Challenges for Copyright by ICT: Digital Content Providers

Providers of digital information might be confronted with copyright related problems when using some of the special features of hypertext media like frames and hyperlinks (which both use third party content available on the Internet to enhance a webpage or CD ROM), or operate a search engine or online directory on their website.

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 fair use.

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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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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Challenges for Copyright by ICT: Internet Service Providers

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, information residing on systems or networks of ISPs at the directions of users and transitory communication.

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 DMCA or the proposed EU Directive on copyright and related rights in the information society (amended version) have provided exceptions for ISPs concerning particular acts of reproduction that are considered technical copies (caching). Nevertheless the exemption of liability for ISPs only applies if they meet a variety of specific conditions. In the course of the debate about caching also suggestions have been made to subject it to an implied license or fair use defense or make it (at least theoretically) actionable.

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 (intellectual property) related problems of ISPs (BBSs (Bulletin Board Service Operators), systems operators and other service providers) see:

Harrington, Mark E.: On-line Copyright Infringement Liability for Internet Service Providers: Context, Cases & Recently Enacted Legislation. In: Intellectual Property and Technology Forum. June 4, 1999.

Teran, G.: Who is Vulnerable to Suit? ISP Liability for Copyright Infringement. November 2, 1999.

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Basics: Introduction

Copyright law is a branch of intellectual property law and deals with the rights of intellectual creators in their works. The scope of copyright protection as laid down in Article 2 of the 1996 WIPO Copyright Treaty "... extends to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such." Copyright law protects the creativity concerning the choice and arrangement of words, colors, musical notes etc. It grants the creators of certain specified works exclusive rights relating to the "copying" and use of their original creation.


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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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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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Feeding the data body

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Timeline Cryptography - Introduction

Besides oral conversations and written language many other ways of information-transport are known: like the bush telegraph, drums, smoke signals etc. Those methods are not cryptography, still they need en- and decoding, which means that the history of language, the history of communication and the history of cryptography are closely connected to each other
The timeline gives an insight into the endless fight between enciphering and deciphering. The reasons for them can be found in public and private issues at the same time, though mostly connected to military maneuvers and/or political tasks.

One of the most important researchers on Cryptography through the centuries is David Kahn; many parts of the following timeline are originating from his work.

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Online data capturing

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 cookie. However, a cookie by itself is not sufficient to identify a user personally. It merely identifies the computer to the server by providing its IP number. Only combined with other data extraction techniques, such as online registration, can a user be identified personally ("Register now to get the full benefit of xy.com. It's free!")

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 direct marketing. But one-to-one marketing can go further than this. It can also offer different prices to different users. This was done by Amazon.com in September 2000, when fist-time visitors were offered cheaper prices than regular customers.

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 amazon.com, where customer's identity is accurately established by the practice of paying with credit cards, an all business happens online, making it easy for the company to accurately profile the customers.

But there are more advanced and effective ways of identification. The German company Sevenval has developed a new way of customer tracking which works with "virtual domains". Every visitor of a website is assigned an 33-digit identification number which the browser understands as part of the www address, which will then read something like http://XCF49BEB7E97C00A328BF562BAAC75FB2.sevenval.com. Therefore, this tracking method, which is advertised by Sevenval as a revolutionary method capable of tracking the exact and complete path of a user on a website, can not be simple switched off. In addition, the method makes it possible for the identity of a user can travel with him when he / she visits one of the other companies linked to the site in question. As in the case of cookies, this tracking method by itself is not sufficient to identify a user personally. Such an identification only occurs once a customer pays with a credit card, or decides to participate in a draw, or voluntarily completes a registration form.

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 web bugs. These are tiny graphics, not more than 1 x 1 pixel in size, and therefore invisible on a screen, capable of monitoring an unsuspecting user's e-mails or movements on a website. Leading corporations such as Barnes and Noble, eToys, Cooking.com, and Microsoft have all used web bugs in advertising campaigns. Richard Smith has compiled a web bugs FAQ site that contains detailed information and examples of web bugs in use.

Bugs monitoring users have also been packaged in seemingly harmless toys made available on the Internet. For example, Comet Systems offers cursor images which have been shown to collect user data and send them back to the company's server. These little images replace the customary white arrow of a mouse with a little image of a baseball, a cat, an UFO, etc. large enough to carry a bug collecting user information. The technology is offered as a marketing tool to companies looking for a "fun, new way to interact with their audience".

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 Microsoft assigned GUIDS without their customer's knowledge. Following protests, the company was forced to change the registration procedure, assuring that under no circumstances would these identification numbers be used for tracking or marketing.

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 Privacy Foundation's website. Also, there is an example of such a bug at the Privacy Center of the University of Denver.

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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Legal Protection: WIPO (World Intellectual Property Organization)

Presumably the major player in the field of international intellectual property protection and administrator of various multilateral treaties dealing with the legal and administrative aspects of intellectual property is the WIPO.

Information on WIPO administered agreements in the field of industrial property (Paris Convention for the Protection of Industrial Property (1883), Madrid Agreement Concerning the International Registration of Marks (1891) etc.) can be found on: http://www.wipo.org/eng/general/index3.htm

Information on treaties concerning copyright and neighboring rights (Berne Convention for the Protection of Literary and Artistic Works (1886) etc.) is published on: http://www.wipo.org/eng/general/index5.htm

The most recent multilateral agreement on copyright is the 1996 WIPO Copyright Treaty. Among other things it provides that computer programs are protected as literary works and also introduces the protection of databases, which "... by reason of the selection or arrangement of their content constitute intellectual creations." Furthermore the 1996 WIPO Copyright Treaty contains provisions concerning technological measures, rights management information and establishes a new "right of communication to the public". It is available on: http://www.wipo.org/eng/diplconf/distrib/treaty01.htm

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In Search of Reliable Internet Measurement Data

Newspapers and magazines frequently report growth rates of Internet usage, number of users, hosts, and domains that seem to be beyond all expectations. Growth rates are expected to accelerate exponentially. However, Internet measurement data are anything thant reliable and often quite fantastic constructs, that are nevertheless jumped upon by many media and decision makers because the technical difficulties in measuring Internet growth or usage are make reliable measurement techniques impossible.

