[hukuk-duyuru] [Fwd: [DW] Article - Global Internet and Local Law - Zittrain]

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From: Mustafa Akgul (akgul@Bilkent.EDU.TR)
Date: Tue 29 Apr 2003 - 02:31:51 EEST

Previous message: Mustafa Akgul: "[hukuk-duyuru] İnternetde icerik Suclari paneli"

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From: Steven Clift <clift@PUBLICUS.NET>
Subject: [DW] Article - Global Internet and Local Law - Zittrain
To: DO-WIRE@LISTS.UMN.EDU

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I am a big fan of tools that make geography <http://geourl.org/> a
fundamental part of the Internet. I see the Net as a powerful
icebreaker, that if applied right, can help neighbors break through
the wall of unfamiliarity that hinders the strength and possibility of
local communities.

Thus far, most of the attention about the use of the Internet
geographically has been related to nations that try to control their
corner of the virtual world
<http://www.ceip.org/files/Publications/OpenNetworks.asp>. Very
little has been explored as it relates to the local impact of global
tools. Google may have given an award in 2002 to a developer who
mapped content searches to longitude and latitude
<http://developers.slashdot.org/developers/02/05/31/1140201.shtml>,
but except for term, language or country domain limits, you really
can't use geography to focus your searches. I'd like see such tools
on the Net.

Imagine that they exist, and very local content and geographic-based
online communities magically begin to flourish ... suddenly it
becomes easier for governments to monitor and track public content
online. What choices are before us now as we seek both a global and
local Internet? Read the article below (note the Filter newsletter
far below.)

Steven Clift
Democracies Online Newswire
http://www.e-democracy.org/do

P.S. Has anyone written about e-janteloven? The Law of Jante
demonstrates the control and restraint individuals feel in small
town rural settings. Janteloven also provide a sense of security and
mutual support and benefit for those who don't think they are special.
More: http://www.isv.uit.no/student/kims/gallery/myself/jante.htm . I
wonder if online groups with local bounds have any of these
characteristics.

From:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=395300

Be Careful What You Ask For: Reconciling a Global Internet and Local
Law

JONATHAN ZITTRAIN
Harvard Law School

Harvard Law School, Public Law Working Paper No. 60
WHO RULES THE NET? Cato Institute, 2003

Abstract:

As the Internet becomes part of daily living rather than a place to
visit, its rough edges are smoothed and its extremes tamed by
sovereigns wanting to protect consumers, prevent network resource
abuse, and eliminate speech deemed harmful. The tools are now within
reach to permit sovereigns with competing rulesets to play down their
differences - whether by countenancing global privatization of some
Internet governance issues through organizations like ICANN, coming to
new international agreements on substance and procedure to reduce the
friction caused by transborder data flows, or by a "live and let live"
set of localization technologies to shape the Internet to suit the
respective societies it touches.

These shifts will help ease the tension between the certitudes that
the Internet is global, while the imposition of regulation is almost
always local. Such cures for the longstanding dilemmas of Internet
jurisdiction and governance eliminate the originally cherished aspects
of a global Internet as well - urging us to consider the iatrogenic
effects of bulldozing online activity to conform more to the
boundaries of the physical world that preceded it, and explaining why,
in the United States and elsewhere, there are contradictory policies
emerging about the Internet's future.

Keywords: internet, jurisdiction, governance, cyberlaw, ICANN,
localization, zoning, control

---------- Forwarded message ----------
Date: Mon, 28 Apr 2003 14:43 -0400
From: Filter Editor <filter-editor@cyber.law.harvard.edu>
To: clift@publicus.net
Subject: The Filter, No. 5.8

No. 5.8 <--The Filter--> 04.28.03

Your regular dose of public-interest Internet news and commentary
from the Berkman Center for Internet & Society at
H a r v a r d L a w S c h o o l

CONTENTS: HIGHLIGHTS:

[1] In the News: Grokster/Morpheus & RIAA v. Verizon
[2] Dispatches: Zittrain on Net Jurisdiction
[3] Berkman News: OSCOM '03, Christopher Lydon online
[4] Conference Watch: Words on Fire, ILAW @ Stanford
[5] Bookmarks: ETCON, CFP archives, Super-DMCA resources
[6] Quotable: Super-DMCA legislation
[7] Talk Back
[8] Subscription Info
[9] About us
[10] Not a Copyright

