, head of Hill & Knowltons New York office, denied this allegations, but said that "... in such a large organization you never know if there's not some sneak operation going on." On the other hand former
(Source: Carlisle, Johan: Public Relationships: Hill & Knowlton, Robert Gray, and the CIA.
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While most data bunkers are restricted to particular areas or contexts, there are others which act as global data nodes. Companies such as
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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,
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
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ISPs (Internet Service Providers) (and to a certain extent also telecom operators) are involved in the copyright debate primarily because of their role in the transmission and storage of digital information. Problems arise particularly concerning
Caching
Caching it is argued could cause damage because the copies in the cache are not necessarily the most current ones and the delivery of outdated information to users could deprive website operators of accurate "hit" information (information about the number of requests for a particular material on a website) from which advertising revenue is frequently calculated. Similarly harms such as defamation or infringement that existed on the original page may propagate for years until flushed from each cache where they have been replicated.
Although different concepts, similar issues to caching arise with mirroring (establishing an identical copy of a website on a different server), archiving (providing a historical repository for information, such as with newsgroups and mailing lists), and full-text indexing (the copying of a document for loading into a full-text or nearly full-text database which is searchable for keywords or concepts).
Under a literal reading of some copyright laws caching constitutes an infringement of copyright. Yet recent legislation like the
Information Residing on Systems or Networks at the Direction of Users
ISPs may be confronted with problems if infringing material on websites (of users) is hosted on their systems. Although some copyright laws like the DMCA provide for limitations on the liability of ISPs if certain conditions are met, it is yet unclear if ISPs should generally be accountable for the storage of infringing material (even if they do not have actual knowledge) or exceptions be established under specific circumstances.
Transitory Communication
In the course of transmitting digital information from one point on a network to another ISPs act as a data conduit. If a user requests information ISPs engage in the transmission, providing of a connection, or routing thereof. In the case of a person sending infringing material over a network, and the ISP merely providing facilities for the transmission it is widely held that they should not be liable for infringement. Yet some copyright laws like the DMCA provide for a limitation (which also covers the intermediate and transient copies that are made automatically in the operation of a network) of liability only if the ISPs activities meet certain conditions.
For more information on copyright (
Harrington, Mark E.: On-line Copyright Infringement Liability for Internet Service Providers: Context, Cases & Recently Enacted Legislation. In:
Teran, G.:
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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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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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Founded in 1992, the Internet Society is an umbrella organization of several mostly self-organized organizations dedicated to address the social, political, and technical issues, which arise as a result of the evolution and the growth of the Net. Its most important subsidiary organizations are the
Its members comprise companies, government agencies, foundations, corporations and individuals. The Internet Society is governed by elected trustees.
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Copyright laws generally provide for three kinds of neighboring rights: 1) the rights of performing artists in their performances, 2) the rights of producers of phonograms in their phonograms, and 3) the rights of broadcasting organizations in their radio and television programs. Neighboring rights attempt to protect those who assist intellectual creators to communicate their message and to disseminate their works to the public at large.
The International
Looking for ways to create intelligent machines, the field of
The telephone was not invented by Alexander Graham Bell, as is widely held to be true, but by Philipp Reiss, a German teacher. When he demonstrated his invention to important German professors in 1861, it was not enthusiastically greeted. Because of this dismissal, no financial support for further development was provided to him.
And here Bell comes in: In 1876 he successfully filed a patent for the telephone. Soon afterwards he established the first telephone company.
The MIT (Massachusetts Institute of Technology) is a privately controlled coeducational institution of higher learning famous for its scientific and technological training and research. It was chartered by the state of Massachusetts in 1861 and became a land-grant college in 1863. During the 1930s and 1940s the institute evolved from a well-regarded technical school into an internationally known center for scientific and technical research. In the days of the Great Depression, its faculty established prominent research centers in a number of fields, most notably analog computing (led by
The ongoing World Wide Web History Project was established to record and publish the history of the World Wide Web and its roots in hypermedia and networking. As primary research methods are used archival research and the analysis of interviews and talks with pioneers of the
http://www.webhistory.org/home.html
DARPA (Defense Advanced Research Projects Agency) is the independent research branch of the U.S. Department of Defense that, among its other accomplishments, funded a project that in time was to lead to the creation of the Internet. Originally called ARPA (the "D" was added to its name later), DARPA came into being in 1958 as a reaction to the success of Sputnik, Russia's first manned satellite. DARPA's explicit mission was (and still is) to think independently of the rest of the military and to respond quickly and innovatively to national defense challenges.
In the late 1960s, DARPA provided funds and oversight for a project aimed at interconnecting computers at four university research sites. By 1972, this initial network, now called the
http://www.darpa.mil