YanFuFirstPaper 13 - 31 Jan 2012 - Main.YanFu
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Making revisions, draft will be finished soon. | | As protest intensified, 19 Senators, mostly Republicans, announced their opposition. At least seven were former co-sponsors of the bill. The legislation stalled in Congress. A floor vote, initially scheduled for January 24, was postponed. Senate Majority Leader Harry Reid urged Senator Leahy, PIPA's main sponsor, to compromise. In the House, further voting on SOPA was placed on hold.
What This Means | |
< < | | > > | (Briefly discuss DMCA and safe harbor, Telecom opposition, why PIPA wasn't going to pass)
The temporary defeat of PIPA/SOPA has been hailed as a victory of protesters and "people power" over Big Media. While public sentiment appeared to be overwhelmingly against the bills, the fight should be characterized more as Media versus Telecom. The movie industry | |
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YanFuFirstPaper 12 - 24 Jan 2012 - Main.YanFu
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Making revisions, draft will be finished soon. | | On January 18, many websites, most prominently Reddit and the English-language version of Wikipedia, participated in a temporary “blackout” to protest SOPA and PIPA. Google, which did not shut down, showed solidarity by altering its logo and linking visitors to information about the bill as well as a petition to be sent to Congress. Twitter was flooded with tweets about SOPA, PIPA, and the blackout. Google's petition garnered more than 4.5 million signatures.
As protest intensified, 19 Senators, mostly Republicans, announced their opposition. At least seven were former co-sponsors of the bill. The legislation stalled in Congress. A floor vote, initially scheduled for January 24, was postponed. Senate Majority Leader Harry Reid urged Senator Leahy, PIPA's main sponsor, to compromise. In the House, further voting on SOPA was placed on hold. | |
> > | What This Means
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YanFuFirstPaper 11 - 23 Jan 2012 - Main.YanFu
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< < | Making revisions, draft will be finished on 1/22 | > > | Making revisions, draft will be finished soon. | | But not fast enough. As
it is now clear that I was correct in my original comments below,
you've got more than a little bit of revising to do. In fact, as I | | The Response | |
< < | Towards the end of 2011, opposition to PIPA and SOPA began to ramp up | > > | Towards the end of 2011, opposition to PIPA and SOPA began to ramp up. Social media was bombarded with (often ill-informed) pleas and protests against the bill. On November 16, 2011, as SOPA was being discussed in committee, many Internet companies participated in "American Censorship Day" and displayed black banners that said "STOP CENSORSHIP." | | | |
> > | On January 18, many websites, most prominently Reddit and the English-language version of Wikipedia, participated in a temporary “blackout” to protest SOPA and PIPA. Google, which did not shut down, showed solidarity by altering its logo and linking visitors to information about the bill as well as a petition to be sent to Congress. Twitter was flooded with tweets about SOPA, PIPA, and the blackout. Google's petition garnered more than 4.5 million signatures.
As protest intensified, 19 Senators, mostly Republicans, announced their opposition. At least seven were former co-sponsors of the bill. The legislation stalled in Congress. A floor vote, initially scheduled for January 24, was postponed. Senate Majority Leader Harry Reid urged Senator Leahy, PIPA's main sponsor, to compromise. In the House, further voting on SOPA was placed on hold. | | |
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YanFuFirstPaper 10 - 22 Jan 2012 - Main.YanFu
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< < | Making revisions | > > | Making revisions, draft will be finished on 1/22 | | But not fast enough. As
it is now clear that I was correct in my original comments below,
you've got more than a little bit of revising to do. In fact, as I | | is to get the other two pillars underneath the revised structure.
