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----Original Message-----
From: [log in to unmask]
[mailto:[log in to unmask]]
Sent: 09 February 2006 00:44
To: [log in to unmask]
Subject: [the-filter] February 2006
<-- The Filter --> February 2006
Your regular dose of public-interest Internet news and commentary
from the Berkman Center for Internet & Society at Harvard Law School.
CONTENTS:
[0] From the Editor
[1] News
[2] Berkman Updates
[3] Community Talk
[4] Networked: Bookmarks, Webcasts, Podcasts, Tags, and Blogposts
[5] Community Links
[6] Upcoming Conferences
[7] Staying Connected
[8] Filter Facts
[0] FROM THE EDITOR
===================
Thank you for your ideas and suggestions. Thanks to high demand,
we've reinstated the popular conference section of the Filter (see
[5]). If you know of a conference that should be included in that
section, please send it to [log in to unmask] We've also
introduced a new feature, "Community Talk." If you've got a question
you'd like to ask of Berkman faculty and fellows, or if you've been
puzzling over a recent event and would like some clarification, just
send in your questions to [log in to unmask] One question
will be selected and addressed by Berkman fellows and faculty in the
next edition of the Filter. That's our new section [3]. And, as
always, if you have ideas for new features or if there are changes
you'd like to see made (or not!), just send me an email at
[log in to unmask] All feedback is welcome.
- Amanda Michel
[1] NEWS: A bit of what's going on, and where to read more
==========================================================
*** Google offers censored Chinese-language search service, Google.cn
***
Web users in China have been able to access English- and Chinese-
language search services at Google.com for several years, with the
exception of several weeks in November 2004 when China blocked
www.google.com. Chinese authorities have used filtering technologies
to block users in China from accessing Google's cache, as well as
Google News, and restrict users' searches by filtering for specific
banned keywords. Google did not censor its own search results, as the
system operated independently of Google at China's backbone level.
On January 25, 2006, Google launched Google.cn, a censored Chinese-
language search service, a policy shift which follows Yahoo! and
Microsoft's recent decisions to provide censored Internet services in
compliance with Chinese state censorship policies. Google informs its
users when their search results have been filtered - to date,
Microsoft and Yahoo!'s Chinese search services do not) - and provides
users with a link to the unfiltered Google.com home page. Since then
there has been tremendous debate over Google's policy change,
including a recent briefing on Capitol Hill and many stories in the
press.
The Berkman Center has a long history of researching and analyzing
issues concerning Internet filtering and censorship and, along with
other members of the university-based OpenNet Initiative, has
produced definitive reports on state-mandated Internet filtering in
China, the United Arab Emirates, Bahrain, Burma, Saudi Arabia,
Singapore, Tunisia, and Iran. The John D. and Catherine T. MacArthur
Foundation recently awarded $3 million to the Berkman Center and its
partners at the University of Toronto, Cambridge University, and
Oxford University to support their filtering research. The grant
will substantially expand ONI's overseas research operations and will
go toward developing technological tools to increase the frequency
and quality of its monitoring.
Learn more:
* ONI's report "Internet Filtering in China: 2004-2005": http://
www.opennetinitiative.net/studies/china/http://
www.opennetinitiative.net/studies/china/
* After Google's policy change was announced, ONI designed a tool to
help users understand how the results of Google.com and Google.cn
differ by simultaneously comparing search results: http://opennet.net/
google_china/
* John Palfrey and Berkman affiliate Nart Villeneuve recently
testified before the Congressional Human Rights Caucus in Washington,
DC regarding "Human Rights and the Internet - The People's Republic
of China." Chaired by Congressman Tim Ryan, the purpose of the
briefing was to inform lawmakers as they deliberate over relevant
legislative measures.
- John Palfrey's written testimony: http://blogs.law.harvard.edu/
palfrey/2006/02/01#a1058
- Nart Villeneuve's written testimony: http://ice.citizenlab.org/?
p=180#more-180
* Berkman fellow and former CNN Beijing and Tokyo Bureau Chief
Rebecca MacKinnon has written and spoken extensively on these issues.
