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general internet news & research - 4 July
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Sponsored by the Singapore Internet Research Centre
Nanyang Technological University, Singapore
http://www.ntu.edu.sg/sci/sirc/
Internet in Asia blog (new address!):
http://internetinasia.typepad.com/
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RESEARCH PAPERS
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China's Internet: Let a Thousand Filters Bloom
Aided by US technology companies, Beijing tightens its
control of information flow: The internet has played a
key role in China's opening up to the world. But, as
Rebecca MacKinnon writes, the Chinese government has
cracked down on online freedom of expression. Thanks
to deals with multinational corporations, US
technology has facilitated Beijing's campaign to
restrict internet discussions on troublesome issues
like democracy, human rights, and Taiwanese
independence. "Granular" technologies developed by US
information technology giants enable installation of a
powerful mesh of filters to control information flow:
State-of-the art routers automatically track
individual internet users and even filter out
sub-pages from larger sites. As a result, says
MacKinnon, "the picture of the world as seen by most
Chinese internet users is heavily skewed in the
regime's favor." Western companies have felt
increasing public pressure to take more responsibility
for China's uses of their products, even spurring US
legislation to support freedom on the internet.
Despite the multinationals' claims of innocence ? and
ignorance ? more and more critics, like MacKinnon, are
calling for "consequences for companies found to be
deliberately aiding censorship and political
repression."
http://yaleglobal.yale.edu/display.article?id=5928
The Battle for Mindshare: The Emerging Consensus that
the First Amendment Protects Corporate Criticism and
Parody on the Internet by Hannibal Travis
10 Va. J.L. & Tech. 3 (2005) View PDF
This article describes the development of trademark
liability for corporate criticism or parody on the
Internet and the emerging judicial consensus that
imposing liability on this form of political speech
violates the First Amendment rights of Internet users.
The article begins by analyzing the expansion of
trademark rights from a method of protecting merchants
against counterfeiting into a broad-ranging tort
against any invasion of consumers? good feelings
towards a business or its products. Courts and
Congress made this expansion possible by eroding the
requirement of commercial competition as a
prerequisite to trademark liability and by crafting
sometimes overbroad rules against creating ?initial
interest confusion,? establishing negative
associations with a trademark, or ?cybersquatting? on
a domain name similar to a mark. Fortunately, the
federal appellate courts are making it increasingly
clear that the First Amendment shields Internet speech
devoted to criticizing or making fun of corporations
from censorship under trademark law. The author argues
that this emerging consensus is consistent with the
principal normative justifications for trademark
rights as a means of preserving valuable property
interests and promoting economic efficiency. Finally,
he contends that trademark rights should be restricted
to policing commercial competition, rather than
non-commercial Internet speech. This limitation is
essential if consumers are to preserve their autonomy
in light of the pervasive influence of advertising and
their ability to participate fully in a democratic
society in light of the considerable power of the
business world.
Wi-Fi Liability: Potential Legal Risks in Accessing
and Operating Wireless Internet by ROBERT V. HALE II
(Santa Clara Computer and High Technology Law Journal)
Abstract: Suppose you turn on your laptop while
sitting at the kitchen table at home and respond OK to
a prompt about accessing a nearby wireless Internet
access point owned and operated by a neighbor. What
potential liability may ensue from accessing someone
else's wireless access point? How about intercepting
wireless connection signals? What about setting up an
open or unsecured wireless access point in your house
or business? Attorneys can expect to grapple with
these issues and other related questions as the
popularity of wireless technology continues to
increase. This paper explores several theories of
liability involving both the accessing and operating
of wireless Internet, including the Computer Fraud and
Abuse Act, wiretap laws, as well as trespass to
chattels and other areas of common law. The paper
concludes with a brief discussion of key policy
considerations.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=692881
Let the People Know the Facts: Can Government
Information Removed from the Internet be Reclaimed? by
SUSAN NEVELOW MART (University of California, Hastings
College of the Law)
Abstract: This article examines the legal bases of the
public's right to access government information, and
examines and analyzes the types of information that
have recently been removed from the Internet and the
rationales given for the removals. The concerted use
of FOIA by public interest groups and their
constituents is suggested as a possible method of
returning the information to the Internet. There
article concludes with a brief review of recent FOIA
cases that might provide some guidance on the
litigation sure to follow such concerted requests.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=741406
Internet Libel: The Consequences of a Non-rule
Approach to Personal Jurisdiction by PATRICK JOSEPH
BORCHERS (Northwestern Law Review)
Abstract: If a person in one state posts on the
Internet a libelous statement about a person living in
another state the question often arises as to whether
the person with the injured reputation can sue in his
home state or must bring suit in the courts of another
state, presumably the home state of person who posted
the offending statement. Courts have reached
inconsistent results on this question in an effort to
apply the U.S. Supreme Court's minimum contacts
jurisprudence. This article examines the approaches of
the lower courts and argues that they have mostly
ignored the most relevant Supreme Court precedents,
1985 cases in Keeton v. Hustler and Calder v. Jones.
The article also compares the approach of the U.S.
courts to the E.U. courts interpreting the Brussels
Convention and Regulation.
Jurisdiction and the Internet: Returning to
Traditional Principles to Analyze Network-Mediated
Contacts by A. BENJAMIN SPENCER (University of
Illinois Law Review)
Abstract: Courts have been evaluating the issue of
personal jurisdiction based on Internet or
"network-mediated" contacts for some time. The U.S.
Supreme Court has remained silent on this issue,
permitting the federal appeals courts to develop
standards for determining when personal jurisdiction
based on network-mediated contacts is appropriate.
