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The Global Politics of Interoperability
Edited by Laura DeNardis

Openness is not a given on the Internet. Technical standards--the underlying architecture that enables interoperability among hardware and software from different manufacturers--increasingly control individual freedom and the pace of innovation in technology markets. Heated battles rage over the very definition of “openness” and what constitutes an open standard in information and communication technologies. In Opening Standards, experts from industry, academia, and public policy explore just what is at stake in these controversies, considering both economic and political implications of open standards. The book examines the effect of open standards on innovation, on the relationship between interoperability and public policy (and if government has a responsibility to promote open standards), and on intellectual property rights in standardization--an issue at the heart of current global controversies. Finally, Opening Standards recommends a framework for defining openness in twenty-first-century information infrastructures.
Contributors discuss such topics as how to reflect the public interest in the private standards-setting process; why open standards have a beneficial effect on competition and Internet freedom; the effects of intellectual property rights on standards openness; and how to define standard, open standard, and software interoperability.

We live in an interoperable world. Computer hardware and software products from different manufacturers can exchange data within local networks and around the world using the Internet. The competition enabled by this compatibility between devices has led to fast-paced innovation and prices low enough to allow ordinary users to command extraordinary computing capacity. In Interfaces on Trial 2.0, Jonathan Band and Masanobu Katoh investigate an often overlooked factor in the development of today’s interoperabilty: the evolution of copyright law. Because software is copyrightable, copyright law determines the rules for competition in the information technology industry. This book--a follow-up to Band and Katoh’s successful 1995 book Interfaces on Trial--examines the debates surrounding the use of copyright law to prevent competition and interoperability in the global software industry in the last fifteen years. Band and Katoh are longtime advocates for interoperable devices but present a reasoned view of contentious issues related to interoperability issues in the United States, the European Union, and the Pacific Rim[. They discuss such topics as the protectability of interface specifications, the permissibility of reverse engineering (and legislative and executive endorsement of pro-interoperability case law), the interoperability exception to the U.S. Digital Millennium Copyright Act and the interoperability cases decided under it, the enforceability of contractural restrictions on reverse engineering;] and recent legal developments affecting the future of interoperability, including those related to open source-software and software patents.

Resisting the Spread of Surveillance

Today, personal information is captured, processed, and disseminated in a bewildering variety of ways, and through increasingly sophisticated, miniaturized, and distributed technologies: identity cards, biometrics, video surveillance, the use of cookies and spyware by Web sites, data mining and profiling, and many others. In The Privacy Advocates, Colin Bennett analyzes the people and groups around the world who have risen to challenge the most intrusive surveillance practices by both government and corporations. Bennett describes a network of self-identified privacy advocates who have emerged from civil society—without official sanction and with few resources, but surprisingly influential.

A number of high-profile conflicts in recent years have brought this international advocacy movement more sharply into focus. Bennett is the first to examine privacy and surveillance not from a legal, political, or technical perspective but from the viewpoint of these independent activists who have found creative ways to affect policy and practice. Drawing on extensive interviews with key informants in the movement, he examines how they frame the issue and how they organize, who they are, and what strategies they use. He also presents a series of case studies that illustrate how effective their efforts have been, including conflicts over key-escrow encryption (which allows the government to read encrypted messages), online advertising through third-party cookies that track users across different Web sites, and online authentication mechanisms such as the short-lived Microsoft Passport. Finally, Bennett considers how the loose coalitions of the privacy network could develop into a more cohesive international social movement.

The Shaping of Power, Rights, and Rule in Cyberspace

Internet filtering, censorship of Web content, and online surveillance are increasing in scale, scope, and sophistication around the world, in democratic countries as well as in authoritarian states. The first generation of Internet controls consisted largely of building firewalls at key Internet gateways; China’s famous “Great Firewall of China” is one of the first national Internet filtering systems. Today the new tools for Internet controls that are emerging go beyond mere denial of information. These new techniques, which aim to normalize (or even legalize) Internet control, include targeted viruses and the strategically timed deployment of distributed denial-of-service (DDoS) attacks, surveillance at key points of the Internet’s infrastructure, take-down notices, stringent terms of usage policies, and national information shaping strategies. Access Controlled reports on this new normative terrain. The book, a project from the OpenNet Initiative (ONI), a collaboration of the Citizen Lab at the University of Toronto’s Munk Centre for International Studies, Harvard’s Berkman Center for Internet and Society, and the SecDev Group, offers six substantial chapters that analyze Internet control in both Western and Eastern Europe and a section of shorter regional reports and country profiles drawn from material gathered by the ONI around the world through a combination of technical interrogation and field research methods.

