Piracy surveillance, however, represents an overlooked fourth area that is completely distinct from these other types, yet incompletely theorized, technologically unbounded, and, potentially, legally unrestrained. In the past, legislators and scholars have focused their attention on other, more visible methods of surveillance relating to employment, marketing, and national security. Piracy surveillance comprises extrajudicial methods of copyright enforcement that detect, deter, and control acts of consumer infringement. Laws developed to address the problem of online piracy - in particular, the DMCA - have been unwittingly misplaced, inviting intellectual property owners to create private systems of copyright monitoring that I refer to as piracy surveillance. Yet courts often exacerbate these challenges by sacrificing one area of law for the other, by eroding principles of informational privacy for the sake of unlimited control over intellectual property. Both areas of law face significant challenges because of technology's ever-expanding pace of development. This paradox, in turn, leads to the tension between privacy and intellectual property. As a result, the Internet both enables and silences speech, often simultaneously. This new surveillance exposes the paradoxical nature of the Internet: It offers both the consumer and creator a seemingly endless capacity for human expression - a virtual marketplace of ideas - alongside an insurmountable array of capacities for panoptic surveillance. Yet, today, strategies of copyright enforcement have rapidly multiplied, each strategy more invasive than the last.
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That law, including intellectual property law, must preserve.Ī few years ago, it was fanciful to imagine a world where intellectual property owners - such as record companies, software owners, and publishers - were capable of invading the most sacred areas of the home in order to track, deter, and control uses of their products. Other hand, the individual’s privacy sphere is one of the most important values and personal freedoms Scientific creation and the protection of the investments is an ICT industry’s legitimate interest –, on the If, on the one hand, the enforcement of intellectual property isĪ laudable activity – since the recognition of economic exclusive rights is an incentive to artistic or The present chapter is to understand the relationship between anti-piracy oriented private electronic Perspective, security and privacy concerns are the major barriers to contracting on-line.
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The industry point of view, new digital technologies, left unregulated, may allow a free flow of informationĪnd unauthorized access to contents both from consumers or competitors from the consumers’
Nevertheless, they are two main concerns of the e-commerce stakeholders. In cyberworld, intellectual property rights and the right to informational self determination have become
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