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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Convergence

The convergence of biology and technology is not an entirely new phenomenon but and has its origin in the concept of modern technology itself. This concept understands technology as something bigger, stronger, and more reliable than ourselves. But, unlike human beings, technologies are always tied to specific men-defined purposes. In so far as men define purposes and build the technology to achieve those purposes, technology is smaller than ourselves. The understanding of technology as a man-controlled tool has been called the instrumental and anthropological understanding of technology.

However, this understanding is becoming insufficient when technologies become fast and interdependent, i.e. when fast technologies form systems and global networks. Powerful modern technologies, especially in the field of informatics, have long ceased to be mere instruments and have created constraints for human action which act to predetermine activity and predefine purposes.

As a consequence, the metaphysical distinction between subject and object has become blurred. In the 1950s Heidegger already speaks of modern technology not as the negation but as the culmination of metaphysical thought which provokes men to "overcome" metaphysics. The weakening of metaphysical determinations which occurs in the project of modern technology has also meant that it become impossible to clearly define what being human is, and to determine the line that separates non-human from human being. These changes are not progressing at a controllable rate, but they are undergoing constant acceleration. The very efficiency and power of calculation of modern technologies means that acceleration itself is being accelerated. Every new technological development produces new shortcuts in socio-technical systems and in communication.

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Telnet

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

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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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