Equally, predictions that the Internet is about to collapse lack any foundation whatsoever. The researchers at the Internet Performance Measurement and Analysis Project (IPMA) compiled a list of news items about Internet performance and statistics and a few responses to them by engineers.

Size and Growth

In fact, "today's Internet industry lacks any ability to evaluate trends, identity performance problems beyond the boundary of a single ISP (Internet service provider, M. S.), or prepare systematically for the growing expectations of its users. Historic or current data about traffic on the Internet infrastructure, maps depicting ... there is plenty of measurement occurring, albeit of questionable quality", says K. C. Claffy in his paper Internet measurement and data analysis: topology, workload, performance and routing statistics (http://www.caida.org/Papers/Nae/, Dec 6, 1999). Claffy is not an average researcher; he founded the well-known Cooperative Association for Internet Data Analysis (CAIDA).

So his statement is a slap in the face of all market researchers stating otherwise.
In a certain sense this is ridiculous, because since the inception of the ARPANet, the offspring of the Internet, network measurement was an important task. The very first ARPANet site was established at the University of California, Los Angeles, and intended to be the measurement site. There, Leonard Kleinrock further on worked on the development of measurement techniques used to monitor the performance of the ARPANet (cf. Michael and Ronda Hauben, Netizens: On the History and Impact of the Net). And in October 1991, in the name of the Internet Activities Board Vinton Cerf proposed guidelines for researchers considering measurement experiments on the Internet stated that the measurement of the Internet. This was due to two reasons. First, measurement would be critical for future development, evolution and deployment planning. Second, Internet-wide activities have the potential to interfere with normal operation and must be planned with care and made widely known beforehand.
So what are the reasons for this inability to evaluate trends, identity performance problems beyond the boundary of a single ISP? First, in early 1995, almost simultaneously with the worldwide introduction of the World Wide Web, the transition of the stewardship role of the National Science Foundation over the Internet into a competitive industry (bluntly spoken: its privatization) left no framework for adequate tracking and monitoring of the Internet. The early ISPs were not very interested in gathering and analyzing network performance data, they were struggling to meet demands of their rapidly increasing customers. Secondly, we are just beginning to develop reliable tools for quality measurement and analysis of bandwidth or performance. CAIDA aims at developing such tools.
"There are many estimates of the size and growth rate of the Internet that are either implausible, or inconsistent, or even clearly wrong", K. G. Coffman and Andrew, both members of different departments of AT & T Labs-Research, state something similar in their paper The Size and Growth Rate of the Internet, published in First Monday. There are some sources containing seemingly contradictory information on the size and growth rate of the Internet, but "there is no comprehensive source for information". They take a well-informed and refreshing look at efforts undertaken for measuring the Internet and dismantle several misunderstandings leading to incorrect measurements and estimations. Some measurements have such large error margins that you might better call them estimations, to say the least. This is partly due to the fact that data are not disclosed by every carrier and only fragmentarily available.
What is measured and what methods are used? Many studies are devoted to the number of users; others look at the number of computers connected to the Internet or count IP addresses. Coffman and Odlyzko focus on the sizes of networks and the traffic they carry to answer questions about the size and the growth of the Internet.
You get the clue of their focus when you bear in mind that the Internet is just one of many networks of networks; it is only a part of the universe of computer networks. Additionally, the Internet has public (unrestricted) and private (restricted) areas. Most studies consider only the public Internet, Coffman and Odlyzko consider the long-distance private line networks too: the corporate networks, the Intranets, because they are convinced (that means their assertion is put forward, but not accompanied by empirical data) that "the evolution of the Internet in the next few years is likely to be determined by those private networks, especially by the rate at which they are replaced by VPNs (Virtual Private Networks) running over the public Internet. Thus it is important to understand how large they are and how they behave." Coffman and Odlyzko check other estimates by considering the traffic generated by residential users accessing the Internet with a modem, traffic through public peering points (statistics for them are available through CAIDA and the National Laboratory for Applied Network Research), and calculating the bandwidth capacity for each of the major US providers of backbone services. They compare the public Internet to private line networks and offer interesting findings. The public Internet is currently far smaller, in both capacity and traffic, than the switched voice network (with an effective bandwidth of 75 Gbps at December 1997), but the private line networks are considerably larger in aggregate capacity than the Internet: about as large as the voice network in the U. S. (with an effective bandwidth of about 330 Gbps at December 1997), they carry less traffic. On the other hand, the growth rate of traffic on the public Internet, while lower than is often cited, is still about 100% per year, much higher than for traffic on other networks. Hence, if present growth trends continue, data traffic in the U. S. will overtake voice traffic around the year 2002 and will be dominated by the Internet. In the future, growth in Internet traffic will predominantly derive from people staying longer and from multimedia applications, because they consume more bandwidth, both are the reason for unanticipated amounts of data traffic.

