P-to-P Networks and Internet Crime   Term Paper ID:37055 Click to get this paper

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Paper Abstract: This paper is a series of five summary/critiques on five different articles dealing with Internet piracy and peer-to-peer networks. Cites court cases. Use of the Internet by young people. Paper Introduction: Articles Summary Critique P-to-P Networks and Internet Crime Alfred Meijboom\'s article deals with the court case concerning theDutch equivalent of Napster Kazaa Like Napster Kazaa permits freedownload of copyrighted music but from decentralized databases rather thanone central database such as Napster used The interesting twist to thiscase pivots on the concept of peer-to-peer networks Peer-to-peertechnology allows individual users to offer information independently butalso to find and download information from other individual users peers Meijboom In Napster\'s case its central server was the Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. Although Meijboom deals primarily with the reasons that thetwo cases resulted in different verdicts, the real issue-the fact thatcopyrighted music was being shared free-is not really addressed in thearticle. Godwin-Jones's article is interesting in its exploration of new usesfor digital technology and puts a completely different spin on the peer-to-peer aspect of such technology. Scannell mentions a recently released studythat concludes that "the best way for large enterprises to createcompetitive advantages for themselves using p-to-p is developing p-to-pcontent networking solutions based on what it calls the Data Centered p-to-p model" (38). boasts firewall support, secure rolesand permissions, and a means for allowing users to control securitypolicies and deployment centrally across a global network. Trying to secure data on a distributed network with manypeers is a security nightmare. "Watching the web: thoughts on expanding police surveillance opportunities under the cyber-crime convention." Canadian Journal of Criminology and Criminal Justice, Oct 2 4, 46.5, 597-6 6.Meijboom, Alfred P. When the Advocate-General in the Kazaa caseconcluded that Kazaa "did not directly or indirectly infringe upon thirdparties' copyright," he did, however, agree that "users who makecopyrightable files available through a peer-to-peer network violatecopyright law;" however, since it is the users rather than Kazaa whopublish the files, Kazaa was not found to directly infringe copyright(Meijboom 185). Simply because of thedifferent ways that the Kazaa and Napster systems were set up, however,Kazaa was found not guilty of copyright infringement, while Napster wasfound guilty. It is not only the proliferation of surveillance efforts that alarmsthe authors, but also the encroachment of that surveillance into theprivate lives of innocent people who have not engaged in any activity thatqualifies them to be the objects of a surveillance effort: The cumulative effect of the astounding growth of surveillance is the construction of what Haggerty and Ericson (2 ) term the "surveillant assemblage." These authors rightly note that surveillance in contemporary society is "multiple, unstable and lacks discernible boundaries or responsible governmental departments," crossing as it does both the public and private sectors (2 : 61 ) (Huey & Rosenberg 6 1).With the 9/11 attacks still in recent memory and the passage of the PatriotAct, many Americans are understanding about the need for surveillance.However, as the authors note, the surveillance that occurs is anything butdiscriminating and selective: in the face of multiple connections across myriad technologies and practices, struggles against particular manifestations of surveillance, as important as they might be, are akin to efforts to keep the ocean's tide back with a broom--a frantic focus on a particular unpalatable technology or practice while the general tide of surveillance washes over us all. In the last analysis, painfultrade-offs will be necessary both to prevent Internet crime and to halt it,and the most likely victims will be the innocent. Meijboom indicates that he wrote his article to clarify amisconception about the Kazaa case that was created when "the world pressreported, not entirely correctly, that the decision ruled that file sharingin a peer-to-peer environment does not constitute copyright infringement"(Meijboom 183). In short, Scannell states, "Puttingp-to-p to use in enterprises means blending it with client/server networks"(38). It is nearly impossible to render eBook codescompletely unbreakable, and with the proliferation of peer-to-peernetworks, any hacker to breaks the codes can see to it that a huge numberof people gain access to the eBooks. Using Napster as anexample of how massive file-sharing can easily skirt copyrights by allowingusers to distribute files for free, he relates this to eBooks, which heshows are vulnerable to having their unlock codes cracked by hackers, whocould then distribute them freely on peer-to-peer networks in the samemanner that Napster users facilitated a proliferation of bootleg musicfiles. , a product that permits workgroupcomputing and file sharing but that does not generate the legal problemsencountered by Napster. Works CitedGodwin-Jones, Robert. (2 : 614) (Huey & Rosenberg 6 1). By proposing thehybrid solution, Scannell finds a way of effecting a compromise thatappeases both sides without sacrificing the advantages of each.3. The responsibility for policing