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Y490 Politics of the
Internet
March 7, 2012
Governance
  Governance is a service that
   governments and other authoritative
   bodies perform
  Defined by Oran Young as “The
   establishment and operation of social
   institutions…capable of resolving
   conflicts, facilitating cooperation, or, more
   generally, alleviating collective action
   problems.”
International Intergovernmental
Regimes
  Defined as systems of rules, norms,
   procedures, and informal practices that
   constrain the behavior of governments of
   nation-states.
  International governance and international
   intergovernmental regimes are not the same
   because some international governance can
   occur with only minimal involvement of
   governments.
International Regimes for ICTs

  The Domain Name System
  E-Commerce
  Intellectual Property Rights and Digital
   Rights Management (DRM)
  Bridging the Digital Divide (e.g. the DOT
   Force)
  WSIS and the Internet Governance
   Forum
The Domain Name System
  Origins in the system administered by
   Jon Postel
  Postel regime generalized into the Internet
   Assigned Numbers Association (IANA) by the
   Internet Society
  IANA establishes ICANN in collusion with the
   US Department of Commerce
  ICANN comes under strong criticism for
   Commerce veto (EU; Milton Mueller)
DNS-Specific Issues
  Integrity of root server system
  Global Top-level domains vs. country domains
  Need to regulate registrar monopolies
   (Network Solutions/Verisign) or make registry
   industry more competitive
  Cyber squatting vs. trademark and brand-name
   protection of large firms (UDRP)
  .xxx domain dispute
                        The Internet is for Porn video
E-Commerce Governance
Issues
  Should there be policies to promote
   migration from bricks and mortar to
   bricks and clicks or just clicks?
  How is e-commerce to be regulated?
  Is there a geographic location where the
   transaction takes place (for taxation
   purposes) and if so what tax is to be
   charged?
Increased Focus on Protecting
Intellectual Property
  RIAA, MPAA attacks on file sharing
  Counterarguments by scholars about the
   negative aspects of overly ambitious
   “digital rights management”
Jar Jar Binks: The Phantom
Edit
    Wikipedia story on it
    2001 story in Salon.com
    Jay and Silent Bob on the Phantom Edit
    Initially George
     Lucas supported the
     phantom edit but
     then reversed
     himself
History of Copyright Act
 1790   Congress passes copyright act
 1830   Act expanded to published music
 1856   Act extended to published plays
 1870   Act extended to works of art. Library of
        Congress become clearing house.
 1897   Act extended to public performances
 1909   Act extended to reproductions (piano rolls)
 1912   Motion pictures added
 1976   Sound recordings and unpublished works
 1980   Computer programs
 1992   Audio Home Recording Act
 1998   Copyright Term Extension Act
Copyright Term Extension Act of
1988
  The Copyright Act of 1976 set the term of copy as
   the life of the author plus 50 years for individuals
   and for the life of the author plus 70 years for
   corporations or 95 years after publication.
  The Copyright Term Extension Act of 1988
   (sponsored by Sonny Bono) extended copyright
   terms in the US by 20 years to 95 years after
   publication.
  Also called “The Mickey Mouse Protection Act.”

    Rep. Sonny Bono (of Sonny and Cher fame)
Increasing Length of
Copyrights
Oswald the Lucky Rabbit and
Steamboat Willie
   Oswald the Lucky Rabbit 1927
   Steamboat Willie 1928
   Disney worked on Oswald the Rabbit for
    Charles Mintz of Universal Studios. When he
    asked for more production money in 1928, Mintz
    reminded Disney that Universal owned the rights
    to Oswald the Rabbit. Disney quit and formed
    his own studio and never again lost control of his
    intellectual property.
More Recent Intellectual
Property Rights Legislation
 Digital Millennium Copyright Act (DMCA)
  of 1998
 Inducing Infringement of Copyrights Act of
  2004
DMCA authorized methods for
digital rights management
    Licensing
    Watermarking
    Registerware
    Tethering
    Privacy tax
Other DMCA provisions

