Governance Governance is a service that governments and other authoritative bodies perform Defined by Oran Young as “The establishment and operation of social institutions…capable of resolving conflicts, facilitating cooperation, or, more generally, alleviating collective action problems.”
International IntergovernmentalRegimes Defined as systems of rules, norms, procedures, and informal practices that constrain the behavior of governments of nation-states. International governance and international intergovernmental regimes are not the same because some international governance can occur with only minimal involvement of governments.
International Regimes for ICTs The Domain Name System E-Commerce Intellectual Property Rights and Digital Rights Management (DRM) Bridging the Digital Divide (e.g. the DOT Force) WSIS and the Internet Governance Forum
The Domain Name System Origins in the system administered by Jon Postel Postel regime generalized into the Internet Assigned Numbers Association (IANA) by the Internet Society IANA establishes ICANN in collusion with the US Department of Commerce ICANN comes under strong criticism for Commerce veto (EU; Milton Mueller)
DNS-Specific Issues Integrity of root server system Global Top-level domains vs. country domains Need to regulate registrar monopolies (Network Solutions/Verisign) or make registry industry more competitive Cyber squatting vs. trademark and brand-name protection of large firms (UDRP) .xxx domain dispute The Internet is for Porn video
E-Commerce GovernanceIssues Should there be policies to promote migration from bricks and mortar to bricks and clicks or just clicks? How is e-commerce to be regulated? Is there a geographic location where the transaction takes place (for taxation purposes) and if so what tax is to be charged?
Increased Focus on ProtectingIntellectual Property RIAA, MPAA attacks on file sharing Counterarguments by scholars about the negative aspects of overly ambitious “digital rights management”
Jar Jar Binks: The PhantomEdit Wikipedia story on it 2001 story in Salon.com Jay and Silent Bob on the Phantom Edit Initially George Lucas supported the phantom edit but then reversed himself
History of Copyright Act 1790 Congress passes copyright act 1830 Act expanded to published music 1856 Act extended to published plays 1870 Act extended to works of art. Library of Congress become clearing house. 1897 Act extended to public performances 1909 Act extended to reproductions (piano rolls) 1912 Motion pictures added 1976 Sound recordings and unpublished works 1980 Computer programs 1992 Audio Home Recording Act 1998 Copyright Term Extension Act
Copyright Term Extension Act of1988 The Copyright Act of 1976 set the term of copy as the life of the author plus 50 years for individuals and for the life of the author plus 70 years for corporations or 95 years after publication. The Copyright Term Extension Act of 1988 (sponsored by Sonny Bono) extended copyright terms in the US by 20 years to 95 years after publication. Also called “The Mickey Mouse Protection Act.” Rep. Sonny Bono (of Sonny and Cher fame)
Increasing Length ofCopyrights
Oswald the Lucky Rabbit andSteamboat Willie Oswald the Lucky Rabbit 1927 Steamboat Willie 1928 Disney worked on Oswald the Rabbit for Charles Mintz of Universal Studios. When he asked for more production money in 1928, Mintz reminded Disney that Universal owned the rights to Oswald the Rabbit. Disney quit and formed his own studio and never again lost control of his intellectual property.
More Recent IntellectualProperty Rights Legislation Digital Millennium Copyright Act (DMCA) of 1998 Inducing Infringement of Copyrights Act of 2004
Other DMCA provisions Limits on caching Prohibits links to DMCA-illegal material ISPs told to act expeditiously to block illegal content or activity Special leeway for libraries Compulsory licensing to webcasters with terms regulated by Library of Congress
File Sharing and Piracy Digital files unlike analog content suffers no loss in quality when copied Recording Industry and Movie Industry both worried about illegal copying of copyrighted content (which they call piracy) MP3s for audio files more vulnerable than video files because smaller in size, but video file sharing is already happening
Napster Shawn Fanning Sean Parker Founded in June 1999, Napster was one of the first systems to utilize a large- scale the peer to peer model of sharing files. Peer to peer (P2P) sharing occurs when computer networks when one Internet node shares files with another node The earliest peer to peer networks (e.g Napster) were client-server based: a central server tends to provide access to files that can be shared.
Metallica Suit against Napster Metallica discovered that a demo of their song ‘I Disappear’ had been circulating across the Napster network, even before it was released. This eventually led to the song being played on several radio stations across America, and also brought to Metallica’s attention, was that their entire back catalogue of studio material was also available. The band responded in 2000 by filing a lawsuit against Napster. Napster Bad video
Napster shuts down In November 1999, the RIAA filed suit against Napster for copyright infringement. The RIAA’s suit was successful and Napster had to close down in July 2001. By 2001, Napster had 26.4 Million users. British icons Radiohead alluded to Napster as helping their album “Kid A” debut at number 1 in America on the Billboard charts its debut week, something the English rockers had never come close to doing in America, for they had never even been in the top twenty.
