The way in which performance rights organizations regulate transmission of music over the radio and television provides a model solution to Internet copyright infringement. Similar organizations could license Internet Service Providers ( ISPs ), the companies that provide access to the Internet for individuals, to allow their users to transmit different types of digital information, such as music, documents, and computer programs over the Internet. Copyright holders could regulate the transmission of information through these licensing companies the same way music writers and publishers use performance rights organizations today. (Rutner, 1998)
This application would not only apply to literary works, but also to the new technology known as MP3. MP3 s are sound files that are easily transmitted over the Internet due to their smaller size. These are referred to as “smaller” because before MP3 s, the most comparable files were .WAV files. For a five minute song, these .WAV files could range in size from 40 megabytes to 70 megabytes. These .WAV files were of CD quality (44,100Khz, 16-bit depth) thus taking up large amounts of space. The MP3 came along and reduced that file size to approximately 3 megabytes through a new compression method. MP3 s are not CD quality, but they are close enough that most consumers will never know the difference. Currently, in the midst of the MP3 craze, consumers and authors alike have begun uploading and downloading their copyrighted works of music over the Internet in literally no time at all. The fact that the average bandwidth of the Internet is increasing at exponential rates will only serve to further compound this problem. Not too long ago, people were using 33.6Kbps modems at home. Now those same people are using at least a 56Kbps modem, or an ADSL (Asymmetric Digital Subscriber Line) connection, which is 50 times faster than a 56Kbps modem. This increase in speed means that MP3 s that used to take 30 minutes to download will now take 30 seconds. At first, the music industry was not concerned about this new trend. MP3 s, though they are smaller and are great for storing 200 songs on one compact disc, will not play in a regular CD player; they can only be read by a computer. Then a new little gadget came along. Its name is the Diamond Rio. It is the recording industry s newest and greatest fear. The reason: it can store up to 60 minutes of MP3 music downloaded from the Internet. It is a portable device that is much akin to the Walkman tape cassette player, only much smaller. Recently, the Recording Industry Association of America sued the makers of the Diamond Rio, Diamond Multimedia Systems, arguing that the device violated the Audio Home Recording Act(AHRA) because it did not contain a Serial Copyright Management System(SCMS) and because Diamond Multimedia had not paid the proper royalties. (Downing & Knight, 1999) However, the Ninth Circuit disagreed, and declared that the device is not a digital audio recording device as defined by the Act primarily because of a loophole that exempts computers. (Downing & Knight, 1999) I am sure that this is not the last that we will hear of this debate. Meanwhile, sales of devices like the Rio are predicted to reach 5.2 million cards for 1999.(Business Editors, 1999) Currently, Diamond Multimedia Systems is in the process of developing a SCMS so that the Diamond Rio cannot play music that is unauthorized by licensing agencies:
The Secure Digital Music Initiative(SDMI) specification currently provides a default usage rule that will restrict the copying of legacy content, that is, existing copies of CDs and digital music files. Each time content without usage rules, like an existing CD, is copied and stored in the local SDMI format, only four copies can be made of that copy. (Downing & Knight, 1999)
These are just a few of the solutions that could possibly reduce the amount of copyright infringement on the Internet. Only time will tell if the government will step in to regulate yet another commodity.
V. Unsolicited Email Messages (SPAM)
The final subject that I will address is that of junk email, more commonly known as Spam. Spam is unsolicited email on the Internet usually pertaining to commercial purposes. Its physical equivalent is the same junk-mail that people receive through the United States Postal Service. Currently, only three states have enacted legislation outlawing the act of Spamming: the State of Virginia, the State of Washington, and the State of California. Though only three states currently outlaw Spamming, the catch-22 is that most email and internet traffic passes through either Virginia or Washington State, thereby allowing Virginia to enact its long-arm statute.(S. 881, 1999) However, Church states that
even Virginia s law is significantly restricted in its scope and applicability. It covers only e-mail sent with the intent to forge or falsify routing data. Put another way, the sending of unsolicited bulk e-mail is unaffected by this law if there is not falsification of routing or point of origin. (Church, 1999)
Why have these three states taken such action? First, both Virginia and Washington have a large number of Internet-based businesses as well as ISP s located within their borders. Washington state is also the home of the software giant, Microsoft. America Online (AOL) is based in Herndon, Virginia as well. Even if a person in Florida Spams someone in Chicago, chances are that that email passes through servers located in Virginia, thereby giving Virginia the right to prosecute. Merely sending an unsolicited email message is not going to land someone in court. Officially, the Computer Crimes Act
makes it the crime of computer trespass to (a) falsify or forge e-mail message transmission information in connection with unsolicited bulk e-mail and (b) sell, give, distribute, or possess software whose principal purpose is to facilitate unsolicited bulk e-mail. (S. 881, 1999)
Basically, these two states are after people that use false email addresses full of false promises and false hope. As usual, the rest of the states are expected to follow. Certainly, no one enjoys getting Spam mail, let alone junk mail in the real world. Yet alternatively, how does this affect the privacy of the individual? If one does not want to read the Spam, he can simply delete the offending message and let that be the end of the issue. Personally, I receive approximately 30 Spam messages each day and I know exactly which ones to delete and which ones to save. It only requires a few extra seconds out of my day. Obviously, I am going to delete a message with the subject that reads Viagra 50% off at our Website! That is the type of message found in most Spams. Looking further into Washington s Spam legislation, some serious privacy issues are raised. Miller gives us a good example of how privacy can be invaded through these new legislations:
Samantha begins typing an electronic mail, or e-mail, to
her business partner, Roger, outlining her latest ideas
about their plan to found an Internet start up company that
would offer innovative new services over the World Wide
Web. She titles the message A few more thoughts about our
new company. At the end of the message, Samantha quickly
reminds Roger that she is in the market for a new computer
and that she would gladly sell her old computer to him for
a decent price. Samantha clicks the send button on her e-
mail browser and assumes that Roger will receive the
message without delay or inspection. The message travels
across the Internet to Roger s Internet Service
Provider (ISP), but unknown to Samantha or Roger, the ISP
saves a copy of the message for delivery. The ISP then
examines the contents of the saved message, including
Samantha s private statements about their new Internet
company. Based on Samantha s comment about selling her
computer, the ISP determines that the message constitutes
commercial e-mail containing a false or misleading subject
line. The ISP then directs the message into cyberspace
limbo. (Miller, 1999)
Though this scenario might seem far-fetched, it is not far in the future.
