Recent "Digital Copyright" Legislation: U.S.

DMCA (Digital Millennium Copyright Act)

The debates in the House and Senate preceding the signing into law of the DMCA by U.S. President Clinton in October 1998 indicated that the principal object of the Act is to promote the U.S. economy by establishing an efficient Internet marketplace in copyrighted works. The DMCA implements the two 1996 WIPO treaties (WIPO Performances and Phonograms Treaty and WIPO Copyright Treaty) and addresses a variety of issues that arose with the increased availability of content in digital form. The Act 1) creates a series of "safe harbor" defenses (which are subject to a variety of conditions that must be met) for certain common activities of ISPs (Internet Service Provider), 2) bars the circumvention of technological protection measures that protect copyrighted works, 3) prohibits the distribution or provision of false copyright management information with the intent to induce or conceal infringement, 4) establishes an exemption for making a copy of a computer program for purposes of maintenance or repair, and 5) contains provisions concerning the "webcasting" of sound recordings on the Internet and the making of (digital) copies of copyrighted works by nonprofit libraries and archives.

A full-text version of the DMCA is available from:
The Library of Congress: Thomas (Legislative Information on the Internet): http://thomas.loc.gov/cgi-bin/cpquery/z?cp105:hr796:

Moreover the U.S. Copyright Office provides a memorandum, which briefly summarizes each of the five titles of the DMCA (pdf format): http://lcweb.loc.gov/copyright/legislation/dmca.pdf

The DMCA has been criticized for not clarifying the range of legal principles on the liability of ISPs and creating exceptions to only some of the provisions; therefore giving copyright owners even more rights.

Among the variety of comments on the DMCA are:

Lutzker, Arnold P.: Primer on the Digital Millennium: What the Digital Millennium Copyright Act and the Copyright Term Extension Act Mean for the Library Community. http://www.arl.org/info/frn/copy/primer.html

Lutzker & Lutzker law firm and the Association of Research Libraries: The Digital Millennium Copyright Act: Highlights of New Copyright Provision Establishing Limitation of Liability for Online Service Providers. http://www.arl.org/info/frn/copy/osp.html

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1961: Installation of the First Industrial Robot

Industrial robotics, an automation technology relying on the two technologies of numerical control and teleoperators, started to gain widespread attendance in the 1960s. The first industrial robot was installed at General Motors in 1961. Developed by Joe Engelberger and George Devol, UNIMATE obeyed step-by-step commands stored on a magnetic drum and with its 4,000 pound arm sequenced and stacked hot pieces of die-cast metal.

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Basics: Acquisition of Copyright

The laws of almost all countries provide that protection is independent of any formalities. Copyright protection then starts as soon as the work is created.

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How the Internet works

On the Internet, when you want to retrieve a document from another computer, you request a service from this computer. Your computer is the client, the computer on which the information you want to access is stored, is called the server. Therefore the Internet's architecture is called client-server architecture.

A common set of standards allows the exchange of data and commands independent from locations, time, and operating systems through the Internet. These standards are called communication protocols, or the Internet Protocol Suite, and are implemented in Internet software. Sometimes the Internet Protocol Suite is erroneously identified with TCP/IP (Transmission Control Protocol / Internet Protocol).

Any information to be transferred is broken down into pieces, so-called packets, and the Internet Protocol figures out how the data is supposed to get from A to B by passing through routers.

Each packet is "pushed" from router to router via gateways and might take a different route. It is not possible to determine in advance which ways these packets will take. At the receiving end the packets are checked and reassembled.

The technique of breaking down all messages and requests into packets has the advantage that a large data bundle (e.g. videos) sent by a single user cannot block a whole network, because the bandwidth needed is deployed on several packets sent on different routes. Detailed information about routing in the Internet can be obtained at http://www.scit.wlv.ac.uk/~jphb/comms/iproute.html.

One of the Internet's (and of the Matrix's) beginnings was the ARPANet, whose design was intended to withstand any disruption, as for example in military attacks. The ARPANet was able to route data around damaged areas, so that the disruption would not impede communication. This design, whith its origin in strategic and military considerations, remained unchanged for the Internet. Yet the design of the ARPANet's design cannot be completely applied to the Internet.

Routing around depends on the location of the interruption and on the availability of intersecting points between networks. If, for example, an E-mail message is sent from Brussels to Athens and in Germany a channel is down, it will not affect access very much, the message will be routed around this damage, as long as a major Internet exchange is not affected. However, if access depends on a single backbone connection to the Internet and this connection is cut off, there is no way to route around.

In most parts of the world the Internet is therefore vulnerable to disruption. "The idea of the Internet as a highly distributed, redundant global communications system is a myth. Virtually all communications between countries take place through a very small number of bottlenecks, and the available bandwidth isn't that great," says Douglas Barnes. These bottlenecks are the network connections to neighboring countries. Many countries rely on a one single connection to the Net, and in some places, such as the Suez Canal, there is a concentration of fiber-optic cables of critical importance.