-----------------------------------------

[1] IN THE NEWS
================

* Grokster and StreamCast's Morpheus--Betamaxed: In a ruling some
experts worry could turn out to be a double-edged sword, a federal
judge in Los Angeles on Friday found Grokster and StreamCast
Networks not liable for copyright infringement by users of the
companies' peer-to-peer (P2P) file-sharing software. Citing the
Sony Betamax and Napster decisions, Judge Stephen Wilson found that
Grokster and StreamCast do not meet the legal threshold for liability
for contributory or vicarious infringement, and further, "are not
significantly different from companies that sell home video
recorders or copy machines, both of which can be and are used to
infringe copyrights."

<http://shorl.com/gydrimutremaste> [EFF]

<http://news.com.com/2100-1027-998363.html>

<http://www.nytimes.com/2003/04/26/technology/26MUSI.html>

<http://shorl.com/detejylastyny> [Washington Post]

<http://shorl.com/fobrisahaviby> [Boston Globe]

Reaction to the ruling among fair use advocates has been split
between euphoria and caution. On the one hand, said the Electronic
Frontier Foundation's Fred von Lohmann, "someone in a black robe"
has acknowledged that "[when] you make a piece of software and
distribute it to the world, and...have no ability to control what
people do with it, you are in the same shoes as those who manufacture
photocopiers and VCRs." On the other hand, however, concerns remain.
Not only will the decision immediately be appealed, but the ruling
contains language that can be construed as a plea for additional
legislative "guidance" from Congress.

"...Plaintiffs invite this Court to expand existing copyright law
beyond its well-drawn boundaries. As the Supreme Court has observed,
courts must tread lightly in circumstances such as these," wrote
Judge Wilson. "In a case like this, in which Congress has not
plainly marked our course, we must be circumspect in construing the
scope of rights created by a legislative enactment which never
calculated such a calculus of interests."

"Unless this decision is overturned quickly on appeal, the P2P
policy battle will now move to Washington," wrote Princeton computer
science professor Edward Felten in his weblog. "Having lost in the
Courts, the content industry will take the judge's hint and lobby
Congress to pass legislation changing the rules. My prediction is
that we'll see a bill circulated that creates an affirmative
responsibility to design products that make infringement as
difficult as possible."

<http://www.philly.com/mld/philly/business/technology/5717908.htm>

<http://www.freedom-to-tinker.com/archives/000374.html>

* Target Practice: The Grokster/StreamCast decision comes on the
heels of a ruling in RIAA v. Verizon, in which a US District Court
in Washington, D.C. held that Verizon must reveal the identity of a
subscriber whom the Recording Industry Association of America
alleges is using KaZaA file-sharing software to swap copyrighted
material. According to intellectual property attorney Mark Radcliffe,
the two decisions in tandem could presage a shift in the RIAA's
strategy for combating online piracy. "The obvious alternative
[to targeting P2P software providers] is what the record companies
have begun to do: Go after the worst traders," said Radcliffe to
CNET.

According to Berkman Fellow and EFF Staff Attorney Wendy Seltzer,
this spells trouble for people who use P2P file-sharing software.
"[Yesterday's] ruling against Verizon...gave copyright holders broad
leeway to flood ISPs with demands for the identities of alleged
copyright infringers," wrote Seltzer in her weblog. "That decision...
[compromises users'] privacy and anonymity on the mere rubber-stamped
say-so of any copyright claimant."

<http://www.dcd.uscourts.gov/03-ms-0040.pdf>

<http://news.com.com/2100-1027-998419.html>

<http://www.washingtonpost.com/wp-dyn/articles/A33972-2003Apr24.html>

<http://blogs.law.harvard.edu/seltzer/2003/04/25#a22>

[2] DISPATCHES
================

As reported in Filter 5.5 (<http://shorl.com/hystovoprufano>),the
High Court of Australia ruled this past December that US-based
publisher Dow Jones & Co. could be sued for libel in an Australian
court over an article published on the Internet. Now, Bill Alpert,
the reporter who wrote the article in question, has reportedly
filed a writ with the UN Human Rights Commission claiming that he
has been denied the right of free speech (see
<http://www.smh.com.au/articles/2003/04/18/1050172745955.html>.)

