From: [log in to unmask]: [log in to unmask]
Sent: 06/10/01 01:00
Subject: The Filter, No. 4.5
No. 4.5 <--The Filter--> 10.05.01
Your regular dose of public-interest Internet news and
commentary
from the Berkman Center for Internet & Society at
H a r v a r d L a w S c h o o l
CONTENTS:
[1] Quotable
[2] In the News
[3] Berkman News
[4] Dispatches
[5] Bookmarks
[6] Talk Back
[7] Subscription Info
[8] About Us
[9] Not a Copyright
-----------------------------------------
[1] QUOTABLE
================
"In the current context, when you ask that question you're going
to get that kind of response [...] I would say if you asked people,
'Should terrorist sympathizers have their toenails forcibly plucked
from their toes?', you would probably get something akin to that."
--James Zogby, president of the Arab-American Institute, reacting
to news that one third of New York residents polled by the Sienna
College Research Institute favor the establishment of internment
camps for "individuals who authorities identify as being
sympathetic to terrorist causes" (Newsday via Declan McCullagh's
politech list serve).
<http://politechbot.com/p-02560.html>
"Well, this privacy you're concerned about is largely an illusion [...]
All you have to give up is your illusions, not your privacy. Right
now you can go onto the Internet and get a credit report about your
neighbor and find out where your neighbor works, how much they
earn and if they had a late mortgage payment and tons of other
information."
--Oracle chairman and CEO Larry Ellison in the wake of the
September 11 terrorist attacks, explaining why there is no valid
privacy argument against the creation of a national identification
card system. Ellison's offer to provide the US government with the
software necessary for creating such a system "absolutely free"
has so far been rebuffed.
<http://www.siliconvalley.com/docs/news/svfront/ellsn092301.htm>
"It is not a wish list; it is a modest set of essential proposals."
--US Attorney General John Ashcroft, using an unfortunately
Swiftian turn of phrase to describe provisions he urged the House
Judiciary Committee to include in a draft for the new
Patriot anti-terrorist legislation (via Ditherati.com).
<http://www.theregister.co.uk/content/6/21854.html>
"A strange thing happened after the cold war ended: patriotism
all but disappeared from American politics. The right and the
left essentially offered a choice between hedonisms: tax cuts
or spending. No one asked for sacrifice; no one spoke of a common
purpose. Liberalism settled for irony and contempt, which
mobilize no one. [...]
Sept. 11 changed all that, instantly. That day a policeman
tried to help an investment banker who had fled the twin towers
and seemed to be in shock. 'I'm not in shock,' the banker replied.
'I like this state. I've never been more cognizant in my life.'"
--Excerpt from "Recapturing the Flag," an article by George
Packer published in The New York Times Magazine on September
30.
"What we're seeing isn't the death of irony. It's the death of apathy.
And thank f***ing God."
--John Krewson, writer for The Onion, the immensely popular
satirical newspaper and website.
<http://www.wired.com/news/conflict/0,2100,47155,00.html>
[2] IN THE NEWS
================
*Who Wants to Be a Patriot?: If there is one development that
best illustrates the core Internet policy debate emerging from
the September 11 terrorist attacks, it may be the House Judiciary
Committee's mark up and unanimous approval, Wednesday evening, of
the Patriot Act of 2001. The issue is how best to balance the
interests of national security and the protection of civil liberties.
The Patriot Act--which stands for "Provide Appropriate Tools
Required to Intercept and Obstruct Terrorism"--remains for
many a troubling answer. Although legislators removed or
revised some of the more worrisome aspects of earlier drafts--
including a provision that would have allowed for "indefinite"
detention of immigrant suspects--civil liberties groups including
the ACLU say the revisions do not go far enough. "Because of
the broad new powers to wiretap telephone and Internet
communications, the legislation weakens essential checks
and balances that the judicial branch has exercised over
law enforcement," said Laura Murphy, Director of the ACLU's
Washington National Office. "[O]ur fear is that the American
public will look back to this legislation and say, 'this is where we
crossed the line to a surveillance society.'"
<http://www.house.gov/judiciary/hr2975terrorismbill.pdf>
<http://www.wired.com/news/conflict/0,2100,47312,00.html>
<http://www.aclu.org/safeandfree/>
What effect might the Patriot Act have on ordinary citizens? For
an analysis of how its provisions could impact lawful immigrants'
lives, read Berkman Fellow Anita Ramasastry's Findlaw
article "Indefinite Detention Based Upon Suspicion" at the below
URL.
<http://writ.news.findlaw.com/commentary/20011005_ramasastry.html>
The House Judiciary Committee version of the Patriot Act
carries an automatic expiration date of December 31, 2003--a
"sunset" provision that was considered key to its bipartisan
approval. Yesterday, however, US Attorney General John
Ashcroft held a press conference at which he took a stand
against the provision, arguing that "No one can guarantee
that terrorism will sunset in two years." In addition, senior
members of the Senate Judiciary Committee reportedly released
outlines of a compromise bill that did not contain the sunset
provision.
<http://interactive.wsj.com/articles/SB1002230022128721040.htm>
(Registration required.)
What is the US government's legislative history with regard to
the treatment of citizens' civil liberties during wartime? Follow
the link below for Declan McCullagh's "Why Liberty Suffers in
Wartime," which provides a thoughtful overview.