- Rebecca MacKinnon's editorial, "China's Firewall on the Internet":
http://www.koreaherald.co.kr/SITE/data/html_dir/
2006/02/04/200602040003.asp
- Rebecca MacKinnon's blogpost, "Testing the Castrated Google":
http://rconversation.blogs.com/rconversation/2006/01/
testing_the_cas.html
*** Is A Neutral Net In Our Future? ***
By Berkman Fellow Susie Lindsay
Video-over-the-Internet is exploding. Gone are the days of iCraveTV,
a Canada-based upstart that created a business of re-broadcasting
television programming without the permission of the broadcaster. Now
Google has announced it is following in the footsteps of Apple and
will provide licensed video content for a fee. The behemoth companies
are not the only ones. Many small startups, like veoh.com,
brightcove.com, and akimbo.com, are attempting similar services.
Securing permission of the content holder clears these services of
copyright liability, but using the bandwidth provided by distribution
services such as Comcast, AT&T and Verizon may come at a price.
Edward E. Whitacre, Chairman and CEO of SBC Communications Inc., said
that SBC is not going to let companies use this space for free. The
Supreme Court''s decision in Brand-X and the subsequent FCC decisions
remove legal obstacles preventing the distributor from taking such
advantage. But if network neutrality - that is, allowing all
applications to battle equally for the attention of end users - is
the goal, how can we best achieve it?
On February 7, the U.S. Senate Committee on Commerce, Science &
Transportation met and discussed open access, broadband
discrimination and the future of innovation and content distribution
with Internet luminaries Lawrence Lessig and Vint Cerf. To listen to
their meeting, go here: http://commerce.senate.gov/
Public Knowledge.org has a resouce page devoted to net neutrality:
http://www.publicknowledge.org/issues
Read more:
* About iCraveTV: http://news.com.com/2100-1033-237450.html
* About Google Video: http://www.delawareonline.com/apps/pbcs.dll/
article?AID=/20060131/LIFE/601310313/-1/NEWS01
* Whitacre's statement: http://www.freepress.net/news/12125
*** Internet Governance and Privacy ***
By Berkman Fellow Wendy Seltzer
Ever since The New York Times broke the story in December that the
U.S. government is wiretapping its citizens' communications without
warrants, privacy has been in the spotlight. That light has
illuminated our expectations of privacy in overseas telephone calls
and emails. It has also reflected into still shadowy concerns about
the amount of information that we scatter around us in other day-to-
day activities of the electronic age. That concern hit its own flash
point a few weeks later, when Google refused a wide-ranging
government subpoena for records of searches performed through the
company's service.
The privacy interests at stake in these two cases differ
substantially. Government surveillance of private communications
triggers fears about government power to punish political opponents,
and of unchecked executive power when the administration bypasses
procedural and judicial oversight. Although the FISA courts have
granted almost every intercept request made of them, even that was
too much of a hurdle to this government's hunger for information.
The Google subpoenas, by contrast, seem unlikely to reveal much
private information. Yes, Google tracks much personally identifying
information, but the government has said that was not part of its
request, as it is not investigating individuals but assessing the
effectiveness of content filters (to fight constitutional challenges
to the Children's Online Protection Act). Nevertheless, the Google
fight (and the news that Microsoft, AOL, and Yahoo! responded to
similar subpoenas) has gotten wide play on the Internet. Is this
because more people see themselves typing medical queries into Google
than emailing friends in Afghanistan?
What both stories have in common is that the privacy risks come from
entrusting communications to third parties. In the digital age, we
need third-party telephone companies and ISPs to carry our phone
calls and emails, and third-party search engines to help us make
sense of the web's massed information. We should put corresponding
pressure on those intermediaries to keep our information private.
But in the face of government subpoenas and warrantless information
requests, that will not be enough. We also need the courts to
recognize what Google's users have clearly stated: our expectation of
privacy does not end when we give information to third parties
necessary to its communication - neither should the protections of
the Fourth Amendment.
