1. Copyright, 1995-2004 1 Issues from Internet Technologies 4 – Counter-Attacks by the Powerful Roger Clarke, Xamax Consultancy, Canberra Visiting Prof/Fellow, Unis of N.S.W., Hong Kong, A.N.U. http://www.anu.edu.au/people/Roger.Clarke/........ II/CCCS-4-CAP.ppt UofQ CCCS, 6 December 2004

2. Copyright, 1995-2004 2 Counter-Attacks by the Powerful Agenda Copyright Expansionism Digital Rights Management ___________________________ Identification, Location and Tracking, of Devices, of People IP v6.6.6

3. Copyright, 1995-2004 3 Whats Different about Copyright Objects Now, and in the Future Digital not physical / Bits not atoms Copying is intrinsic to transmission Copying is performed by the consumer => Consumers now need a copyright licence Copies for personal use are indistinguishable from copies for re-sale, and copies for adaptation Copiability and Adaptability are intrinsic => Appropriation is a virtue, but still a vice

4. Copyright, 1995-2004 4 Copyright Expansionism Accidental extension through buffers, cache Lawyers nastygrams and misuse of process Lobbying for, and Enactment of, Laws: extending copyright laws criminalising hitherto civil law breaches enlisting law enforcement agency support transferring enforcement costs to the State DMCA-based Gaoling, no bail, delayed charges, charges withdrawn once chilling effect achieved Embedment in Marketspace Mechanisms of Existing, Expanded and Imagined Rights

5. Copyright, 1995-2004 5 Patent Madness Multimedia (Compton) Affiliate Program Linking (Amazon) Reverse Auction (Priceline) Display of Text and Images (Pangea) Automated Credit-Checking (Pangea) Consumer Payment for Clicking (CyberGold) Single-Action / One-Click Shopping (Amazon) SCO v. Linux Business Process patents generally Web and eCommerce patents in particular

6. Copyright, 1995-2004 6 A More Constructive Closed Approach Identify customers price resistance-point (by finding out what the market will bear) Set prices accordingly (and thereby sustain payment morality) Discourage and prosecute breaches where the purpose is commercial Take no action over breaches by consumers (time-shifting, format-change, sharing?) A Case Study: Apple iTunes charges USD 0.99 per track!!

7. Copyright, 1995-2004 7 Digital Rights Management Technologies Passive Technologies object-protection under the owner's control object-protection while it is in transit means of tracing rogue copies: 'watermarking' technology (to uniquely identify the publication) 'fingerprinting' technology (to uniquely identify the particular copy) object-protection under a licensees control

8. Copyright, 1995-2004 8 Digital Rights Management Technologies Active Technologies – 1 of 2 notification to the licensee of their rights at the time that the object is accessed identification of licensees authentication of identities destruction / disablement of the data object in the event of licence expiry or breach (cf. the sterility gene in proprietary GM crops)

9. Copyright, 1995-2004 9 Digital Rights Management Technologies Active Technologies – 2 of 2 enforcement mechanisms, client-side prevention, e.g. preclude actions that breach permissions for printing display recording of actions that exercise permissions under the licence recording of (attempts to) breach the licence, e.g. making copies beyond the limit reporting of (attempts to) breach the licence

10. Copyright, 1995-2004 10

11. Copyright, 1995-2004 11 Identification The process whereby data is associated with a particular Identity Authentication The Process of Testing an Assertion in order to establish a level of confidence in the Assertions reliability Identity Authentication The Process of Testing an Identity Assertion

12. Copyright, 1995-2004 12

13. Copyright, 1995-2004 13 Phases in Online User Access Security

14. Copyright, 1995-2004 14 Federated Identity Management

15. Copyright, 1995-2004 15 Reasons for Joined Up Government Government Motivations Cost Savings? We are spending around 12 billion sterling (and rising) a year on IT, largely paying for the same stuff hundreds of times over across the public sector ??? Effort Transfers to Citizens? Cost Transfers to Consumers? Enhanced Quality of Service... Social Control? An End-Run Around Privacy Law? Be seen to be doing something? More attractiveness as a business partner... or takeover target

16. Copyright, 1995-2004 16 The Multi-Mediated Super-Architecture

17. Copyright, 1995-2004 17 Public Policy Aspects Understanding and Valuation of Privacy Limited Conception of Privacy 'Opt-Out' in Lieu of Consent / 'Opt-In' Lack of Consumer Trust No Appreciation of the Value of: Multiple Identities and Silod Personal Data Anonymity and Pseudonymity No Representation of Consumer Interests No Consumer Focus Groups No Consultation with Reps, Advocates Wholly US-Centric (1/3rd of the Worlds users)

18. Copyright, 1995-2004 18 Adaptations to the Information Infrastructure siphoning off of Internet bandwidth for VPNs a new protocol suite, controlled by governments and large corporations: P2P threatens copyright-owning corpns VoIP threatens eavesdropping TCP/IP with Tracing and Trapdoors