general internet news - 31 October

[David Goldstein <goldstein_david@yahoo.com.au>]

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Nanyang Technological University, Singapore

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Internet in Asia blog:
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RESEARCH PAPERS
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The domination of the English language in the global
village: efforts to further develop the internet by
populating it with non-Latin-based languages by Molly
Torsen
THESIS: The several international governmental and
non-governmental organizations involved in the
development of IDNs should agree to cooperate on
technical and policy issues. Standardization in this
realm ? such as universal use of Unicode ? will
promote the adoption and implementation of IDNs by
registrars, increase their sales and put market
pressure on other application providers, such as
browsers, to support IDNs. It is imperative to avoid
fragmentation of this process so that the Internet
remains a globally-useful platform. Not only will
standardization be more convenient for Internet users,
but also for policymakers in realms such as
international intellectual property dispute
resolution.
 http://law.richmond.edu/jolt/v12i1/article2.pdf

Use of Copyright Content on the Internet:
Considerations on Excludability and Collective
Licensing by DANIEL J. GERVAIS [University of Ottawa]
Abstract: The Internet has been a catalyst for
problems latent within the copyright system.
Fundamentally, the question is to determine under what
circumstances should a copyright holder have a right
to exclude others from using her copyright work on the
Internet? ... After an analysis of the problems that
have emerged in trying to use copyright to exclude use
on the Internet, the Chapter suggests possible
solutions articulated along three types of use: those
that should be free; those that should be licensed
collectively (i.e., where the power to exclude is
replaced with a remuneration system accompanied by
standard conditions) and a small set of uses that can
be licensed transactionally. In suggesting a greater
role for collective (as opposed to individual)
licensing, the paper considers the introduction of an
Extended Repertoire System in Canada.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=816964

Clearing the Fog Surrounding Internet File Sharing? by
MICHAEL BEURSKENS [Heinrich-Heine-Universitaet
Duesseldorf]
Abstract: In its (in)famous decision against Grokster
and Streamcast the Supreme Court managed to sidestep
the fundamental issues of copyright in the information
age and focused on a generic bad faith standard and
ob-scure business models instead. This short article
provides an introduction to fundamental questions of
indirect liability for copyright infringement under US
law and follows the trail of decisions leading up to
the confusing Supreme Court opin-ion (including
Aimster and Napster). It analyzes the arguments made
and briefly discusses possible implica-tions for the
interest groups involved. The paper concludes that
file sharing is still a dubious, but not illegal
business and that all important questions remain open
even after the ruling. All parties involved can feel
both worried and assured by the decision, but no one
can claim a decisive victory (yet). The clear line
between the Consumer Electronics (and Software)
industry and the Entertainment business divides not
only the state of California, but the Supreme Court
bench as well.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=828447

The Withering Away of Property: The Rise of the
Internet Information Commons by JOHN CAHIR [Queen
Mary, University of London - Queen Mary Intellectual
Property Research Institute (QMIPRI) - Oxford Journal
of Legal Studies]
Abstract: The phenomenon of volunteer produced and
freely disseminated information is a significant
feature of the digitally networked environment.
Notwithstanding recent expansions of copyright law and
the development of rights management technology the
Internet remains a platform for the free distribution
of information and ideas. This article argues that,
contrary to the predictions of enclosure, a
flourishing commons exists in respect of information
that is communicated via the Internet. The commons,
however, remains a relatively under-theorized concept
in political and legal theory. This article explores
the meaning of 'the commons' and its relationship to
property and advances it as a useful explanatory tool
for describing free information environments in
cyberspace.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=815101

Minimum Contacts in a Borderless World: Voice over
Internet Protocol and the Coming Implosion of Personal
Jurisdiction Theory by DANIELLE K. CITRON [University
of Maryland - School of Law - U of Maryland Legal
Studies]
Abstract: Modern personal jurisdiction theory rests on
the twin pillars of state sovereignty and due process.
A non-resident's "minimum contacts" with a forum state
are treated as the equivalent of her territorial
presence in the state and hence justify a state's
exercise of sovereignty over her. At the same time,
the non-resident's "purposeful availment" of
opportunities within the state is seen as implying her
agreement to that state's jurisdiction in exchange for
the protection of its laws. This theory presumes that
a non-resident directs voice communications to known
places by dialing a telephone number's area code.
Voice over Internet Protocol (VoIP) and the borderless
communications of the twenty-first century belie this
assumption. Area codes will no longer reliably
correspond to known locations; individuals can call,
and do mischief in, a state without ever realizing
that they are contacting that state.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=819004

