Who controls the internet? by Jack Goldsmith and Tim Wu

Filtering of the net

UNlawful Internet gambling enforcement act

force search engines

piracy

ICANN's control by the US government

www.blockacountry.com

Psiphon and Tor

National governments have an array of techniques for controlling offshore internet communications

Block harms from abroad

Whose laws do i follow

The Ford Motor company must obey the varying safety and environment laws of the many countries in which it sells cars.

Yahoo case

Customer-France, Website Registered-USA, Website Mirrored-Stockholm

Will no longer promote hatred and violence.

a self governing cyberspace.

virtual community

restrictive measures over here cause more trouble than they prevent

rules

under 18 years of age

free access

no single organization controls any membership in the web, nor is there any centralized point from which individual sites or services can be blocked.

TCP/Ip protocol is the foundation of the internet we know.

neutral between applications

www,p2p

Territorial government is top-down

majority

practical implementation

international law

internet is a magnified reflection of the physical world.

John Postel

name servers are heirarchical

There can only be one website at www.barcelona.com. Should it be to the city of spain or Whit Stillman's comedy, the root authority decides.

Divesture of IP addresses is a common form of enforcement.

Network Solutions

ISoC Internet Society

Magaziner delivered a clear message> United States , not ISoc, CORE, or John Postel would decide the future of internet naming and numbering.

Show whoz the boss tactics

US would consider any unauthorized changes to the root file a criminal offence.

The most immediate and important difference reflected by borders is language.

personalized local need: physical goods delivered through net.

Information wants to be labeled , organized, and filtered so it can be discovered by its consumers.

http Tim Berners Lee

bandwidth Akamai infrastructure

Borderless flower delivery service makes no sense

Infosplit,Parekh's Digital Envoy, Quova, NetGeo.

No single database by itself suffices to identify the location of internet users.

Two places at once

Geo ID does not have to be perfect to be effective.

HavenCo

police:thief ratio

Often the law accepts small evasions because achieving perfect legal control, though possible, is too expensive.

Often governments control behaviour not individually, but collectively through intermediaries.

Intermediaries cannot be eliminated.

ISP

Government can achieve a large degree of contriol.

Search engines like google routinely block links because of possible governmental action.

online cigarettes vending no taxes.

voteauction

seizing the domain names.

physical arrest of individuals inside their borders.

Rich enough that they dont care fines.

Poor enough that they dont fear fines

To control lawbreaking, no need to catch every lawbreaker.

Costs of commiting crimes versus benefits.

Fear of punishment

mass disobedience

music filesharing

Every great technological innovation has the potential to lower the cost of voilating law.

Law has never been perfect. It succeeds by lowering the incidence of prohibited activities to an aceeptable degree.

Mixing gives no choice but to choose what it likes when it bans what it does'nt like.

XXX should neither be overlooked nor be overstated.

Internet enhances the ability to monitor the everyday activities of its citizens.

Internet is an unstoppable liberating force.

Domestic interest in foreign sites within China is low to begin with, because the sites dont focus on China and usually aren't written in Chinese. As a result the real centerpiece of China's system of information control is its internal controls.

South Korean model , mass investment in internet infrastructure.

China is doing what it can do to influence the network protocols of the future.

secret code- catch 22



File sharing ..Kazaa, Zenstorm, napster, Gnutella, Grokster,BitTorrent, iTunes

StreamCast balance between innovation and copyright protection.



The internet was a threat to the recording industry's business model.

Sound policy as well as history supports our consistence deference to Congress while major technological innovations alter the market for copyrighted materials.

Creative Destruction

Consumers are an easy target for government control.

It is hard to run a company that runs against the law.

iTunes deal with the recording industry , 99 cents per song.



eBay

online auction fraud

listed for sale, one unborn baby

sold his soul

full time security staff of 800 people

Perception: People are basically good/bad, until proved otherwise.

Human beings require "the terror of some power" to force them to behave.

ebay parnered with SquareTrade, a firm established in online mediation services.

Many disputes result from misundestanding that can be easily cleared up.

liability

The government has the power to arrest you, jail you or sometimes even kill you, if you do not obey and it may generally do so without fear of being punished itself.

eBay user's reputation

Government is not a benevolent trustee of public's interest, alwasys doing what is best. In reality, government os iften ugly and pathological.

Overprotect intellectual property rights and stifle innovation.

Executive and Judicial branches

open and free press

eBay paid $50 million for baazee.com.

Overly aggressive local laws can doom internet businesses as much as a failure to prosecute fraud.

Russia suffers from private harms gone unchecked: insecurity of private property, corporate fraud, a failed criminal law system, organized crime and oligarch dominated business, and ineffective respect for and enforcement of contract rights.

Difference on opinion in society exists.

People with different values disagree about the type of information they want tot receive.

When you choose a single rule for 6 million people, odds are that several billion or more will be unhappy with it.

Technologies of control

self control/decentralized control

Transnational activity

country company candidate

sky is falling rhetoric

FBI style human honey trap for Russian Ivanov by creating fictional American internet security firm called Invita.

counterhack

Governements are most effective at controlling offshore internet activity when they act through local intermediaries.

Examining every internet communication would be costly.

Criminal activity does not come labeled as such.

Time of crime.

Destroy the evidence

root - gTLD-NoU-ICANN

Decentralizing the sale and distribution of domain names resulted ina dramatic drop in the price of registration

European Union os today the effective sovereign ofglobal privacy law.

Obtaining consent.

Technology made easier across national borders.

For many people, most of the time, law's commands are irelevant.

most people's lives are dominated not by law but by social norms, morality and the market.

Power of places, nations and regions.

Human beings tend to cluster geographically.

Models of Control. China, USA, EU

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