Unfortunately, the circuit approaches - which
emphasize a website's "interactivity" and "target
audience" - are flawed because they are premised on an
outdated view of Internet activity as uncontrollably
ubiquitous. This view has led courts to depart from
traditional jurisdictional analysis and impose
elevated and misguided jurisdictional standards. This
Article argues that courts should reinstitute
traditional principles to analyze jurisdiction based
on network-mediated contacts because of current
technology that enables Internet actors to restrict
the geographical reach of their virtual conduct. Such
a return will be fairer for plaintiffs while
recognizing the legitimate due process rights of
defendants.
Internet and Computer Crime: System Architecture as
Crime Control by K. A. TAIPALE (Center for Advanced
Studies Working Paper)
The purpose of this paper is to briefly examine the
rationale and opportunity for online crime control
through system architecture by imposing certain
technical responsibilities on victims and implicated
third parties. In particular, we examine affirmative
obligations for ISPs to report criminal activity and
retain data, and for victims to employ some minimal
level of technical protective measures. In addition,
we briefly discuss tort-based mechanisms to encourage
both victims and third parties to adopt reasonable
technical measures to prevent illegal behavior.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=706161
Passing Beyond Identity on the Internet: Espionage and
Counterespionage in the Internet Age by MARCY E. PEEK
(Vermont Law Review)
Abstract: This article is concerned with methods of
resisting discriminatory steering and marketing in
cyberspace. I argue that, where data marketing and
steering activities by commercial entities engender
the marginalization of certain groups of individuals,
technological techniques of resistance and
counterespionage - namely identity passing - should be
implemented by marginalized persons to counteract
online profiling. Such methods are grounded in the
principles of anti-subordination jurisprudence. Under
this approach, societal tools that serve to lessen
opportunities or engender domination are called into
question, rather than merely unfair formal processes.
I argue that where online profiling disempowers and
excludes marginalized groups, it represents a form of
subordination based in information control. Therefore,
the practical technique of identity passing via
technological manipulation must be utilized by
individuals in order to counteract these oppressive
activities. Finally, I contend that unlike the
stigmatized phenomenon of offline passing, the act of
passing online removes this act of resistance from the
realm of what is sometimes deemed an attempted denial
of one's socially constructed identity, and moves it
further into the realm of one of the most cherished
values in American society-the right to privacy and
anonymity. This is because cyberspace allows for the
constant manipulation of the identity tags that are
presented to profilers; in essence, it allows for the
ad infinitum retooling of one's identity as presented
to the world. Once identity tags are subject to
constant change, identity passing can be construed as
a form of self-controlled anonymity rather than a
stigmatized form of identity denial.
The Internet as a Conduit for Criminal Activity by
DAVID S. WALL (INFORMATION TECHNOLOGY AND THE CRIMINAL
JUSTICE SYSTEM)
Abstract: While there appears to be a common view that
the Internet has had a major impact upon criminality,
there is much less consensus as to what that impact
has been. Many sources make claims about the
prevalence of cybercrimes (networked computer crime)
without clarifying what is precisely the issue at
hand. Indeed, when so-called cases of cybercrime come
to court they often have the familiar ring of the
'traditional' rather than the 'cyber' about them.
Fraud, pornography, paedophilia, etc., are already
covered by substantive areas of law in most
jurisdictions. Even more confusing is the gap between
the many hundreds of thousands of estimated incidents
and the relatively small number of known prosecutions
- which questions the early predictions that
cybercrimes, unless checked, could effectively bring
criminals into every home. In fact, the confusion has
led some authors to question whether or not "there are
indeed such things as cybercrimes" (Brenner, 2001: 1).
Others, have questioned whether cybercrimes are
actually categories of crime in need of new theory or
whether they are better understood by existing
theories (Jones, 2003: 98). These contrasting
viewpoints expose a large gap in our understanding and
beg a number of questions. Are, for example, our
concerns about cybercrime driven solely by the media
sensitisation of one or two novel events and
effectively fabricated into a crime wave. Or are the
dramatic news stories the product of information
sources created by the cyber-security industry which
has a vested interest in sensationalising cybercrimes.
Alternatively, could it simply be the case that the
criminal justice processes are woefully inefficient at
bringing wrongdoers to justice. There again, are we
perhaps looking at an entirely new phenomena through
the wrong lens?
Secondary Liability on the Internet: Towards a
Performative Standard for Constitutive Responsibility
by K. A. TAIPALE (Center for Advanced Studies Working
Paper)
Abstract: This paper examines certain theoretical
constructs in law, legal theory, and communications
theory that relate to secondary liability and its
applicability to regulating online behavior. The
central thesis of this paper is that a theoretical
basis for ascribing legal responsibility to third
parties can be based on that party's constitutive role
in enabling illegal acts of others to produce social
harm. Specifically, that the provision by an Internet
service provider (ISP) of access to the enabling
technical infrastructure - the network medium - in
itself creates a responsibility base for mitigating
social harm arising from the use of that
infrastructure based on the effects of the mediation
in furthering or contributing to the harm. The purpose
of this paper is to explore certain theoretical
constructs in order to develop an analytic framework
that is potentially useful in delineating the
appropriate scope, and under what circumstances and
rationale, legal responsibility can be ascribed to
ISPs for the actions of their users.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=712101
The Promise of Internet Intermediary Liability by
RONALD J. MANN & SETH R. BELZLEY (U of Texas Law and
Economics Research Paper No. 45)
Abstract: ... This Essay starts from the realist
assumption that government regulation of the internet
is inevitable. Thus, instead of focusing on the naive
question of whether the internet should be regulated,
it discusses how to regulate internet-related activity
in a way that is consistent with approaches to
analogous offline conduct. The Essay also assumes that
the most salient characteristic of the internet is
that it inserts intermediaries into relationships that
could be, and previously would have been, conducted
directly in an offline environment. Existing liability
schemes generally join traditional fault-based
liability rules to broad internet-specific liability
exemptions. Those exemptions are supported by the
premise that in many cases the conduct of the
intermediaries is so wholly passive as to make
liability inappropriate. We argue that the pervasive
role of intermediaries calls not for a broad scheme of
exoneration, premised on passivity, but rather for a
more thoughtful development of principles for
determining when and how it makes economic sense to
allocate responsibility for wrongful conduct to the
least cost avoider. Accordingly, in cases in which it
is feasible for intermediaries to control the conduct,
we recommend a framework that pays serious attention
to the possibility of one of a series of three
different schemes of intermediary liability. The final
Part of the Essay uses that framework to analyze the
propriety of intermediary liability for several kinds
of internet-related misconduct including internet
gambling, child pornography, the sale of counterfeit
and contraband on the internet, and security harms
Writing Competition and Call for Papers 2005 - " The
Global Flow of Information: A Conference on Law,
Culture and Political Economy"
We are proud to announce the winner and runners-up of
the ISP /YJoLT / IJCLP writing competition. The
authors of these papers have been invited to present
their work at a panel during the the Yale Law School
?Global Flow of Information? conference. Their
articles will be included in special Fall 2005 volumes
of the two journals, devoted to the conference topic.