Hosts

The Internet Software Consortium's Internet Domain Survey is one of the most known efforts to count the number of hosts on the Internet. Happily the ISC informs us extensively about the methods used for measurements, a policy quite rare on the Web. For the most recent survey the number of IP addresses that have been assigned a name were counted. At first sight it looks simple to get the accurate number of hosts, but practically an assigned IP address does not automatically correspond an existing host. In order to find out, you have to send a kind of message to the host in question and wait for a reply. You do this with the PING utility. (For further explanations look here: Art. PING, in: Connected: An Internet Encyclopaedia) But to do this for every registered IP address is an arduous task, so ISC just pings a 1% sample of all hosts found and make a projection to all pingable hosts. That is ISC's new method; its old method, still used by RIPE, has been to count the number of domain names that had IP addresses assigned to them, a method that proved to be not very useful because a significant number of hosts restricts download access to their domain data.
Despite the small sample, this method has at least one flaw: ISC's researchers just take network numbers into account that have been entered into the tables of the IN-ADDR.ARPA domain, and it is possible that not all providers know of these tables. A similar method is used for Telcordia's Netsizer.

Internet Weather

Like daily weather, traffic on the Internet, the conditions for data flows, are monitored too, hence called Internet weather. One of the most famous Internet weather report is from The Matrix, Inc. Another one is the Internet Traffic Report displaying traffic in values between 0 and 100 (high values indicate fast and reliable connections). For weather monitoring response ratings from servers all over the world are used. The method used is to "ping" servers (as for host counts, e. g.) and to compare response times to past ones and to response times of servers in the same reach.

Hits, Page Views, Visits, and Users

Let us take a look at how these hot lists of most visited Web sites may be compiled. I say, may be, because the methods used for data retrieval are mostly not fully disclosed.
For some years it was seemingly common sense to report requested files from a Web site, so called "hits". A method not very useful, because a document can consist of several files: graphics, text, etc. Just compile a document from some text and some twenty flashy graphical files, put it on the Web and you get twenty-one hits per visit; the more graphics you add, the more hits and traffic (not automatically to your Web site) you generate.
In the meantime page views, also called page impressions are preferred, which are said to avoid these flaws. But even page views are not reliable. Users might share computers and corresponding IP addresses and host names with others, she/he might access not the site, but a cached copy from the Web browser or from the ISP's proxy server. So the server might receive just one page request although several users viewed a document.

Especially the editors of some electronic journals (e-journals) rely on page views as a kind of ratings or circulation measure, Rick Marin reports in the New York Times. Click-through rates - a quantitative measure - are used as a substitute for something of intrinsically qualitative nature: the importance of a column to its readers, e. g. They may read a journal just for a special column and not mind about the journal's other contents. Deleting this column because of not receiving enough visits may cause these readers to turn their backs on their journal.
More advanced, but just slightly better at best, is counting visits, the access of several pages of a Web site during one session. The problems already mentioned apply here too. To avoid them, newspapers, e.g., establish registration services, which require password authentication and therefore prove to be a kind of access obstacle.
But there is a different reason for these services. For content providers users are virtual users, not unique persons, because, as already mentioned, computers and IP addresses can be shared and the Internet is a client-server system; in a certain sense, in fact computers communicate with each other. Therefore many content providers are eager to get to know more about users accessing their sites. On-line registration forms or WWW user surveys are obvious methods of collecting additional data, sure. But you cannot be sure that information given by users is reliable, you can just rely on the fact that somebody visited your Web site. Despite these obstacles, companies increasingly use data capturing. As with registration services cookies come here into play.

For

If you like to play around with Internet statistics instead, you can use Robert Orenstein's Web Statistics Generator to make irresponsible predictions or visit the Internet Index, an occasional collection of seemingly statistical facts about the Internet.

Measuring the Density of IP Addresses

Measuring the Density of IP Addresses or domain names makes the geography of the Internet visible. So where on earth is the most density of IP addresses or domain names? There is no global study about the Internet's geographical patterns available yet, but some regional studies can be found. The Urban Research Initiative and Martin Dodge and Narushige Shiode from the Centre for Advanced Spatial Analysis at the University College London have mapped the Internet address space of New York, Los Angeles and the United Kingdom (http://www.geog.ucl.ac.uk/casa/martin/internetspace/paper/telecom.html and http://www.geog.ucl.ac.uk/casa/martin/internetspace/paper/gisruk98.html).
Dodge and Shiode used data on the ownership of IP addresses from RIPE, Europe's most important registry for Internet numbers.





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Another Question of Security

Even with the best techniques it is impossible to invent a cryptographic system that is absolutely safe/unbreakable. To decipher a text means to go through many, sometimes nearly - but never really - endless attempts. For the computers of today it might take hundreds of years or even more to go through all possibilities of codes, but still, finally the code stays breakable. The much faster quantum computers will proof that one day.
Therefore the decision to elect a certain method of enciphering finally is a matter of trust.

For the average user of computers it is rather difficult to understand or even realize the dangers and/or the technological background of electronic transmission of data. For the majority thinking about one's own necessities for encryption first of all means to trust others, the specialists, to rely on the information they provide.
The websites explaining the problems behind (and also the articles and books concerning the topic) are written by experts of course as well, very often in their typical scientific language, merely understandable for laymen. The introductions and other superficial elements of those articles can be understood, whereas the real background appears as untouchable spheres of knowledge.

