Key Topics
Using information retrieved, whether retrieved from the Internet or not, requires responsible behavior. The intellectual property rights and privacy of information owners and producers must be respected. Proper use of information touches on complicated and sometimes thorny issues. You need to understand some basic concepts of Copyright and how it affects what you may use from the Internet, as well as print and other sources. You must not plagiarize (of course!), and it is also helpful to build your awareness of how to detect and recognize plagiarism. Filtering information can help sift or block out information from objectionable sources and allow the "good information" to get through. Privacy is an important issue in all facets of life, and the Internet is no exception. Some information should not be shared with others. The guidance provided in this section will help you be a responsible and ethical information user.
Copyright is the exclusive right, granted by law, to make, disseminate, use, and otherwise control copies of a literary, musical, or artistic work. Awareness of the law and "fair use" rules will protect you from errors. Copyright law, as we know it today, is based on a major rewrite that was signed into law in 1976 and that has been amended several times since. The most recent significant amendment was the Digital Millennium Copyright Act of 1998 (DMCA), and was enacted to modernize the law for the digital age. A few smaller amendments have been added more recently.
Copyright law secures for the creator of a creative effort the exclusive right to control who can make copies, or make works derived from the original work. If you create something, and it fits the definition of a creative work, you control who can make copies of it and how they make copies. You can also sell or license this right, or, if you do the work for somebody who hired you to do it, they must buy this right in advance. Nothing done by the U.S. government can be copyrighted inside the USA. Generally, copyright lasts until 70 years after the author dies, or 95 years from first publication if the author cannot be identified. For works published before 1978, the duration of copyright is 28 years, renewable for another 28. Works not protected by copyright are public domain works. The Copyright Extension Act (1997), made extension retroactive for all works still under copyright; works from 1923 that should have passed into the public domain in 1998 were granted an additional 20 years of copyright publication. Thus, no works will be entering the U.S. public domain until 2019. Accordingly, to be sure that a formerly copyrighted work is in the public domain, it would have to have been copyrighted in 1922 or earlier.
One big issue in copyright involves defining what is a creative work. The law requires the work to exist in some tangible form -- it can't just be in your head or sailing through the ether, it has to be on disk, paper, carved in stone (sculpture) or the like. It has to be creative (sometimes difficult to define) which means it can't be just factual data. Just about anything you write, photograph, sculpt, draw, or record is creative as long as it is put in tangible form. For example, anything you write and post to Usenet is probably copyrightable work. Anything you post-process with a computer (like object code) is a derivative work, still copyrighted. You can also do creative editing or collecting work. While facts can't be copyrighted, clever or original organization of the facts can be. This is called a compilation copyright and it's more complex. You cannot copyright something somebody else did without their permission (of course!), or derive your work from their work. The bottom line: the only safe assumption to make is that everything is copyrighted, unless you have definite knowledge that it is not covered, such as materials published by the U.S. government.
In its simplest form making copies is making copies. Computers have added some complications, like the temporary copies in packet buffers or on screens, and copies left on backup tape. You can, however, assume that just about any computerized operation on a work involves copying it. Simply stated, the copyright holder has the authority to grant permission for copying. Always comply with the wishes of the author, and seek the appropriate permissions. There is a complex doctrine associated with copyright law that allows certain types of copying without permission in areas where it is felt that important social principles would be otherwise violated. The "fair use" doctrine lets, for example, a teacher quote excerpts from a copyrighted work to illustrate writing quality. This means that if you are doing things like commenting on a copyrighted work, teaching about it, or researching it, you can make some limited use of the work without permission.
Many libraries provide guidance and tips on fair use and copying to their users. See, for example, "Principles of Copyright Law for JFSC Faculty and Staff," which the library at the Joint Forces Staff College offers for its staff. Several resources listed in Related Resources provide checklists with which a user can evaluate fair use compliance in considering copying or using copyrighted works.
Some people think fair use is a wholesale license to copy if you don't charge or if you are in education, and it isn't! If you want to republish other materials without permission and think you have a fair use defense, you should read the more detailed discussions in the sources found in Related Resources. When in doubt, follow a simple rule when it comes to using, reproducing, or re-distributing and publishing: if you didn't write or originate the material, ask the creator for permission.
A new Web search tool was recently made available by the U.S. Copyright Office to help identify who owns copyrights to books, movies, and other works. The tool (located at http://www.copyright.gov/records/) is intended to serve as a faster way to determine who exactly owns the copyright of works registered since 1978.