What are the arguments for global versus local rules regarding
speech on the Internet? And how are tricky jurisdictional questions
like those encountered in the Dow Jones case playing out in the
courts?

Below, we feature a Cato Institute working paper by Berkman Center
Faculty Co-Director Jonathan Zittrain exploring how "localization"
technologies are allowing governments to shape the Internet
according to local rules, and what effect this may have on Internet
communications as a whole.

"Be Careful What You Ask For: Reconciling a Global Internet and
Local Law"
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=395300>

[3] BERKMAN NEWS
================

* OSCOM--CMS: Authoring, Syndication & the Semantic Web, May 28-30:
The Berkman Center is proud to sponsor this year's OSCOM conference,
featuring keynotes by Dave Winer and John Udell as well as
presentations by Berkman Fellow and EFF Staff Attorney Wendy
Seltzer among others.

Among the questions we'll be exploring: What are the hazards and
opportunities of open source software licenses? How is open
source CMS working within universities? Is it possible to make
money with open source software?

Follow the link below for further details, including how to
register online:

<http://www.oscom.org/Conferences/Cambridge/>

* Christopher Lydon Live on PRI--and Online: Berkman Fellow
Christopher Lydon, founding host of the popular WGBH/NPR radio
show "The Connection," held a live call-in radio show on Sunday
night, the seventh and final show of the series, "The Whole
Wide World with Christopher Lydon."

The program, which featured Niall Ferguson, Amy Chua and Arundhati
Roy, brought a whole new twist to the traditional call-in
talk show: it offered an online component, including a discussion
forum and a weblog with "producer's notes." Says Lydon, a veteran
journalist and talk show host but a newcomer to weblogs, "I want
to find out what 'Blog World' has to say about radio, and
on the radio."

Follow the link below to learn more & listen to show:

<http://world.law.harvard.edu/>

[4] CONFERENCE WATCH
================

May:
* 05/01/03 @ 7:00 p.m., Boston Public Library, Boston, MA--"Freedom
of Expression in the Digital Age: Reading, Writing and Expression"
(Words on Fire)
<http://www.wordsonfireboston.com/lectures.asp>

* 05/06/03 @ 5:00 p.m., MIT's Wong Auditorium, Cambridge, MA--"New
Threats to Freedom & Privacy Online" (MIT Technology & Culture
Forum)
<http://web.mit.edu/tac/www/>

* 05/28/03-05/30/03, Cambridge, MA--"Third Open Source Content
Management Conference" (OSCOM)
<http://www.oscom.org/Conferences/Cambridge/>

June:
* 06/30/03-07/04/03, Stanford, CA--"Internet Law Program" (Berkman
Center for Internet & Society, Stanford Center for Internet and
Society)
<http://cyber.law.harvard.edu/ilaw>

July:
* 05/28/03-05/30/03, Oxford, UK--"Oxford Internet Institute Summer
Doctoral Program" (OII, Annenberg School of Communication, Berkman
Center for Internet & Society)
<http://www.oii.ox.ac.uk/summerdoctoral.shtml>

[5] BOOKMARKS
================

* State Super-DMCA Bills and Laws
<http://www.freedom-to-tinker.com/superdmca.html>

Edward Felten's web page tracking the status of so-called Super-DMCA
legislation in states across the nation.

* State-level Super-DMCA Archive
<http://www.eff.org/IP/DMCA/states/>

The Electronic Frontier Foundation's web page providing
guidelines for taking action on the legislation.

* Transcripts from the Copyright Office's April 11 hearing on
DMCA rulemaking
<http://shorl.com/dumemafogrime> [Official transcript, PDF]
<http://shorl.com/fedrografrynudu> [Unofficial, session I, HTML]
<http://shorl.com/hokogupreprela> [Unofficial, session II, HTML]

* O'Reilly Emerging Technology Conference
<http://www.oreillynet.com/et2003/>

A compilation of press coverage, weblog commentary and other
good stuff from O'Reilly's latest Emerging Technology
conference.