Mesh Networks: A Look at the Legal Future by JORDAN S.
HATCHER [University of Texas]
Abstract: This paper examines the legal and regulatory
implications of wireless mesh networking. Current
approaches to internet regulation focus on centralized
points of control, such as traditional ISPs. Following
the Lessig concept of code, wireless mesh networking
is a decentralized architecture, thus increasing the
difficulties of regulating internet behavior. Because
this new code enables different players to enter the
ISP game, this paper also looks at the regulatory
impact of two significant groups: community-based and
municipally-owned networks.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=814984

United States v. Councilman and the Scope of the
Wiretap Act:  Do Old Laws Cover New Technologies? by
Dorothy Higdon Murphy
Considerable litigation continues to surround the
Electronic Communications Privacy Act (?ECPA?) as
courts struggle to develop an understanding of how the
ECPA will accommodate advances in computer technology,
namely electronic communication. The ECPA, enacted by
Congress in 1986, consists of two titles. Title I,
commonly referred to as the Wiretap Act, pertains to
the interception of wire, oral, and electronic
communications. Title II, commonly referred to as the
Stored Communications Act (?SCA?), applies to stored
wire and electronic communication.

http://www.jolt.unc.edu/Vol6_I2/pdf/Murphy%204-23-05.pdf

http://www.jolt.unc.edu/Vol6_I2/html/Murphy%204-23-05.htm

Media Neutrality in the Digital Era: A Study of the
Peer-to-Peer File Sharing Issues by Tsai, Huei-ju
Copyright law always keeps pace with the development
of technology. In a digital world, the issues are the
following: Does the attitude toward the copyright in
the digital era differ from the attitude in the
traditional technology world, such as print, cassette
tapes, TV and radio? Is it appropriate to establish
regulations for new technology based on those of prior
technology?

http://jip.kentlaw.edu/art/volume%205/5%20Chi-Kent%20J%20Intell%20Prop%2046.doc

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CENSORSHIP, FILTERING & CONTENT REGULATION
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uk: MPs query Internet service providers over child
porn.
A report on BBC Radio 4's Today programme

http://www.bbc.co.uk/radio4/today/listenagain/ram/today0_childporn_20051026.ram

uk: Get Safe Online, net users urged
"Over half of the UK population have little or no
knowledge of how to use the internet safely,"
according to John Hutton, the minister for the Cabinet
Office in charge of e-government, "and most people are
unaware of what to do to make themselves secure".

http://technology.guardian.co.uk/online/security/story/0,14230,1602190,00.html

uk: Net users told to get safe online
Widespread ignorance about basic computer security is
putting millions of people at risk from net-savvy
criminals, a study suggests.
 http://news.bbc.co.uk/2/hi/technology/4378186.stm
 http://www.out-law.com/page-6271
 http://news.zdnet.co.uk/0,39020330,39233859,00.htm

UK launches major net security awareness campaign
A major UK government campaign to help consumers and
small businesses protect themselves from internet
security threats launches in the UK on Thursday. The
'Get Safe Online' campaign aims to arrest the growth
in computer security risks that threaten to slow down
the rise of ecommerce. The scheme - backed by the
launch of a www.getsafeonline.org website - aims to
help the public to become more "cyber-savvy" and to
consolidate net security information, which is
currently fragmented.

http://www.theregister.co.uk/2005/10/27/get_safe_online/

uk: Internet child porn block calls
Internet service providers have been urged to publicly
declare whether they block the use of websites
containing child pornography.

http://www.keralaonline.com/technews.asp?folder=Tech&file=8_911.xml
 http://www.out-law.com/page-6268

http://www.rogerdarlington.co.uk/commswatch/comments.php?id=2064_0_2_0_C

uk: Ten-minute Rule Bill to block child pornography
(news release)
Margaret Moran (MP for Luton South) has been
highlighting measures to block child pornography on
the internet in a Ten-minute Rule Bill. Her Bill is
intended to force companies to declare whether or not
they are using technology to block access to illegal
material.
 http://iwf.org.uk/media/news.143.htm

Singapore bans gay Web site, fines another
Singapore has banned an overseas-hosted gay Web site
after receiving complaints it was recruiting underage
boys for sex and nude pornography, and promoting a
promiscuous homosexual lifestyle.

