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The digital rights movement : the role of technology in subverting digital copyright
Postigo H., The MIT Press, Cambridge, MA, 2012. 256 pp. Type: Book (978-0-262017-95-4)
Date Reviewed: Mar 22 2013

The digital rights movement is a subset of the longstanding and broadly based open-source movement. Specifically, it is a direct reaction to the Digital Millennium Copyright Act (DMCA) of 1998, which implemented provisions of various treaties. Particularly controversial were the anti-circumvention provisions that prohibited unlocking or bypassing security features. The author devotes Part 1 of his book to the development of digital public policy and the DMCA. Part 2 discusses several landmark cases in the unfolding of the digital rights movement. No particular technical background is required to read the treatise, and it will be of significant interest to individuals concerned with fair use and the broader social and political issues surrounding access to content.

As the author explains, the digital rights movement has evolved from a consumer movement to a free culture movement, addressing the access to and control of the “cultural commons.” What in fact constitutes public culture or private property has far-reaching implications, especially since the classic role of government has been to protect property. The author discusses the Sklyarov case as a foundational event in the digital rights movement, and its emphasis on fair use, free speech activism, and the coming together of individuals and organizations to promote these themes. Next, the book describes the Bunner case, adding the issues of trade secret status and content distribution to the previous themes. The author also reviews iTunes hacks as a digital rights movement tactic.

Chapter 8, “Structure and Tactics of the Digital Rights Movement,” contains a very informative discussion of social movement organizations (SMOs) in general and the Electronic Frontier Foundation (EFF) in particular. Creative Commons is also addressed, as well as the actions of a variety of activists.

The author notes that the DMCA had limited stakeholder input, while the digital rights movement has increased attention to the issues surrounding access to digital content. It has become a more global collection of individuals and organizations devoted to raising awareness and shaping the future.

Several informative appendices include a list of individuals submitting comments to public hearings and a compendium of the mission statements of digital rights organizations. The notes are adequate but not overwhelming, and the index is complete.

Finally, it is noteworthy that the author acknowledges the power of the anonymous hacker who does not identify with any particular SMO. Individuals have the power to direct attention and support for causes, as well as increase public information. Collectively, the digital rights movement provides the necessary attention to the political and social context in which digital democracy currently functions and will continue to function in the future.

A variety of authors have addressed digital rights, including contemporary issues of Internet freedom, open-source information, and cyber political movements [1,2,3]. These and other similar publications focus on significant issues raised by the present and future digital world. Postigo aptly addresses digital copyright within this context.

Reviewer:  Brad Reid Review #: CR141053 (1306-0499)
1) MacKinnon, R. Consent of the networked: the world-wide struggle for Internet freedom. Basic Books, New York, NY, 2012.
2) Olson, P. We are Anonymous: inside the hacker world of LulzSec, Anonymous, and the global cyber insurgency. Little, Brown and Co., New York, NY, 2012.
3) Greenberg, A. This machine kills secrets: how WikiLeakers, cypherpunks and hacktivists aim to free the world’s information. Dutton, New York, NY, 2012.
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