the Internet has beenshifted through this legislation upon the shoulders of Internet serviceproviders, or ISPs, and law enforcement authorities now have the power tocompel ISPs to "provide intercept technology to ensure "lawful access" todata transmissions, to provide assistance to police in the storage andsearch of data traffic generated by an investigation target, and to releaseto police general information (i.e., names and addresses) regarding aservice's customers" (Huey & Rosenberg 597). He points out that there is a more importantpotential use of peer-to-peer technology in terms of its ability tostreamline and improve the efficiency of automated processes such as thosethat are part of supply-chain applications. Therefore, the article cannot be considered an ethical treatmentof the issues, but rather simply-as the author indicated-a clarification ofthe Kazaa court case, which was incorrectly described previously by themedia.2. Even in the case of Napster, which lost itscourt battle, Hoorebeek points out that a number of Napster clones pickedup the torch after it went down and are still carrying on music piracy.This emphasizes the fact that piracy in the electronic/Internet environmentis very hard to curb. The reported statement is not true, as Meijboom pointsout, and he also clarifies that the Supreme Court decision did not evenmention copyright infringement. The authors go on to say that"The CC places obligations upon ISPs that, in effect, convert serviceproviders into integral cogs in the apparatus of online law enforcement"(Huey & Rosenberg 597). Even gaming has been used as a language tool. Surprisingly, in fact, "This past fall, Duke Universityprovided iPods to all members of its entering class" (Godwin-Jones 19). Groove can alsopermit access to corporate data from handheld devices, although Scannellpoints out that this capability does not provide collaborative capabilitiesany better than e-mail does. Although iPods and the MP3 format have been used strictly formusic until recently, many web sites are now providing language learning inMP3 format audio, and language labs are using iPods to help languagestudents improve their pronunciation. Since university libraries are "beginning to amass a sizablecollection of digital materials that include eBooks," Hoorebeek leaves uswith the impression that what happened with Napster is poised to happenagain with eBooks, possibly creating an industry disaster (167).5. Hoorebeek does a creditable job of pointing out the security gapsassociated with eBooks and suggests that this same issue which brought downNapster will limit the profitability and viability of eBooks because oftheir vulnerability to piracy. The short message service (SMS) form of mobile textmessaging has been used to support language learning "in conjunction withradio broadcasts of English language programs in French-speaking WestAfrica" (Godwin-Jones 18). Like Napster, Kazaa permits freedownload of copyrighted music, but from decentralized databases rather thanone central database, such as Napster used. By contrast, in the Kazaa case, the lack of a central server with alisting of files was what enabled Kazaa to escape the copyrightinfringement conviction. In Napster's case, its central server was the element ofits case that caused the court to find "vicarious copyright infringement;"the result would have been the same if the case had been tried in theNetherlands, as well (Meijboom 183). "Emerging technologies: messaging, gaming, peer-to- peer sharing: language learning strategies & tools for the millennial generation." Language, Learning & Technology, Jan 2 5, 9.1, 17-22.Hoorebeek, Mark. He identifiesthe difference between the centralized server employed by Napster and thepeer-to-peer network used by Kazaa, pointing out why the two different waysof handling the data received different sentencing in the two cases. Since many instantmessaging programs now support audio and video as well as text, they arebecoming increasingly adaptable for use in foreign language learning. Robert Godwin-Jones's article examines peer-to-peer file swapping aspart of the younger generation's preoccupation with technology. Manyonline games now also have instant messaging occurring during the games,which prompts the author to note that "The multitasking prowess needed forIMing while gaming or engaged in other online tasks points to the one ofthe new kinds of literacies evolving among and through the Digital Natives"(Godwin-Jones 17). Instant messaging is being used as a tool-particularly in conjunctionwith e-mail and blogging-for learning languages. He makes it clear that it is thedecentralization involved in peer-to-peer networks that makes thispossible; decentralization makes it easy to pass files around but difficultto trace. In Mark Hoorebeek's article, he addresses the usual ways that peer-to-peer technology can be used to violate copyright-by distributing MP3 fileson a peer-to-peer network-along with a couple of new issues that havearisen due to new technology-eBooks and libraries. Scannell's article provides a good explanation of the reasons for ITconcern over peer-to-peer processing and an acceptable solution to thedilemma inherent in the conflict between IT's security concerns andcorporate efficiency and data accessibility concerns. This results in a model based oncentralized services but that has "interactions managed through peer-to-peer protocols" (Scannell 38). One of the reasons this form of communicationlends itself to