Tagged with " intellectual property"
Please join us for this CIPR Research Lunch on Sept 17, 2014, featuring Dr. Christopher Terry (Journalism, Advertising and Media Studies). A light lunch will be provided.
Porn, Privacy, Copyright and Net Neutrality: Standing at the Digital Crossroads of Constitutive Choice
Dr. Christopher Terry
Lecturer, Journalism, Advertising and Media Studies, UW-Milwaukee
Wednesday, September 17, 2014
12:30 – 2:00pm
2025 E Newport Ave
Milwaukee, WI 53211
In The Creation of the Media: Political Origins of Modern Communications, sociologist Paul Starr developed a theory of “constitutive choice” to explain how the U.S. systems of mass communication had evolved differently from those of other countries. Starr explains that the design a country’s communication system is reflective of a society’s value system related to free speech, access to information, privacy and copyright. Just as with earlier systems of mass communication, as digital technology becomes a fundamental part of our media environment, we see three key issues arise-Privacy, Copyright and Net Neutrality. In terms of a media system, this is part and parcel of the constitutive choices we face in terms of the integration of the next generation of mass communication.\
Our digital media environment was shaped by the constitutive choices made in relationship to earlier communication systems but also by the changing of our traditional value system away from a citizen orientated perspective to one based in economics. Although the basic design of digital communications are reflective of the constitutive choices made for systems of communication as far back as the U.S. Postal System, the change in values away from citizen access has had a profound effect on how the system operates, the values it serves and the ways information is distributed.
The design of a system is reflective of its values, and with these changes, the dynamics, operation and design of our communication system have shifted substantially. Although policy researchers and other academics frequently discuss these changes as separate issues, the reality of modern issues of privacy and the ethics of mass data collection can be increasingly tied to the issues of surrounding digital copyright, access to information and net neutrality.
This project proposes that at the center of all of these issues, standing at the ethical crossroads between the choices we make in relationship to access to information, copyright and privacy in the digital age, is a significant series of intellectual property cases involving the illegal downloading of pornography. More than any other example, the nature of these cases illustrates the intersection between these essential values in the digital age. In terms of privacy, violators have been identified using an invasive tracking mechanism. In terms of net neutrality, internet service providers are using these cases as justification for throttling or content blocking. In terms of copyright, the constitutional premise of copyright to stimulate and enhance has been replaced by a desire to use existing copyright law as a way to coerce financial settlements by threatening to expose serial downloaders. These collective changes are setting a dangerous precedent that undermines our system of communication and the role it plays in a democratic society. Pornography has replaced political speech as non-governmental entities control our access to information.
This paper combines historical, legal and policy research to trace the significant changes in terms of ethics, law, content distribution, our value system and constitutive choice to illustrate that the time to rethink and reevaluate our priorities is now.
SOIS PhD student, Jeremy Mauger, provides the following review of The Digital Rights Movement: The Role of Technology in Subverting Digital Copyright, by Hector Postigo.
The Digital Rights Movement: The Role of Technology in Subverting Digital Copyright. Hector Postigo. Cambridge, MA: The MIT Press, 2012.
Hector Postigo’s new book is a thoughtful investigation of a handful of the activist (and hacktivist) movements that have sprung up in response to passage of the 1998 Digital Millennium Copyright Act (DMCA). Grounded in the work of legal scholars including Jessica Litman, James Boyle, Lawrence Lessig and others, Postigo provides a sound narrative which details formulation of the DMCA and how it was captured by and designed to codify into law the interests of content producers including the Motion Picture Association of America and the Recording Industry Association of America. In particular, the author provides an engaging description of one of the most controversial portions of the DMCA – Section 1201(a) and (b) or the “anticircumvention provision.” Based on this and other stifling restrictions embedded in the DMCA, the author explores themes such as the meaning of fair use and related legal concepts, technology as enforcement, resistance through technology, and user agency and technology. Within these broad themes and in the context of a primarily historical analysis, the author posits the existence of a coherent, albeit reactionary, digital rights movement which has frequently coalesced around complications associated with enforcement of the DMCA in general and the anticircumvention provision in particular.
Using a series of case studies, the book outlines the reaction of various “social movement organizations” to the problems which have manifested in application of the law. These cases range across examples such as the notorious arrest and trial of Russian coder Dmitry Skylarov for his hack of Adobe’s eBook encryption; the myriad issues surrounding the exploitation of flaws inherent in the Content Scrambling System (CSS) embedded in DVDs; and the arms race which followed the release of iTunes including the subsequent efforts of Apple to secure digital copyright behind the walls of increasingly complex digital rights management (DRM) systems and of hackers to manipulate those systems in order to exercise fair use. Through all of these examples, this book is an exploration of the rights which have been limited by modern copyright restrictions, the technological systems which accompany these restrictions, and the efforts to re-take those rights through means both legal and otherwise.