  Limits on caching
  Prohibits links to DMCA-illegal material
  ISPs told to act expeditiously to block
   illegal content or activity
  Special leeway for libraries
  Compulsory licensing to webcasters with
   terms regulated by Library of Congress
File Sharing and Piracy
  Digital files unlike analog content suffers
   no loss in quality when copied
  Recording Industry and Movie Industry
   both worried about illegal copying of
   copyrighted content (which they call
   piracy)
  MP3s for audio files more vulnerable
   than video files because smaller in size,
   but video file sharing is already
   happening
Napster                                  Shawn Fanning

                               Sean Parker


  Founded in June 1999, Napster was one of the
   first systems to utilize a large- scale the peer to
   peer model of sharing files.
  Peer to peer (P2P) sharing occurs when
   computer networks when one Internet node
   shares files with another node
  The earliest peer to peer networks (e.g
   Napster) were client-server based: a central
   server tends to provide access to files that can
   be shared.
Metallica Suit against Napster
  Metallica discovered that a demo of their song ‘I
   Disappear’ had been circulating across the
   Napster network, even before it was released.
   This eventually led to the song being played on
   several radio stations across America, and also
   brought to Metallica’s attention, was that their
   entire back catalogue of studio material was also
   available. The band responded in 2000 by filing a
   lawsuit against Napster.
                       Napster Bad video
Napster shuts down
  In November 1999, the RIAA filed suit against
   Napster for copyright infringement.
  The RIAA’s suit was successful and Napster had to
   close down in July 2001.
  By 2001, Napster had 26.4 Million users.
  British icons Radiohead alluded to Napster as helping
   their album “Kid A” debut at number 1 in America on
   the Billboard charts its debut week, something the
   English rockers had never come close to doing in
   America, for they had never even been in the top
   twenty.
Gnutella Networks
   New P2P client software that did not rely
    on a single server.
   Examples: Grokster, Kazaa, LimeWire,
    Morpheus, eDonkey and BearShare
   By June 2005, 1.8 million nodes
   By January 2006, 3 million nodes
   MGM filed suit against Grokster in 2003
   Grokster shut down in Nov. 2005.
How BitTorrents Work
BitTorrent networks were even
more decentralized than gnutella
networks. Rather than
downloading a file from a single
source server, the BitTorrent
protocol allowed users to join a
"swarm" of hosts to download
and upload from each other
simultaneously.
Bit Torrents Explained (continued)
As you are downloading this
Led Zeppelin song, or
whatever you would like to
download, other users can
simultaneously download what
you have completed of the Led
Zeppelin file even if it is not
fully completed. When another
user is downloading a piece of
one of your files, you become
a seeder, essentially the place
where the original file exists, or
the seed. Seeing as this is an
important concept, another
diagram illustrating a user’s
dual nature within each
network is necessary.


               Azureus, now called Vuze : Bittorrent Client
Recent Actions against BitTorrents

 By 2009, BitTorrent traffic accounted for 43-70
  percent of all Internet traffic.
 Comcast throttles BitTorrent traffic on its
  network in 2008 (FCC intervenes to stop this).
 October 2010: U.S. District Count judge files an
  Injunction against Lime Wire, the company that
  operated LimeWire file sharing software.
 November 2010: Dept. of Homeland Security
  crackdown on Torrent-Finder.
The Pirate Bay and the Pirate
Party
 Founders of The Pirate Bay in
  Sweden found guilty of assisting
  with the violation of copyrights
  and sentenced to serve prison
  terms in 2009.
 The Pirate Party was founded in
  Sweden in 2006. It has become a
  model for the global
  International Pirate Movement.
  The party’s main goal is to reform
  patent and copyright laws.
Anti-Counterfeiting Trade Agreem
(ACTA)
  Supported by the RIAA and the MPAA
  Would exist outside the WTO, WIPO and
   the UN
  Begun in 2006
  Secret negotiations criticized
  Agreement signed October 2011 (by US)
   and in January 2012 (by EU)
           Video by Harold Feld
                                  European protests
Three Guiding Questions
  To what extent does the Internet media sector
   mimic the long-established patters of
   concentrated ownership in the broader print
   and broadcast media?
  To what extent has it altered the processes
   shaping a central area of media content: news
   production and distribution?
  What has been the effect of the phenomenon
   of file sharing, the rise of open-source
   software, and other intellectual property
   disputes?        Chadwick, chap. 12, p. 289.
Concentration of Control
The Big Seven