[2] BERKMAN UPDATES: News from in and around the Center
=======================================================
*** Berkman Faculty Director and Harvard Law Professor Terry Fisher
and Berkman Fellows Urs Gasser and Paul Hoffert at OECD Digital
Content Conference ***
Last week, Terry Fisher, Urs Gasser and Paul Hoffert contributed to a
major policy conference of the OECD (Organization for Economic Co-
Operation and Development), titled "The Future Digital Economy:
Digital Content - Creation, Distribution and Access" in Rome.
Representatives of all stakeholders in the digital space and top
policy makers, including the Italian and South Koreans Minister of
Information and Technology,- discussed the policy implications of
changes in content production, distribution, and use associated with
the Internet. Among the hotly debated topics: the costs and benefits
of DRM, the quest for common standards, the shift from passive
receivers to active creators of digital content ("from amateurs to
amateurs"), and the question of global copyright enforcement regimes.
If you are interested in questions concerning digital media, please
check out the conference's "background reading," which includes
reports on music, scientific publishing, the online computer and
video game industry, and mobile content. Berkman's own Digital Media
Project Team was involved in the composition of the OECD Digital
Music study.
Read more:
* OECD background readings: http://www.oecd.org/document/
10/0,2340,en_21571361_35742275_35755658_1_1_1_1,00.html
* Video and audio archive: http://www.radioradicale.it/ (click on
media & ict on the left navigation bar)
* Urs Gasser's conference coverage: http://blogs.law.harvard.edu/
ugasser/2006/01/31#a647, http://blogs.law.harvard.edu/ugasser/
2006/01/31#a645, and http://blogs.law.harvard.edu/ugasser/
2006/01/31#a644
* Interview with Urs Gasser: http://www.nzz.ch/2006/01/30/eng/
article6418543.html
***Berkman Center and Partners Launch StopBadware.org, an anti-
spyware effort***
On January 25th, the Berkman Center, Oxford Internet Institute,
Consumer Reports WebWatch, and a number of corporate sponsors
launched the StopBadware.org initiative. StopBadware is a
"neighborhood watch" movement against a broad range of malicious
software. It is led by Berkman principals Prof. John Palfrey and
Prof. Jonathan Zittrain with the support of an impressive collection
of advisors and the sponsorship of Google, Lenovo, and Sun Microsystems.
StopBadware.org is currently in the process of collecting user
badware "horror" stories and building a technical community to
analyze research results. If you'd like to get involved, please go
here: http://www.stopbadware.org/home/action
Read more:
* Press release: http://cyber.law.harvard.edu/home/home?
func=viewSubmission&sid=911&wid=10
* About badware: http://www.stopbadware.org/home/help
* Draft badware guidelines: http://www.stopbadware.org/home/reports
* Prof. Zittrain's paper on the "Generative Internet": http://
papers.ssrn.com/sol3/papers.cfm?abstract_id=847124
*** Berkman Professors Offer Winter Semster Cyberlaw and Evidence
Classes ***
Approximately 100 lucky students attended classes in Cyberlaw,
offered by Prof. Jonathan Zittrain, and Evidence, offered by Prof.
Charles Nesson, during Harvard Law School's month-long winter
semester. Students were treated to guest appearances by luminaries in
the fields of cyberlaw and intellectual property, including former
HLS professor and Berkman affiliate Lawrence Lessig, former RIAA
director Hilary Rosen, EFF founder and Berkman fellow John Perry
Barlow, and HLS Visiting Professor Cass Sunstein. Rubin "Hurricane"
Carter discussed the importance of restorative justice in Jamaica at
a large, public event.
