scholarly journals Policing the Network: Using DPI for Copyright Enforcement

2012 ◽  
Vol 9 (4) ◽  
pp. 348-364 ◽  
Author(s):  
Milton Mueller ◽  
Andreas Kuehn ◽  
Stephanie Michelle Santoso
Keyword(s):  
Service Providers ◽  
Actor Network Theory ◽  
Political Conflict ◽  
Deep Packet Inspection ◽  
Policy Debate ◽  
Internet Service ◽  
The Usa ◽  
Integrated Response ◽  
Copyright Enforcement ◽  
The Eu

Deep Packet Inspection (DPI) and other network surveillance techniques have become important factors in the policy debate over online copyright infringement. These new technical capabilities reopened an old debate about the responsibility of internet service providers (ISPs) for policing the internet. This paper attempts to understand the extent to which new technological capabilities have the power to alter regulatory principles. It examines political conflict and negotiation over proposals to use DPI for online copyright enforcement in the EU and the USA, using a hybrid of actor-network theory from science, technology and society studies and actor-centered institutionalism in political science. It shows that while the technology disrupted a policy equilibrium, neither the EU nor the US applied DPI to copyright policing in a way that realized its radical potential. The key factor preventing such an integrated response was the disjunction between the interests of network operators and the interests of copyright holders.

Liability of Hosting Provider with Regard to Open Libraries

2011 ◽  
pp. 430-446
Author(s):  
Thanos K. Tsingos
Keyword(s):  
Service Providers ◽  
Copyright Infringement ◽  
Legal Order ◽  
User Generated Content ◽  
Free Access ◽  
Internet Service ◽  
The Us ◽  
Recent Developments ◽  
The Usa ◽  
The Eu

Internet allows free access of information to anyone, without any particular quantitative, temporal or geographical restriction. At the same time, the use of Web 2.0 technologies allows users to offer their personal contributions in order to enrich projects, such as the renowned “open libraries’” project. However, the emergence of “open libraries’, which is much related to the concept of the so called “User Generated content”, may give rise to several types of copyright infringement by reason of impairing one or more of the original author’s exclusive rights. In addition, Internet Service Providers may facilitate users’ infringing activities by offering either a mere access to the net or by providing them with hosting services for various actions to take place that may be properly characterized as copyright infringements by the applicable copyright law. In the abovementioned context, this chapter examines the issue of whether an Internet Hosting provider could be held liable for copyright infringement in terms of any content originated by the user, especially in relation to an open library, by offering a deeper understanding on the rules governing ISP’s liability in the USA and the EU. The author attempts to describe the main recent developments taken place in this area of law and conclude on the most important differences between the US and the EU legal order.

scholarly journals Music Industry: Toward A New Business Model?

2011 ◽  
Vol 5 (11) ◽  
Author(s):  
Alexis Koster
Keyword(s):  
Business Model ◽  
Service Providers ◽  
Music Industry ◽  
Retail Stores ◽  
Music Downloading ◽  
Internet Service ◽  
Internet Users ◽  
Legal Questions ◽  
New Business ◽  
The Usa

<p class="MsoNormal" style="text-align: justify; margin: 0in 0.5in 0pt;"><span style="font-family: Times New Roman; font-size: x-small;">The last ten years have seen many changes in the music industry, mainly caused by Internet music downloading, legal and illegal.<span style="mso-spacerun: yes;">&nbsp;&nbsp; </span>The traditional business model of the recording music industry, based on the sales of CDs in retail stores, seems to be on its way out.<span style="mso-spacerun: yes;">&nbsp;&nbsp; </span>No clear new model has emerged yet, but several trends are noticeable for the recording music industry.<span style="mso-spacerun: yes;">&nbsp; </span>First, the decline of CD sales since the peak year of 2000 has accelerated, totaling 30% in the USA.<span style="mso-spacerun: yes;">&nbsp; </span>Second the recording music industry is going through a restructuring, marked by sell offs and mergers among the recording labels, by the disappearance of music retail stores, and by the foray of the majors in new directions, such as concerts.<span style="mso-spacerun: yes;">&nbsp; </span>Finally, revenues from digital music sales are increasing, partially compensating for the decrease in CD sales.<span style="mso-spacerun: yes;">&nbsp; </span>Whereas the providers of content, namely the labels and the artists, can be seen as victims of music downloading, the providers of the technology have benefited.<span style="mso-spacerun: yes;">&nbsp; </span>The sales of its iPod/iTunes systems have provided Apple&rsquo;s more revenues than the sales of its computers.<span style="mso-spacerun: yes;">&nbsp; </span>Other manufacturers are also entering this market.<span style="mso-spacerun: yes;">&nbsp; </span>Meanwhile, academics and policy makers have been studying new types of copyright licenses.<span style="mso-spacerun: yes;">&nbsp; </span>One idea is to impose a global license, paid by Internet service providers, and repaid to them by Internet users.<span style="mso-spacerun: yes;">&nbsp; </span>Many technological and legal questions must be resolved for such a scheme to become viable.</span></p>