http://islandia.law.yale.edu/isp/GlobalFlow/
us: SECURING THE FREEDOM OF THE COMMUNICATIONS
REVOLUTION By Michael K. Powell
http://www.law.indiana.edu/fclj/pubs/v57/no3/Powell.pdf
DISCRIMINATORY FILTERING: CIPA?S EFFECT ON OUR
NATION?S YOUTH AND WHY THE SUPREME COURT ERRED IN
UPHOLDING THE CONSTITUTIONALITY OF THE CHILDREN?S
INTERNET PROTECTION ACT By Katherine A. Miltner
Congress introduced the Children?s Internet Protection
Act (?CIPA?) in order to filter obscene and indecent
material in response to a perceived threat to members
of the public, specifically minors, who are exposed to
pornographic material on the Internet. The provisions
of CIPA have provoked tension between two competing
interests: protecting minors from cyberpornography,
and safeguarding First Amendment rights. This Note
argues that the Supreme Court erred by upholding the
constitutionality of CIPA. As a result of the Supreme
Court?s decision, the nation?s youth will have
restricted access to constitutionally protected
information. The Court improperly relied on a
provision of the Act permitting adults to request that
library filters be disabled upon request. Part II of
this Note provides background on CIPA and the
litigation surrounding it. The decisions of both the
district court and the Supreme Court are analyzed in
detail. Part III explains what an Internet filter is
and how filters work in the context of CIPA. Part IV
identifies the burdens that libraries face as a
consequence of CIPA. Part V recognizes several less
restrictive alternatives to the implementation of
CIPA. Part VI expounds upon the substantial effect
that CIPA will have on today?s youth. The Note
concludes by arguing that CIPA simply does not
accomplish what it was designed to do.
http://www.law.indiana.edu/fclj/pubs/v57/no3/Miltner.pdf
LOOKING BEYOND THE DIGITAL DIVIDE By Yolanda D.
Edwards
A review of Anthony G. Wilhelm?s Digital Nation:
Toward an Inclusive Information Society, MIT Press,
2004. An important attempt to frame the debate about
the importance of technological literacy, this book
explores world- wide successes and failures to bring
technology to the masses and provides a plan to
accomplish it in the United States.
http://www.law.indiana.edu/fclj/pubs/v57/no3/Edwards.pdf
NEW JERSEY'S ADULT INTERNET LURING STATUTE: AN
APPROPRIATE NEXT STEP? (Duke L. & Tech. Rev)
New Jersey recently enacted legislation prohibiting
the use of the Internet to lure or entice someone to a
location with the purpose of committing a crime with
or against that person or some other person. Most
states have similar laws pertaining to pedophiles, but
this is the first adult Internet luring statute. State
measures to regulate the Internet, even in the context
of criminal justice, will likely face constitutional
challenge since the Internet has become such a
critical vehicle for both protected speech and
interstate commerce. Furthermore, while the use of the
Internet in the commission of crimes against other
persons is a new phenomenon, it is unclear whether new
laws are the best solution, or whether other responses
such as equipping police and investigators with more
resources and training to properly enforce existing
law would be more effective. This iBrief analyzes the
issues New Jersey will face with its statute and the
issues other states should be aware of ! when
considering similar legislation.
http://www.law.duke.edu/journals/dltr/articles/2005dltr0016.html
REGULATING INDECENCY: THE FEDERAL COMMUNICATION
COMMISSION'S THREAT TO THE FIRST AMENDMENT (Duke L. &
Tech. Rev)
This paper is adapted from a talk given by the author
at Duke University School of Law on April 6, 2005. The
author argues that the Federal Communication
Commission's recent crackdown on television indecency
poses a significant threat to First Amendment
protections by (1) limiting television viewers'
freedom of choice and (2) implying the possibility of
punishment for failure to cooperate with the political
objectives of the governing party.
http://www.law.duke.edu/journals/dltr/articles/2005dltr0013.html
THE DORMANT COMMERCE CLAUSE AND STATE REGULATION OF
THE INTERNET: ARE LAWS PROTECTING MINORS FROM SEXUAL
PREDATORS CONSTITUTIONALLY DIFFERENT THAN THOSE
PROTECTING MINORS FROM SEXUALLY EXPLICIT MATERIALS?