The cyberlaw and evidence classes were taught entirely in the
framework of the class wiki, available here: http://hcs.harvard.edu/
~cyberlaw/wiki/index.php/Cyberlaw
Read more:
* Class wiki: http://hcs.harvard.edu/~cyberlaw/wiki/index.php/Cyberlaw
* Press release: http://cyber.law.harvard.edu/home/home?
wid=10&func=viewSubmission&sid=887
* "Restorative Justice" event: http://cyber.law.harvard.edu/home/home?
wid=10&func=viewSubmission&sid=904
* Interview with Cass Sunstein: http://cyber.law.harvard.edu/home/
home?wid=10&func=viewSubmission&sid=906
[3] COMMUNITY TALK: Your questions and comments
===============================================
If you've got a question you'd like to ask of Berkman faculty and
fellows, or if you've been puzzling over a recent event and would
like some clarification, send in your questions to
[log in to unmask] by February 17. One question will be
selected and addressed by Berkman fellows and faculty in the next
edition of the Filter.
[4] NETWORKED: PAPERS, BOOKMARKS, WEBCASTS, PODCASTS, TAGS, AND
BLOGPOSTS
Links to Berkman conversations happening online
=======================================================================
=
*** Digital Media ***
VIDEO: Presentation on whether Google Book Search is protected by
Fair Use, Lawrence Lessig: http://www.lessig.org/blog/archives/
003292.shtml
ARTICLE: Creatives Face a Closed Net, Lawrence Lessig: http://
news.ft.com/cms/s/d55dfe52-77d2-11da-9670-0000779e2340.html
BLOGPOST: Legal Tags, "When The Internet is Less Than We Think",
Wendy Seltzer: http://wendy.seltzer.org/blog/archives/2006/01/03/
when_the_internet_is_less_free_than_we_think.html
*** Internet Governance ***
BLOGPOST: Wikipedia.de Controversy, Urs Gasser: http://
blogs.law.harvard.edu/ugasser/2006/01/20#a634
BLOGPOST: "The Internet - Freedom or Privilege?" David Isenberg:
http://isen.com/blog/2006/01/internet-freedom-or-privilege.html
*** Citizen Media ***
PODCAST: On Citizen Media, Dan Gillmor: http://cyber.law.harvard.edu/
home/uploads/439/902/dan_gillmor_010117.mp3
BLOGPOST Q&A: On MA's Open Document Format Decision and More, David
Berlind, C|Net Editor: http://cyber.law.harvard.edu/home/home?
wid=10&func=viewSubmission&sid=898
BLOGPOST: "Fact-based Ethics for Bloggers," David Weinberger: http://
www.hyperorg.com/blogger/mtarchive/factbased_ethics_for_bloggers.html
*** The Internet and Developing Countries ***
BLOGPOST: "Wireless for the Developing World", Ethan Zuckerman:
http://www.ethanzuckerman.com/blog/?p=348
*** The Internet and Politics ***
ARTICLE: "Back to the Oven? The Next Idea for Since Sliced Bread,"
Zephyr Teachout: http://www.personaldemocracy.com/node/806
[5] COMMUNITY LINKS: Featuring our affiliates and friends
=========================================================
Electronic Frontier Foundation, DeepLinks: "New Senate Broadcast Flag
Bill Would Freeze Fair Use": http://www.eff.org/deeplinks/archives/
004340.php
Public Knowledge and Empowering Creators Project, "Creators Primer -
So What ... About Copyright": http://www.publicknowledge.org/
resources/artists/so-what-about-copyright
Pew Internet and American Life Project, "The Strength of Internet
Ties": http://www.pewinternet.org/pdfs/PIP_Internet_ties.pdf
Creative Commons Media Kits: http://creativecommons.org/weblog/entry/
5763
Global Voices Daily Digests: http://cyber.law.harvard.edu/home/home?