Enemies, Parasites, and Noise

2017 ◽  
Author(s):  
Paul Kockelman
Keyword(s):  
Network Theory ◽  
Service Providers ◽  
Proper Names ◽  
Actor Network Theory ◽  
Internet Service Providers ◽  
Reported Speech ◽  
Internet Service ◽  
Intellectual Traditions ◽  
Roman Jakobson

This chapter begins by outlining some common properties of channels, infrastructure, and institutions. It connects and critiques the assumptions and interventions of three influential intellectual traditions: cybernetics (via Claude Shannon), linguistics and anthropology (via Roman Jakobson), and actor-network theory (via Michel Serres). By developing the relation between Serres’s notion of the parasite and Peirce’s notion of thirdness, it theorizes the role of those creatures who live in and off infrastructure: not just enemies, parasites, and noise, but also pirates, trolls, and internet service providers. And by extending Jakobson’s account of duplex categories (shifters, proper names, meta-language, reported speech) from codes to channels, it theorizes four reflexive modes of circulation any network may involve: self-channeling channels, source-dependent channels, signer-directed signers, and channel-directed signers. The conclusion returns to the notion of enclosure, showing the ways that networks are simultaneously a condition for, and a target of, knowledge, power, and profit.

The end of the net as we know it? Deep packet inspection and internet governance

2011 ◽  
Vol 13 (7) ◽  
pp. 1142-1160 ◽  
Author(s):  
Ralf Bendrath ◽  
Milton Mueller
Keyword(s):  
Social Constructivism ◽  
Service Providers ◽  
Deep Packet Inspection ◽  
Technological Determinism ◽  
Internet Governance ◽  
Internet Service ◽  
Data Packets ◽  
Theoretical Approaches ◽  
Network Equipment ◽  
Packet Inspection

Advances in network equipment now allow internet service providers to monitor the content of data packets in real-time and make decisions about how to handle them. If deployed widely this technology, known as deep packet inspection (DPI), has the potential to alter basic assumptions that have underpinned internet governance to date. The article explores the way internet governance is responding to deep packet inspection and the political struggles around it. Avoiding the extremes of technological determinism and social constructivism, it integrates theoretical approaches from the sociology of technology and actor-centered institutionalism into a new framework for technology-aware policy analysis.

Regulating Internet Content through Intermediaries in Europe and the USA

2002 ◽  
Vol 23 (1) ◽  
Author(s):  
Benoît Frydman ◽  
Isabelle Rorive
Keyword(s):  
Free Speech ◽  
Service Providers ◽  
International Standards ◽  
Controversial Issue ◽  
The Internet ◽  
Internet Service ◽  
The Us ◽  
The Usa ◽  
Domestic Law ◽  
Content Regulation

SummaryThis paper emphasises the key role played by Internet Service Providers (ISPs) in the current developments in Internet content regulation. At present, no common international standards govern free speech limits on the Internet. Racist speech constitutes the most controversial issue between Europe and the US. The enforcement of domestic law online has recently led to surprising court rulings in several European countries, putting transatlantic ISPs under pressure. The paper provides a detailed account of three of these cases: the early German Compuserve case, the famous French Yahoo! case and most recently the French J’accuse! case. Both European and American legislators have endeavoured to provide ISPs with “safe havens” (limitations of liability) and tentative procedural solutions like “notice and take down”. These new regimes and their likely effects on ISPs are presented and discussed. It is suggested that, despite the lack of common standards, the combination of the American and the European provisions would strongly incite transatlantic ISPs to take down racist material This, however, also risks affecting other controversial data, otherwise subject to free speech protection. The danger of a massive scheme for private censorship is compelling.

scholarly journals The transformation of network neutrality in Canada

2021 ◽  
Author(s):  
Natalie Andrusko
Keyword(s):  
Interest Groups ◽  
Traffic Management ◽  
Management Practices ◽  
Service Providers ◽  
Network Neutrality ◽  
Deep Packet Inspection ◽  
Internet Service ◽  
Internet Neutrality ◽  
Access Information ◽  
Packet Inspection

