ENCYCLOPEDIA OF Espionage, Intelligence, and Security Volume ...

Copyright Securityaspects of U.S. copyright law, are governed by the BerneConvention for the Protection of Literary and Artistic Works,which the United States signed in 1989.The Digital Millennium Copyright Act. As technology haschanged, so has the definition of “writings” under U.S.copyright law. Today the Copyright Act encompassesnot only those forms of expression traditionally understoodas writings, but also architectural designs, works ofgraphic art, motion pictures, sound recordings, and computersoftware. Continued changes in the technology ofcopyrighted material prompted the 1998 passage of theDigital Millennium Copyright Act (DMCA), the most comprehensiveoverhaul of copyright law in a generation.The DMCA endures criticism from detractors whoconsider it as squelching the free exchange of ideas throughthe Internet and electronic media. Although controversial,the DMCA remains law, and as such requires enforcement.Although federal authorities have sole power whereenforcement is concerned, private firms such as BayTSP, adigital detective service, assist the federal government byinterdicting lawbreakers. In addition to law enforcementagencies, Bay TSP’s clientele includes private holders ofintellectual property who pay the company to protect thatproperty against infringements in cyberspace.A steam roller crushes pirated CDs and electronic games during adestruction ceremony at the customs office in Bangkok, Thailand. AP/WIDEWORLD PHOTOS.words, it must be recorded, not existing solely in “live”form. A work need not carry a copyright notice to becopyrighted, nor is registration required. However, copyrightholders wishing to obtain registration may do sothrough the federal agency charged with administeringcopyright, the Copyright Office of the Library of Congressin Washington, D.C.The holder of a copyright has the exclusive right toreproduce, distribute, perform, display, or license his orher work, as well as derivatives of his or her work. Thismeans that others, in order to use all or a portion of thatwork, must obtain permission and, if necessary, pay a feefor use. There are, however, limited exceptions for “fairuse” of copyrighted works, as in a book review.Works published before 1923 are now in the publicdomain, meaning that they no longer hold a copyright,though a particular translation, made more recently, maybe copyrighted. For works published after 1923, there arespecific provisions as to when the item becomes part ofthe public domain. Some of these provisions, and otherUsing an Internet spider (a computer program thatcrawls over the World Wide Web and automatically fetchesWeb pages, for instance for a search engine), BayTSPsearches the Web for lawbreakers. These include, for itsfederal clients, purveyors of child pornography, and for itsprivate clients, users offering electronic files to share.These electronic files may include software, sound recordingsin digital format, or other materials.If BayTSP finds an IP or Internet Protocol address(equivalent to a neighborhood post office on the Internet)at which illegal activity is taking place, under the DMCA, ithas the right to subpoena logs kept by the Internet serviceprovider. These logs will enable it to connect IP addresseswith user accounts. Arrest of lawbreakers may follow,depending on the seriousness of the crime and the degreeof desire for enforcement on the part of the client. Forcompanies interested in maintaining good public relations,that desire may be low, whereas for federal agenciesinvestigating child pornography, enforcement is usuallyswift and severe.❚ FURTHER READING:ELECTRONIC:Cringely, Robert. ”We Can Run, But We Can’t Hide: HowBayTSP Is Enforcing the Digital Millennium.“ PublicBroadcasting System. (February 22, 2003).Forno, Richard. Copyright, Security, and the HollywoodHacking Bill. (February 22, 2003).272 Encyclopedia of Espionage, Intelligence, and Security