When I use the Internet at home I use MindSpring Internet Services. I have been one of their customers for the past two years, and they offer what is called The Spaminator+.” This service blocks out Spam emails, and speaking from personal experience, this service works. I did not discover this service until after two months of being with MindSpring. Before turning on the Spaminator, I received Spam messages on a daily basis. But since I started using this service, I have not had a single Spam message come across my Mindspring inbox. Apparently, this method of email filtering works. Unlike the service mentioned in the article, the Spaminator filters email differently, without invading anyone s privacy. MindSpring s Spaminator page describes the process of how it filters out Spam:
A list of well known Spam creators determine which mail
should be filtered. This master document is created,
regularly updated, and monitored by MindSpring s Abuse
department. Unfortunately, we cannot customize Spam
filtering on an individual basis or account. The following
is an overview of the process in two main steps:
1. Email from certain known spammers addresses is not
delivered.
2. Email from known spamming programs is not delivered.
These are email programs which are designed to send
messages in bulk, while hiding the point of origin
(spoofing).
The specifics of our filtering procedures will remain
unpublished. (MindSpring, 1999)
What I found even more interesting is that later on the same web page, MindSpring even admitted that there is no fool-proof method of eliminating unsolicited email (MindSpring, 1999) I am forced to ask the question: How far will we go to stop Spam? Will the government enact legislation making it mandatory for ISP s to inspect every piece of mail, or at least filter them? This sort of inspection will eventually, if it has not already, invade each individual s right to privacy if a better way is not created. Personally, I believe that the Spaminator+ is a good idea and from experience, it has worked for me. Currently, the service is on a voluntary basis, but if ISP s want to fight Spam, they will follow MindSpring s lead and offer this service to all users. In the future, however, this filtering service may become mandatory due to extensive litigation involving unsolicited email.
VI. Conclusion
In this paper, I have attempted to discuss the most current and most prominent issues facing both lawyers and the average Internet user. Clearly, there are not enough pages or enough time to discuss every single issue that exists today. Rather I dealt with issues that either interested me or that were discussed in class. There is a new age upon us and it is the Information Revolution. What we do with it and how we choose to govern it is up to us. I can remember a time back before the Internet was at the popularity level that it is at today. There were no graphics, only text, and just a few hundred thousand users that were dedicated and brilliant. Unfortunately today, many Internet users are simply using it to “play around.” What was once a serious medium has now become a toy for millions of people. In order to understand the future of the Internet, we must understand its beginnings. The original intent of the Internet was to create a computer network that could communicate even after a nuclear attack on all major cities in the U.S.(Mayr, 1999) Instead, it grew to be a new technology that can deliver information to anyone, anywhere in the world that has access to a computer. What once took days now takes milliseconds. Is this a bad thing? Inherently, no it is not, but mankind does a wonderful job of perverting good things when they are created. Granted, I am not saying that only certain people should have access to the Internet. I just believe that people should respect the Internet because if we don t respect it, then chaos could erupt, and the government will have to step in. Sure, the Internet has many more pros than it does cons, but how long will that last? Of course, there is no one big solution that will solve all the ills created by the Internet, but that is what the legal system is for. I do not claim to have all the answers concerning the questions posed by the Internet, but I have attempted to at least offer some viable solutions and alternatives to the current methods and procedures.
On a personal note, this paper has brought me to a higher level of understanding concerning the Internet. I was one of those hundreds of thousands of people to use the Internet on a regular basis in the 1980 s, and I have learned that while technical information is a must, legal knowledge is not far behind. When I started out, it seemed like a daunting task, and I thought that I would have to answer every question out there. I later came to realize that answering all the questions was not my purpose. However, this was not only a learning experience, but an enjoyable learning experience.