The fact that dangers are hard to see through and the need for security measures appears as something most people know from media reports, leads directly to the problem of an underdeveloped democracy in the field of cryptography. Obviously the connection between cryptography and democracy is rather invisible for many people. Those mentioned media reports often specialize in talking about the work computer hackers do (sometimes being presented as criminals, sometimes as heroes) and the danger to lose control over the money drawn away from one's bank account, if someone steals the credit card number or other important financial data. The term "security", surely connected to those issues, is a completely different one from the one that is connected to privacy.
It is especially the latter that touches the main elements of democracy.

for the question of security see:
http://www-db.stanford.edu/pub/gio/CS99I/security.html

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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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Timeline 1900-1970 AD

1913 the wheel cipher gets re-invented as a strip

1917 William Frederick Friedman starts working as a cryptoanalyst at Riverbank Laboratories, which also works for the U.S. Government. Later he creates a school for military cryptoanalysis

- an AT&T-employee, Gilbert S. Vernam, invents a polyalphabetic cipher machine that works with random-keys

1918 the Germans start using the ADFGVX-system, that later gets later by the French Georges Painvin

- Arthur Scherbius patents a ciphering machine and tries to sell it to the German Military, but is rejected

1919 Hugo Alexander Koch invents a rotor cipher machine

1921 the Hebern Electric Code, a company producing electro-mechanical cipher machines, is founded

1923 Arthur Scherbius founds an enterprise to construct and finally sell his Enigma machine for the German Military

late 1920's/30's more and more it is criminals who use cryptology for their purposes (e.g. for smuggling). Elizabeth Smith Friedman deciphers the codes of rum-smugglers during prohibition regularly

1929 Lester S. Hill publishes his book Cryptography in an Algebraic Alphabet, which contains enciphered parts

1933-1945 the Germans make the Enigma machine its cryptographic main-tool, which is broken by the Poles Marian Rejewski, Gordon Welchman and Alan Turing's team at Bletchley Park in England in 1939

1937 the Japanese invent their so called Purple machine with the help of Herbert O. Yardley. The machine works with telephone stepping relays. It is broken by a team of William Frederick Friedman. As the Japanese were unable to break the US codes, they imagined their own codes to be unbreakable as well - and were not careful enough.

1930's the Sigaba machine is invented in the USA, either by W.F. Friedman or his colleague Frank Rowlett

- at the same time the British develop the Typex machine, similar to the German Enigma machine

1943 Colossus, a code breaking computer is put into action at Bletchley Park

1943-1980 the cryptographic Venona Project, done by the NSA, is taking place for a longer period than any other program of that type

1948 Shannon, one of the first modern cryptographers bringing mathematics into cryptography, publishes his book A Communications Theory of Secrecy Systems

1960's the Communications-Electronics Security Group (= CESG) is founded as a section of Government Communications Headquarters (= GCHQ)

late 1960's the IBM Watson Research Lab develops the Lucifer cipher

1969 James Ellis develops a system of separate public-keys and private-keys

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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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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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Databody convergence

In the phrase "the rise of the citizen as a consumer", to be found on the EDS website, the cardinal political problem posed by the databody industry is summarised: the convergence of commercial and political interest in the data body business, the convergence of bureaucratic and commercial data bodies, the erosion of privacy, and the consequent undermining of democratic politics by private business interest.

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: Experian has claimed to lose LST 500 mn as a consequence of this restriction - a figure that, even if exaggerated, may help to understand what the value of personal data actually is.

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, EDS, is also among the foremost outsourcing companies. In an article about EDS' involvement in government outsourcing in Britain, Simon Davies shows how the general trend towards outsourcing combined with advances in computer technology allow companies EDS, outside of any public accountability, to create something like blueprints for the societies of the 21st century. But the problem of accountability is not the only one to be considered in this context. As Davies argues, the data business is taking own its own momentum "a ruthless company could easily hold a government to ransom". As the links between government agencies and citizens thin out, however, the links among the various agencies might increase. Linking the various government information systems would amount to further increase in efficiency, and a further undermining of democracy. The latter, after all, relies upon the separation of powers - matching government information systems would therefore pave the way to a kind of electronic totalitarianism that has little to do with the ideological bent of George Orwell's 1984 vision, but operates on purely technocratic principles.

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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Timeline BC

~ 1900 BC: Egyptian writers use non-standard Hieroglyphs in inscriptions of a royal tomb; supposedly this is not the first but the first documented example of written cryptography

1500 an enciphered formula for the production of pottery is done in Mesopotamia

parts of the Hebrew writing of Jeremiah's words are written down in "atbash", which is nothing else than a reverse alphabet and one of the first famous methods of enciphering

4th century Aeneas Tacticus invents a form of beacons, by introducing a sort of water-clock

487 the Spartans introduce the so called "skytale" for sending short secret messages to and from the battle field

170 Polybius develops a system to convert letters into numerical characters, an invention called the Polybius Chequerboard.

50-60 Julius Caesar develops an enciphering method, later called the Caesar Cipher, shifting each letter of the alphabet an amount which is fixed before. Like atbash this is a monoalphabetic substitution.

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Legal Protection: European Union

Within the EU's goal of establishing a European single market also intellectual property rights are of significance. Therefore the European Commission aims at the harmonization of the respective national laws of the EU member states and for a generally more effective protection of intellectual property on an international level. Over the years it has adopted a variety of Conventions and Directives concerned with different aspects of the protection of industrial property as well as copyright and neighboring rights.

An overview of EU activities relating to intellectual property protection is available on the website of the European Commission (DG Internal Market): http://www.europa.eu.int/comm/internal_market/en/intprop/intprop/index.htm

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Legal Protection: National Legislation

Intellectual property - comprising industrial property and copyright - in general is protected by national legislation. Therefore those rights are limited territorially and can be exercised only within the jurisdiction of the country or countries under whose laws they are granted.