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> > | The Response
Towards the end of 2011, opposition to PIPA and SOPA began to ramp up | |
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YanFuFirstPaper 9 - 22 Jan 2012 - Main.EbenMoglen
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Making revisions | |
> > | But not fast enough. As
it is now clear that I was correct in my original comments below,
you've got more than a little bit of revising to do. In fact, as I
said (not making a difficult prediction of any kind) this was never
legislation that was going to go anywhere, but rather an
election-cycle fund-raising device concocted between former-Senator
Chris Dodd, now MPAA's chief, and Senator Patrick Leahy to fund the
Democratic Senatorial campaign coffers using Google's money. Even
just going back now and explaining what happened instead of talking
about the ridiculous provisions of the Hollywood wish list that not
only aren't going to happen this time but are now not going to happen
next time either, would be progress. Better still would be
explaining why, no matter what happens, the DNS stuff will never
happen. That requires getting past the silly literal analysis of
silly legislative provisions, too, and looking at
government-to-government relations concerning the Net overall.
| | PROTECT IP Act: Using Domain Name Tactics to Enforce Intellectual Property Rights
-- By YanFu - 13 Nov 2011 |
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YanFuFirstPaper 7 - 28 Nov 2011 - Main.EbenMoglen
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< < | Ready for editing | | PROTECT IP Act: Using Domain Name Tactics to Enforce Intellectual Property Rights
-- By YanFu - 13 Nov 2011 | |
< < | In May 2011, Senator Patrick Leahy (D-VT) introduced S.968, The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011, also known as the Protect IP Act. The bill's goal is to give the government and copyright holders an extra weapon to fight websites that contain copyright-infringing content. The Act is a re-write of the Combating Online Infringement and Counterfeits Act (COICA) introduced by Leahy in 2010, which passed the Senate Judiciary Committee but never made it onto the Senate floor. | > > | In May 2011, Senator Patrick Leahy (D-VT) introduced S.968, The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011, also known as the Protect IP Act.
Did you check to see that the Thomas link was good? Thomas searches are deleted 30 minutes after they are made, so your link was broken within minutes of your making it.
The bill's goal is to give the government and copyright holders an extra weapon to fight websites that contain copyright-infringing content. The Act is a re-write of the Combating Online Infringement and Counterfeits Act (COICA) introduced by Leahy in 2010, which passed the Senate Judiciary Committee but never made it onto the Senate floor. | | Private corporations and other rights holders want the ability to shut down unauthorized websites where Internet users could download movies, television shows, music, and video games. Websites offering pirated digital content record about 53 billion hits per year. Many of these sites are hosted outside of the United States. The PROTECT IP Act gives the Department of Justice the power to seek an injunction or restraining order against an allegedly infringing website. The government can then use that order to force search engines, certain Domain Name System providers, and advertising companies to unlist the target web site and stop financial transactions with it. An operator of a domain name server would be compelled to “ take the least burdensome technically feasible and reasonable measures designed to prevent the domain name described in the order from resolving to that domain name's Internet protocol address.” Links or users that type in the website's domain name into their browsers would not reach it, but the website would still be able to be accessed using its IP address.
The bill also creates a private right of action. A copyright holder can seek an injunction blocking "financial transaction providers" and "internet advertising services" from doing business with the targeted site.
There are serious issues with this legislation. PROTECT IP infringes on due process. Under the Digital Millennium Copyright Act (DMCA), an Internet Service Provider (ISP) or host (such as YouTube? ) must promptly comply with a take-down notice regarding potential infringement. However, the alleged infringer has the option to send a counter-notice if she has a good faith belief that the content was taken down unfairly. If the content owner takes no further action, then the ISP or host is then required to put the material back up within two weeks. | |
< < | PROTECT IP lacks the due process protections of the DMCA. Once a site has been identified as an infringer, payment processors and advertising networks are forced to cut off service, effectively blacklisting the site before it has been convicted of any wrongdoing. The bill does not require notice or a proper hearing before action is taken. This places an undue burden on those associated with the site to prove their innocence. Unlike under the DMCA, where the host has the incentive to put the content back up pending further action and review, website proprietors won't even get a chance to respond until they've already been shut down. | > > | PROTECT IP lacks the due process protections of the DMCA.
