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The More Things Change…

By Ryan Vogt on January 20, 2015

Just to expand on today’s brief discussion of the rather circular nature of government support for cryptographic software (and to a lesser extent, new technology in general):

  • 1976: After the NBS (National Bureau of Standards) consulted with the NSA, the NSA made a slight modification to the forthcoming DES standard. For years there was significant academic suspicion that the NSA had weakened DES; in fact, they had strengthened it against an attack called “differential cryptanalysis” — a technique that wouldn’t be widely known in academic circles until the late 1980s.
  • 1976: The Arms Export Control Act of 1976 is passed, making exporting cryptography that’s too good, as it were, equivalent to exporting munitions.
  • 1991: Phil Zimmermann published online and for free PGP, a cryptosystem used to encrypt email (ensuring both privacy and lack of tampering). This would lead to a three-year criminal investigation against him under the 1976 Act.
  • 1993: The Clipper chip was announced by the NSA. It would use what is — to the best of my knowledge — a secure cipher (Skipjack) to encrypt voice communications. However, there was a built-in backdoor in Clipper that allowed Skipjack to be “bypassed”, allowing for monitoring of seemingly secure voice communications. The project was abandoned by 1996.
  • 1996: NIST (the National Institute of Standards and Technology) begins a massive search for a new cipher to standardize on (competition style!), to replace the aging and increasingly insecure DES. In 2001, Rijndael was announced as the new standard and named AES. To this day, it remains one of the most thoroughly tested and widely used ciphers, and is believed to be secure.
  • 2007: NIST begins another competition to replace the now insecure SHA-1 hash, as well as the seemingly secure (but worryingly similar-in-design to SHA-1) SHA-2 family of hashes with a new standard. After a similar intensive search, Keccak was chosen. A few minor variations were made to Keccak to make it more flexible (nothing sinister). The revised version is expected to be named as SHA-3 pretty much any day now.
  • Which brings us to now, and our talk today in class.

Back and forth, eh? And I’m sure there are lots more examples of help it / destroy it / help it / destroy it when it comes to cryptography!

Cheers

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Less than Zero — Backchannel — Medium

By Jon Festinger on January 18, 2015

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A concept well worth reflecting on: when is “free” not neutral? This article goes through the ins and outs of what it really means when carriers exempt certain apps from data charges, and not others. What do “net neutrality” rules have to look like to be meaningful and not a  commercially manipulative sham? Read more here: Less than Zero — Backchannel — Medium.

jon

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Weekly Student-Hour: 20 January 2015

By Ryan Vogt on January 18, 2015

Hello,

My name is Ryan, and I’m taking the first “student-hour” of the semester (feel free to bring fruit to throw). The topic is going to be: Open Source Licensing and Other Examples of Open Source.

There’s just one reading: Jacobsen v Katzer. Sorry about getting it out so close to Tuesday’s class, but it’s incredibly short (16 sparsely formatted pages).

An example of discussion questions to ponder (and please feel to bring your own questions as well, if something piques your interest or curiosity):

  • Why would people want to open-source a project (e.g., software)? Why would they want to keep it proprietary?
  • What sort of conditions, if any, would you want to put on the use of an (i.e., your) open-source project?
  • Do such conditions foster or limit digital creativity?
  • What does Jacobsen v Katzer tell us about the role of contract versus the role of copyright to open source? Do you agree or disagree?
  • What other sort of non-software projects might you call open-source?

Cheers!

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Writers Say They Feel Censored by Surveillance – NYTimes.com

By Jon Festinger on January 18, 2015

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How is this for disturbing – hardly the percentage difference between “free” and “not free” countries you might wish for:

“Some 75 percent of respondents in countries classified as “free,” 84 percent in “partly free” countries, and 80 percent in countries that were “not free” said that they were “very” or “somewhat” worried about government surveillance in their countries.”

via Writers Say They Feel Censored by Surveillance – NYTimes.com

jon

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News of the Week Top 5; January 14, 2015

By Jon Festinger on January 17, 2015

1. ‘Anonymous’ Member Calls For Revenge On Terrorists For Charlie Hebdo Massacre

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2. Code Is Law: But law is increasingly determining the ethics of code. (Jonathon Penney)

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3. Stop sketching, little girl — those paintings are copyrighted!

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4. Rightscorp and BMG Exploiting Copyright Notice-and-Notice System: Citing False Legal Information in Payment Demands (Michael Geist)

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5. Copyright and Inequality (Lea Shaver)

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jon

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Class 2 Slides; January 13, 2015

By Jon Festinger on January 13, 2015

In all their glory 😉

 

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Charlie Hebdo Tragedy

By Jon Festinger on January 11, 2015

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In the syllabus and in last weeks introduction to the course I suggested a living lab model of learning might serve this course rather well. The notion behind that thought was that so much is happening in the world in relation to law and media, that bringing that into class every week would ground us in relevance. Making it that much easier to engage with the subject matter. My rather bold prediction was that something would inevitably come up every week that was highly relevant. Was thinking about issues like the film “Selma” not actually using the actual words of Martin Luther King for reasons of copyright chill. Or even the Sony hack and all that became of it including the non-release/release of the “The Interview”. That the abominable acts of murder at Charlie Hebdo in Paris occurred is something we need to talk about as it clearly implicates free expression in the digital age. If the core of this course is to examine the constraints on creativity, there are few more serious than being murdered for what you have created. It is of course very difficult to parse real meanings, much less legal and normative implications so close to such events, but we will at least try to go down that road Tuesday during our News of the Week discussions.