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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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Late 1950s - Early 1960s: Second Generation Computers

An important change in the development of computers occurred in 1948 with the invention of the transistor. It replaced the large, unwieldy vacuum tube and as a result led to a shrinking in size of electronic machinery. The transistor was first applied to a computer in 1956. Combined with the advances in magnetic-core memory, the use of transistors resulted in computers that were smaller, faster, more reliable and more energy-efficient than their predecessors.

Stretch by IBM and LARC by Sperry-Rand (1959) were the first large-scale machines to take advantage of the transistor technology (and also used assembly language instead of the difficult machine language). Both developed for atomic energy laboratories could handle enormous amounts of data, but still were costly and too powerful for the business sector's needs. Therefore only two LARC's were ever installed.

Throughout the early 1960s there were a number of commercially successful computers (for example the IBM 1401) used in business, universities, and government and by 1965 most large firms routinely processed financial information by using computers. Decisive for the success of computers in business was the stored program concept and the development of sophisticated high-level programming languages like FORTRAN (Formular Translator), 1956, and COBOL (Common Business-Oriented Language), 1960, that gave them the flexibility to be cost effective and productive. The invention of second generation computers also marked the beginning of an entire branch, the software industry, and the birth of a wide range of new types of careers.

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The Copyright Industry

Copyright is not only about protecting the rights of creators, but has also become a major branch of industry with significant contributions to the global economy. According to the International Intellectual Property Alliance the U.S. copyright industry has grown almost three times as fast as the economy as a whole for the past 20 years. In 1997, the total copyright industries contributed an estimated US$ 529.3 billion to the U.S. economy with the core copyright industries accounting for US$ 348.4 billion. Between 1977 and 1997, the absolute growth rate of value added to the U.S. GDP by the core copyright industries was 241 %. Also the copyright industry's foreign sales in 1997 (US$ 66.85 billion for the core copyright industries) were larger than the U.S. Commerce Department International Trade Administration's estimates of the exports of almost all other leading industry sectors. They exceeded even the combined automobile and automobile parts industries, as well as the agricultural sector.

In an age where knowledge and information become more and more important and with the advancement of new technologies, transmission systems and distribution channels a further increase in the production of intellectual property is expected. Therefore as copyright establishes ownership in intellectual property it is increasingly seen as the key to wealth in the future.

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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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Backbone Networks

Backbone networks are central networks usually of very high bandwidth, that is, of very high transmitting capacity, connecting regional networks. The first backbone network was the NSFNet run by the National Science Federation of the United States.

INDEXCARD, 1/50
 
Europe Online

Established in 1998 and privately held, Europe Online created and operates the world's largest broadband "Internet via the Sky" network. The Europe Online "Internet via the Sky" service is available to subscribers in English, French, German, Dutch and Danish with more languages to come.

http://www.europeonline.com

INDEXCARD, 2/50
 
Transmission Control Protocol/Internet Protocol (TCP/IP)

TCP and IP are the two most important protocols and communication standards. TCP provides reliable message-transmission service; IP is the key protocol for specifying how packets are routed around the Internet.

More detailed information can be found here

http://www.anu.edu/people/Roger.Clarke/II/Pri...
INDEXCARD, 3/50
 
Next Generation Internet Program

A research and development program funded by the US government. Goal is the development of advanced networking technologies and applications requiring advanced networking with capabilities that are 100 to 1,000 times faster end-to-end than today's Internet.

http://www.ngi.gov

INDEXCARD, 4/50
 
Proprietary Network

Proprietary networks are computer networks with standards different to the ones proposed by the International Standardization Organization (ISO), the Open Systems Interconnection (OSI). Designed to conform to standards implemented by the manufacturer, compatibility to other network standards is not assured.

INDEXCARD, 5/50
 
Extranet

An Extranet is an Intranet with limited and controlled access by authenticated outside users, a business-to-business Intranet, e.g.

INDEXCARD, 6/50
 
RSA

The best known of the two-key cryptosystems developed in the mid-1980s is the Rivest-Shamir-Adleman (RSA) cryptoalgorithm, which was first published in April, 1977. Since that time, the algorithm has been employed in the most widely-used Internet electronic communications encryption program, Pretty Good Privacy (PGP). It is also employed in both the Netscape Navigator and Microsoft Explorer web browsing programs in their implementations of the Secure Sockets Layer (SSL), and by Mastercard and VISA in the Secure Electronic Transactions (SET) protocol for credit card transactions.

INDEXCARD, 7/50
 
National Science Foundation (NSF)

Established in 1950, the National Science Foundation is an independent agency of the U.S. government dedicated to the funding in basic research and education in a wide range of sciences and in mathematics and engineering. Today, the NSF supplies about one quarter of total federal support of basic scientific research at academic institutions.

http://www.nsf.gov

For more detailed information see the Encyclopaedia Britannica: http://www.britannica.com/bcom/eb/article/0/0,5716,2450+1+2440,00.html

http://www.nsf.gov/
INDEXCARD, 8/50
 
Society for Worldwide Interbank Financial Telecommunication (SWIFT)

Founded in 1973 by 239 banks from 15 countries, SWIFT is responsible for maintaining the world's most important network dedicated to financial transaction processing.
Although facing competition from smart cards, e.g., SWIFT can rely on an increasing clientèle. In September 1999 SWIFT served 6,710 live users in 189 countries.

http://www.swift.com

http://www.swift.com/
INDEXCARD, 9/50
 
User tracking

User tracking is a generic term that covers all the techniques of monitoring the movements of a user on a web site. User tracking has become an essential component in online commerce, where no personal contact to customers is established, leaving companies with the predicament of not knowing who they are talking to. Some companies, such as Red Eye, Cyber Dialogue, and SAS offer complete technology packages for user tracking and data analysis to online businesses. Technologies include software solutions such as e-mine, e-discovery, or WebHound

Whenever user tracking is performed without the explicit agreement of the user, or without laying open which data are collected and what is done with them, considerable privacy concerns have been raised.

http://www.redeye.co.uk/
http://www.cyberdialogue.com/
http://www.sas.com/
http://www.spss.com/emine/
http://www.sas.com/solutions/e-discovery/inde...
http://www.sas.com/products/webhound/index.ht...
http://www.linuxcare.com.au/mbp/meantime/
INDEXCARD, 10/50
 
William Gibson

American science fiction author. Most famous novel: Neuromancer.