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Think Tanks and Corporate Money

Looking at the financial situation of think tanks, different funding patterns can be found. While financial contributions from foundations play an important role especially for conservative think tanks, also contributions from governments are made to certain institutions. Yet one of the most important funding sources are corporate donors and individual contributors. Although the extent to which - in most cases conservative - think tanks rely on corporate funding varies, from the US$ 158 million spent by the top 20 conservative think tanks, more than half of it was contributed by corporations or businessmen.

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Databody economy and the surveillance state

Databody economy Surveillance state
Promise Reality Promise Reality
universal prosperity universal commercialisation total security total control
frictionless market pacified society political harmony death of democracy


The glamour of the data body economy clouds economic practices which are much less than glamorous. Through the seizure of the data body, practices that in the real political arena were common in the feudal age and in the early industrial age are being reconstructed. The data body economy digitally reconstructs exploitative practices such as slavery and wage labour. However, culturally the data body is still a very new phenomenon: mostly, people think if it does not hurt, it cannot be my body. Exploitation of data bodies is painless and fast. Nevertheless, this can be expected to change once the awareness of the political nature of the data body becomes more widespread. As more and more people routinely move in digitised environments, it is to be expected that more critical questions will be asked and claims to autonomy, at present restricted to some artistic and civil society groups trying to get heard amidst the deafening noise of the commercial ICT propaganda, will be articulated on a more general level.

The more problematic aspect of this development may be something else: the practices of the data body economy, themselves a reconstruction of old techniques of seizure, have begun to re-colonise real political space. Simon Davis, Director of the London-based privacy campaigners Privacy International, one of the foremost critics of modern-day technologies of surveillance and data capturing, has warned against the dangers of a loss of autonomy and undermining of civic rights that are being generated when workplaces are clogged with digital equipment allowing the constant monitoring and surveillance of workers. Unless current trends towards data capturing remain unchecked, the workplace of the future will have many features of the sinister Victorian workhouses that appear Charles Dickens novels, where any claims for autonomy were silenced with references to economic efficiency, and the required discipline imposed by a hierarchy of punishments.

The constant adaptation process required from the modern individual has anonymised and structuralized punishment, which now appears in the guise of error messages and the privatisation of risk.

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Operating the net: overview

The Net consists of thousands of thousands of governmental and private networks linked together. No legal authority determines how and where networks can be connected together, this is something the managers of networks have to agree about. So there is no way of ever gaining ultimate control of the Internet. Although each of these networks is operated and controlled by an organization, no single organization operates and controls the Net. Instead of a central authority governing the Net, several bodies assure the operability of the Net by developing and setting technical specifications for the Net and by the control of the technical key functions of the Net as the coordination of the domain name system and the allocation of IP numbers.

Originally, the Net was a research project funded and maintained by the US Government and developed in collaboration by scientists and engineers. As the standards developed for ensuring operability ensued from technical functionality, technical coordination gradually grew out of necessity and was restricted to a minimum and performed by volunteers.

Later, in the 1980s, those occupied with the development of technical specifications organized themselves under the umbrella of the Internet Society in virtual organizations as the Internet Engineering Task Force, which were neither officially established nor being based on other structures than mailing lists and commitment, but nonetheless still serve as task forces for the development of standards ensuring the interoperability on the Net.

Since the late 80s and the early 90s, with the enormous growth of the Net - which was promoted by the invention of Local Area Networks, the creation of the World Wide Web, the increased use of personal computers and the connecting of corporations to the Net, just to name a few - coordination of some technical key functions as the domain name system was handed over to corporations as Network Solutions Inc.

Since the year 2000, a new model for technical coordination has been emerging: Formerly performed by several bodies, technical coordination is transferred to a single non-governmental organization: the Internet Coordination of Assigned Numbers and Names.

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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).

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Bill Clinton

William J. Clinton (* 1946) studied law at Yale University, then taught at the University of Arkansas. He was elected Arkansas attorney general in 1976 and served as a governor until 1992. That year he became U.S.-President, the first democratic President after a row of Republicans. His sexual affairs not only cost him nearly his career but he also had to distract from his private affairs: he thought of fighting another war against Saddam Hussein in February 1999. Short afterwards he had a more interesting enemy, Slobodan Milosevic - and the NATO was most willing to fight with him.

For more information see: http://www.whitehouse.gov/WH/glimpse/presidents/html/bc42.html

http://www.whitehouse.gov/WH/glimpse/presiden...
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Cyrus Reed Teed

C.R. Teed (New York State) was a doctor of alternative medicine in the last century. He worked on alchemy, too. In 1870 he had the idea that the universe was made out of cells, the earth being the biggest one. Thus he imagined the world as a concave system. Out of this thought he founded a religion, calling it Koreshanity.

