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argued could cause damage because the copies in the cache are not necessarily the most current ones and the delivery of outdated information to users could deprive website operators of accurate "hit" information (information about the number of requests for a particular material on a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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"All nature is merely a cipher and a secret writing."
Blaise de Vigenère
In the (dis-)information age getting information but at the same time excluding others from it is part of a power-game (keeping the other uneducated). The reason for it eventually has found an argument called security.
Compared to the frequency of its presence in articles, the news and political speeches security seems to be one of the most popular words of the 90's. It must be a long time ago when that word was only used for and by the military and the police. Today one can find it as part of every political issue. Even development assistance and nutrition programs consider it part of its work.
The so-called but also real need for information security is widespread and concerning everybody, whether someone uses information technology or not. In any case information about individuals is moving globally; mostly sensitive information like about bank records, insurance and medical data, credit card transactions, and much much more. Any kind of personal or business communication, including telephone conversations, fax messages, and of course e-mail is concerned. Not to forget further financial transactions and business information. Almost every aspect of modern life is affected.
We want to communicate with everybody - but do not want anybody to know.
Whereas the market already depends on the electronic flow of information and the digital tools get faster and more sophisticated all the time, the rise of privacy and security concerns have to be stated as well.
With the increase of digital communication its vulnerability is increasing just as fast. And there exist two (or three) elements competing and giving the term digital security a rather drastic bitter taste: this is on the one hand the growing possibility for criminals to use modern technology not only to hide their source and work secretly but also to manipulate financial and other transfers. On the other hand there are the governments of many states telling the population that they need access to any kind of data to keep control against those criminals. And finally there are those people, living between enlightening security gaps and at the same time harming other private people's actions with their work: computer hackers.
While the potential of global information is regarded as endless, it is those elements that reduce it.
There is no definite solution, but at least some tools have been developed to improve the situation: cryptography, the freedom to encode those data that one does not want to be known by everybody, and give a possibility to decode them to those who shall know the data.
During the last 80 years cryptography has changed from a mere political into a private, economic but still political tool: at the same time it was necessary to improve the tools, eventually based on mathematics. Hence generally cryptography is regarded as something very complicated. And in many ways this is true as the modern ways of enciphering are all about mathematics.
"Crypto is not mathematics, but crypto can be highly mathematical, crypto can use mathematics, but good crypto can be done without a great reliance on complex mathematics." (W.T. Shaw)
For an introduction into cryptography and the mathematical tasks see:
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An assembly line is an industrial arrangement of machines, equipment, and workers for continuous flow of workpieces in
The DMCA (Digital Millennium Copyright Act) was signed into law by U.S. President Clinton in 1998 and implements the two 1996