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252 Internet<br />

information that is available on it so they can guide their<br />

visitors to the subjects that interest them. Other uses of the<br />

Internet, such as peer-to-peer file-sharing networks, allow<br />

users to trade files directly among one another, disseminating<br />

information and entertainment quickly and cheaply. All<br />

of these things contribute to the wealth of ideas available to<br />

people and help empower individuals to improve their<br />

political and economic lives.<br />

The Internet also is increasingly used for commerce.<br />

Many Web sites sell goods or services or carry advertising<br />

that supports their operations. This commercial activity has<br />

restructured economic life in several respects. Internet<br />

retailers like Amazon.com, for example, give consumers<br />

access to a huge variety of goods that no physical retailer<br />

can match. This phenomenon has increased the value of<br />

publishers’ and artists’ “back catalogs.” Past publications<br />

and artworks, no longer found in retail stores or similar outlets,<br />

can often still be purchased online, which has given<br />

rise to the concept of “the long tail”—the long, diverse list<br />

of “unpopular” works and items that make up an increasingly<br />

significant part of society’s consumption.<br />

Online marketplaces like eBay also have wrung inefficiencies<br />

out of the economy. Millions of items that consumers<br />

want, out of season or out of stock in any particular<br />

store, may be found and purchased online. Millions of<br />

items once destined for the trash have found their way to<br />

consumers who want them, at low cost to discover and buy.<br />

Many specialty markets and stores have cropped up online<br />

to give more people access to things they want. A large<br />

number of people supplement their incomes or support<br />

themselves entirely by selling online.<br />

By freeing people to create their own business enterprises,<br />

the Internet is improving the quality of life for millions<br />

of people. This dynamic is fostered somewhat in the<br />

United States by the rules with regard to taxation of goods<br />

sold in remote commerce. Under “dormant Commerce<br />

Clause” analysis, the U.S. Supreme Court has held that<br />

remote sellers of goods cannot be made responsible for the<br />

collection of taxes for the jurisdiction to which the goods<br />

are being sent. Thus, many sellers of goods online do not<br />

have to collect and remit taxes to the governmental jurisdictions<br />

where the purchasers live, relieving sellers of a significant<br />

regulatory burden. This restriction is a challenge to<br />

jurisdictions that would put sales tax collection burdens on<br />

sellers outside their states. But it is just one of many challenges<br />

that the benefits of the Internet create for a number<br />

of institutions and interests.<br />

Beyond taxation, the robust communication enabled by<br />

the Internet represents a threat to governments in a variety<br />

of ways. Autocratic governments are menaced by the<br />

potential that the Internet may be used by political organizations<br />

aimed at seeking reform, which could topple existing<br />

regimes. China is the world’s most notorious Internet<br />

monitor and censor. Its combined efforts to contain the<br />

power of the Internet have been called “the Great Firewall<br />

of China,” although it is far from the only country to control<br />

Internet communications or use the Internet as a tool of<br />

political and social control.<br />

The Internet also can be used for criminal planning and<br />

criminal deeds, and for such things as terrorism planning<br />

and promotion. The U.S. government has reportedly been<br />

aggressive in monitoring communications in the conduct<br />

of its “War on Terror.” IP networks make data easy to collect,<br />

store, and analyze compared with the analog information<br />

on circuit-switched networks of the past. More<br />

information than ever is available to law enforcement and<br />

national security interests in the United States and around<br />

the world because of the Internet and digital communications,<br />

although some rarely used methods of encryption<br />

and routing can protect information from interception and<br />

collection.<br />

In many ways, the Internet is like a giant copying<br />

machine, reproducing information time and time again as<br />

it flows from computer to computer. Many uses of the<br />

Internet challenge or violate copyright law, which vests the<br />

authors of creative works with rights to control the copying,<br />

and thus dissemination and use, of their works. Peerto-peer<br />

file-sharing networks, for example, transfer a good<br />

deal of popular copyrighted material in violation of copyright<br />

law. The content industry, chiefly the recording and<br />

movie industries, have aggressively sought to stem the<br />

flow of their copyrighted content across the Internet. The<br />

Digital Millennium Copyright Act, passed in 1998, sought<br />

in various ways to limit the accessibility of copyrighted<br />

content online.<br />

New business models in traditionally copyright-oriented<br />

sectors have begun to emerge, accommodating the difficulty<br />

of enforcing copyrights online. “Open source” software<br />

development, for example, makes a unique use of<br />

copyright law: Rather than controlling the making of successive<br />

copies, this model makes software available for<br />

copying and use subject to the caveat that any further copy<br />

or derivative work also be available for copying and use<br />

under the same terms. Creators in traditionally copyrightreliant<br />

industries are exploring business model options that<br />

allow them to profit from goods that are complementary to<br />

the expressive works they produce, instead of trying to<br />

profit directly from copyright control.<br />

The Internet and online culture challenge individual<br />

customs and expectations, such as privacy, as well. Just<br />

as it carries copyrighted content, the Internet and Internetconnected<br />

computers prolifically create and distribute personal<br />

information about their users. Analog formats for<br />

communication of the past, such as printing on paper, naturally<br />

made information difficult to copy, transmit, and store.<br />

Societal expectations about privacy evolved consistent with<br />

that. The data collection and copying done by the Internet<br />

threaten the privacy expectations of older generations while

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