Wikileaks and the PROTECT-IP act: A new public-private threat to the internet commons

Daedalus

Volumn 140, Issue 4, 2011, Pages 154-164

  Benkler, Yochai ^a  

^a NONE

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EID: 80053242467     PISSN: 00115266     EISSN: 15486192     Source Type: Journal    
DOI: 10.1162/DAED_a_00121     Document Type: Article

References (19)

1. Combating Online Infringements and Counterfeits Act of 2010, 111th Cong., 2nd. sess., September 20, 2010, S. 3804.
2. Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011, 112th Cong., 1st. sess., May 12, 2011, S. 968.
3. The description is drawn from the extensively documented study, Yochai Benkler, "A Free Irresponsible Press: WikiLeaks and the Battle Over the Soul of the Networked Fourth Estate," Harvard Civil Rights-Civil Liberties Law Review 46 (2011). The study is also available at http://www.benkler.org/Benkler_Wikileaks_current.pdf.
4. Adam Levine, "Gates: WikiLeaks Don't Reveal Key Intel but Risks Remain," cnn.com, October 16, 2010, http://articles.cnn.com/2010-10-16/us/wikileaks.assessment_1_julian-assange-wikileaks-documents?_s=PM:US.
5. Benkler, "A Free Irresponsible Press," Part III.
6. According to a PayPal executive, "What happened is that on November 27th [the day before WikiLeaks began releasing cables] the State Department, the us government basically, wrote a letter saying that the WikiLeaks activities were deemed illegal in the United States. And so our policy group had to take a decision to suspend the account. It was straightforward from our point of view"; Benkler, "A Free Irresponsible Press," n.146-148.
7. Ibid., Part II.A.
8. Ibid. This information is based on statements by Julian Assange in comments on an early draft of the article.
9. Patrick D. Buckley and Michael J. Meese, "The Financial Front in the Global War on Terrorism," U.S. Army War College Strategic Studies Institute, 2001, http://www.au.af.mil/au/awc/awcgate/army/usma_terrorists_1/2nances.pdf.
10. There are many histories of this long battle. See James Boyle, The Public Domain: Enclosing the Commons of the Mind (New Haven, Conn.: Yale University Press, 2008)
11. Jessica Litman, Digital Copyright: Protecting Intellectual Property on the Internet (Amherst, N.Y.: Prometheus Books, 2001)
12. Yochai Benkler, The Wealth of Networks: How Social Production Transforms Markets and Freedom (New Haven, Conn.: Yale University Press, 2006).
13. Intellectual Property and the National Information Infrastructure: The Report of the Working Group on Intellectual Property Rights (Washington, D.C.: U.S. Department of Commerce, 1995).
14. Digital Millennium Copyright Act of 1998, Public Law 105-304, 105th Cong., 2nd. sess., October 28, 1998.
15. Prioritizing Resources and Organization for Intellectual Property Act of 2008, Public Law 110-403, 110th Cong., October 13, 2008.
16. The Higher Education Opportunity Act of 2008, Public Law 110-315, 110th Cong., August 14, 2008.
17. Mark Sweney, "wpp Blacklists More than 2,000 US Websites," Guardian, June 8, 2011, http://www.guardian.co.uk/media/2011/jun/08/wpp-groupm-sir-martin-sorrell.
18. "BitTorrent.com and Archive.org Blacklisted as Pirate Sites by Major Advertiser," Torrent- Freak, October 6, 2011, http://torrentfreak.com/bittorrent-com-and-archive-org-blacklisted-as-pirate-sites-110610/.
19. Buckley and Meese, "The Financial Front in the Global War on Terrorism."