(Duke L. & Tech. Rev)
Several states have enacted statutes to protect minors
from harmful or obscene materials disseminated over
the Internet, as well as from pedophiles seeking to
use the Internet to lure them into sexual conduct.
State and federal courts have diverged in their
analysis of the Dormant Commerce Clause's impact on
state regulation in these areas. While state courts
have held that the Dormant Commerce Clause does not
invalidate state luring statutes, federal courts have
been consistent in finding state dissemination
statutes unconstitutional. This iBrief summarizes
recent state and federal jurisprudence in this area
and concludes that state courts have not been
successful in distinguishing state luring statutes
from federal case law on state dissemination statutes.
Therefore, state courts have prematurely aborted the
Dormant Commerce Clause examination.
http://www.law.duke.edu/journals/dltr/articles/2005dltr0008.html
Sharing in the Groove: Ninth Circuit Allows
Peer-to-Peer Networks To Continue File-Sharing MGM
Studios, Inc. v. Grokster, Ltd., 380 F.3d 1154 (9th
Cir. 2004) by Chapman, Todd C.
Over the past several years, as the Internet has grown
exponentially, the exchange of information and ideas
has become both faster and more efficient. One
particular type of information users exchange over the
Internet is digital music, and often the exchange
utilizes a peer-to-peer network. Peer-to-peer networks
allow individual users to connect directly to several
other users and download music, movies, and other
files from them. Napster was the most popular
peer-to-peer network initially, but many other,
similar networks have followed in Napster?s footsteps.
Many of the users sharing music and movies violated
copyright laws, however, so these peer-to-peer
applications have become targets for copyright owners
seeking to reestablish their exclusive rights to their
material. In August 2004, the Ninth Circuit Court of
Appeals decided MGM Studios, Inc. v. Grokster, Ltd.,
and determined that peer-to-peer networks are not
liable for their users? copyright infringement as long
as there are substantial legitimate uses of the
software. The Ninth Circuit held that although the
users of the peer-to-peer networks were committing
direct copyright infringement, the creators of the
software itself were not contributorily or vicariously
liable for the copyright infringement.
http://jip.kentlaw.edu/art/volume%204/4%20Chi-Kent%20J%20Intell%20Prop%20304.doc
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CENSORSHIP, FILTERING & CONTENT REGULATION
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au: Porn on way for mobiles
THE onslaught of internet porn may soon extend to
mobile phones, with at least one mobile carrier moving
to launch a range of adult services.
http://australianit.news.com.au/articles/0,7204,15785374%5e16123%5e%5enbv%5e,00.html
au: ACA sets phone porn rules
PHONE companies are banned from offering hard-core
porn services over mobiles through new regulations for
services carrying a premium price tag.
http://australianit.news.com.au/articles/0,7204,15778518%5e16123%5e%5enbv%5e,00.html
au: au: Porn banned from mobile phones (reg req'd)
The federal communications regulator has banned
hard-core pornography from mobile phones.
http://smh.com.au/news/technology/porn-banned-from-mobile-phones/2005/06/30/1119724730149.html
nz: 'Phone groomers' face prison
The Government says paedophiles who send cellphones to
children to lure them into sexual relationships are
liable for up to seven years' jail under laws which
took effect in May.
http://www.nzherald.co.nz/index.cfm?c_id=5&ObjectID=10333814
nz: Cellphone gifts lure children for sex
A child internet safety group is warning parents that
sexual predators may send their children pre-paid
cellphones in order to develop a relationship.
http://www.nzherald.co.nz/index.cfm?c_id=5&ObjectID=10333672
cn: Don't Mention Democracy, Microsoft Tells China Web
Users
Microsoft's new Chinese internet portal has banned the
words "democracy" and "freedom" from parts of its
website in an apparent effort to avoid offending
Beijing's political censors.
http://yaleglobal.yale.edu/display.article?id=5856
China Goes Undercover to Sway Opinion on the Internet
China has formed a special force of undercover online
commentators to try to sway public opinion on
controversial issues on the Internet, a newspaper said
on Thursday.
http://yaleglobal.yale.edu/display.article?id=5744
us: Online child porn poses local threat
As technology advances on almost a daily basis,
dangers are increasing at an alarming rate. Since
children are naturally attuned to computers and
technology, it's becoming imperative to keep a close
eye on what your children are doing online, area child
advocates say.
http://www.andalusiastarnews.com/articles/2005/06/30/news/556news.txt
us: Stalking troubles!
Cyber stalking is the latest net peril that has come
to light in the city: Blogging, e-diaries and on-line
profiles might have made life easier, but they have
also made it a lot more easier for someone to access
your personal life simply at the click of a mouse. The
latest news is the increase in the cases of
cyber-stalking in the city. Cyber-stalking, which is
simply an extension of the physical form of stalking,
is where the Internet is used to pursue, harass or
contact people in an unsolicited fashion.
http://timesofindia.indiatimes.com/articleshow/1154800.cms
us: Internet bullying hits home for teen
Life threw Molly Reddington a few curveballs this
school year, but she didn't expect a dose of
cyberworld cruelty to go with it.
http://boston.com/business/personaltech/articles/2005/06/30/internet_bullying_hits_home_for_teen/?rss_id=Boston+Globe+--+Business+News
us: Schools focus on modern bullying
School bullies can now be suspended for spreading
hurtful rumors on the Internet or taking embarrassing
cell phone photos, as well as physical attacks on
fellow students.
http://www.bradenton.com/mld/bradenton/news/local/12046459.htm
Eleven jailed in China's largest case of Internet
porn, paper says
Eleven people have been jailed for up to 12 years for
running an obscene website in China's largest case of
Internet pornography, a state newspaper said.