To help here are links to some news stories and perspectives:

Salman Rushdie condemns attack on Charlie Hebdo

‘Anonymous’ Member Calls For Revenge On Terrorists For Charlie Hebdo Massacre

Blasphemy and the law of fanatics

Hitler’s Cartoon Problem and the Art of Controversy

These are the biggest hypocrites celebrating free speech today in Paris

Former ‘Onion’ editor: Freedom of speech cannot be killed

Terrorists Can’t Kill Charlie Hebdo‘s Ideas

A Modern History of Free-Speech Martyrs

jon

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Important read for Tuesdays class: Internet Under Fire Gets New Manifesto — Backchannel — Medium

By Jon Festinger on January 11, 2015

 

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Please read the following in preparation for a class collaborative effort this Tuesday where we begin to imagine a “Charter of Digital Rights”: Internet Under Fire Gets New Manifesto — Backchannel — Medium.

jon

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News of the Week Top 5; January 7, 2015

By Jon Festinger on January 10, 2015

1. Novelists, poets, cartoonists respond to attacks on Charlie Hebdo offices in Paris

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2. Who’s the true enemy of internet freedom – China, Russia, or the US?: Beijing and Moscow are rightly chastised for restricting their citizens’ online access – but it’s the US that is now even more aggressive in asserting its digital sovereignty (Evgeny Morozov)

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3. The Cybersecurity Tipping Point

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4. Why cash and copyright are bad news for creativity

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5. Canadians That Access U.S. Netflix May Be in a Legal Grey Zone, But They Are Not Stealing (Michael Geist)

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jon

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How Martin Luther King film Selma was made without quoting civil rights leader | Daily Mail Online

By Jon Festinger on January 4, 2015

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How Martin Luther King film Selma was made without quoting civil rights leader | Daily Mail Online.

This article will be among the topics for our first class. Issues of note:

1. Why didn’t Paramount sue for a declaratory judgment?

2. Does Hollywood have a vested interest in not strengthening the fair use exception to U.S. copyright law?

3. Does this simply prove that “Copyright chill” is real as you can’t have it both ways with respect to point 2 above.

4. Would the situation be different in Canada because fair dealing is different from fair use?

5. Would “moral rights” which is part of our law, change the situation if it had happened in Canada?

6. Implications of any/all of the above?

jon

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Check out the UBC Video Game Law Course
LEGAL CONSTRAINTS ON (DIGITAL) CREATIVITY: The Course
This is the website for the course "Legal Constraints on Digital Creativity" being offered at the Allard School of Law, UBC. Among the purposes of this website is near real-time engagement with and about course materials. As well as to solicit additional comments, reactions and thoughts from students as well as academic and creative colleagues regarding the content, pedagogy and delivery of the course. The course is a cousin to Video Game Law which has recently completed its 8th academic year. That course examines how legal constructs apply to a particular advanced form of interactive media. This course is not fixed on any one digital form. It asks how law is altering, circumscribing and entwining our creative instincts and powers. The course description reads: This course examines the implications to the human creative process engendered by law and legalities. The invention of digital worlds has resulted in changes and advancements that could scarcely be imagined, with much more still to come. As significant as was the coming of the Internet, the development of software languages, and the growth of social media, they are only part of the story. Among the most profound changes is a fundamental shift in our conception and understanding of what “creativity” means and how it manifests. With today’s tools it is clearer than ever that everyone is a content creator. It is particularly in this light of the democratization of creativity that this course seeks to understand the content realms. Today many legal perspectives are rights based. Rather than another dialectic on rights, we will catalogue and debate the myriad ways creativity is in fact restrained, shaped, and altered even while “freedom of speech/expression” is acknowledged. Above all we will seek to specifically identify the roles of law & regulation in this process. In so doing we will deepen our understanding of censorship, its conventions and guises. We will travel with the creator on the journey their content traverses. In particular we will focus on how intended and received meanings are altered as a consequence of the constraints we identify. We will in every class proceed from the inside out, from the creation of an idea through stages of gestation, fixation, distribution, communication, reception, comprehension, interpretation, and understanding. Our classes will examine different levels of creative constraint, as well as cataloguing their consequences to creators, the creative process, and democracy itself. We will, employing various methods, survey the following layers of control, moving from purely private to state sponsored: a. Creative Models & Community Constraints (extra-legal) b. Technological & Structural Constraints c. Copyright, Remixing & Modding d. Trademarks, Patents & the IP Business (including "IP trolling”) e. Contractual Constraints (EULA’s, ToS’ and the “Post IP World”) f. Privacy, Defamation, & Personality Rights  g. Industry & Medium Regulation in a Digital Age (net neutrality, neg regulation & the future of “Broadcasting”) h. Consumer Protection (“Big Data” as well as psychological manipulations or “brain-gaming”) i. Criminal/Obscenity/Taxation/Currency/Gambling Law & Regulation j. Internet Governance & Surveillance (and the meanings of “Hacking”) On the site you will find sections for the Syllabus and for the materials. Both are, of necessity in this fast moving digital world, always works in progress. jon


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