    General Electric
    Walt Disney
    News Corporation
    TimeWarner
    Viacom
    CBS
    Bertelsmann
Media Concentration
Film Studio Market Share,
2009
Key Scholarly Works on
Media Concentration
 Ben Bagdikian, The Media Monopoly (6th
  edn. 2000)
 Eli Noam, Media Ownership and
  Concentration in America (2009)
 Robert McChesney, Rich Media, Poor
  Democracy (2000)
 Robert McChesney, The Political
  Economy of Media (2008)
Dealing with the Global
Digital Divide
Okinawa Charter
  G8 agree to it in June-July 2000 at the
   Okinawa Summit
  Puts forth principal of inclusion:
    “..everyone everywhere should be enabled to
     participate in and no one should be excluded from
     the benefits of the global information society.”
  States G8 commitment to bridging the global
   digital divide
  Establishes the Digital Opportunity Task Force
   (DOTForce)
Four Areas of Action for DOTForce in
Okinawa Charter

  Fostering policy, regulatory, and network
   readiness
  Improving connectivity, increasing
   access, and lowering costs
  Building human capacity
  Encouraging participation in global e-
   commerce and other e-Networks
7 DOTForce Teams

    National e-strategies
    Access and connectivity
    Human capacity building
    Entrepreneurship
    ICTs for health
    Local content and applications
    Global policy participation
Distinctive Features of DOT Force

  Multi-stakeholder representation
      G8 governments
      Private firms
      Non-profit 0rganizations
      International organizations
  Constitutes a response to criticisms
   voiced in Seattle and elsewhere (G8 led
   by Japan and Canada in 2000 and 2001)
DOT Force Results
  Final report,
   Report Card: Digital Opportunities for All,
   presented to the G8 in Canada at Kananaskis
   summit in June 2002
  Variety of projects with a variety of funding
   sources begun (see Appendix II in paper)
  DOT Force formally ceased operations after
   the Kananaskis summit
  Hand off to UN ICT Task Force and the
   World Summit on the Information Society in
   2003
World Summit on the
Information Society (WSIS)


Direct follow-on to the DOT Force at
the United Nations             Video about
                               WSIS 2010
                                  in Geneva

Two big meetings

Geneva 2003
Internet Governance Forum
 a multi-stakeholder forum for policy
  dialogue on issues of Internet
  governance. The establishment of the
  IGF was formally announced by the
  United Nations Secretary-General in July
  2006 and it was first convened in October
  /November 2006.

