{{indexmenu_n>8}} ====== 민주주의 사회와 넷 ====== 인터넷이 민주주의의 발전에 기여할까요. 권력을 감시하고, 국민의 뜻을 대변한다는 의미에서 신속하고 저렴한 정보의 유통은 분명 긍정적인 요소입니다. 다만 현재와 같이 정보에의 접근과 정보 감시가 광범위하게 허용된다면 오히려 통제의 수단으로 사용될 가능성도 어느때보다 높습니다. ===== 전자 민주주의 ===== * Eben Moglen & Pamela S. Karlan,[[http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2283&context=llr| The Soul of a New Political Machine: The Online, the Color Line and Electronic Democracy]], 34 Loyola of Los Angeles L. Rev. 1089 (2001). * virtual communities, unmediated expression * 정유경, [[https://www.hankookilbo.com/v/fd79b881803f4c458891f1527e2a7610| "'촛불 민의' 수렴할 시민대표 인터넷 선출하자"]], 한국일보, 2016.12.07 * 공개적인 온라인 의사결정 구조에 의해 수렴된 민의를 대변하는 평시민들의 시한부 대표기구가 될 것” * Andrew Tarantola, [[https://www.engadget.com/2016/12/12/university-of-michigan-teams-with-google-to-track-flint-water-cr/| University of Michigan teams with Google to track Flint water crisis]], Engadget, 2016. 12. 12 * The app will provide tools so that residents can monitor water-testing results * 백봉삼, [[http://www.zdnet.co.kr/news/news_view.asp?artice_id=20161213113747&lo=z45| 朴대통령 탄핵 정국, 'O2O 파워' 빛났다]], ZDNet, 2016. 12. 13. * 스마트폰과 모바일 파워로 무장한 똑똑한 시민들은 광화문을 민주주의의 플랫폼으로 만들어냈다. ===== 선거운동과 인터넷 ===== * Leslie Wayne,[[http://www.nytimes.com/2000/04/21/technology/21web.html?ex=1133154000&en=4fd4692c7016ecff&ei=5070| Regulators Confront Web Role in Politics]], New York Times, April 21, 2000 * Traditionally, the government regulates political activity by regulating the flow of money...But in the cyberworld, costs are minimal. * Don Lewicki and Tim Ziaukas,[[http://www.firstmonday.org/ojs/index.php/fm/article/view/818/727| The Digital Tea Leaves of Election 2000: The Internet and the Future of Presidential Politics]], First Monday, December 2000 * The next challenge is taking the Internet from what it is now, at least from a campaign standpoint, which is an organizational device and, at best, a motivational device for someone who is already supporting, [[and turn it]] into a persuasive one. * Christopher D. Hunter,[[http://www.firstmonday.org/ojs/index.php/fm/article/view/930/852| Political Privacy and Online Politics: How E-Campaigning Threatens Voter Privacy]], First Monday, February 2002 * Using many of the same tools as e-commerce (cookies, Web bugs, profiling, data mining), e-campaigns have developed systems which have the potential to identify, target, track, and deliver customized messages to potential voters. * Declan McCullagh,[[https://www.cnet.com/news/liberal-net-rules-spawn-political-attack-ads/| Liberal Net rules spawn political attack ads]], C|Net News.com, May 6, 2004 * thanks to changes in campaign law that have largely taken effect this year, candidates do not have to endorse their own Internet spots--something that's mandated in radio and television under a measure known as the "stand by your ad" requirement. * Declan McCullagh, [[http://news.com.com/The+coming+crackdown+on+blogging/2008-1028_3-5597079.html?tag=nl| The coming crackdown on blogging]], C|Net News.com, March 3, 2005 * If someone sets up a home page and links to their favorite politician, is that a contribution? * Ellen Weintraub, [[https://www.cnet.com/news/bloggers-chill-out-already/| Bloggers, chill out already]], C|Net News.com, March 7, 2005 * the context here has everything to do with paid advertising, and nothing to do with individuals blogging and sending e-mails. * Richard Hasen,[[http://www.personaldemocracy.com/node/416| Should the FEC Regulate Political Blogging?]], Personal Democracy Forum, March 7, 2005 * They should get a special exemption from reporting and coordination requirements, but they should have to disclose on their sites payments from candidates or committees to take a particular position in a federal race. * Brian Faler,[[http://www.washingtonpost.com/wp-dyn/content/article/2005/06/04/AR2005060401042.html?nav=rss_politics| Groups Weigh In on Web Politicking]], Washington Post, June 5, 2005 * The lawmakers ...said bloggers who take money from political campaigns should not have to disclose that on their Web sites...also said that bloggers who incorporate for liability purposes should not have to abide