Censored links: Linking as a crime

The World Wide Web is constituted by documents linked with other documents, thus allowing access to referred documents. Censorship affects hyperlinks as well. Say, you publish an essay on racist propaganda on the Net and make link references to neo-nazi web sites. It goes without saying that you do not endorse neo-nazi pamphlets. By linking to these web sites you want your readers to get an idea of what you are writing about. Linking does not necessarily mean approving. Is this not evident?

According to Swiss and German prosecuting attorneys you may have committed a crime without having illegal intentions. From his web site Thomas Stricker, director of the Institute of Computer Systems at the ETH Zurich, has linked to an anti-racist web site with links to racist content in order to draw the attention to the difficulties legal regulation of the Net has to face. Neglecting his intentions, Swiss authorities instituted a criminal action against Stricker.

Another case, reported by the Global Internet Liberty Campaign, proves that not just links to racist resources or to resources with links to such resources are under prosecution. The Motion Picture Association of America sued to prevent Internet users from linking to websites that have DeCSS, a program helping Linux users play DVDs on their computers. The trial is scheduled for December.

References:

Global Internet Liberty Campaign, Hollywood wants end to links, in: GILC Alert 4,4, April 24, 2000, http://www.gilc.org/alert/alert44.html

Wolfgang Näser, Allgemeines zum Thema "Homepage", http://staff-www.uni-marburg.de/naeser/allgem.htm

Florian Rötzer, Ab wann ist ein externer Link auf strafrechtlich relevante Inhalte selbst strafbar?, in: Telepolis, December 1, 1997

Florian Rötzer, Strafverfahren gegen ETH-Professor wegen Links zu rassistischen Websites, in: Telepolis, February 24, 2000

Florian Rötzer, Ab wievielen Zwischenschritten ist ein Link auf eine rechtswidrige Website strafbar, in: Telepolis, February 24, 2000

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biotechnology summary

The fusion of flesh and machine is trend which, although inscribed in the history of modern technology from its beginnings, has reached a unprecedented momentum in recent years as a result of crucial advances in information technology, biology, and the development of global networks. Consequently, doubts are emerging concerning the viability of a distinct and definable human nature. Historical and social theories and concepts are being unhinged by the spread hybrids and by new forms of artificial life which are likely to trigger social changes escaping the grip of calculation. Attempts to defend an essential human nature against technical hybridisation, rather than strengthening the human subject, may have further blurred the question of historical subjectivity. Large amounts of money are invested into research and development of artifical biology, making some of the predictions of AI and robotics experts about radical and far reaching changes a matter of time.

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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?

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Neighboring rights

Copyright laws generally provide for three kinds of neighboring rights: 1) the rights of performing artists in their performances, 2) the rights of producers of phonograms in their phonograms, and 3) the rights of broadcasting organizations in their radio and television programs. Neighboring rights attempt to protect those who assist intellectual creators to communicate their message and to disseminate their works to the public at large.

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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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WIPO

The World Intellectual Property Organization is one of the specialized agencies of the United Nations (UN), which was designed to promote the worldwide protection of both industrial property (inventions, trademarks, and designs) and copyrighted materials (literary, musical, photographic, and other artistic works). It was established by a convention signed in Stockholm in 1967 and came into force in 1970. The aims of WIPO are threefold. Through international cooperation, WIPO promotes the protection of intellectual property. Secondly, the organization supervises administrative cooperation between the Paris, Berne, and other intellectual unions regarding agreements on trademarks, patents, and the protection of artistic and literary work and thirdly through its registration activities the WIPO provides direct services to applicants for, or owners of, industrial property rights.

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Intellectual property

Intellectual property, very generally, relates to the output that result from intellectual activity in the industrial, scientific, literary and artistic fields. Traditionally intellectual property is divided into two branches: 1) industrial property (inventions, marks, industrial designs, unfair competition and geographical indications), and 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.

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