 Video on cloud computing
 at IGF in Vilnius, 2010

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Polinter08

  • 1. Y490 Politics of the Internet March 7, 2012
  • 2. Governance  Governance is a service that governments and other authoritative bodies perform  Defined by Oran Young as “The establishment and operation of social institutions…capable of resolving conflicts, facilitating cooperation, or, more generally, alleviating collective action problems.”
  • 3. International Intergovernmental Regimes  Defined as systems of rules, norms, procedures, and informal practices that constrain the behavior of governments of nation-states.  International governance and international intergovernmental regimes are not the same because some international governance can occur with only minimal involvement of governments.
  • 4. International Regimes for ICTs  The Domain Name System  E-Commerce  Intellectual Property Rights and Digital Rights Management (DRM)  Bridging the Digital Divide (e.g. the DOT Force)  WSIS and the Internet Governance Forum
  • 5. The Domain Name System  Origins in the system administered by Jon Postel  Postel regime generalized into the Internet Assigned Numbers Association (IANA) by the Internet Society  IANA establishes ICANN in collusion with the US Department of Commerce  ICANN comes under strong criticism for Commerce veto (EU; Milton Mueller)
  • 6. DNS-Specific Issues  Integrity of root server system  Global Top-level domains vs. country domains  Need to regulate registrar monopolies (Network Solutions/Verisign) or make registry industry more competitive  Cyber squatting vs. trademark and brand-name protection of large firms (UDRP)  .xxx domain dispute The Internet is for Porn video
  • 7. E-Commerce Governance Issues  Should there be policies to promote migration from bricks and mortar to bricks and clicks or just clicks?  How is e-commerce to be regulated?  Is there a geographic location where the transaction takes place (for taxation purposes) and if so what tax is to be charged?
  • 8. Increased Focus on Protecting Intellectual Property  RIAA, MPAA attacks on file sharing  Counterarguments by scholars about the negative aspects of overly ambitious “digital rights management”
  • 9.
  • 10. Jar Jar Binks: The Phantom Edit  Wikipedia story on it  2001 story in Salon.com  Jay and Silent Bob on the Phantom Edit  Initially George Lucas supported the phantom edit but then reversed himself
  • 11. History of Copyright Act 1790 Congress passes copyright act 1830 Act expanded to published music 1856 Act extended to published plays 1870 Act extended to works of art. Library of Congress become clearing house. 1897 Act extended to public performances 1909 Act extended to reproductions (piano rolls) 1912 Motion pictures added 1976 Sound recordings and unpublished works 1980 Computer programs 1992 Audio Home Recording Act 1998 Copyright Term Extension Act
  • 12. Copyright Term Extension Act of 1988  The Copyright Act of 1976 set the term of copy as the life of the author plus 50 years for individuals and for the life of the author plus 70 years for corporations or 95 years after publication.  The Copyright Term Extension Act of 1988 (sponsored by Sonny Bono) extended copyright terms in the US by 20 years to 95 years after publication.  Also called “The Mickey Mouse Protection Act.” Rep. Sonny Bono (of Sonny and Cher fame)
  • 14. Oswald the Lucky Rabbit and Steamboat Willie  Oswald the Lucky Rabbit 1927  Steamboat Willie 1928  Disney worked on Oswald the Rabbit for Charles Mintz of Universal Studios. When he asked for more production money in 1928, Mintz reminded Disney that Universal owned the rights to Oswald the Rabbit. Disney quit and formed his own studio and never again lost control of his intellectual property.
  • 15. More Recent Intellectual Property Rights Legislation  Digital Millennium Copyright Act (DMCA) of 1998  Inducing Infringement of Copyrights Act of 2004
  • 16. DMCA authorized methods for digital rights management  Licensing  Watermarking  Registerware  Tethering  Privacy tax
  • 17. Other DMCA provisions  Limits on caching  Prohibits links to DMCA-illegal material  ISPs told to act expeditiously to block illegal content or activity  Special leeway for libraries  Compulsory licensing to webcasters with terms regulated by Library of Congress
  • 18. File Sharing and Piracy  Digital files unlike analog content suffers no loss in quality when copied  Recording Industry and Movie Industry both worried about illegal copying of copyrighted content (which they call piracy)  MP3s for audio files more vulnerable than video files because smaller in size, but video file sharing is already happening
  • 19. Napster Shawn Fanning Sean Parker  Founded in June 1999, Napster was one of the first systems to utilize a large- scale the peer to peer model of sharing files.  Peer to peer (P2P) sharing occurs when computer networks when one Internet node shares files with another node  The earliest peer to peer networks (e.g Napster) were client-server based: a central server tends to provide access to files that can be shared.
  • 20. Metallica Suit against Napster  Metallica discovered that a demo of their song ‘I Disappear’ had been circulating across the Napster network, even before it was released. This eventually led to the song being played on several radio stations across America, and also brought to Metallica’s attention, was that their entire back catalogue of studio material was also available. The band responded in 2000 by filing a lawsuit against Napster. Napster Bad video