hhttp://go.reuters.co.uk/newsArticle.jhtml?type=internetNews&storyID=10087463

http://www.bangkokpost.com/breaking_news/breakingnews.php?id=58296

http://news.com.com/Singapore+bans+gay+Web+site%2C+fines+another/2100-1028_3-5919671.html
 http://news.zdnet.com/2100-9588_22-5919671.html

http://www.int.iol.co.za/index.php?set_id=1&click_id=115&art_id=qw1130393701485B252

http://smh.com.au/news/breaking/singapore-bans-gay-website/2005/10/28/1130400335787.html

Third Singapore blogger pleads guilty
A 17-year-old Singaporean student has pleaded guilty
to sedition for posting anti-Muslim remarks on his
weblog in the third such case here, his lawyer said.

http://smh.com.au/news/breaking/third-singapore-blogger-pleads-guilty/2005/10/27/1130367986180.html

cn: 'Irrational' fear of revolution brings tighter
controls, says activist
The Chinese leadership has developed an "irrational
fear" of so-called colour revolutions, leading to a
tightening of controls over political freedom, human
rights activist John Kamm said yesterday.
 http://asiamedia.ucla.edu/article.asp?parentid=32426

fr: Gates pitches child protection tech to French
Bill Gates dropped into Paris this week to discuss
combating online child abuse with French ministers.
French interior minister Nicolas Sarkozy met the
Microsoft founder on Monday to hold talks1 on the
development of criminality on the net, child
pornography and the struggle against online
paedophilia.

http://www.theregister.co.uk/2005/10/27/ms_child_protection_pitch/

us: Program for parents: Internet safety
Ten-year old Shamair Gainey goes to Des Moines' Forest
Avenue Library almost every day after school to surf
the Internet. Frequently, he visits a professional
wrestling Web site. But if Shamair accidentally goes
to a site with a similar name, he'll find sex chats,
pornography and information about penis enlargement
pills.

http://desmoinesregister.com/apps/pbcs.dll/article?AID=/20051026/NEWS/510260377/1001

br: Call for press law repeal after arrest of website
editor
Reporters Without Borders protested today at the
arrest on 26 October of editor and commentator José de
Arimatéia Azevedo (photo), of the website Portal AZ in
Teresina (in the northern state of Piauí) and called
for repeal of the 1967 press offences law used to
arrest him.
 http://www.rsf.org/article.php3?id_article=15462

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LEGAL AND SECURITY
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Trading on someone else's name
The dust has only just settled over the battle for the
Gmail trademark. Now another company is claiming
ownership.

http://technology.guardian.co.uk/weekly/story/0,16376,1600899,00.html

'Sophisticated' eBay fraudsters jailed
Three Romanian fraudsters, believed to be a vital link
in a worldwide fraud scam carried out via Internet
auction house eBay, have been imprisoned in London.

http://www.int.iol.co.za/index.php?set_id=1&click_id=115&art_id=qw1130515560793B265

http://go.reuters.co.uk/newsArticle.jhtml?type=internetNews&storyID=10091809

http://www.theregister.co.uk/2005/10/28/ebay_scam_sentencing/

us: Groups head to court over wiretap rule for
Internet calls
A new federal regulation making it easier for law
enforcement to tap Internet phone calls is being
challenged in court.

http://www.siliconvalley.com/mld/siliconvalley/business/technology/12994312.htm

uk: Cybercrime laws aren't working, says minister
Jim Murphy, e-government minister, has admitted that
cybercrime laws are failing, but says the IT industry
hasn't communicated its concerns
 http://news.zdnet.co.uk/0,39020330,39234106,00.htm

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POLICY
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NZ net gambling a safe bet
New technology paving the way for online gaming in New
Zealand will be in place by mid-2006.

http://smh.com.au/news/breaking/nz-net-gambling-a-safe-bet/2005/10/26/1130285563171.html
 http://stuff.co.nz/stuff/0,2106,3455683a28,00.html

us: E-mail law upsets parents
Michigan's new law to protect children from viewing
pornography and other adult e-mail ads so far hasn't
done much of anything -- except irk parents.