For resources as writings and interviews available on the Internet see http://www.lib.loyno.edu/bibl/wgibson.htm

INDEXCARD, 11/50
 
First Monday

An English language peer reviewed media studies journal based in Denmark.

http://firstmonday.dk

INDEXCARD, 12/50
 
skytale

The skytale (pronunciation: ski-ta-le) was a Spartan tool for encryption. It consisted of a piece of wood and a leather-strip. Any communicating party needed exactly the same size wooden stick. The secret message was written on the leather-strip that was wound around the wood, unwound again and sent to the recipient by a messenger. The recipient would rewound the leather and by doing this enciphering the message.

INDEXCARD, 13/50
 
Cookie

A cookie is an information package assigned to a client program (mostly a Web browser) by a server. The cookie is saved on your hard disk and is sent back each time this server is accessed. The cookie can contain various information: preferences for site access, identifying authorized users, or tracking visits.

In online advertising, cookies serve the purpose of changing advertising banners between visits, or identifying a particular direct marketing strategy based on a user's preferences and responses.

Advertising banners can be permanently eliminated from the screen by filtering software as offered by Naviscope or Webwash

Cookies are usually stored in a separate file of the browser, and can be erased or permanently deactivated, although many web sites require cookies to be active.

http://www.naviscope.com/
http://www.webwash.com/
INDEXCARD, 14/50
 
Electronic Messaging (E-Mail)

Electronic messages are transmitted and received by computers through a network. By E-Mail texts, images, sounds and videos can be sent to single users or simultaneously to a group of users. Now texts can be sent and read without having them printed.

E-Mail is one of the most popular and important services on the Internet.

INDEXCARD, 15/50
 
Liability of ISPs

ISPs (Internet Service Provider), BBSs (Bulletin Board Service Operators), systems operators and other service providers (in the U.S.) can usually be hold liable for infringing activities that take place through their facilities under three theories: 1) direct liability: to establish direct infringement liability there must be some kind of a direct volitional act, 2) contributory liability: a party may be liable for contributory infringement where "... with knowledge of the infringing activity, [it] induces, causes or materially contributes to the infringing activity of another." Therefore a person must know or have reason to know that the subject matter is copyrighted and that particular uses violated copyright law. There must be a direct infringement of which the contributory infringer has knowledge, and encourages or facilitates for contributory infringement to attach, and 3) vicarious liability: a party may be vicariously liable for the infringing acts of another if it a) has the right and ability to control the infringer's acts and b) receives a direct financial benefit from the infringement. Unlike contributory infringement, knowledge is not an element of vicarious liability.


INDEXCARD, 16/50
 
Adolf Hitler

Adolf Hitler (1889-1945) was the head of the NSdAP, the National Socialist Workers' Party. Originally coming from Austria, he started his political career in Germany. As the Reichskanzler of Germany he provoked World War II. His hatred against all non-Aryans and people thinking in a different way killed millions of human beings. Disinformation about his personality and an unbelievable machinery of propaganda made an entire people close its eyes to the most cruel crimes on human kind.

INDEXCARD, 17/50
 
Clipper Chip

The Clipper Chip is a cryptographic device proposed by the U.S. government that purportedly intended to protect private communications while at the same time permitting government agents to obtain the "keys" upon presentation of what has been vaguely characterized as "legal authorization." The "keys" are held by two government "escrow agents" and would enable the government to access the encrypted private communication. While Clipper would be used to encrypt voice transmissions, a similar chip known as Capstone
would be used to encrypt data. The underlying cryptographic algorithm, known as Skipjack, was developed by the National Security Agency (NSA).

INDEXCARD, 18/50
 
Adi Shamir

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

INDEXCARD, 19/50
 
Local Area Network (LAN)

A Local Area Network is an office network, a network restricted to a building area.

INDEXCARD, 20/50
 
Internet Exchanges

Internet exchanges are intersecting points between major networks.

List of the World's Public Internet exchanges (http://www.ep.net)

http://www.ep.net/
INDEXCARD, 21/50
 
Internet Software Consortium

The Internet Software Consortium (ISC) is a nonprofit corporation dedicated to the production of high-quality reference implementations of Internet standards that meet production standards. Its goal is to ensure that those reference implementations are properly supported and made freely available to the Internet community.

http://www.isc.org

INDEXCARD, 22/50
 
Microsoft Corporation

Founded by Bill Gates and Paul Allen and headquartered in Redmond, USA, Microsoft Corporation is today's world-leading developer of personal-computer software systems and applications. As MS-DOS, the first operating system released by Microsoft, before, Windows, its successor, has become the de-facto standard operating system for personal computer. According to critics and following a recent court ruling this is due to unfair competition.

http://www.microsoft.com

For more detailed information see the Encyclopaedia Britannica: http://www.britannica.com/bcom/eb/article/4/0,5716,1524+1+1522,00.html

http://www.microsoft.com/
http://www.britannica.com/bcom/eb/article/4/0...
INDEXCARD, 23/50
 
Vacuum tube

The first half of the 20th century was the era of the vacuum tube in electronics. This variety of electron tube permitted the development of radio broadcasting, long-distance telephony, television, and the first electronic digital computers. These early electronic computers were, in fact, the largest vacuum-tube systems ever built. Perhaps the best-known representative is the ENIAC (Electronic Numerical Integrator and Computer, completed in 1946).