  • 21. Napster shuts down  In November 1999, the RIAA filed suit against Napster for copyright infringement.  The RIAA’s suit was successful and Napster had to close down in July 2001.  By 2001, Napster had 26.4 Million users.  British icons Radiohead alluded to Napster as helping their album “Kid A” debut at number 1 in America on the Billboard charts its debut week, something the English rockers had never come close to doing in America, for they had never even been in the top twenty.
  • 22. Gnutella Networks  New P2P client software that did not rely on a single server.  Examples: Grokster, Kazaa, LimeWire, Morpheus, eDonkey and BearShare  By June 2005, 1.8 million nodes  By January 2006, 3 million nodes  MGM filed suit against Grokster in 2003  Grokster shut down in Nov. 2005.
  • 23. How BitTorrents Work BitTorrent networks were even more decentralized than gnutella networks. Rather than downloading a file from a single source server, the BitTorrent protocol allowed users to join a "swarm" of hosts to download and upload from each other simultaneously.
  • 24. Bit Torrents Explained (continued) As you are downloading this Led Zeppelin song, or whatever you would like to download, other users can simultaneously download what you have completed of the Led Zeppelin file even if it is not fully completed. When another user is downloading a piece of one of your files, you become a seeder, essentially the place where the original file exists, or the seed. Seeing as this is an important concept, another diagram illustrating a user’s dual nature within each network is necessary. Azureus, now called Vuze : Bittorrent Client
  • 25. Recent Actions against BitTorrents  By 2009, BitTorrent traffic accounted for 43-70 percent of all Internet traffic.  Comcast throttles BitTorrent traffic on its network in 2008 (FCC intervenes to stop this).  October 2010: U.S. District Count judge files an Injunction against Lime Wire, the company that operated LimeWire file sharing software.  November 2010: Dept. of Homeland Security crackdown on Torrent-Finder.
  • 26. The Pirate Bay and the Pirate Party  Founders of The Pirate Bay in Sweden found guilty of assisting with the violation of copyrights and sentenced to serve prison terms in 2009.  The Pirate Party was founded in Sweden in 2006. It has become a model for the global International Pirate Movement. The party’s main goal is to reform patent and copyright laws.
  • 27. Anti-Counterfeiting Trade Agreem (ACTA)  Supported by the RIAA and the MPAA  Would exist outside the WTO, WIPO and the UN  Begun in 2006  Secret negotiations criticized  Agreement signed October 2011 (by US) and in January 2012 (by EU) Video by Harold Feld European protests
  • 28. Three Guiding Questions  To what extent does the Internet media sector mimic the long-established patters of concentrated ownership in the broader print and broadcast media?  To what extent has it altered the processes shaping a central area of media content: news production and distribution?  What has been the effect of the phenomenon of file sharing, the rise of open-source software, and other intellectual property disputes? Chadwick, chap. 12, p. 289.
  • 30. The Big Seven  General Electric  Walt Disney  News Corporation  TimeWarner  Viacom  CBS  Bertelsmann
  • 32. Film Studio Market Share, 2009
  • 33. Key Scholarly Works on Media Concentration  Ben Bagdikian, The Media Monopoly (6th edn. 2000)  Eli Noam, Media Ownership and Concentration in America (2009)  Robert McChesney, Rich Media, Poor Democracy (2000)  Robert McChesney, The Political Economy of Media (2008)
  • 34. Dealing with the Global Digital Divide
  • 35. Okinawa Charter  G8 agree to it in June-July 2000 at the Okinawa Summit  Puts forth principal of inclusion:  “..everyone everywhere should be enabled to participate in and no one should be excluded from the benefits of the global information society.”  States G8 commitment to bridging the global digital divide  Establishes the Digital Opportunity Task Force (DOTForce)
  • 36. Four Areas of Action for DOTForce in Okinawa Charter  Fostering policy, regulatory, and network readiness  Improving connectivity, increasing access, and lowering costs  Building human capacity  Encouraging participation in global e- commerce and other e-Networks
  • 37. 7 DOTForce Teams  National e-strategies  Access and connectivity  Human capacity building  Entrepreneurship  ICTs for health  Local content and applications  Global policy participation
  • 38. Distinctive Features of DOT Force  Multi-stakeholder representation  G8 governments  Private firms  Non-profit 0rganizations  International organizations  Constitutes a response to criticisms voiced in Seattle and elsewhere (G8 led by Japan and Canada in 2000 and 2001)
  • 39. DOT Force Results  Final report, Report Card: Digital Opportunities for All, presented to the G8 in Canada at Kananaskis summit in June 2002  Variety of projects with a variety of funding sources begun (see Appendix II in paper)  DOT Force formally ceased operations after the Kananaskis summit  Hand off to UN ICT Task Force and the World Summit on the Information Society in 2003
  • 40. World Summit on the Information Society (WSIS) Direct follow-on to the DOT Force at the United Nations Video about WSIS 2010 in Geneva Two big meetings Geneva 2003
  • 41. Internet Governance Forum  a multi-stakeholder forum for policy dialogue on issues of Internet governance. The establishment of the IGF was formally announced by the United Nations Secretary-General in July 2006 and it was first convened in October /November 2006. Video on cloud computing at IGF in Vilnius, 2010