"Telecommunications technology has dramatically transformed an individual's ability to access information. Internet surfers are often unaware of the ways in which their Internet services are being managed, and even fewer are familiar with the term Internet neutrality. As a growing trend, more Internet Service Providers (ISPs) in Canada are intervening with the infrastructure of the Internet by utilizing traffic management practices, such as bandwidth 'throttling'1, which hinder a user's ability to quickly access certain types of content online. Internet traffic management practices (ITMP) are a means for ISPs to control their 'congested'2 networks, with the aim of optimizing or improving their network's performance, or they can often aid in increasing usable bandwidth (Lithgow, 2011). Traffic management practices ultimately allow one kind of 'packet'3 to be delayed over another; for example, ISPs often use a program called Deep Packet Inspection (DPI), which is a program that can identify forms of traffic online, meaning it can target specific applications. Since ITMPs can target specific 'packets' online, smaller interest groups, and businesses became increasingly concerned that network neutrality policy principles, such as 'common-carriage'4 was not being enforced by the CRTC. This paper will identify the main concerns of utilizing ITMP on broadband networks, and will illustrate that ITMP can and should be connected to the discussion regarding network neutrality in Canada" -- From the introduction, page 1.

Innovation Translation and E-Commerce in SMEs

2011 ◽  
pp. 631-635 ◽  
Author(s):  
Arthur Tatnall ◽  
Stephen Burgess
Keyword(s):  
Service Providers ◽  
New Technology ◽  
Actor Network Theory ◽  
Innovation Theory ◽  
Internet Service ◽  
Medium Enterprise ◽  
Australian Case ◽  
The Many ◽  
Human Actors ◽  
The Way

Adoption of a new technology cannot be automatically assumed. The implementation of an e-commerce system in a small to medium enterprise (SME) necessitates change in the way the business operates, and so should be considered as an innovation and studied using innovation theory. In this article we argue that the decision to adopt, or not to adopt a new technology, has more to do with the interactions and associations of both human and nonhuman actors involved in the project than with the characteristics of the technology. As e-commerce necessarily involves interactions of people and technology, any study of how it is used by SMEs must be considered in a socio-technical context for its true complexity to be revealed (Tatnall & Burgess, 2005). This complexity is due, to a considerable degree, to the interconnected parts played by human actors and by the multitude of nonhuman entities involved: small business managers, sales people, procurement staff, computers, software, Web browsers, Internet service providers, modems and Web portals are only some of the many heterogeneous components of an e-commerce system. In this article we will argue that the complexity of these systems is best seen and understood by taking this heterogeneity into account and finding a way to give due regard to both human and nonhuman aspects. The implementation of an e-commerce system in an SME necessitates change in the way the business operates and we contend that this is best studied in the light of innovation theory. In this article we examine how innovation translation, informed by actor-network theory, can be usefully applied in analysis of the adoption, or nonadoption, of e-commerce. We illustrate this in two Australian case studies.

scholarly journals (Why) Did EU Net Neutrality Rules Overshoot the Mark? Internet, Disruptive Innovation and EU Competition Law & Policy

2018 ◽  
Vol 11 (18) ◽  
pp. 227-239
Author(s):  
Oles Andriychuk
Keyword(s):  
Service Providers ◽  
Competition Law ◽  
Disruptive Innovation ◽  
Net Neutrality ◽  
Internet Service Providers ◽  
Electronic Communications ◽  
Internet Service ◽  
Eu Competition Law ◽  
Disruptive Innovations ◽  
The Eu

This essay raises a number of theses in support for a more liberalised approach to EU Net Neutrality rules. It offers a graded system of levels of regulatory intervention, arguing that soft Net Neutrality rules are capable of meeting all positive objectives of regulation without causing the problems generated by hard Net Neutrality rules, such as those currently in place in the EU. Hard Net Neutrality rules prevent Internet Service Providers (ISPs) from making disruptive innovations. Meanwhile, they enable some Content and Application Providers (CAPs) to monopolise many markets via (disruptive) innovations, resulting in newly established dominant positions which have, in many instances, been abused. The hypothesis of the essay is that loosening the rules on Net Neutrality would create competition between ISPs and CAPs as well as (which is even more important) between different CAPs for limited premium speed traffic. Such newly established competition could remedy some antitrust conundrums faced by EU competition enforcers and sectorial regulators vis-à-vis disruptive innovators in the area of electronic communications.

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