http://news.yahoo.com/news?tmpl=story&u=/afp/20050703/wl_asia_afp/chinainternetporn_050703093618
Malaysian anti-porn Internet laws criticised for
blocking health information
The Malaysian government's attempts to curb Internet
porn could also restrict access to important health
information such as how to prevent HIV/AIDS, a media
watchdog said.
http://news.yahoo.com/news?tmpl=story&u=/afp/20050629/tc_afp/healthaidsmalaysia_050629170214
jp: Government tightens control over harmful websites
Japan yesterday announced a crackdown on Internet
sites that spread information on group suicides,
bomb-making and other crimes following a homemade
explosives attack by a high school student.
http://asiamedia.ucla.edu/article.asp?parentid=26329
uk: Fines up for rogue internet firms
Fines for duping consumers into using premium rate
internet connections are to increase, the Department
of Trade and Industry has announced.
http://news.bbc.co.uk/2/hi/technology/4637573.stm
sy: Appeal to Arab League for online journalist jailed
two years in inhuman conditions
Reporters Without Borders, appalled at the harsh
prison conditions of Massud Hamed, who was jailed in
July 2003, has appealed to the Secretary General of
the Arab League, Amre Moussa, to intervene on his
behalf with the Syrian authorities.
http://www.rsf.org/article.php3?id_article=14233
in: Tighter cyber laws in India (reg req'd)
Stung by a recent scandal that rocked India's booming
business processing industry, the government on
Tuesday announced that it will tighten laws to prevent
cyber crime and ensure data secrecy, an official said.
http://smh.com.au/news/breaking/tighter-cyber-laws-in-india/2005/06/30/1119724702045.html
kr: Picture Trading Ban Irks Internet Users
A crackdown on the unauthorized posting of
celebrities? pictures in cyberspace has invited
criticism from Korean Web portals and netizens.
http://times.hankooki.com/lpage/biz/200506/kt2005062616574611910.htm
cn: Cyber-dissident Zhang Lin to go on trial for
posting articles online, including lyrics to a punk
song
RSF has protested against the seriousness of charges
laid against cyber-dissident Zhang Lin, whose in
camera trial is scheduled for 21 June 2005.
http://www.ifex.org/en/content/view/full/67459/
us: CHILD SAFETY IS MORE THAN A SLOGAN
?Stranger danger? - the phrase is so pervasive in our
culture that it has become part of the lexicon.
Well-intentioned adults perpetuate this misguided
message, and the media often uses it as a slogan. This
was never more evident than when an 11-year-old Boy
Scout was lost in the Utah wilderness for four days.
After the child was miraculously recovered, we learned
he hid from his rescuers because he was taught ?not to
talk to strangers.? The boy was actually afraid
someone ?would steal him.? This case and many others
clearly illustrate how literal children may be when
given a specific message. That?s why the National
Center for Missing & Exploited Children (NCMEC) has
never supported the ?stranger-danger? message,
especially because experience has shown us that most
children are actually taken by someone they know or
are familiar with.
http://www.missingkids.com/missingkids/servlet/NewsEventServlet?LanguageCountry=en_US&PageId=2034
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LEGAL AND SECURITY
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Terrorism and the Computer
Terrorist operations no longer need complicated
networks but can now be carried out by a handful of
people
http://yaleglobal.yale.edu/display.article?id=5626
us: Viruses, Security Issues Undermine Internet
E-mails were flooding in from all over the country.
Something strange was going on with the Internet,
alarmed computer users wrote. Google, eBay and other
big sites had suddenly disappeared. Kyle Haugsness
scanned the reports and entered crisis mode.
http://www.washingtonpost.com/wp-dyn/content/article/2005/06/25/AR2005062501284.html
us: Industry Groups Push For Cyber Crime Treaty
A cross-section of industry groups and individual
companies issued a letter to the United States Senate
Foreign Relations Committee today, urging ratification
of the Convention on Cybercrime adopted through the
Council of Europe.
http://www.internetnews.com/bus-news/article.php/3516731
us: Adult site sues Amazon over sexy images
Adult magazine publisher Perfect 10 is suing
Amazon.com, alleging that the e-tailer's search engine
is violating copyright law by displaying thousands of
images from its Web site without permission.
http://news.com.com/Adult+site+sues+Amazon+over+sexy+images/2100-1030_3-5772128.html
us: Teen girls help FBI nab cyber stalkers
At any given moment, authorities say, there are an
estimated 20,000 sexual predators online, trading
child pornography and using chat rooms to lure
unsuspecting young teenagers.
http://abcnews.go.com/WNT/story?id=889662
us: Calls increasing for safer, more-secure Internet
E-mails were flooding in from all over the country.
Something strange was going on with the Internet,
alarmed computer users wrote. Google, eBay and other
big sites had suddenly disappeared. Kyle Haugsness
scanned the reports and entered crisis mode.
http://seattletimes.nwsource.com/html/businesstechnology/2002349258_internet27.html
******
POLICY
******
us: New rules for online sex photographs on hold
Some gay male cruising sites received a temporary
reprieve June 23 from enforcement of expanded federal
regulations that, according to the Web sites,
seriously threatened the use of nude photos that are a
staple of their popularity.
http://www.washblade.com/2005/7-1/news/national/newrules.cfm
us: Attorney argues child porn evidence predates
antiporn laws
A man was ordered to stand trial on a charge of
possessing child pornography despite his attorney's
argument that he obtained a book containing pictures
of naked children before federal child pornography
laws were enacted.
http://www.phillyburbs.com/pb-dyn/news/103-07012005-509410.html
us: Sex Panic: New Justice Department Internet
Regulations
A controversy over sexy images has erupted between the
Justice Department and the adult-entertainment
industry, spilling over into websites that allow
people to post nude photos of themselves in online
personal ads, and causing one popular site to take
down its photos and alert its members, "Your civil
rights are under attack by the U.S. government!"