* Computers, Freedom & Privacy 2003
<http://www.cfp2003.org/cfp2003/program.html>

Audio archive of the 13th annual CFP conference, including
the closing keynote by Lawrence Lessig.

* The Second Superpower
<http://cyber.law.harvard.edu/people/jmoore/secondsuperpower.html>

Berkman Fellow Jim Moore's essay on the "emerging second
superpower" comprised of "a surprisingly agile and muscular body
of citizen activists who identify their interests with world
society as a whole--and who recognize that at a fundamental
level we are all one."

* Copyright and Fair Use: Current and Future Prospects
<http://jolt.law.harvard.edu/p.cgi/symposium/main2003.html>

Webcast archive of a symposium on fair use in the digital age,
presented by the Harvard Journal of Law & Technology. Features
presentations by Gigi Sohn, Siva Vaidyanathan, Jonathan
Zittrain and others.

* Digital-copyright
<http://www.umuc.edu/distance/odell/cip/listserv.html>

Top-notch email list-serve that focuses on issues related to
copyright, intellectual property rights, and public access to
information in the digital age.

[6] QUOTABLE
================

"Are you making it illegal for me to tape the Tennessee-Florida
game?"

--State Representative Frank Buck (D-Smithville) to State
Representative Rob Briley (D-Nashville), who introduced
Super-DMCA legislation in the state House in Tennessee.

<http://shorl.com/jesevagruryfy>

"My thoughts:
1) We were present in mass and it made an impression.
2) The senators expressed a lack of understanding the problem.
3) The senators expressed a desire to understand the problem.
4) They were currently relying on a cable company representative to
interpret the bill for them.
5) We were disorganized and needed better preparation.
6) We basically won an extension. Good job, pat on the back.
Now get ready for the next round..."

--Excerpt from notes taken by an attendee at a Tennessee Senate
Judiciary Meeting on its version of the legislation.

<http://shorl.com/gedogutugryju>

"Concealing the existence of communication is my dissertation,
and concealing the source of communication takes place in
honey nets. So I decided to be proactive about it and move it to
another location, and for now just deny anybody from the states
to download any of my software."

--Niels Provos, a University of Michigan graduate student who,
fearing liability under Michigan Super-DMCA legislation,
reportedly removed research papers and software from his
home page and relocated them to a server in the Netherlands.

<http://www.securityfocus.com/news/3912>

"Please, ask yourselves: who wants this bill? The only person
who showed up here today to support this bill has a narrow
special interest. The people who showed up in opposition are
your constituents, people who live and work in this state.

We must also see this bill in its proper national context.
This bill is a part of a concerted national special interest
campaign...In response to Representative Linsky's good question,
the representative of the MPAA here today couldn't even say
whether the law is redundant when compared to the state's
larceny statutes. This bill was not written for this state and
it should not be enacted in this state."

--Berkman Center Executive Director John Palfrey, testifying
against the Super-DMCA legislation proposed in Massachusetts.

<http://blogs.law.harvard.edu/palfrey/stories/storyReader$86>

"When you've got Verizon, the American Electronics Association,
Harvard Law School and the ponytail gang all against you, then
you've got a problem."

--An onlooker at the hearing.

<http://www.nwfusion.com/news/2003/0402mpaadrive.html>

[7] TALK BACK
================

Comments? Questions? Opinions? Submissions? Send a letter to
the editor at filter-editor@cyber.law.harvard.edu

[8] SUBSCRIPTION INFO
================

Follow this link to subscribe to or unsubscribe from the list:

<http://cyber.law.harvard.edu/filter/subscribe>

[9] ABOUT US
================

Read The Filter online at
<http://cyber.law.harvard.edu/filter/>.

Who we are:

Editor: Donna Wentworth

<http://cyber.law.harvard.edu/filter/about.html>

[10] NOT A COPYRIGHT
================

A publication of the Berkman Center for Internet & Society at Harvard
Law School <http://cyber.law.harvard.edu>

You may--and please do--forward or copy this newsletter to friends and
colleagues.

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