This might have been the
place to put the real observation, instead of all the solemn
repetition of the content of legislation that you could have linked
to easily. (For example, at the CRS summary if your Thomas link
hadn't been broken.) The real point is that the movie industry,
which is the primary party in interest here, has given up on the deal
it made in the DMCA, for safe harboring the ISPs and search engines,
and is now trying to take away their statutory due process, the
safe harbor. That explains both the foolish aggressiveness of their
bill, and the reasons for its political impossibility.
Once a site has been identified as an infringer, payment processors and advertising networks are forced to cut off service, effectively blacklisting the site before it has been convicted of any wrongdoing. The bill does not require notice or a proper hearing before action is taken. This places an undue burden on those associated with the site to prove their innocence. Unlike under the DMCA, where the host has the incentive to put the content back up pending further action and review, website proprietors won't even get a chance to respond until they've already been shut down. | | Furthermore, when domain name tactics are used against websites with a mix of lawful and unlawful content, the entire website is affected. This broad approach contrasts with the notice-and-takedown regime of the DMCA, which is used to target specific infringing content. This could also lead to censorship of the Internet, even where infringement isn't taking place. For example, a video content host such as YouTube? might have to approve videos in advance or risk legal action. YouTube? may err on the side of caution in order to protect itself. Research has shown that, where heavy legal liability is placed on companies, employees tasked with self-censorship have a strong incentive to over-censor. PROTECT IP would have a chilling effect on free speech. For instance, an author may be targeted even when his use of another's work counts as “fair use.” However, the lack of protections in the PROTECT IP Act combined with the potentially prohibitive cost of litigation may ensure that, even when the targeted website proprietor could win in court, the site remains blacklisted. Some parties may also take advantage of the Act to censor negative information about them. For example, in 2008, the Church of Scientology issued a copyright violation claim against YouTube under the DMCA after an interview video with Tom Cruise appeared on the site. Claiming that the video came from a longer recruiting pitch for new members, and that it was pirated and edited from copyright material, the Church demanded the removal of the video. If the PROTECT IP Act passes, other groups could use its provisions to remove information that is critical of them. This could be a highly effective legal tactic against defendants without the financial resources or will to fight back. | | The government may have legitimate interests in fighting unlawful internet activity, but the costs and risks of the PROTECT IP Act must be seriously weighed against any additional benefits it has over current legislation. | |
> > | This draft is an
exercise in unrealism. It spends most of its time repeating details
of the bill that could be communicated with much greater brevity
followed by a citation, and offering truthful but largely irrelevant
arguments about the shotgun-style overinclusiveness of the language.
It does not offer realistic analysis of either the industrial
landscape or the political situation. It mentions COICA but doesn't
point out that the movie industry always has a bill, that the
Democrats (and even the House Republicans when in control) always
take bribes for initiating, but only rarely will or can complete. In
the present instance—where the movie industry is essentially
trying to renege on the DMCA safe-harbor deal, thus ensuring the
opposition of the Google-Verizon syndicate and the other telecomms
and searchers, along with the NGOs and most of the Silicon Valley
Viet Cong— neither the Senate version of this nonsense nor the
House version (SOPA) will move. In a Presidential election year such
stuff is easy to stop even without such a formidable collection on
the other side. But many bribes can be collected on all sides, and
the movie industry will have its marker down with whoever controls
Congress next time around. Writing about this as though it were bad
legislation is sort of tautological: it's supposed to be bad
legislation.
What you don't say on the DNS issue is probably more important than
what you do say, anyway. The DNS seizures recently engaged in by DoJ
on behalf of the movie industry bribers have caused trouble to the
White House in international Internet policy, because they remind
everyone that the root servers are still under US despotic control.
Heavy-handed extraterritorialism in the DNS context on behalf of one
tiny US industry sector helps to destabilize a regime which favors
the US completely and leaves everyone else out in the cold.