http://www.thestranger.com/seattle/Content?oid=22011
us: Attorney General Expands Internet Predator Task
Force
South Carolina's efforts to fight online sexual
predators are expected to get more assistance in the
coming months.
http://www.thecarolinachannel.com/news/4665107/detail.html
*****
SPAM
*****
us: Michigan Web site could shield kids from spam
Starting today, Michigan will offer the nation's first
child protection registry to stop Internet pornography
vendors from spamming minors with unsolicited X-rated
e-mail messages.
http://www.detnews.com/2005/politics/0507/03/A01-234431.htm
http://hosted.ap.org/dynamic/stories/E/E_MAIL_REGISTRY
us: Mich., Utah to launch e-mail registries
Two states are on the verge of trying to block porn
and other inappropriate messages sent to children
through e-mail, but critics question how the laws will
be enforced and predict they could have unintended
consequences.
http://www.siliconvalley.com/mld/siliconvalley/business/technology/12017244.htm
http://globetechnology.com/servlet/story/RTGAM.20050630.gtemailjun30/BNStory/Technology/
us: Time's up for spammer
Florida man faces three years in jail for millions of
unsolicited emails.
http://www.usatoday.com/tech/news/techpolicy/2005-06-30-spammer_x.htm
Spam-Mails können die Gesundheit fördern
Empfänger machten mehr Sport und nahmen ab
http://derstandard.at/?ressort=Spam
*****************************
INTERNET & NEW TECHNOLOGY USE
*****************************
Men blamed for spyware surge
Male workers are twice as likely as their female
colleagues to swap music files at work on a daily
basis, according to a new survey by censorware firm
Surfcontrol. The firm argues that because illicit
music and video files are increasingly used to spread
spyware and computer viruses that blokes are more
often the cause of workplace spyware infestations than
women.
http://www.theregister.com/2005/06/30/male_spyware_risk/
Internet Users Driving New Services on Web
The development of tagging systems is an example of
how Internet innovation is often coming first from
grass-roots experimenters rather than from traditional
Internet companies. "There is a lot of innovation
coming from the fringe," said Tim O'Reilly, chief
executive of O'Reilly Media, a publisher of computing
books.
http://ecommercetimes.com/story/GhCAAKk6TRyNEr/Internet-Users-Driving-New-Services-on-Web.xhtml
The Blurring Digital Divide
Developing countries are fast catching up with
developed nations in the use of IT
http://yaleglobal.yale.edu/display.article?id=5648
us: Use of web cams
One out of six American adult internet users (16%)
have gone online to view another person or a place via
a web cam.
http://www.pewinternet.org/PPF/r/159/report_display.asp
Presenting: The Global Networked Readiness in
Education Survey
Researched and written by Berkman fellows, Colin
Maclay and Geoffrey Kirkman, the Global Networked
Readiness in Education survey seeks to aid school
leaders and policymakers by helping them to examine
the role and effects of integrating information and
communication technologies (ICTs) into formal
learning. While educators and policymakers have
invested tremendous resources into preparing students
for a globalizing and technology-savvy world, they've
often done so with limited understanding of the
characteristics and impact of ICTs in education,
resulting in problems with planning, implementation
and measurement, and ultimately a techno-centric
approach to integrating ICT in learning. The survey
includes results from over 5000 surveys of students,
teachers, computer lab administrators and heads of
school in schools in Brazil, Costa Rica, El Salvador,
the Gambia, India (Karnataka), Jordan, Mexico, Panama,
the Philippines, South Africa, and Uganda. And the
findings of their research?
http://cyber.law.harvard.edu/home/home?wid=10&func=viewSubmission&sid=777
CONFERENCE: Teaching and Learning with Digital
Resources: Web-Wise 2005
Selected papers from the 6th annual conferenceon
Libraries and Museums in the Digital World (Feb 2005)
http://firstmonday.org/issues/issue10_6/index.html
EDEN Fifth Open Classroom Conference
The European Distance and E-Learning Network (EDEN),
in tight cooperation with Centre national
d'enseignement a distance (CNED) and the European
Experts' Network for Education and Technology (EENet)
is organising the Fifth Open Classroom Conference on
5-7 October 2005 in Poitiers, France. The conference
bears the title: Teachers' Professional Development,
addressing eLearning, Innovation & Quality in
Schooling, focusing on the ever-increasing needs of
teachers, that are imposed by the emerging e-learning
paradigms, the search for new, more effective school
structures and the broader challenges that societies
are facing in their way towards what has been
identified as the Knowledge Economy.
http://www.alis-online.org//Members/iamici/eden%20Conference
On Advertising: Brazilians lead the pack on the Web
Any soccer fan knows the best way to add creative
flair to a lackluster team: bring in a Brazilian. But
now the country's fancy footwork is gaining
recognition on another playing field: online
advertising.
http://iht.com/articles/2005/07/03/business/ad04.php
uk: Mobile giants court the internet
Mobiles phones and the internet are coming closer
together, with T-Mobile turning to Google and Vodafone
doing an instant messaging deal with Microsoft.
http://news.bbc.co.uk/1/hi/technology/4637289.stm
******************
ONLINE MUSIC & P2P
******************
GROKSTER AND THE FUTURE OF PEER-TO-PEER FILE SHARING
by Michael Geist
The release of the United States Supreme Court?s
Grokster decision this past Monday generated, as
expected, an avalanche of breathless headlines
proclaiming victory for the recording industry and a
?shutting of the tap? of music on peer-to-peer file
sharing systems. While the highest court in the U.S.