INDEXCARD, 24/50
 
Gaius Julius Caesar

Gaius Julius Caesar (100-44 BC) was a Roman Statesman who came to power through a military career and by buying of votes. His army won the civil war, run over Spain, Sicily and Egypt, where he made Cleopatra a Queen. For reaching even more power he increased the number of senators. But he also organized social measures to improve the people's food-situation. In February 44 BC he did not accept the kingship offered by Marc Anthony, which made him even more popular. One month later he was murdered during a senate sitting.

INDEXCARD, 25/50
 
Automation

Automation is concerned with the application of machines to tasks once performed by humans or, increasingly, to tasks that would otherwise be impossible. Although the term mechanization is often used to refer to the simple replacement of human labor by machines, automation generally implies the integration of machines into a self-governing system. Automation has revolutionized those areas in which it has been introduced, and there is scarcely an aspect of modern life that has been unaffected by it. Nearly all industrial installations of automation, and in particular robotics, involve a replacement of human labor by an automated system. Therefore, one of the direct effects of automation in factory operations is the dislocation of human labor from the workplace. The long-term effects of automation on employment and unemployment rates are debatable. Most studies in this area have been controversial and inconclusive. As of the early 1990s, there were fewer than 100,000 robots installed in American factories, compared with a total work force of more than 100 million persons, about 20 million of whom work in factories.

INDEXCARD, 26/50
 
Internet Protocol Number (IP Number)

Every computer using TCP/IP has a 32 bit-Internet address, an IP number. This number consists of a network identifier and of a host identifier. The network identifier is registered at and allocated by a Network Information Center (NIC), the host identifier is allocated by the local network administration.

IP numbers are divided into three classes. Class A is restricted for big-sized organizations, Class B to medium-sized ones as universities, and Class C is dedicated to small networks.

Because of the increasing number of networks worldwide, networks belonging together, as LANs forming a corporate network, are allocated a single IP number.

INDEXCARD, 27/50
 
Wide Area Network (WAN)

A Wide Area Network is a wide area proprietary network or a network of local area networks. Usually consisting of computers, it may consist of cellular phones, too.

INDEXCARD, 28/50
 
America Online

Founded in 1985, America Online is the world's biggest Internet service provider serving almost every second user. Additionally, America Online operates CompuServe, the Netscape Netcenter and several AOL.com portals. As the owner of Netscape, Inc. America Online plays also an important role in the Web browser market. In January 2000 America Online merged with Time Warner, the worlds leading media conglomerate, in a US$ 243,3 billion deal, making America Online the senior partner with 55 percent in the new company.

http://www.aol.com

http://www.aol.com/
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Telnet

Telnet allows you to login remotely on a computer connected to the Internet.

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CNN

CNN is a U.S.-TV-enterprise, probably the world's most famous one. Its name has become the symbol for the mass-media, but also the symbol of a power that can decide which news are important for the world and which are not worth talking about. Every message that is published on CNN goes around the world. The Gulf War has been the best example for this until now, when a CNN-reporter was the one person to do the countdown to a war. The moments when he stood on the roof of a hotel in Baghdad and green flashes surrounded him, went around the world.

INDEXCARD, 31/50
 
Virtual Private Networks

Virtual Private Networks provide secured connections to a corporate site over a public network as the Internet. Data transmitted through secure connections are encrypted and therefore have to be encrypted before they can be read.
These networks are called virtual because connections are provided only when you connect to a corporate site; they do not rely on dedicated lines and support mobile use.

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Transistor

A transistor is a solid-state device for amplifying, controlling, and generating electrical signals. Transistors are used in a wide array of electronic equipment, ranging from pocket calculators and radios to industrial robots and communications satellites.

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Montage

Certain elements of two or more photographs can be put together, mixed, and the outcome is a new picture. Like this, people can appear in the same picture, even "sit at the same table" though they have never met in reality.

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Netiquette

Although referred to as a single body of rules, there is not just one Netiquette, but there are several, though overlapping largely. Proposing general guidelines for posting messages to newsgroups and mailing lists and using the World Wide Web and FTP, Netiquettes address civility topics (i.e., avoiding hate speech) and comprise technical advises (i.e., using simple and platform-independent file formats).
Well-known Netiquettes are the Request for Comment #1855 and The Net: User Guidelines and Netiquette by Arlene H. Rinaldi.

ftp://ftp.isi.edu/in-notes/rfc1855.txt
http://www.fau.edu/netiquette/net/index.html
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Amazon.Com

Amazon.Com was one of the first online bookstores. With thousands of books, CDs and videos ordered via the Internet every year, Amazon.Com probably is the most successful Internet bookstore.

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Blue Box

The blue box-system works with a special blue colored background. The person in front can act as if he/she was filmed anywhere, also in the middle of a war.

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Copyright management information

Copyright management information refers to information which identifies a work, the author of a work, the owner of any right in a work, or information about the terms and conditions of the use of a work, and any numbers or codes that represent such information, when any of these items of information are attached to a copy of a work or appear in connection with the communication of a work to the public.

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Seneca

Lucius Annaeus Seneca (~4 BC - 65 AD), originally coming from Spain, was a Roman philosopher, statesman, orator and playwright with a lot of influence on the Roman cultural life of his days. Involved into politics, his pupil Nero forced him to commit suicide. The French Renaissance brought his dramas back to stage.