You might also have said something about the technical uselessness of
DNS censorship, too. Without the plainly unconstitutional
requirement that search engines not find things, DNS censorship
doesn't even prevent casual traffic, let alone serious efforts by
frequent users, all of whom know the IP addresses of the places that
help them share.
Overall, this draft is a fairly clear illustration of what goes wrong
when legal analysis is not combined with political and technical
understanding. The clear route to the improvement of the next draft
is to get the other two pillars underneath the revised structure.
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< < |
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
To restrict access to your paper simply delete the "#" on the next line:
# * Set ALLOWTOPICVIEW = TWikiAdminGroup, YanFu
Note: TWiki has strict formatting rules. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of that line. If you wish to give access to any other users simply add them to the comma separated list | > > | |
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YanFuFirstPaper 6 - 17 Nov 2011 - Main.YanFu
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< < | Not ready for editing | > > | Ready for editing | | | |
< < | PROTECT IP Act
-- By YanFu - 27 Oct 2011 | > > | PROTECT IP Act: Using Domain Name Tactics to Enforce Intellectual Property Rights
-- By YanFu - 13 Nov 2011 | | In May 2011, Senator Patrick Leahy (D-VT) introduced S.968, The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011, also known as the Protect IP Act. The bill's goal is to give the government and copyright holders an extra weapon to fight websites that contain copyright-infringing content. The Act is a re-write of the Combating Online Infringement and Counterfeits Act (COICA) introduced by Leahy in 2010, which passed the Senate Judiciary Committee but never made it onto the Senate floor. | | There are serious issues with this legislation. PROTECT IP infringes on due process. Under the Digital Millennium Copyright Act (DMCA), an Internet Service Provider (ISP) or host (such as YouTube? ) must promptly comply with a take-down notice regarding potential infringement. However, the alleged infringer has the option to send a counter-notice if she has a good faith belief that the content was taken down unfairly. If the content owner takes no further action, then the ISP or host is then required to put the material back up within two weeks.
PROTECT IP lacks the due process protections of the DMCA. Once a site has been identified as an infringer, payment processors and advertising networks are forced to cut off service, effectively blacklisting the site before it has been convicted of any wrongdoing. The bill does not require notice or a proper hearing before action is taken. This places an undue burden on those associated with the site to prove their innocence. Unlike under the DMCA, where the host has the incentive to put the content back up pending further action and review, website proprietors won't even get a chance to respond until they've already been shut down. | |
< < | The bill could also lead to censorship of the Internet, even where infringement isn't taking place. For example, a video content host such as YouTube? might have to approve videos in advance or risk legal action. YouTube? may err on the side of caution in order to protect itself. Research has shown that, where heavy legal liability is placed on companies, employees tasked with self-censorship have a strong incentive to over-censor. | > > | Furthermore, when domain name tactics are used against websites with a mix of lawful and unlawful content, the entire website is affected. This broad approach contrasts with the notice-and-takedown regime of the DMCA, which is used to target specific infringing content. This could also lead to censorship of the Internet, even where infringement isn't taking place. For example, a video content host such as YouTube? might have to approve videos in advance or risk legal action. YouTube? may err on the side of caution in order to protect itself. Research has shown that, where heavy legal liability is placed on companies, employees tasked with self-censorship have a strong incentive to over-censor. PROTECT IP would have a chilling effect on free speech. For instance, an author may be targeted even when his use of another's work counts as “fair use.” However, the lack of protections in the PROTECT IP Act combined with the potentially prohibitive cost of litigation may ensure that, even when the targeted website proprietor could win in court, the site remains blacklisted. Some parties may also take advantage of the Act to censor negative information about them. For example, in 2008, the Church of Scientology issued a copyright violation claim against YouTube under the DMCA after an interview video with Tom Cruise appeared on the site. Claiming that the video came from a longer recruiting pitch for new members, and that it was pirated and edited from copyright material, the Church demanded the removal of the video. If the PROTECT IP Act passes, other groups could use its provisions to remove information that is critical of them. This could be a highly effective legal tactic against defendants without the financial resources or will to fight back. | | | |