wid=10&func=viewSubmission&sid=909
"The Net for Journalists: A practical guide to the Internet for
journalists in developing countries," UNESCO, Thomson Foundation,
Commonwealth Broadcasting Association: http://portal.unesco.org/ci/en/
ev.php-URL_ID=21010&URL_DO=DO_TOPIC&URL_SECTION=201.html
Oxford Internet Institute Webcasts: http://webcast.oii.ox.ac.uk/
PRX Youth Editorial Board, Generation PRX: http://generation.prx.org/
yeb.php
"Tell us your cell phone locking stories," Stanford Center for
Internet & Society: http://cyberlaw.stanford.edu/cellstory/
[6] UPCOMING CONFERENCES
========================
Note: If you know of a conference that should be included in this
section, please email both a url and conference name + date to
[log in to unmask]
*** February ***
* February 9-10: Who Can You Trust? Privacy and Security is
Everyone's Responsibility - Victoria, British Columbia, Canada,
http://www.rebootconference.com/privacy2006/
* February 11-14: e-Learning 2006 - Savannah, Georgia, http://
www.itcnetwork.org/elearning2006.htm
* February 15-16: Media and Identity in Asia - Sarawak, Malaysia,
http://mediaandidentity.curtin.edu.my/
* February 22: Public Wi-Fi: The Transformation to Wireless
Philadelphia - Online Seminar, http://www.xtalks.com/wifi1.ashx
* February 22-23: European e-ID Card Conference - Brussels, Belgium,
http://www.eema.org/
* February 26-28: IADIS International Conference: Web Based
Communities 2006 - San Sebastian, Spain, http://www.iadis.org/wbc2006/
* February 27-March 1: ECURE 2006: Preservation and Access for
Digital College and University Resources - Tempe, Arizona, http://
www.asu.edu/ecure/
*** March ***
Note: The deadline to submit a proposal to Wikimania '06 is March 30:
http://cfp.wikimania.wikimedia.org/
* March 6-7: The Digital Library and its Services - The British
Library, London, UK, http://www.ukoln.ac.uk/events/bl-jisc-
conference-2006/
* March 10-19: South by Southwest (SXSW) - Austin, Texas, http://
2006.sxsw.com/
* March 10-11: Scholarship and Libraries in Transition: A Dialogue
about the Impacts of Mass Digitization Projects - Ann Arbor,
Michigan, http://www.lib.umich.edu/mdp/symposium/
* March 22-25: Museums and the Web - Albuquerque, New Mexico, http://
www.archimuse.com/mw2006/index.html
* March 30-31: e-Crime Congress 2006 - London, UK, http://www.e-
crimecongress.org/ecrime2006/website.asp
[7] STAYING CONNECTED: How to find out about Berkman's weekly events
====================================================================
* Every Friday we feature the week's online blog conversations in the
Berkman Blog Buzz. If you would like to receive the Buzz via email,
please send an email to amichel AT cyber.law.harvard.edu with "Blog
Buzz subscribe" as the subject line. To take a look at last week's
Berkman Blog Buzz, go here: http://cyber.law.harvard.edu/home/home?
wid=10&func=viewSubmission&sid=914
* We webcast every Tuesday Luncheon Speakers event. Luncheon Series
events start at 12:30 pm Eastern Standard Time. The webcast link is
http://harmony.law.harvard.edu/luncheon.sdp We will also host an IRC
chat during the discussion - drop in and we'll take your questions
from there: irc://irc.freenode.net/berkman. The Berkman homepage
features next week's guest speakers every Thursday. Tune in!
* The Berkman Center sends out an events email every Wednesday. If
you'd like to be notified of upcoming events - virtual and otherwise
- please sign up by emailing amichel at cyber.law.harvard.edu.
* Future events are listed on the Berkman public calendar. It is
available here: https://cyber.law.harvard.edu/calendar/month.php
[6] FILTER FACTS
================
* Talk Back
Tell us what you think: send feedback and news announcements to
[log in to unmask]
* Subscription Info
Subscribe or Unsubscribe: http://cyber.law.harvard.edu/signup/
* About Us
The Filter is a publication of the Berkman Center at Harvard Law
School. Amanda Michel is the editor.
* Not a Copyright
This work is hereby released into the public domain. Please share it.
To read the public domain dedication, go here: http://
creativecommons.org/licenses/publicdomain
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