[email_address] Reboot11 – 25-26 june 2009 Copenhagen

Me and IT before Italian Left handed Libra Devil is in the details (paranoid) Curious Enthusiast after Global Left handed AND right handed Libra God is in the details (paranoia is a virtue) Frustrated Enthusiast and law professional

before

Italian

Left handed

Libra

Devil is in the details (paranoid)

Curious

Enthusiast

after

Global

Left handed AND right handed

Libra

God is in the details (paranoia is a virtue)

Frustrated

Enthusiast and law professional

Overview How do laws regarding IT are created? A quick case study Do people have a role in the law making regarding IT? A quick overview about something that is happening right now

How do laws regarding IT are created? A quick case study

Do people have a role in the law making regarding IT?

A quick overview about something that is happening right now

Case study: how a technology-related law is born Software protection: zeitgeist 1964: first time ever copyright protection granted for software (US Copyright office) 1968: first time ever hardware and software had to be sold separately (USA Anti Trust lawsuit against IBM) 1969: fist law ever to mention software: France, denies patent protection applies but does not say what protection 1980: personal computers, end users licenses: Copyright protection for software becomes law in USA 1994: TRIPS Agreements: copyright protection has to apply to software

Software protection: zeitgeist

1964: first time ever copyright protection granted for software (US Copyright office)

1968: first time ever hardware and software had to be sold separately (USA Anti Trust lawsuit against IBM)

1969: fist law ever to mention software: France, denies patent protection applies but does not say what protection

1980: personal computers, end users licenses: Copyright protection for software becomes law in USA

1994: TRIPS Agreements: copyright protection has to apply to software

A simple way to put it

Crucial factor: what people in the business do and how they react sometimes matters

Law and technology: watchdog Child pornography Copyright Freedom of expression Privacy Computer crimes/ computer related crimes Consumer’s rights Net neutrality/ right to access

Child pornography

Copyright

Freedom of expression

Privacy

Computer crimes/ computer related crimes

Consumer’s rights

Net neutrality/ right to access

Three points Crime repression: need to increase international cooperation to catch criminals -> governments have self evident problems to put a law in force Filtering content is not effective: the only way is to put down the Internet for a whole Nation Right to expression and Internet: a new human right?

Crime repression: need to increase international cooperation to catch criminals -> governments have self evident problems to put a law in force

Filtering content is not effective: the only way is to put down the Internet for a whole Nation

Right to expression and Internet: a new human right?

Freedom to expression Freedom of opinion Freedom of media Freedom to be informed (European Convention Human Rights, at. 10, Carter of Fundamental Rights of the European Union, art. 11) Fight and prevention of crime

Freedom of opinion

Freedom of media

Freedom to be informed

(European Convention Human Rights, at. 10, Carter of Fundamental Rights of the European Union, art. 11)

Fight and prevention of crime

The Iran effect:history in the making? 12 june: elections. Population angst spreads against the results of elections deemed to be fake. 13 june: content in Iran becomes more filtered than before (notably video and emails and most form of interactive communication) 16 june: The US government asked Twitter to delay maintenance plans in order to allow Iranians to communicate while their government banned other media following elections Now: people setting proxies to allow Iranian people to go on using Internet. Foreign governments and UN are officially staying out of the situation.

12 june: elections. Population angst spreads against the results of elections deemed to be fake.

13 june: content in Iran becomes more filtered than before (notably video and emails and most form of interactive communication)

16 june: The US government asked Twitter to delay maintenance plans in order to allow Iranians to communicate while their government banned other media following elections

Now: people setting proxies to allow Iranian people to go on using Internet. Foreign governments and UN are officially staying out of the situation.

Proxies Source: www.renesys.com

Proxies Source: www.renesys.com

Much to do about noting! Software and tools are used to communicate in Iran and from Iran to the rest of the world -> more effective than traditional media Many governments use filters for political purposeas: Guatemala, Moldavia, Burma, Saudi Arabia, China etc. Note that filtering sysyems are common in western countries too (libraries in USA, child pornography in northern europe and Italy, policies on the workplace etc) Governments are for the moment avoiding a role in Iran situation but a private company has been asked to delay maintenance: crucial role. Is this influence over a state sovereignty? Google and Youtube: public advocacy Users: public advocacy Tools are from USA, the company is private and subject to US law BUT anyone can change API and use technology as od their needs: code is the law .

Software and tools are used to communicate in Iran and from Iran to the rest of the world -> more effective than traditional media

Many governments use filters for political purposeas: Guatemala, Moldavia, Burma, Saudi Arabia, China etc.

Note that filtering sysyems are common in western countries too (libraries in USA, child pornography in northern europe and Italy, policies on the workplace etc)

Governments are for the moment avoiding a role in Iran situation but a private company has been asked to delay maintenance: crucial role. Is this influence over a state sovereignty?

Google and Youtube: public advocacy

Users: public advocacy

Tools are from USA, the company is private and subject to US law BUT anyone can change API and use technology as od their needs: code is the law .

Open questions towards a worldwide free web Peace keeping – peace building: freedom to access to the web and right to information has been deemed in principle as one of the main elements of an established democracy. Giving access to filtered/censored states: three critical points. 1. State sovereignity 2. the chilling effect 3. crime repression and filtering Something new may come: people are acknowledging the right to self determination to other people

Peace keeping – peace building: freedom to access to the web and right to information has been deemed in principle as one of the main elements of an established democracy.

Giving access to filtered/censored states: three critical points. 1. State sovereignity 2. the chilling effect 3. crime repression and filtering

Something new may come: people are acknowledging the right to self determination to other people

future Protect free access at least as free press, promote an international agreement that will deem filters and censorship as a violation of human rights

Protect free access at least as free press, promote an international agreement that will deem filters and censorship as a violation of human rights

Thanks [email_address] http://www.linkedin.com/in/berlingieri http://elvlog.wordpress.com/

[email_address]

http://www.linkedin.com/in/berlingieri

http://elvlog.wordpress.com/