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Enochian alphabet

Also "Angelic" language. Archaic language alphabet composed of 21 letters, discovered by John Dee and his partner Edward Kelley. It has its own grammar and syntax, but only a small sample of it has ever been translated to English.

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John Dee

b. July 13, 1527, London, England
d. December 1608, Mortlake, Surrey

English alchemist, astrologer, and mathematician who contributed greatly to the revival of interest in mathematics in England. After lecturing and studying on the European continent between 1547 and 1550, Dee returned to England in 1551 and was granted a pension by the government. He became astrologer to the queen, Mary Tudor, and shortly thereafter was imprisoned for being a magician but was released in 1555. Dee later toured Poland and Bohemia (1583-89), giving exhibitions of magic at the courts of various princes. He became warden of Manchester College in 1595.

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NSFNet

Developed under the auspices of the National Science Foundation (NSF), NSFnet served as the successor of the ARPAnet as the main network linking universities and research facilities until 1995, when it was replaced it with a commercial backbone network. Being research networks, ARPAnet and NSFnet served as testing grounds for future networks.

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World Wide Web (WWW)

Probably the most significant Internet service, the World Wide Web is not the essence of the Internet, but a subset of it. It is constituted by documents that are linked together in a way you can switch from one document to another by simply clicking on the link connecting these documents. This is made possible by the Hypertext Mark-up Language (HTML), the authoring language used in creating World Wide Web-based documents. These so-called hypertexts can combine text documents, graphics, videos, sounds, and Java applets, so making multimedia content possible.

Especially on the World Wide Web, documents are often retrieved by entering keywords into so-called search engines, sets of programs that fetch documents from as many servers as possible and index the stored information. (For regularly updated lists of the 100 most popular words that people are entering into search engines, click here). No search engine can retrieve all information on the whole World Wide Web; every search engine covers just a small part of it.

Among other things that is the reason why the World Wide Web is not simply a very huge database, as is sometimes said, because it lacks consistency. There is virtually almost infinite storage capacity on the Internet, that is true, a capacity, which might become an almost everlasting too, a prospect, which is sometimes consoling, but threatening too.

According to the Internet domain survey of the Internet Software Consortium the number of Internet host computers is growing rapidly. In October 1969 the first two computers were connected; this number grows to 376.000 in January 1991 and 72,398.092 in January 2000.

World Wide Web History Project, http://www.webhistory.org/home.html

http://www.searchwords.com/
http://www.islandnet.com/deathnet/
http://www.salonmagazine.com/21st/feature/199...
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Instinet

Instinet, a wholly owned subsidiary of Reuters Group plc since 1987, is the world's largest agency brokerage firm and the industry brokerage leader in after hours trading. It trades in over 40 global markets daily and is a member of seventeen exchanges in North America, Europe, and Asia. Its institutional clients represent more than 90 percent of the institutional equity funds under management in the United States. Instinet accounts for about 20 percent of the NASDAQ daily trading volume and trades approximately 170 million shares of all U.S. equities daily.

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Ron Rivest

Ronald L. Rivest is Webster Professor of Electrical Engineering and Computer Science in MIT's EECS Department. He was one of three persons in a team to invent the RSA public-key cryptosystem. The co-authors were Adi Shamir and Leonard M. Adleman.

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DMCA

The DMCA (Digital Millennium Copyright Act) was signed into law by U.S. President Clinton in 1998 and implements the two 1996 WIPO treaties (WIPO Performances and Phonograms Treaty and WIPO Copyright Treaty). Besides other issues the DMCA addresses the influence of new technologies on traditional copyright. Of special interest in the context of the digitalization of intellectual property are the titles no. 2, which refers to the limitation on the liability of online service providers for copyright infringement (when certain conditions are met), no. 3, that creates an exemption for making a copy of a computer program in case of maintenance and repair, and no. 4 which is concerned with the status of libraries and webcasting. The DCMA has been widely criticized for giving copyright-holders even more power and damage the rights and freedom of consumers, technological innovation, and the free market for information.

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DES

The U.S. Data Encryption Standard (= DES) is the most widely used encryption algorithm, especially used for protection of financial transactions. It was developed by IBM in 1971. It is a symmetric-key cryptosystem. The DES algorithm uses a 56-bit encryption key, meaning that there are 72,057,594,037,927,936 possible keys.

for more information see:
http://www.britannica.com/bcom/eb/article/3/0,5716,117763+5,00.html
http://www.cryptography.com/des/

http://www.britannica.com/bcom/eb/article/3/0...
http://www.cryptography.com/des/
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Black Propaganda

Black propaganda does not tell its source. The recipient cannot find out the correct source. Rather would it be possible to get a wrong idea about the sender. It is very helpful for separating two allies.

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Blaise Pascal

b. June 19, 1623, Clermont-Ferrand, France
d. August 19, 1662, Paris, France

French mathematician, physicist, religious philosopher, and master of prose. He laid the foundation for the modern theory of probabilities, formulated what came to be known as Pascal's law of pressure, and propagated a religious doctrine that taught the experience of God through the heart rather than through reason. The establishment of his principle of intuitionism had an impact on such later philosophers as Jean-Jacques Rousseau and Henri Bergson and also on the Existentialists.

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Machine language

Initially computer programmers had to write instructions in machine language. This coded language, which can be understood and executed directly by the computer without conversion or translation, consists of binary digits representing operation codes and memory addresses. Because it is made up of strings of 1s and 0s, machine language is difficult for humans to use.

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