<http://www.wired.com/news/conflict/0,2100,47051,00.html>
[3] BERKMAN NEWS
================
* ILAW, Winter 2002: Registration is now open for the Berkman
Center's Winter 2002 Internet Law Program of Instruction, the
central segment of which will take place in Singapore. Taught by
leading experts in the field, the program will address the most
controversial cyberlaw issues being debated by lawmakers, courts
and practitioners in the US and other countries. The program
is designed for a broad audience including professionals in law,
politics, business, journalism and education. It offers an optional
online instructional component in addition to the intensive, three-day
series of lectures and discussions January 2-4 in Singapore.
Follow the link below for further details, including syllabus
and registration information.
<http://cyber.law.harvard.edu/ilaw>
Questions regarding the Internet Law Program of Instruction
should be directed to: [log in to unmask]
* Berkman Center Welcomes New Fellows: Among the
Berkman Center's 2001-2002 fellows are five who have
just recently joined us. We are proud to welcome Justin
Chan, Rohan Kariyawasam, Don McGovern, Mark Patterson,
and Anita Ramasastry.
Justin Chan
Mr. Chan's research focuses on the evolution of rules in the
digital economy: how the economics of new technology compels
changes in the law. He is a former clerk to Singapore Supreme
Court Chief Justice Yong Pung How and has worked closely with
the Singapore Academy of Law, serving as project coordinator
for the Academy's Information Technology Law Immersion
Program 2001 and as Secretary to the Technology Law
Development Group, a cyberlaw think tank.
Rohan Kariyawasam
Mr. Kariyawasam's research interests include the interpretation
of World Trade Organization (WTO) rules relating to
telecommunications, Internet and broadcasting (including webcasting),
open access to electronic networks and services, and legal and
regulatory mechanisms to help reduce the digital divide between
the developed and developing worlds. He is a Fulbright scholar and
UK solicitor who has worked as a consultant for both the Media &
Communications Department at Clifford Chance, and for the
Telecommunications & Internet Department at Field Fisher
Waterhouse.
Don McGovern
Mr. McGovern comes to the Berkman Center from a post as the
World Wide R & D Manager in Hewlett Packard Operations (HPO).
Before joining HP, McGovern was vice president in Novell's
Operating System's Division. McGovern was a board director
of X/Open Company Limited, the Open Software Foundation (OSF),
and the X Consortium. While in residence, McGovern will head
research into the structure of a global, Net-based, open source
learning consortium.
Mark Patterson
Professor Patterson is an Associate Professor at Fordham
Law School, where he teaches Antitrust Law, Patent Law, and
Corporations. He has taught seminars in Competition and
Information and Law and Scientific Research, and in the spring
of 2002 he will be co-teaching a seminar in Technology and
Human Rights. Patterson's work at the Berkman Center focuses
on developing an antitrust analysis for the control and use of
information, particularly in electronic commerce.
Anita Ramasastry
Professor Ramasastry is the Associate Director of the Center
for Law, Commerce & Technology and Assistant Professor of
Law at the University of Washington School of Law in Seattle.
Her research and teaching areas include law and technology,
international commercial law and banking and payment systems.
At the Berkman Center, Ramasastry is researching "virtual"
protest, or hacktivism, including the use of rhetoric and metaphor
in the debate on activism.
To read more or view the full roster of 2001-2002 fellows, visit
the URL below:
<http://cyber.law.harvard.edu/people/fellows.html>
[4] DISPATCHES
================
This week we're featuring a brief selection of articles written
in the wake of the World Trade Center tragedy that have moved us,
informed us, or provoked us to think deeply. (We do not, of
course, necessarily espouse the viewpoints expressed by the
authors.)
"An Afghan-American Speaks," by Tamim Ansary
<http://www.salon.com/news/feature/2001/09/14/afghanistan/index.html>
"Access Denied," by Michael Isikoff and Daniel Klaidman
<http://www.msnbc.com/news/636610.asp>
"How the Terrorist Crisis Threatens Our Personal Liberties,"
by Dan Kennedy and Harvey Silvergate
<http://www.bostonphoenix.com/boston/news_features/top/features/document
s/
01839407.htm>
"Securing the Lines of a Wired Nation," by John Schwartz
<http://www.nytimes.com/2001/10/04/technology/circuits/04SECU.html>
[5] BOOKMARKS
================
* BNA Internet News
<http://ecommercecenter.bna.com/>
Website where you can sign up for Professor Michael Geist's
invaluable daily dispatch of summaries of breaking developments
in Internet law and policy.
* Snopes.com: "Rumors of War"
<http://www.snopes.com>
The urban legend debunkers at Snopes.com assess the veracity
of rumors spawned by the September 11 terrorist attacks.
* Families of Freedom Scholarship Fund
<http://www.familiesoffreedom.org/>
Website for the organization that administers the "Sept. 11 College
Fund," an initiative to raise scholarship funds, on behalf of higher
education, for the children and spouses of the victims of the World
Trade Center tragedy.
[6] TALK BACK
================
Comments? Questions? Opinions? Submissions? Send a letter to the editor
at
[log in to unmask]
[7] SUBSCRIPTION INFO
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[8] ABOUT US
================
Read The Filter online at
<http://cyber.law.harvard.edu/filter/>.
Who we are:
Editor: Donna Wentworth
Reporter: Cedar Pruitt
<http://cyber.law.harvard.edu/filter/about.html>
[9] NOT A COPYRIGHT
================
A publication of the Berkman Center for Internet & Society at Harvard
Law
School <http://cyber.law.harvard.edu>
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[cc] <http://cyber.law.harvard.edu/cc/cc.html>
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