did indeed unanimously rule that two file sharing
services ? Grokster and Streamcast ? can be sued for
actively encouraging copyright infringement by their
users, the decision is not the clear cut win its
supporters suggest.
http://www.michaelgeist.ca/resc/html_bkup/june292005.html
Global raids target piracy gangs
Suspected internet pirates in 11 countries have been
raided in a global operation against illegal
distributors of movies, games and software.
http://news.bbc.co.uk/2/hi/technology/4640439.stm
Swedes curb rampant downloading
Sweden has outlawed the downloading of copyrighted
movies, games and music in an attempt to curb rampant
piracy.
http://news.bbc.co.uk/2/hi/technology/4642373.stm
http://hosted.ap.org/dynamic/stories/S/SWEDEN_ONLINE_PIRACY
http://globetechnology.com/servlet/story/RTGAM.20050701.wswedes01/BNStory/Technology/
us: BitTorrent next in P2P firing line
US content companies are riding high this week after
their courtroom victory over illicit file-sharing
networks, and the popular BitTorrent software may be
next in their crosshairs.
http://australianit.news.com.au/articles/0,7204,15787486%5e16123%5e%5enbv%5e,00.html
us: P2P users hit with music lawsuits
THE US record industry has filed a new series of
complaints against American users of peer-to-peer
software from Kazaa, Grokster and LimeWire.
http://australianit.news.com.au/articles/0,7204,15777007%5e16123%5e%5enbv%5e,00.html
************************
COMMENT, MICROSOFT & DEVELOPMENTS
************************
Net Pioneer Wants New Internet
One of the fathers of the internet wants to be a daddy
again. David Clark, who led the development of the
internet in the 1970s, is working with the National
Science Foundation on a plan for a whole new
infrastructure to replace today's global network.
http://www.wired.com/news/infostructure/0,1377,68004,00.html
Web Content by and for the Masses (reg req'd, free for
short period)
When Caterina Fake arrives at the end of a plane
flight, she snaps a photo of the baggage carousel with
her camera phone to assure her mother, who views the
photo on a Web page minutes later, that she has
traveled safely.
http://www.nytimes.com/2005/06/29/technology/29content.html
Google's mystique
Psst, there is news about Google, but don't tell
http://economist.com/business/displayStory.cfm?story_id=4135286
**********************************
ARRESTS/COURT CASES FOR CHILD PORN
**********************************
au: Sentencing submissions heard for man found with
sex images
A Sydney court has been told a man who pleaded guilty
to importing child pornography committed offences to
produce the photos and should be given a longer
sentence than most offenders.
http://abc.net.au/news/newsitems/200507/s1405286.htm
http://theaustralian.news.com.au/common/story_page/0,5744,15790096%255E1702,00.html
un: Unicef alarmed over rising trend of RP?s child
pornography
Over the escalating trend of child pornography in the
country using the Internet, United Nations Children
International Emergency Fund (Unicef) yesterday raised
its alarm level to a maximum.
http://www.tribune.net.ph/nation/20050701.nat01.html
uk: Pervert jailed over child rape images
AN Internet child pornographer who admitted he was "at
it again" to police sent to check on him was jailed
for three years.
http://www.belfasttelegraph.co.uk/news/story.jsp?story=650814
uk: Child porn doctor is jailed
A disgraced former doctor at Belfast's Royal Victoria
Hospital was today sentenced to 12 months imprisonment
for possessing over 3,000 horrific images of child
pornography.
http://www.belfasttelegraph.co.uk/news/story.jsp?story=650621
ca: Soldier nets jail time for child porn
A Canadian Forces aerospace engineering officer with
18 years of service was sentenced to six months in
jail Wednesday for possession of child pornography.
http://www.canada.com/hamilton/news/story.html?id=a6b84cf1-7a72-4bef-a666-8fb67db63bc9
za: Child pornography seized from cafe
In what is being hailed as a major blow against the
scourge of child pornography in the city, hundreds of
DVDs and CDs as well as computers apparently
containing degrading images and footage of naked
children were seized on Thursday from a Pretoria West
cafe.
http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=vn20050701074433631C157073
http://www.sabcnews.com/south_africa/crime1justice/0,2172,107472,00.html
us: Child porn sweep nets nothing locally
A statewide, multi-agency effort to find traders of
child pornography produced no arrests in the
Tri-County area.
http://www.hendersondispatch.com/articles/2005/07/01/news/news03.txt
us: Daleville man pleads guilty to child pornography
charges
A Daleville man is facing 15 to 40 years in federal
prison after pleading guilty to child pornography
related charges.
http://dothaneagle.com/servlet/Satellite?pagename=DEA/MGArticle/DEA_BasicArticle&c=MGArticle&cid=1031783614042
us: Marine charged with possessing child pornography
A Marine assigned to U.S. Central Command headquarters
was charged with possessing child pornography, after
he took two personal computers containing the images
to a retailer for repairs, police said.
http://www.palmbeachpost.com/state/content/gen/ap/FL_Marine_Child_Porn.html
us: LEHT man pleads guilty to child-pornography
charges
A Little Egg Harbor man arrested last year on charges
of downloading and possessing child pornography from
the Internet pleaded guilty to those charges Tuesday,
according to Assistant U.S. Attorney Hope Olds
http://www.pressofatlanticcity.com/news/ocean/070105CHILDPORNPLEA.cfm
us: Officer Facing Child Porn Charges Also Charged
With Peeping
Authorities say a 28-year-old police officer who was
previously charged with possessing child pornography
has been arrested for allegedly peeping into a window
at an apartment complex.
http://www.nbc10.com/news/4678621/detail.html
us: NRI doc imprisoned for possession of child
pornography
A former NRI doctor at Belfast's Royal Victoria
Hospital has been sentenced to 12-month imprisonment
for possessing over 3,000 images featuring child
pornography.
