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A key value of the Internet is freedom of speech. This was recently re<strong>in</strong>forced by the actions of a Canadian<br />

researcher who organised the sett<strong>in</strong>g up of miror-sites ("Zundelsites") to enabled Germans to read censored<br />

neo-Nazi material. Deutsche Telekom blocked acess to a small Santa Cruz company that ma<strong>in</strong>ta<strong>in</strong>s Zundel's<br />

World Wide Web site. Rich Graves set up a mirror site for Zundel's material, even though he disagrees with<br />

Zundel's views, and has put up arguements aga<strong>in</strong>st them. Other mirror sites were established, and the attempt<br />

at censorship was dropped. The San Jose Mercury News reported:<br />

"Declan McCullagh, a recent graduate from Carnegie Mellon who created the mirror site there, said censor<strong>in</strong>g<br />

Zundel's message just lends credence to his arguement that there is a conspiracy prevent<strong>in</strong>g "the myths" about<br />

the holocaust from be<strong>in</strong>g revealed.<br />

"The best way to respond to lies and deception is by rebuttal and refutation," he said. "The best efforts of a<br />

major Western democracy (at censorship) were thwarted by a couple of college students with an hour or two of<br />

spare time on the weekend." [San Jose Mercury News, 1996]<br />

This action provides a bluepr<strong>in</strong>t for the successful handl<strong>in</strong>g of "offensive" material with<strong>in</strong> the Internet. It<br />

<strong>in</strong>volved exposure of the material to public view, criticism of the material, and caused the writer to be<br />

accountable to the public. People who set up mirror sites supported the pr<strong>in</strong>ciple of freedom of speech, but<br />

through the <strong>in</strong>tervention of add<strong>in</strong>g critical commentary and forc<strong>in</strong>g the author of it (Ernst Zundel) to be<br />

exposed to public question<strong>in</strong>g, also gave the public an opportunity to assess the truth or otherwise of the<br />

allegations made by Zundel.<br />

3 Cryptography Regulation<br />

The <strong>in</strong>terest of Governments <strong>in</strong> regulat<strong>in</strong>g for key forfeiture systems and surveillance holds <strong>in</strong>sufficient weight<br />

aga<strong>in</strong>st the rights of citizens to privacy of communications. Shearer, [ Gutmann, 1996]<br />

The notion of a right to privacy of citizens <strong>in</strong> their communications should be seen <strong>in</strong> the context of an<br />

<strong>in</strong>ternational movement by governments towards regulation of cryptography, and consideration of key<br />

forfeiture systems <strong>in</strong> national cryptography use. The right to privacy <strong>in</strong> computer-based communications is an<br />

issue of major importance, assur<strong>in</strong>g freedom of the <strong>in</strong>dividual <strong>in</strong> national and global communications.<br />

Regulation and control of cryptography use <strong>in</strong> the Internet by national governments may lead to an imbalance<br />

<strong>in</strong> the citizen/government power relationship, with consequences <strong>in</strong>clud<strong>in</strong>g unprecedented surveillance of<br />

citizens, disruption of <strong>in</strong>ternational commerce due to lack of powerful cryptography (and lack of<br />

standardisation), human rights abuses by less democratic or non-democratic governments, and limit<strong>in</strong>g of the<br />

political potential of an Internet global system. It is conceivable that a mediation committee would f<strong>in</strong>d that<br />

the Internet community strenuously opposes cryptography regulation. In the United States, a National<br />

Research Council Committee study<strong>in</strong>g the cryptography issue has recommended that cryptography controls be<br />

progressively relaxed, and that the Government should stop push<strong>in</strong>g escrowed encryption. The Government’s<br />

efforts <strong>in</strong> this direction are <strong>in</strong> the third edition , legislation known as “Clipper 111.” In view of political<br />

activity <strong>in</strong> the United States and <strong>in</strong> other countries around the world, this issue has conflict status, and would<br />

be a prime case for Internet mediation. It would empower Internet cryptography activists <strong>in</strong> putt<strong>in</strong>g their case,<br />

with<strong>in</strong> the Internet community as well as without.<br />

4 Software Patents and Copyright<br />

Software patents applications be<strong>in</strong>g approved <strong>in</strong> <strong>in</strong>creas<strong>in</strong>g numbers <strong>in</strong> the United States pose a threat to the<br />

future development of the software arts with<strong>in</strong> the Internet community. The <strong>in</strong>terest of the United States<br />

companies benefitt<strong>in</strong>g from these patents appear to be outweighed by the wider <strong>in</strong>terest of the Internet<br />

community.<br />

Critics of US software patent laws say <strong>in</strong>ventors of software are already protected by copyright and trade secret<br />

law, and <strong>in</strong>appropriate patents are approved, eg “obvious” applications, which may already be well known by<br />

programmers or which may be re<strong>in</strong>vented over and over <strong>in</strong> the normal course of software development. They<br />

claim software developments, whether patented or not, build on prior art, and thus patents are <strong>in</strong>appropriate.<br />

Central to the debate, however, is the charge that large companies are view<strong>in</strong>g patents as an opportunity to<br />

profiteer at the expense of the <strong>in</strong>ternational software development community.

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