Pay attention to copyright warning notices posted at copying machines and CD-ROM workstations located in libraries and commercial copy shops. These warnings notify users that they are liable for copyright infringement. When using electronic resources licensed by libraries, you will find similar warnings regarding any restrictions on use of those sources. These restrictions usually relate to re-distribution and downloading.
There are a few DON Instructions related to copyright to be aware of (see Related Resources). SECNAVINST 5870.6 provides guidance on conditions under which copyright protection subsists in works of authorship prepared or originated by DON employees. SECNAVINST 5870.5 states the procedures for obtaining permissions from copyright owners for use of copyrighted materials in DoN. SECNAVINST 5870.4 states policy and procedures for use of copyrighted sound and video recordings within DON.
Identity Theft is a major and growing concern both for citizens and for law enforcement. As use of the Internet grows, so do the possibilities for loss of one's identity. That can result in many problems, including financial, emotional, and personal. The federal government is very serious in it's approach to preventing and prosecuting Identity theft and identity fraud. Many thefts occur as a result of a scam. The scam usually requests that the user provide credit card information, a social security number, or both. Some things to note:
If a deal sounds too good to be true, it probably is.
If you are promised a large sum of money for a small investment on your part, you may be scammed.
If you think you have received a SCAM, please forward the ENTIRE email to the Federal Trade Commission or the FBI. They can verify the authenticity of the request and advise you.Contact the FBI at http://www.ifccfbi.gov or your local State Attorney General's office.
The Department of Justice provides a good starting point http://www.usdoj.gov/criminal/fraud/idtheft.html This site provides definitions, information to prevent and protect against identity theft and identity fraud, legal remedies, criminal prosecution data, and additional resources.
The Federal Trade Commission has an good resource to help one understand the problem and protect oneself from becoming a victim of Identity Theft. The Federal Trade Commission site is http://www.consumer.gov/idtheft/ Here you'll find how to understand if you are being scammed, or are being "phished." They provide the means to report the problems and minimize the results.
The FTC, the nation’s consumer protection agency, suggests these tips to help you avoid getting hooked by a phishing scam:
Plagiarism is using the ideas and words of others without clearly acknowledging the source of that information. Plagiarism, in addition to unauthorized use of copyrighted works, is a critical issue not just for schools and academia, but in all walks of life as more and more information resources become easily accessible via the Internet. A recent Rutgers University study found that the Web definitely makes plagiarism easier for students and underscores the need to teach students about copyright and information ethics. In the Rutgers study, 54 percent of the high school students surveyed plagiarized from the Internet; it also determined that students who have plagiarized in the past may be using the Internet to take even more information that is not their own.
Colleges and universities are seeking new software for detecting Internet plagiarism and for blocking cheating on laptops. For example, the University of North Carolina and Clemson University are testing software that prevents students who are taking computer-based tests from accessing another program on that computer and hiding test answers in email messages. The University of Virginia has established a Center for Studying Plagiarism, and maintains a Web site to help reduce the impact of plagiarism on education. Free plagiarism detection software is also available at the site (see Related Resources).
Most teachers and professors state that plagiarism starts with sloppy note taking. From the beginning, as you research a topic whether for work or school, take careful notes with the idea that what you actually note or copy may well turn out to be information that should be attributed to its originator. A recommended practice is to color-code notes according to information you are paraphrasing, and information you are directly quoting or copying. (See Sharon Williams, Hamilton College in Related Resources).
You also need to be alert to plagiarism committed by others, in other words, recognizing, detecting, and perhaps even tracking down information plagiarized by others that you in turn might wish to cite or use. Two of the Related Resources cited in this section are particularly helpful in offering hints for recognizing plagiarism. Lisa Hinchliffe provides tips on watching for unusual formatting, including quotes without bibliographic citations, for example. Robert Harris lists ways to search the Web for verifying sources of information, and provides a list of commercial plagiarism detectors, such as Integriguard and Eve. A rather new search engine, FindSame (findsame.com), allows users to search for documents using large pieces of text rather than keywords, and will return pages that contain at least a few sentences that appear on that page. Besides being a way to discover plagiarism, this engine also provides a way to see if you have the most recent version of a document or to see how speeches are being quoted online.