http://sify.com/news/fullstory.php?id=13886377
us: Suspect In Child Porn Case Charged With New Crimes
The suspect in an international child pornography
investigation is charged with crimes that allegedly
occurred in Central Florida.
http://news.yahoo.com/news?tmpl=story&u=/wesh/20050701/lo_wesh/2803662
us: Cop convicted for child porn gets probation
A former Monroe County sheriff's sergeant was
sentenced to 10 years probation and certified a
convicted sex offender in connection with child
pornography charges.
http://www.wrgb.com/news/regional/regional.asp?selection=article_36281
http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=/20050702/NEWS01/507020321
http://www.rochesterdandc.com/apps/pbcs.dll/article?AID=/20050701/NEWS01/507020306/
us: Cop charged with having child porn accused of
peeping
A Birdsboro police officer under suspension while he
faces child pornography charges was arrested Thursday
for peeping in bedroom windows of an apartment
complex.
http://www.pottstownmercury.com/site/news.cfm?newsid=14795885
http://www.timesleader.com/mld/timesleader/news/breaking_news/12043106.htm
us: Man Charged With Sex Assault, Child Pornography
A former Head Start program cook was arraigned on
Wednesday on charges of sexually assaulting a child
and possessing child pornography.
http://www.thewmurchannel.com/news/4665660/detail.html
us: Candidate charged in child porn
A Swedesboro council candidate distributed child
pornography online and sent a streaming video of
himself engaged in a sex act to an investigator he
thought was a 13-year-old girl, prosecutors alleged
Thursday.
http://www.courierpostonline.com/news/southjersey/m070105i.htm
us: Prosecution given deadline in child porn case
Citing the unacceptable lack of progress in a felony
child pornography case that's been in limbo for four
months against a former UVSC professor, a 4th District
Court judge gave the prosecution three weeks to
acquire and distribute the evidence to the defense or
she would entertain dismissing the charges.
http://www.harktheherald.com/modules.php?op=modload&name=News&file=article&sid=58619
us: Sussman guilty of child sex assault
Gordy Sussman, the Madison paddle sports pioneer, left
a Dane County courthouse in handcuffs early this
morning after a Dane County jury found him guilty on
two child sex assault charges and 16 counts of
possessing child pornography.
http://www.madison.com/wsj/home/local/index.php?ntid=45497
http://www.madison.com/tct/mad/local//index.php?ntid=45674
us: Marine Arrested on Child Porn Charges
Nine months after Tampa Police detectives seized Cody
L. Liberty's two laptop computers, they have arrested
him on 11 felony counts of possessing child
pornography.
http://newscenter.ninn.org/modules.php?name=News&file=article&sid=11637
http://news.tbo.com/news/MGBW3O0TLAE.html
http://www.gainesville.com/apps/pbcs.dll/article?AID=/20050701/APN/507010637
us: Man arrested on Texas porn charges
Jeffery Martel, who is wanted in Texas on child
pornography charges, was arrested yesterday after he
was found hiding in woods off Hooksett Road.
http://www.theunionleader.com/articles_showfast.html?article=57212
us: Man charged with possessing child pornography
State police have charged a Milford man with
downloading and copying computer photos and video
clips of young boys engaging in sex acts.
http://www.phillyburbs.com/pb-dyn/news/113-07012005-509499.html
us: Man held for trial on child porn charge
A Shaler man whose house was raided by police after
reports he had dumped children's underwear in an Ohio
garbage bin was held for trial Thursday on a charge of
possessing child pornography.
http://pittsburghlive.com/x/tribune-review/s_349212.html
us: Suspect In Child Porn Case Charged With New Crimes
The suspect in an international child pornography
investigation is charged with crimes that allegedly
occurred in Central Florida.
http://www.wesh.com/news/4672510/detail.html
us: Man Charged in Child Porn Case
A 55 year old man is facing felony charges after
police say he was spotted downloading child
pornography on a computer at the Blume Library at St.
Mary's University.
http://www.woai.com/news/local/story.aspx?content_id=B034DF72-0D7B-4D4E-B190-8ED0585111C3
us: LSU dean pleads not guilty to child porn charge
A former LSU associate dean charged with possessing
child pornography pleaded not guilty to all three
counts against him in federal court Wednesday.
http://www.slidellsentry.com/articles/2005/06/30/news/news07.txt
us: Police seize computer, Waverly man arrested
A Waverly man suspected of possession of child
pornography remained in jail June 27. The Lancaster
County Sheriff's Department arrested him four days
earlier following an investigation.
http://www.ralstonrecorder.com/site/tab9.cfm?newsid=14777817
us: Sex sting sentencing
A former Fort Hood soldier caught in a cyber "sting"
in Buda last summer has been convicted of two
attempted child sex crimes.
http://www.sanmarcosrecord.com/articles/2005/06/29/news/news3.txt
us: Man Charged With Sex Assault, Child Pornography
A former Head Start program cook was arraigned on
Wednesday on charges of sexually assaulting a child
and possessing child pornography.
http://www.thewmurchannel.com/news/4665660/detail.html
us: Army officer will serve eight years for child sex
crimes
A noncommissioned Army officer stationed at Fort Hood
near Killeen will spend the next eight years in jail
after being convicted Tuesday on two counts of child
sex crimes.
http://www.dailytexanonline.com/media/paper410/news/2005/06/29/TopStories/Army-Officer.Will.Serve.Eight.Years.For.Child.Sex.Crimes-959959.shtml
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(c) David Goldstein 2005
David Goldstein
address: 4/3 Abbott Street
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AUSTRALIA
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