The Politics of Wiretapping and Encryption

Telecommunication has never been perfectly secure. The Cold War culture of recording devices in telephone receivers and bugged embassy offices has been succeeded by a post-9/11 world of NSA wiretaps and demands for data retention. Although the 1990s battle for individual and commercial freedom to use cryptography was won, growth in the use of cryptography has been slow. Meanwhile, regulations requiring that the computer and communication industries build spying into their systems for government convenience have increased rapidly. The application of the 1994 Communications Assistance for Law Enforcement Act has expanded beyond the intent of Congress to apply to voice over Internet Protocol (VoIP) and other modern data services; attempts are being made to require ISPs to retain their data for years in case the government wants it; and data mining techniques developed for commercial marketing applications are being applied to widespread surveillance of the population.

In Privacy on the Line, Whitfield Diffie and Susan Landau strip away the hype surrounding the policy debate over privacy to examine the national security, law enforcement, commercial, and civil liberties issues. They discuss the social function of privacy, how it underlies a democratic society, and what happens when it is lost. This updated and expanded edition revises their original—and prescient—discussions of both policy and technology in light of recent controversies over NSA spying and other government threats to communications privacy.

Copyright and the Shape of Digital Culture

While the public and the media have been distracted by the story of Napster, warnings about the evils of "piracy," and lawsuits by the recording and film industries, the enforcement of copyright law in the digital world has quietly shifted from regulating copying to regulating the design of technology. Lawmakers and commercial interests are pursuing what might be called a technical fix: instead of specifying what can and cannot be done legally with a copyrighted work, this new approach calls for the strategic use of encryption technologies to build standards of copyright directly into digital devices so that some uses are possible and others rendered impossible. In Wired Shut, Tarleton Gillespie examines this shift to "technical copy protection" and its profound political, economic, and cultural implications.Gillespie reveals that the real story is not the technological controls themselves but the political, economic, and cultural arrangements being put in place to make them work. He shows that this approach to digital copyright depends on new kinds of alliances among content and technology industries, legislators, regulators, and the courts, and is changing the relationship between law and technology in the process. The film and music industries, he claims, are deploying copyright in order to funnel digital culture into increasingly commercial patterns that threaten to undermine the democratic potential of a network society. In this broad context, Gillespie examines three recent controversies over digital copyright: the failed effort to develop copy protection for portable music players with the Strategic Digital Music Initiative (SDMI); the encryption system used in DVDs, and the film industry's legal response to the tools that challenged them; and the attempt by the FCC to mandate the "broadcast flag" copy protection system for digital television. In each, he argues that whether or not such technical constraints ever succeed, the political alignments required will profoundly shape the future of cultural expression in a digital age.

Information, Policy, and Power

As the informational state replaces the bureaucratic welfare state, control over information creation, processing, flows, and use has become the most effective form of power. In Change of State Sandra Braman examines the theoretical and practical ramifications of this "change of state." She looks at the ways in which governments are deliberate, explicit, and consistent in their use of information policy to exercise power, exploring not only such familiar topics as intellectual property rights and privacy but also areas in which policy is highly effective but little understood. Such lesser-known issues include hybrid citizenship, the use of "functionally equivalent borders" internally to allow exceptions to U.S. law, research funding, census methods, and network interconnection. Trends in information policy, argues Braman, both manifest and trigger change in the nature of governance itself.After laying the theoretical, conceptual, and historical foundations for understanding the informational state, Braman examines 20 information policy principles found in the U.S Constitution. She then explores the effects of U.S. information policy on the identity, structure, borders, and change processes of the state itself and on the individuals, communities, and organizations that make up the state. Looking across the breadth of the legal system, she presents current law as well as trends in and consequences of several information policy issues in each category affected.

Change of State introduces information policy on two levels, coupling discussions of specific contemporary problems with more abstract analysis drawing on social theory and empirical research as well as law. Most important, the book provides a way of understanding how information policy brings about the fundamental social changes that come with the transformation to the informational state.

