<-- The Filter --> February 2006

February 9, 2005
No. 8.02< -- The Filter -- > February 2006

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 filter@cyber.harvard.edu. 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 filter@cyber.harvard.edu.  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  filter@cyber.harvard.edu.  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/006/02/04/200602040003.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/6...
* 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...
* 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.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.harvard.edu/home/homewid=10&func=viewSubmission&sid=887>
* "Restorative Justice" event: <http://cyber.harvard.edu/home/homewid=10&func=viewSubmission&sid=904>
* Interview with Cass Sunstein: <http://cyber.harvard.edu/home/homewid=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  filter@cyber.harvard.edu 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_l...


*** 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.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.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....


*** 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.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_S...

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  filter@cyber.harvard.edu.

*** 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.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.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: i<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.harvard.edu.

* Future events are listed on the Berkman public calendar. It is  available here: <https://cyber.harvard.edu/calendar/month.php>



[6] FILTER FACTS
================

* Talk Back
Tell us what you think: send feedback and news announcements to  filter@cyber.harvard.edu.

* Subscription Info
Subscribe or Unsubscribe: <http://cyber.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>

Last updated

January 16, 2008