< < | Section I | > > | There are also potential economic harms resulting from the passage of PROTECT IP. Compliance with the Act would require additional spending by Internet companies to hire staff and implement technologies to monitor and censor content. This would create additional financial burdens and legal risks for start-ups and could prove to be an obstacle for the formation of new companies. Furthermore, since the system encourages self-censorship, ISPs that also create online content may use it to harm their competitors by strictly enforcing potential infringements against them. | | | |
< < | Subsection A
Subsub 1
Subsection B
Subsub 1
Subsub 2
Section II
Subsection A
Subsection B | > > | The government may have legitimate interests in fighting unlawful internet activity, but the costs and risks of the PROTECT IP Act must be seriously weighed against any additional benefits it has over current legislation. | |
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YanFuFirstPaper 5 - 17 Nov 2011 - Main.YanFu
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| | PROTECT IP Act
-- By YanFu - 27 Oct 2011 | |
< < | In May 2011, Senator Patrick Leahy (D-VT) introduced S.968, The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011, also known as the Protect IP Act. The bill's goal is to give the government and copyright holders an extra weapon to fight websites that contain copyright-infringing content. The Act is a re-write of the Combating Online Infringement and Counterfeits Act (COICA) introduced by Leahy in 2010, which passed the Senate Judiciary Committee but never made it onto the Senate floor. | > > | In May 2011, Senator Patrick Leahy (D-VT) introduced S.968, The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011, also known as the Protect IP Act. The bill's goal is to give the government and copyright holders an extra weapon to fight websites that contain copyright-infringing content. The Act is a re-write of the Combating Online Infringement and Counterfeits Act (COICA) introduced by Leahy in 2010, which passed the Senate Judiciary Committee but never made it onto the Senate floor. | | | |
< < | Private corporations and other rights holders want the ability to shut down unauthorized websites where Internet users could download movies, television shows, music, and video games. Many of these sites are hosted outside of the United States. The PROTECT IP Act gives the U.S. Department of Justice the power to seek | > > | Private corporations and other rights holders want the ability to shut down unauthorized websites where Internet users could download movies, television shows, music, and video games. Websites offering pirated digital content record about 53 billion hits per year. Many of these sites are hosted outside of the United States. The PROTECT IP Act gives the Department of Justice the power to seek an injunction or restraining order against an allegedly infringing website. The government can then use that order to force search engines, certain Domain Name System providers, and advertising companies to unlist the target web site and stop financial transactions with it. An operator of a domain name server would be compelled to “ take the least burdensome technically feasible and reasonable measures designed to prevent the domain name described in the order from resolving to that domain name's Internet protocol address.” Links or users that type in the website's domain name into their browsers would not reach it, but the website would still be able to be accessed using its IP address.
The bill also creates a private right of action. A copyright holder can seek an injunction blocking "financial transaction providers" and "internet advertising services" from doing business with the targeted site.
There are serious issues with this legislation. PROTECT IP infringes on due process. Under the Digital Millennium Copyright Act (DMCA), an Internet Service Provider (ISP) or host (such as YouTube? ) must promptly comply with a take-down notice regarding potential infringement. However, the alleged infringer has the option to send a counter-notice if she has a good faith belief that the content was taken down unfairly. If the content owner takes no further action, then the ISP or host is then required to put the material back up within two weeks.
PROTECT IP lacks the due process protections of the DMCA. Once a site has been identified as an infringer, payment processors and advertising networks are forced to cut off service, effectively blacklisting the site before it has been convicted of any wrongdoing. The bill does not require notice or a proper hearing before action is taken. This places an undue burden on those associated with the site to prove their innocence. Unlike under the DMCA, where the host has the incentive to put the content back up pending further action and review, website proprietors won't even get a chance to respond until they've already been shut down.