http://www.freep.com/money/business/childads25e_20051025.htm

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INTERNET & NEW TECHNOLOGY USE
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CONFERENCE: 2nd International Conference on
Technology, Knowledge and Society - India, December
2005
The 2nd International Conference on Technology,
Knowledge and Society is to be held at the Fortune
Katriya Hotel, Hyderabad, India, from Monday 12th to
Thursday 15th December 2005, will address a range of
critically important themes in the various fields that
address the complex and subtle relationships between
technology, knowledge and society. Main speakers
include some of the leading thinkers in these areas,
as well as numerous paper, colloquium and workshop
presentations.
 http://t06.cgpublisher.com/

us: Net continues making inroads in usage
Home Internet usage hit 55 percent by 2003 propelling
a jump in online news and e-commerce, according to a
Census Bureau report released Thursday.

http://www.upi.com/Hi-Tech/view.php?StoryID=20051027-015130-6351r

us: Two-thirds of American adults go online and
one-third do not - Broadband adoption is creating a
new divide among internet users.
Sixty-eight percent of American adults, or about 137
million people, use the internet, up from 63% one year
ago. Thirty-two percent of American adults, or about
65 million people, do not go online, and it is not
always by choice. Certain groups continue to lag in
their internet adoption.

http://www.pewinternet.org/PPF/r/165/report_display.asp

US internet use rises as do fears
Data gathered by the US Census Bureau in 2003 shows
that 55% of Americans are connected from home, while
wealthier, more educated families are most likely of
all to use the internet.
 http://news.bbc.co.uk/2/hi/technology/4384482.stm

be: Belgian Internet Users: Broadband or Offline
A digital divide separates broadband users from those
who don't own PCs in Belgium. A survey released by the
Internet Service Providers Association Belgium (ISPA)
says the country's online population is just over two
million (2.09M) connections.

http://www.clickz.com/stats/sectors/geographics/article.php/3559946

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COMMENT, MICROSOFT & DEVELOPMENTS
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Microsoft Says Profit Rose 24% (reg req'd; free for
few days]
Microsoft rode a wave of global strength in the
personal computer market to report growth in profit
and sales in the first quarter of its 2006 fiscal
year.

http://www.nytimes.com/2005/10/28/technology/28soft.html

Microsoft threatens to withdraw Windows in S.Korea
Microsoft has threatened to withdraw its Windows
software from South Korea if the country's antitrust
agency orders it to unbundle its Instant Messenger and
Media Player from the operating system.

http://go.reuters.co.uk/newsArticle.jhtml?type=technologyNews&storyID=10085278

http://iht.com/articles/2005/10/28/business/windows.php

http://www.channelregister.co.uk/2005/10/28/ms_korea_pull/

Supercomputer doubles own record
The Blue Gene supercomputer breaks its record,
doubling the calculations it can do a second to 280.6
trillion.
 http://news.bbc.co.uk/2/hi/technology/4386404.stm

Gadget of the week: Energy-saving feature extends
laptop power
Laptops with big screens can be power-hungry,
especially if they're used for games and other
programs that push a computer to its limits.

http://iht.com/articles/2005/10/28/news/ptgadgets29.php

us: Google Wants to Dominate Madison Avenue, Too (reg
req'd; free for a few days)
This year Google will sell more advertising than any
newspaper chain, magazine publisher or television
network.

http://www.nytimes.com/2005/10/30/business/yourmoney/30google.html

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ARRESTS/COURT CASES FOR CHILD PORN
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uk: 'Child police' trap internet groomers
DETECTIVES posing as young girls on internet chatrooms
have caught five potential child molesters in the
first nationwide "grooming" crackdown ever carried out
by Scottish police, The Scotsman can reveal.
 http://news.scotsman.com/index.cfm?id=2163732005

se: Child pornography latest spam in Sweden
Spammers are attacking Internet users in Sweden,
flooding their e-mail boxes with child pornography.

http://www.upi.com/NewsTrack/view.php?StoryID=20051026-085152-4612r

de: Member of Internet child pornography ring handed
prison term
A leading member of a globally operating child
pornography network has been sentenced to three years
and six months in jail. At the same time the District
Court in Magdeburg ruled that the 29 year old be
committed to a mental hospital. As a member of an
Internet ring the defendant had purchased and
distributed on a large scale child pornography
material via the Internet.
 http://www.heise.de/english/newsticker/news/65532

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Sources include Quicklinks <http://qlinks.net/> and
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(c) David Goldstein 2005

David Goldstein
 address: 4/3 Abbott Street
             COOGEE NSW 2034
             AUSTRALIA
 email: Goldstein_David @yahoo.com.au
 phone: +61 418 228 605 - mobile; +61 2 9665 5773 - home


		
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