Whatever the method, these movements have relied heavily on technological systems to realize their goals and this, in the author’s view, is most telling of all. Using the foundation provided by Langdon Winner and Richard Sclove, Postigo argues that click-through license agreements, terms of service and, most notably, DRM technologies have a distinctly political cast which has come to define how users can (and cannot) engage with rights such as fair use. In the face of these technical systems, individual rights have been eroded and democracy, in a very meaningful sense, has been weakened. However, as the book describes so well, these same systems can be the best tool for empowering “the movement and individuals within it beyond what has traditionally been possible.” Through hacking, decryption and clever manipulation of the code which defines DRM itself, digital rights movements have, in many instances, successfully re-appropriated the rights which have, quite literally, been locked away by copy-protection technology.
Postigo makes his case well and the choice of case studies vividly illustrates his key suppositions. However, as the reader, it is difficult to join in the conclusion that there is one all-encompassing program which coheres under the label “digital rights movement.” While individual hackers, activists and even activist groups have mobilized in response to specific and egregious instances of abuse precipitated by the DMCA, it is perhaps more accurate to describe these as a collection of movements which can loosely be assembled under the broad umbrella of digital rights more generally. Although specific organizations such as the Electronic Frontier Foundation, Creative Commons, Global Internet Liberty Campaign, Copyfight and others are actively engaging issues related to digital copyright and have complementary goals, it is difficult, in my opinion, to comprehend them as one unified and concerted movement. It may be more accurate to think of the tactics of individual actors, empowered by technology, as the foundation of more cooperative action.
This is the most powerful idea conveyed by the book – that technology empowers the individual in a historically and politically unprecedented manner. As the author persuasively suggests,
“[T]he practice of designing and distributing technologies that may, for example, circumvent copy-protection measures or work around existing paradigms for content distribution can be carried out by individuals and is not limited to organizations (a point that in itself is significant). So where once these kinds of impactful tactics would require large organizational resources, the possibility that a lone hacker can release a powerfully disruptive technology that is potentially widely adopted decenters the social movement organization (SMO) as a keystone for powerful collective action. More important, however, the material presence of such technologies realizes the world they seek.”
Jeremy Mauger is a doctoral candidate in information policy at the School of Information Studies, University of Wisconsin-Milwaukee and a research assistant at the Center for Information Policy Research.
Note: Liza Barry-Kessler’s presentation has been moved to a special SOIS Barriers to Access brown bag lunch on November 7. Details to follow.
Two members of the SOIS community will be participating in the 13th annual Internet Research conference in Salford, UK hosted by the Association of Internet Researchers (AoIR). The Center for Information Policy Research (CIPR) is pleased to provide an opportunity to preview their research presentations on Monday, October 15, 2012, 12:30-2:00pm in NWQ-B 3511 (bring your own lunch).
There will be two short presentations:
“A Chocolate Allergy Curse or a Cease and Desist Order?: Handicrafters’ Responses to Intellectual Property Issues”
Dr. Nadine Kozak, Assistant Professor, SOIS
This paper examines the conflict between handicraft bloggers and large corporations who use the crafters’ designs without remuneration or consent, the claims each group makes about taking someone’s ideas, and the issues this raises about the larger questions of morality, copyright, and intellectual property.
“Internet Filtering in Denmark: The Case of Pirate Bay”
Jeremy Mauger, PhD Candidate, SOIS
This paper argues that the filtering of Pirate Bay by the Danish government has implications beyond those of simple economics and copyright protection, rising to the level of unconstitutional restriction of protected political speech.
CIPR holds informal research lunches (bring your own lunch) a few times each semester, to provide a space for UW-M faculty, students, staff, and friends interested in information policy and ethics (conceived of broadly) to share research — both finished and in progress. If you’d like to schedule a time to present, please contact Michael Zimmer at email@example.com
[This presentation has been moved to November 7. Details to follow]
“Queering Copyright: How lack of copyright protection for recipes both frustrates and benefits food bloggers”
Liza Barry-Kessler, PhD Student, SOIS
This paper critiques the exclusion of recipes from copyright protection, in particular as this affects food bloggers, through the lenses of feminist and queer theory.