Filtering is blocking or restricting access to Internet content usually for protection of children from harmful material, such as pornography, but also to exclude material prohibited by state and federal criminal statutes. There are basically two types of filters for restricting access currently on the commercial market: filters blocking content containing disapproved words, and filters blocking access to a compiled list of disapproved sites. In addition, most filtering software can operate in a hidden mode so that users aren't aware that content is being selected out. Filters are controversial because they rarely eliminate all of the information deemed unsavory (pornography and obscenity) and often eliminate material that is desired. In fact, the American Library Association does not endorse the use of filtering software in public libraries because they are known to block legal material that library users may find useful for their jobs, studies, health and other needs. Instead, the Association urges public libraries to develop and post codes of conduct that define appropriate use of library computers and the Internet, and offer good Internet training classes for children and parents.
The Children's Internet Protection Act went into effect April 20, 2001. It sets Internet-safety requirements for public schools and libraries that receive certain federal funding. By October 2001, libraries receiving federally discounted telephone rates for Internet access (the 'e-Rate') will have to comply with the law or certify the steps they plan to take to comply. Libraries must decide to install filtering technology by July 2002 in order to be eligible for continued federal funds. The American Library Association is challenging the Act.
The Computer Professionals for Social Responsibility (CPSR) offers at its Web site a comprehensive overview of filters and filtering with detailed discussion of the types of software and their capabilities and effectiveness. (See Related Resources). This site explains the two types of content filters: stand-alone systems or software with mechanisms for determining which sites should be blocked, along with software to do the filtering, all provided by a single vendor; and protocol-based systems--tools that use established standards for communicating ratings information across the Internet. These filters do not contain any information regarding which sites (or types of sites) should be blocked, rather they simply know how to find this information on the Internet, and how to interpret it. Stand-alone systems limit users to decisions made by the software vendor, although some let users or installers remove sites. Protocol-based systems provide users with a choice between alternative ratings systems. Stand-alone systems use some combination of two approaches to evaluate content: 1) lists of unacceptable (or acceptable) sites, and 2) keyword searches.
As the CPSR site points out, there are many useful applications of filters. Book reviews, movie ratings, Internet search engines, and discussions with trusted friends and colleagues play a valuable role in helping us in finding the information we need. Unfortunately, Internet content filters cannot always provide the contextual information and range of choices necessary for informed decision making. By blocking access before users have any real information about the sites being blocked, these filters place users at the mercy of the filtering software.
Filtering is a controversial area, perhaps the censorship issue of the digital age. Awareness of its controversial aspects makes us more informed information users.
Surveys indicate that privacy is the number one concern of Internet users, and the main reason people choose not to use it. Experience indicates they are right to be concerned. While user privacy faces threats from both private and government intrusions, the existing laws and practices often fail to provide comprehensive protection. Instead, they sometimes cause confusion, distrust and skepticism. In the information age, personal information has become a valued commodity that is captured and compiled, bought and sold in ways never before imagined. Businesses have been formed solely to collect and distribute sensitive information that individuals once viewed as under their exclusive control: medical records, financial transactions, personal shopping habits, credit records. As our wallets become "e-wallets," the confidentiality of our communications and personal information becomes much easier to compromise.
Here are some basic guidelines from the Center for Democracy and Technology on protecting your privacy on the Internet (See Related Resources for citation to the Center's complete guide).
The Online Privacy Guide by Bruce Stewart (See Related Resources) provides instructions on how to actually carry out some of the above recommendations, such as how to keep your email private, browse undercover, and deal with spam. Privacy of medical information is a major concern with many people feeling access is just too easy. Links to many sources of good information, such as how to protect your personal medical records, how to determine who has requested your records, and what new protective legislation is coming, can be found at The Electronic Privacy Information Center - Medical Record Privacy (see Related Resources).
To target children effectively, commercial Web sites often collect personal, private information from children such as their names, home and e-mail addresses, phone numbers, hobbies, information bout parents, favorite music, even a pet's name. The Children's Online Protection Act (COPA) was enacted into law in 1996. The national Commission on Online Child Protection was formed in 1998 to study methods to protect minors from harmful material on the Internet. (See the commission's report in Related Resources).
Spam or unsolicited commercial email (UCE) is what we used to call "junk mail" when it came in the form of letters via the U.S. Postal service Spam is basically an unsolicited attempt to get you to buy products or services online. They may suggest you refinance your mortgage, buy prescription drugs, or even finance a money transaction from one country to another.