language learning is that it allows young learners tochoose the time and place most conducive to their learning preferences(Godwin-Jones 18). Furthermore, since-as the author points out-"Thereis no such thing as an 'international copyright' that will automaticallyprotect an author's writings throughout the entire world," the globalizedenvironment of the Internet becomes one in which it is not only hard toidentify who is pirating eBooks but also one in which it is hard to convictthe perpetrators (Hoorebeek 166). IT dislikes peer-to-peer networks from the standpoint ofsecuring a company's data; for this, a centralized database is easier andmore secure. Peer-to-peertechnology "allows individual users to offer information independently, butalso to find and download information from other individual users (peers)"(Meijboom 183). The article discusses Groove 1. Rather than representing it as a threat tocopyrights and an emblem of illegal downloads, it elevates it to the statusof educational tool-which, indeed, it can be if used appropriately.4. He points out that today's young people, whom he refers to as"digital natives," are much more comfortable and conversant with digitaltechnology than their elders, whom he labels "digital immigrants" (17).The terminology is apt. In the Laura Huey and Richard Rosenberg article, the 2 1 Convention onCybercrime (CC) is discussed, including the implications for threateningpeople's online privacy and the tremendous burden of responsibility that itplaces upon private businesses, which are forced by it to become Internetcrime enforcers. On the other hand, however, the demand forpeer-to-peer networking faces IT, so it has had to develop some solutionsthat provide the best of both worlds. One of the most prominent of these is the hybrid solution, taking thebest of peer-to-peer technologies and marrying them with severalclient/server variations (Scannell 38). The author notes that"Interestingly there are some intriguing parallels between gaming andlanguage learning in the use of roles, improvisation, codes, and negotiatedmeaning. Mobile communication is another means of using digital technology toteach languages. Articles Summary/Critique: P-to-P Networks and Internet Crime1. "The Dutch Kazaa case: does file sharing infringe upon copyright or unfortunate litigation?" Business Law Review (UK), July 2 4, 25.7, 183-187.Scannell, Ed. The disadvantage of the peer-to-peer or hybrid solution is that itprovides weaker security than the traditional centralized database model: Much of the anarchy that happens because of p-to-p, so say its critics, is its lack of security, because it hasn't evolved to a point that allows groups to transparently communicate on both sides of the firewall. "eBooks, libraries and peer-to-peer file-sharing." The Australian Library Journal, May 2 3, 52.2, 163-168.Huey, Laura; Rosenberg, Richard S. Whereas young people essentially live in thedigital world, many of their elders are people from an analog worldstruggling to adapt to the digital environment. "Peering into the future." InfoWorld, April 3 , 2 1, 23.18, 38. Groove 1. A central server cannot always beidentified, because sometimes the software is untraceable; in situationswhere there is no need for a central server, there are so many participantsthat it becomes virtually impossible to enforce any type of legislation. One of the primary issues that the article addresses is the fact thatKazaa and Napster essentially did the same thing-facilitated file-sharingof copyrighted music files among their members. A third language learning tool is the iPod used with peer-to-peernetworking. Multiplayer online games tend to encourage communication andcooperation" (Godwin-Jones 2 ). The articles of the CC essentially makes ISPsanother arm of the law, either by "compelling them to function asofficially sanctioned surveillants" who search for, collect, analyze, andturn over data to agents of the state or by making them help police performthose activities (Huey & Rosenberg 6 1). The interesting twist to thiscase pivots on the concept of peer-to-peer networks. Alfred Meijboom's article deals with the court case concerning theDutch equivalent of Napster, Kazaa. While giving brief space to the problems of the free music downloadsevidenced by the Napster case, Ed Scannell's article approaches the conceptof peer-to-peer networks from a different angle-the information technology(IT) side. E-Rooms' Bair contends that many of these technologies demand special ports to be opened in a firewall, thereby leaving enterprises vulnerable to hackers (Scannell 38). Godwin-Jones contends thatbecause of their familiarity with digital technology, young people are goodcandidates for using that technology to learn new languages, both formallyand informally. This highlights a lack of security on eBooks that makes vendorsreluctant to sell them. His article is an explanation of what theSupreme Court decision actually was, along with background information toexplain for the reader's benefit what the terms used mean. This article raises an excellent point which is a complement to theprevious articles that addressed the ways that technology can be used topromote piracy-that although we do not want piracy to occur, we do not wantto sacrifice our privacy to stop it, either. Fileswapping is just one of many technologies that Godwin-Jones sees asappealing to youth; instant messaging, gaming, and mobile communication arethe others. 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