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1896

1896

The Daily Mail was published in Great Britain. It was the first newspaper for the masses. With the emerging of newspapers the manner how politics was perceived by the public changed completely. It became more difficult to keep secrets, while at the same time there was suddenly a new and nearly perfect tool for manipulation.

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Louis XIV.

Louis XIV. (1643-1715) became King of France when he was still a young boy. He centralized all the state's power to the crown and created a state of absolutism. In this respect Louis' most famous sentence was: L'état c'est moi. (= The state am I). During his reign the most talented and respectable men in art as well as in philosophy and policy worked for the monarchy. His favor for luxury and the steady wars with other European empires ruined the state morally and financially, but for the history he is still called Roi Soleil (King of the Sun).

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Napoleon

Napoleon I. (1769-1821) was French King from 1804-1815.
He is regarded as the master of propaganda and disinformation of his time. Not only did he play his game with his own people but also with all European nations. And it worked as long as he managed to keep up his propaganda and the image of the winner.
Part of his already nearly commercial ads was that his name's "N" was painted everywhere.
Napoleon understood the fact that people believe what they want to believe - and he gave them images and stories to believe. He was extraordinary good in black propaganda.
Censorship was an element of his politics, accompanied by a tremendous amount of positive images about himself.
But his enemies - like the British - used him as a negative image, the reincarnation of the evil (a strategy still very popular in the Gulf-War and the Kosovo-War) (see Taylor, Munitions of the Mind p. 156/157).

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Punch card, 1801

Invented by Joseph Marie Jacquard, an engineer and architect in Lyon, France, the punch cards laid the ground for automatic information processing. For the first time information was stored in binary format on perforated cardboard cards. In 1890 Hermann Hollerith used Joseph-Marie Jacquard's punch card technology for processing statistical data retrieved from the US census in 1890, thus speeding up data analysis from eight to three years. His application of Jacquard's invention was also used for programming computers and data processing until electronic data processing was introduced in the 1960's. - As with writing and calculating, administrative purposes account for the beginning of modern automatic data processing.

Paper tapes are a medium similar to Jacquard's punch cards. In 1857 Sir Charles Wheatstone applied them as a medium for the preparation, storage, and transmission of data for the first time. By their means, telegraph messages could be prepared off-line, sent ten times quicker (up to 400 words per minute), and stored. Later similar paper tapes were used for programming computers.

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Alan Turing

b. June 23, 1912, London, England
d. June 7, 1954, Wilmslow, Cheshire

English mathematician and logician who pioneered in the field of computer theory and who contributed important logical analyses of computer processes. Many mathematicians in the first decades of the 20th century had attempted to eliminate all possible error from mathematics by establishing a formal, or purely algorithmic, procedure for establishing truth. The mathematician Kurt Gödel threw up an obstacle to this effort with his incompleteness theorem. Turing was motivated by Gödel's work to seek an algorithmic method of determining whether any given propositions were undecidable, with the ultimate goal of eliminating them from mathematics. Instead, he proved in his seminal paper "On Computable Numbers, with an Application to the Entscheidungsproblem [Decision Problem]" (1936) that there cannot exist any such universal method of determination and, hence, that mathematics will always contain undecidable propositions. During World War II he served with the Government Code and Cypher School, at Bletchley, Buckinghamshire, where he played a significant role in breaking the codes of the German "Enigma Machine". He also championed the theory that computers eventually could be constructed that would be capable of human thought, and he proposed the Turing test, to assess this capability. Turing's papers on the subject are widely acknowledged as the foundation of research in artificial intelligence. In 1952 Alan M. Turing committed suicide, probably because of the depressing medical treatment that he had been forced to undergo (in lieu of prison) to "cure" him of homosexuality.

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UNIVAC

Built by Remington Rand in 1951 the UNIVAC I (Universal Automatic Computer) was one of the first commercially available computers to take advantage of the development of the central processing unit (CPU). Both the U.S. Census bureau and General Electric owned UNIVACs. Speed: 1,905 operations per second; input/output: magnetic tape, unityper, printer; memory size: 1,000 12-digit words in delay line; technology: serial vacuum tubes, delay lines, magnetic tape; floor space: 943 cubic feet; cost: F.O.B. factory U.S.$ 750,000 plus U.S.$ 185,000 for a high speed printer.

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Augustus

Gaius Julius Caesar Octavian Augustus (63 BC - 14 AD) was adopted by Julius Caesar and became the first Roman Emperor. While he was very successful in military affairs abroad, he tried to bring back law and order to the Roman population. He was most interested in arts and philosophy.

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