Spam is widespread because it is cheap and easy to use. With a small effort, many thousands of computer users can be sent a message. If only a small percentage of the readers buys the product, the seller makes money. Spam is often difficult to detect with filters because the sellers may be wise enough to disguise their subject line and their return online address. What can you do to keep Spam from becoming an even bigger problem.
WAYS TO CURB SPAM
The Copyright Law is available in a small printed volume from the Superintendent
of Documents, and is also in PDF form at the Copyright Office's Web site:
http://www.copyright.gov/title17/
Access -- Intellectual Property Law Server
http://www.intelproplaw.com
This site has articles, links and indexes on a wide variety of intellectual
property law topics, all linked to a handy index. The index has sections on
general intellectual property, computer, and Internet law, as well as international
intellectual property law.
Copyright Clearance Center
http://www.copyright.com
The Copyright Clearance Center provides a service to help with negotiation for
fee-based or free use of copyrighted works.
American Library Association
http://www.ala.org/ala/washoff/WOissues/copyrightb/copyright.htm
Good source for current and comprehensive coverage of copyright guidelines,
practices, and issues.
Complete World Copyright Website
http://www.compilerpress.atfreeweb.com
Provided by the Compiler Press (Saskatchewan, Canada), this site is a compilation
of deep links to Web pages on copyright. Search engine facilitates locating
information by country, media, etc. on a full range of copyright topics.
Cyber Law - Copyright
http://www.cyberlaw.com/
Some laws are specific to the use of materials in cyberspace. Read about them
here.
Digital Millennium Copyright Act
http://en.wikipedia.org/wiki/DMCA
The latest rulings on copyright as outlined in the Digital Millennium Copyright
Act.
Enghagen, Linda K., compiler, Fair Use Guidelines for Educators (Washington, D.C., National Education Association, 1997). As the title indicates, these are guidelines established by educators, copyright holders and others, that "offer educators and copyright owners a measure of certainty by establishing a benchmark for acceptable fair use." (p. 8)
Federal Register Text of Digital Copyright Ruling
http://www.copyright.gov/fedreg/2000/65fr64555.html
What federal rulings have impacted copyright, as listed in the Congressional
Record.
Fishman, Stephen, The Public Domain: How to Find and Use Copyright-free Writings,
Music, Art and More, (Nolo.com, January 2001)
Fishman, an attorney, discusses public domain, and how to locate various types
of public domain works.
Harper, Georgia, "Copyright Endurance and Change," Journal of Electronic
Publishing, July 2001
http://www.press.umich.edu/jep/07-01/harper.html
This excellent article, originally published and reprinted at this Web site
with permission from Educause Review, volume 35, Number 6, 2000, provides an
excellent overview of some key copyright issues in the digital environment -
licenses and access controls and technology.
Hemmes, Thomas, M.S., et al., A Guide to Copyright Issues in Higher Education, (Washington, D.C., National Association of College and University Attorneys, 1997). A publication intended to "discuss how colleges and universities can protect themselves and their employees from liability for copyright infringement." (p.1)
Indiana University, Copyright Management Center
http://www.copyright.iupui.edu/
Excellent coverage on how to give and get copyright permissions, Fair Use, special
rules for special media, and current issues. Managed by Dr. Kenneth D. Crews,
a leading authority on copyright, and author of, Copyright Essentials for Librarians
and Educators
(Chicago, American Library Association, 2001).
Kennedy, Shirley Duglin, Web Design that Won't Get You Into Trouble, Computers in Libraries (21(6) June 2001) (http://www.infotoday.com/cilmag/jun01/kennedy.htm)
SECNAVINST 5870.6 Copyright in Works of Authorship Prepared by DON Personnel
SECNAVINST 5870.5 Permission to Copy Materials Subject to Copyright
SECNAVINST 5870.4 Copyrighted Sound and Video Recordings
http://neds.daps.dla.mil/
10 Big Myths about Copyright Explained
http://www.clari.net/brad/copymyths.html
Brief discussion of common myths or misconceptions about copyright on the Internet
by a publisher of an electronic newspaper.
Texas University, Crash Course in Copyright
http://www3.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
Great, easy to use tutorials on all aspects of copyright.
Trossow, Samuel E., "When is a Use a Fair Use? University Liability for Educational Copying," portal: Libraries And the Academy, vol.1, No.1 (2001), 47-57.
United States. Copyright Office. Library of Congress
http://www.copyright.gov
The authoritative, comprehensive information source for all aspects of copyright.
Includes FAQs, coverage of current legislative matters, and links to the Copyright
Office's publications.
