Basics: Rights Recognized

Copyright protection generally means that certain uses of a work are lawful only if they are done with the authorization of the owner of the copyright. The most typical are the following:

- copying or reproducing a work
- performing a work in public
- making a sound recording of a work
- making a motion picture of a work
- broadcasting a work
- translating a work
- adapting a work

Under certain national laws, some of these rights, which are referred to, as "economic rights'" are not exclusive rights of authorization but in specific cases, merely rights to remuneration. Some strictly determined uses (for example quotations or the use of works by way of illustration for teaching) are completely free, that is, they require neither authorization of, nor remuneration for, the owner of the copyright. This practice is described as fair use.

In addition to economic rights, authors enjoy "moral rights" on the basis of which they have the right to claim their authorship and require that their names be indicated on the copies of the work and in connection with other uses thereof. They also have the right to oppose the mutilation or deformation of their creations.

The owner of a copyright may usually transfer his right or may license certain uses of his work. Moral rights are generally inalienable and remain with the creator even after he has transferred his economic rights, although the author may waive their exercise.

Furthermore there exist rights related to copyright that are referred to as "neighboring rights". In general there are three kinds of neighboring rights: 1) the rights of performing artists in their performances, 2) the rights of producers of phonograms in their phonograms, and 3) the rights of broadcasting organizations in their radio and television programs. Neighboring rights attempt to protect those who assist intellectual creators to communicate their message and to disseminate their works to the public at large.

TEXTBLOCK 1/2 // URL: http://world-information.org/wio/infostructure/100437611725/100438659584
 
Governmental Regulations

The new U.S. regulations are based on the Wassenaar Arrangement Revision of 1998, where exports without license of 56 bit DES and similar products are allowed after a technical review, just like encryption commodities and software with key lengths of 64-bits or less which meet the mass market requirements.
For more information see:
http://www.wassenaar.org/

Seven states stay excluded from the new freedom. These are states like Libya, Iraq, Iran, North Korea and Cuba, altogether states seen as terrorist supporting. No encryption tools may be exported into those countries.

This is, what happened in the USA, whereas in Germany the issue of a cryptography-law is still on the agenda. Until now, in Germany, everyone can decide by her-/himself, whether she/he wants to encrypt electronic messages or not. Some organizations fear that this could get changed soon. Therefore an urgent action was organized in February 2000 to demonstrate the government that people want the freedom to decide on their own. One governmental argument is that only very few people actually use cryptography. Therefore the urgent action is organized as a campaign for using it more frequently.

For more information on this see:
http://www.heise.de/ct/97/04/032/
http://www.fitug.de/ulf/krypto/verbot.html#welt

Other European countries have more liberate laws on cryptography, like France. Austria doesn't have any restrictions at all, probably because of a governmental lack of interest more than accepting freedom.
The (former) restrictions in the bigger countries influenced and hindered developments for safer key-systems, e.g. the key-length was held down extraordinarily.

"Due to the suspicious nature of crypto users I have a feeling DES will be with us forever, we will just keep adding keys and cycles (...). There is a parallel between designing electronic commerce infrastructure today that uses weak cryptography (i.e. 40 or 56 bit keys) and, say, designing air traffic control systems in the '60s using two digit year fields. (...) Just because you can retire before it all blows up doesn't make it any less irresponsible."
(Arnold G. Reinhold)


The Chinese State Encryption Management Commission (SEMC) announced in March 2000 that only strong encryption tools will have to be registered in the future. Which sounds so nice on first sight, does not mean a lot in reality: any kind of useful encryption technique, like the PGP, stay under governmental control.

The restrictions and prohibitions for cryptography are part of the states' wish to acquire more control - in the name of the battle against criminality, probably?
Due to the emerging organized criminality the governments want to obtain more freedom of control over citizens. Organizations like the NSA appear as the leaders of such demands.
What about civil rights or Human Rights?

TEXTBLOCK 2/2 // URL: http://world-information.org/wio/infostructure/100437611776/100438659135
 
cryptology

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

INDEXCARD, 1/2
 
Fair use

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

INDEXCARD, 2/2