International Perspectives on Policy and Power

The burgeoning use and transformative impact of global electronic networks are widely recognized to be defining features of contemporary world affairs. Less often noted has been the increasing importance of global governance arrangements in managing the many issues raised in such networks. This volume helps fill the gap by assessing some of the key international institutions pertaining to global telecommunications regulation and standardization, radio frequency spectrum, satellite systems, trade in services, electronic commerce, intellectual property, traditional mass media and Internet content, Internet names and numbers, cybercrime, privacy protection, and development. Eschewing technocratic approaches, the contributors offer empirically rich studies of the international power dynamics shaping these institutions. They devote particular attention to the roles and concerns of nondominant stakeholders, such as developing countries and civil society, and find that global governance often reinforces wider power disparities between and within nation-states. But at the same time, the contributors note, governance arrangements often provide nondominant stakeholders with the policy space needed to advance their interests more effectively. Each chapter concludes with a set of policy recommendations for the promotion of an open, dynamic, and more equitable networld order.

Contributors: Peng Hwa Ang, Jonathan D. Aronson, Byung-il Choi, Tracy Cohen, Peter F. Cowhey, William J. Drake, Henry Farrell, Rob Frieden, Alison Gillwald, Boutheina Guermazi, Cees J. Hamelink, Ian Hosein, Wolfgang Kleinwaechter, Don MacLean, Christopher May, Milton Mueller, John Richards, David Souter, Ernest Wilson III, Jisuk Woo.

The Practice and Policy of Global Internet Filtering

Many countries around the world block or filter Internet content, denying access to information that they deem too sensitive for ordinary citizens--most often about politics, but sometimes relating to sexuality, culture, or religion. Access Denied documents and analyzes Internet filtering practices in more than three dozen countries, offering the first rigorously conducted study of an accelerating trend. Internet filtering takes place in more than three dozen states worldwide, including many countries in Asia, the Middle East, and North Africa. Related Internet content-control mechanisms are also in place in Canada, the United States and a cluster of countries in Europe. Drawing on a just-completed survey of global Internet filtering undertaken by the OpenNet Initiative (a collaboration of the Berkman Center for Internet and Society at Harvard Law School, the Citizen Lab at the University of Toronto, the Oxford Internet Institute at Oxford University, and the University of Cambridge) and relying on work by regional experts and an extensive network of researchers, Access Denied examines the political, legal, social, and cultural contexts of Internet filtering in these states from a variety of perspectives. Chapters discuss the mechanisms and politics of Internet filtering, the strengths and limitations of the technology that powers it, the relevance of international law, ethical considerations for corporations that supply states with the tools for blocking and filtering, and the implications of Internet filtering for activist communities that increasingly rely on Internet technologies for communicating their missions. Reports on Internet content regulation in forty different countries follow, with each two-page country profile outlining the types of content blocked by category and documenting key findings. ContributorsRoss Anderson, Malcolm Birdling, Ronald Deibert, Robert Faris, Vesselina Haralampieva [as per Rob Faris], Steven Murdoch, Helmi Noman, John Palfrey, Rafal Rohozinski, Mary Rundle, Nart Villeneuve, Stephanie Wang, Jonathan Zittrain

The Internet, Society, and Participation

Just as education has promoted democracy and economic growth, the Internet has the potential to benefit society as a whole. Digital citizenship, or the ability to participate in society online, promotes social inclusion. But statistics show that significant segments of the population are still excluded from digital citizenship. The authors of this book define digital citizens as those who are online daily. By focusing on frequent use, they reconceptualize debates about the digital divide to include both the means and the skills to participate online. They offer new evidence (drawn from recent national opinion surveys and Current Population Surveys) that technology use matters for wages and income, and for civic engagement and voting. Digital Citizenship examines three aspects of participation in society online: economic opportunity, democratic participation, and inclusion in prevailing forms of communication. The authors find that Internet use at work increases wages, with less-educated and minority workers receiving the greatest benefit, and that Internet use is significantly related to political participation, especially among the young. The authors examine in detail the gaps in technological access among minorities and the poor and predict that this digital inequality is not likely to disappear in the near future. Public policy, they argue, must address educational and technological disparities if we are to achieve full participation and citizenship in the twenty-first century. Karen Mossberger is Associate Professor in the Graduate Program in Public Administration, College of Urban Planning and Public Affairs, University of Illinois at Chicago. Caroline J. Tolbert is Associate Professor in the Department of Political Science at the University of Iowa. She and Karen Mossberger are coauthors (with Mary Stansbury) of Virtual Inequality: Beyond the Digital Divide. Ramona S. McNeal is Visiting Assistant Professor in the Political Studies Department at the University of Illinois at Springfield.

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