University of Rochester, Fair Use Analysis Worksheet
http://www.library.rochester.edu/copyright/wksheet.htm
A brief and very useful introduction to the four factors central to copyright
fair use.
Anti-Plagiarism Strategies for Research Papers, by Robert Harris
http://www.virtualsalt.com/antiplag.htm
An article by the author of the book, Plagiarism Handbook, gives tips on recognizing
plagiarism, and suggests ways to verify plagiarism from the Web.
Avoiding Plagiarism, by Sharon Williams
http://www.hamilton.edu/academics/resource/wc/AvoidingPlagiarism.html
Williams, of the Hamilton College Writing Center, provides general advice for
using sources and avoiding plagiarism.
Cut-and-Paste Plagiarism: Preventing, Detecting and Tracking Online Plagiarism,
by Lisa Hichliffe
http://alexia.lis.uiuc.edu/~janicke/plagiary.htm
Good detailed advice in detecting plagiarism.
Plagiarism.org
http://www.plagiarism.org
Although intended for helping educators fight plagiarism, this is an interesting
site that also includes information about technologies related to plagiarism
at its Turnitin.com portal.
Indiana University Writing Resources
http://www.indiana.edu/~wts/pamphlets/plagiarism.shtml
This site gives good strategies for avoiding plagiarism with examples of acceptable
and unacceptable paraphrasing.
University of California at Davis Information on Plagiarism
http://sja.ucdavis.edu/sja/plagiarism.html
This is a section from the University’s Web site on Mastering the Art of Scholarship
and provides detailed guidelines on proper attribution and citing resources
in research.
University of Virginia, Center for Studying Plagiarism
http://plagiarism.phys.virginia.edu/
Developed by Lou Bloomfield, Professor of Physics at the University, who was
inspired to take action against plagiarism at his university.
American Library Association Sources
http://www.ala.org/Template.cfm?Section=ifissues&Template=/ContentManagement/ContentDisplay.cfm&ContentID=29043
This site provides the Association’s view on the use of filters and pointers
to current legislation and developments.
Computer Professionals for Social Responsibility
http://www.cpsr.org/filters/faq.html
This is the Web site for a public-interest alliance of computer scientists and
others concerned about the impact of computer technology on society.
The Internet Filter Assessment Project: A Talking Paper on Internet Filters
http://www.bluehighways.com/tifap/talker.htm
A librarian-led project to take a hard look at Internet content filters from
a librarian's point of view.
Onekey: Filtered Search Engine
http://www.onekey.com/
This is a filtered search engine for users who would like a kid-safe search
engine, or who just want to avoid unrelated search returns with explicit language.
Senate Report Presentation
http://thomas.loc.gov/cgi-bin/cpquery/R?cp105:FLD010:@1(sr226)
This is the report from the United States Senate on use of filters.
Electronic Privacy Information Center
http://www.epic.org
Good basic information with resources, guides, newsletter, and pending legislation.
Expanded Guide to Online Privacy form the Center for Democracy and Technology
http://www.cdt.org/privacy/guide/introduction/
Federal Trade Commission (FTC) Privacy Initiatives
http://www.ftc.gov/privacy
Guenther, Kim, "Pass the Cookies and Uphold the Privacy," Computers
in Libraries, June 2001
This article offers advice on writing a privacy policy statement for a Web site.
Lieb, Thomas, "How About a Little Privacy," Journal of Electronic
Publishing, July 2001
http://www.press.umich.edu/jep/07-01/lieb0701.html
Interesting article from the publishing point of view on best practices for
assuring readers and publisher Web site visitors that personal information is
not being shared without the users' knowledge.
Matthews, William, "The State of Surveillance; Loss of Privacy May Be
E-Government's Price," Federal Computer Week, June 18, 2001
How government stacks up in safeguarding privacy online. (http://www.fcw.com/fcw/articles/2001/0618/cov-main-06-18-01.asp)
Privacy Net
http://www.privacy.net
Specific privacy concerns and tools to combat them.
Privacy Rights Clearinghouse
http://www.privacyrights.org
Cyberspace concerns via a series of fact sheets.
Privacy Rights Now
http://www.privacyrightsnow.com
This site was organized by Ralph Nader and Remar Sutton to highlight the efforts
of non-profit organizations in the area of privacy rights protection. The site
includes a section of 'opt-out' sites and techniques for making less of your
personal information accessible.
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