Gnutella Networks New P2P client software that did not rely on a single server. Examples: Grokster, Kazaa, LimeWire, Morpheus, eDonkey and BearShare By June 2005, 1.8 million nodes By January 2006, 3 million nodes MGM filed suit against Grokster in 2003 Grokster shut down in Nov. 2005.
How BitTorrents WorkBitTorrent networks were evenmore decentralized than gnutellanetworks. Rather thandownloading a file from a singlesource server, the BitTorrentprotocol allowed users to join a"swarm" of hosts to downloadand upload from each othersimultaneously.
Bit Torrents Explained (continued)As you are downloading thisLed Zeppelin song, orwhatever you would like todownload, other users cansimultaneously download whatyou have completed of the LedZeppelin file even if it is notfully completed. When anotheruser is downloading a piece ofone of your files, you becomea seeder, essentially the placewhere the original file exists, orthe seed. Seeing as this is animportant concept, anotherdiagram illustrating a user’sdual nature within eachnetwork is necessary. Azureus, now called Vuze : Bittorrent Client
Recent Actions against BitTorrents By 2009, BitTorrent traffic accounted for 43-70 percent of all Internet traffic. Comcast throttles BitTorrent traffic on its network in 2008 (FCC intervenes to stop this). October 2010: U.S. District Count judge files an Injunction against Lime Wire, the company that operated LimeWire file sharing software. November 2010: Dept. of Homeland Security crackdown on Torrent-Finder.
The Pirate Bay and the PirateParty Founders of The Pirate Bay in Sweden found guilty of assisting with the violation of copyrights and sentenced to serve prison terms in 2009. The Pirate Party was founded in Sweden in 2006. It has become a model for the global International Pirate Movement. The party’s main goal is to reform patent and copyright laws.
Anti-Counterfeiting Trade Agreem(ACTA) Supported by the RIAA and the MPAA Would exist outside the WTO, WIPO and the UN Begun in 2006 Secret negotiations criticized Agreement signed October 2011 (by US) and in January 2012 (by EU) Video by Harold Feld European protests
Three Guiding Questions To what extent does the Internet media sector mimic the long-established patters of concentrated ownership in the broader print and broadcast media? To what extent has it altered the processes shaping a central area of media content: news production and distribution? What has been the effect of the phenomenon of file sharing, the rise of open-source software, and other intellectual property disputes? Chadwick, chap. 12, p. 289.
Concentration of Control
The Big Seven General Electric Walt Disney News Corporation TimeWarner Viacom CBS Bertelsmann
Film Studio Market Share,2009
Key Scholarly Works onMedia Concentration Ben Bagdikian, The Media Monopoly (6th edn. 2000) Eli Noam, Media Ownership and Concentration in America (2009) Robert McChesney, Rich Media, Poor Democracy (2000) Robert McChesney, The Political Economy of Media (2008)
Dealing with the GlobalDigital Divide
Okinawa Charter G8 agree to it in June-July 2000 at the Okinawa Summit Puts forth principal of inclusion: “..everyone everywhere should be enabled to participate in and no one should be excluded from the benefits of the global information society.” States G8 commitment to bridging the global digital divide Establishes the Digital Opportunity Task Force (DOTForce)
Four Areas of Action for DOTForce inOkinawa Charter Fostering policy, regulatory, and network readiness Improving connectivity, increasing access, and lowering costs Building human capacity Encouraging participation in global e- commerce and other e-Networks
7 DOTForce Teams National e-strategies Access and connectivity Human capacity building Entrepreneurship ICTs for health Local content and applications Global policy participation
Distinctive Features of DOT Force Multi-stakeholder representation G8 governments Private firms Non-profit 0rganizations International organizations Constitutes a response to criticisms voiced in Seattle and elsewhere (G8 led by Japan and Canada in 2000 and 2001)
DOT Force Results Final report, Report Card: Digital Opportunities for All, presented to the G8 in Canada at Kananaskis summit in June 2002 Variety of projects with a variety of funding sources begun (see Appendix II in paper) DOT Force formally ceased operations after the Kananaskis summit Hand off to UN ICT Task Force and the World Summit on the Information Society in 2003
World Summit on theInformation Society (WSIS)Direct follow-on to the DOT Force atthe United Nations Video about WSIS 2010 in GenevaTwo big meetingsGeneva 2003
Internet Governance Forum a multi-stakeholder forum for policy dialogue on issues of Internet governance. The establishment of the IGF was formally announced by the United Nations Secretary-General in July 2006 and it was first convened in October /November 2006. Video on cloud computing at IGF in Vilnius, 2010