The bill could also lead to censorship of the Internet, even where infringement isn't taking place. For example, a video content host such as YouTube? might have to approve videos in advance or risk legal action. YouTube? may err on the side of caution in order to protect itself. Research has shown that, where heavy legal liability is placed on companies, employees tasked with self-censorship have a strong incentive to over-censor. | | Section I |
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YanFuFirstPaper 4 - 16 Nov 2011 - Main.YanFu
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< < | Anon is Everywhere: Political Change through Hacking | > > | PROTECT IP Act | | -- By YanFu - 27 Oct 2011 | |
< < | Anonymous is a decentralized hacker group that initiates and encourages active civil disobedience. Originating earlier | > > | In May 2011, Senator Patrick Leahy (D-VT) introduced S.968, The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011, also known as the Protect IP Act. The bill's goal is to give the government and copyright holders an extra weapon to fight websites that contain copyright-infringing content. The Act is a re-write of the Combating Online Infringement and Counterfeits Act (COICA) introduced by Leahy in 2010, which passed the Senate Judiciary Committee but never made it onto the Senate floor.
Private corporations and other rights holders want the ability to shut down unauthorized websites where Internet users could download movies, television shows, music, and video games. Many of these sites are hosted outside of the United States. The PROTECT IP Act gives the U.S. Department of Justice the power to seek | | Section I
Subsection A |
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YanFuFirstPaper 3 - 03 Nov 2011 - Main.YanFu
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< < | It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | | Not ready for editing | |
< < | Paper Title | > > | Anon is Everywhere: Political Change through Hacking | | -- By YanFu - 27 Oct 2011 | |
< < | | > > | Anonymous is a decentralized hacker group that initiates and encourages active civil disobedience. Originating earlier | | Section I
Subsection A |
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YanFuFirstPaper 2 - 02 Nov 2011 - Main.YanFu
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< < | | | It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | | It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted. | |
> > | Not ready for editing | | Paper Title
-- By YanFu - 27 Oct 2011 |
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YanFuFirstPaper 1 - 27 Oct 2011 - Main.YanFu
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META TOPICPARENT | name="FirstPaper" |
It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.
Paper Title
-- By YanFu - 27 Oct 2011
Section I
Subsection A
Subsub 1
Subsection B
Subsub 1
Subsub 2
Section II
Subsection A
Subsection B
You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
To restrict access to your paper simply delete the "#" on the next line:
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Revision 14 | r14 - 04 Sep 2012 - 22:02:20 - IanSullivan |
Revision 13 | r13 - 31 Jan 2012 - 20:15:58 - YanFu |
Revision 12 | r12 - 24 Jan 2012 - 16:02:43 - YanFu |
Revision 11 | r11 - 23 Jan 2012 - 13:44:02 - YanFu |
Revision 10 | r10 - 22 Jan 2012 - 16:49:21 - YanFu |
Revision 9 | r9 - 22 Jan 2012 - 15:01:17 - EbenMoglen |
Revision 8 | r8 - 16 Dec 2011 - 19:01:17 - YanFu |
Revision 7 | r7 - 28 Nov 2011 - 17:17:38 - EbenMoglen |
Revision 6 | r6 - 17 Nov 2011 - 17:49:42 - YanFu |
Revision 5 | r5 - 17 Nov 2011 - 11:13:12 - YanFu |
Revision 4 | r4 - 16 Nov 2011 - 22:52:14 - YanFu |
Revision 3 | r3 - 03 Nov 2011 - 17:09:25 - YanFu |
Revision 2 | r2 - 02 Nov 2011 - 20:41:55 - YanFu |
Revision 1 | r1 - 27 Oct 2011 - 04:18:05 - YanFu |
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