by rules barring corporations from contributing to political candidates. * Anne Broache,[[https://www.cnet.com/news/politicos-want-to-shield-net-from-election-laws/| Politicos want to shield Net from election laws]], C|Net News.com, September 22, 2005 * members of Congress want to change the law and immunize it. * John Borland,[[https://www.cnet.com/news/want-to-vote-text-me-now/| Want to vote? Text me now]], C|Net News.com, October 19, 2005 * turn the immediacy and near-ubiquity of cell phones into a powerful tool of political organization and mobilization. * Leslie Harris & John Morris,[[http://www.cdt.org/speech/20060314rollcall.pdf| Hensarling Bill Would Do Too Little, and Too Much]], Center for Democracy and Technology, March 14, 2006 * That bill would remove spending limitations imposed by BCRA on state political parties and corporations * CDT,[[http://www.cdt.org/speech/20060315comparison.pdf| Comparison of the Impact on Small Speakers of H.R. 1606 and H.R. 4900]], Center for Democracy and Technogloy, March 15, 2006 * Declan McCullagh,[[https://www.cnet.com/uk/news/election-commission-takes-light-touch-with-net-regs/| Election commission takes light touch with Net regs]], C|Net News, March 24, 2006 * The rules say that paid Web advertising..will be regulated like political advertising in other types of media...bloggers can enjoy the freedoms of traditional news organizations when endorsing a candidate or engaging in political speech. * Vice Chairman Lenhard & Commissioner Weintraub,[[http://www.fec.gov/members/weintraub/nprm/statement20060327.pdf| FEC Internet Rulemaking - Background and FAQ]], Federal Election Commission, March 24, 2006 * The new definition of “public communication” continues to exclude communications over the Internet, except for advertisements placed on another person’s website. * [[http://www.fec.gov/agenda/2006/mtgdoc06-20a.pdf| Amendments to the Final Rule]] (pdf), Federal Election Commission, March 27, 2006 * an employee’s “occasional, isolated, or incidental use” of computer equipment and Internet services fo Federal campaign activities would not be an expenditure or contribution by the corporation or labor organization. * Anne Broache,[[https://www.cnet.com/news/feds-approve-liberal-election-rules-for-net/| Feds approve liberal election rules for Net]], C|Net News, March 27, 2006 * Paid political advertising appearing on someone else's Web site would have to be reported, regardless of how little or how much it costs. But that responsibility would lie with the candidate, political party or committee backing the ad--not a Web site accepting the ads. * AFP[[http://web.archive.org/web/20070409030821/http://www.physorg.com/news95008106.html| Tokyo requests YouTube delete candidates' speeches]] PhysOrg.com, Apr 9, 2007 * Japanese election law limits the broadcasting of speeches, which are aired only on public broadcaster NHK. * Jon Pincus,[[http://www.talesfromthe.net/jon/?p=209| A wiki, saving democracy?]], September 18, 2008 * Almost all voter suppression relies to a large extent on information asymmetry. * Nancy Scola,[[http://techpresident.com/news/6360/may-best-database-win-look-voter-files-powering-08-race| May the Best Database Win?]], TechPresident, Sept 19, 2008 * Catalist, VoteBuilder, VoterVault. * [[http://casenote.kr/헌법재판소/2008헌마324| 헌법재판소 2010. 2. 25. 선고 2008헌마324]] * 정당·후보자에 대한 지지·반대의 글을 게시할 수 있도록 하는 경우에는 실명확인을 거치도록 함으로써 후보자에 대한 인신공격이나 각종 흑색선전이 줄어들 수 있고, 이로 인하여 선거의 공정성의 확보 효과를 거둘 수 있음이 예상되므로 수단의 적합성도 인정 * [[http://casenote.kr/헌법재판소/2007헌마1001| 헌법재판소 2011. 12. 29. 선고 2007헌마1001 등]] * 인터넷은 개방성, 상호작용성, 탈중앙통제성, 접근의 용이성, 다양성 등을 기본으로 하는 사상의 자유시장에 가장 근접한 매체이다. 즉, 인터넷은 저렴한 비용으로 누구나 손쉽게 접근이 가능하고 가장 참여적인 매체로서, 표현의 쌍방향성이 보장되고, 정보의 제공을 통한 의사표현 뿐 아니라 정보의 수령, 취득에 있어서도 좀 더 능동적이고 의도적인 행동이 필요하다는 특성을 지니므로, 일반유권자도 인터넷 상에서 정치적 의사표현이나 선거운동을 하고자 할 개연성이 높고, 경제력 차이에 따른 선거의 공정성 훼손이라는 폐해가 나타날 가능성이 현저히 낮으며, 매체 자체에서 잘못된 정보에 대한 반론과 토론, 교정이 이루어질 수 있고, 국가의 개입이 없이 커뮤니케이션과 정보의 다양성이 확보될 수 있다는 점에서 확연히 대비된다. (이러한) 점 등을 고려하면, 이 사건 법률조항에서 선거일전 180일부터 선거일까지 인터넷상 선거와 관련한 정치적 표현 및 선거운동을 금지하고 처벌하는 것은 후보자 간 경제력 차이에 따른 불균형 및 흑색선전을 통한 부당한 경쟁을 막고, 선거의 평온과 공정을 해하는 결과를 방지한다는 입법목적 달성을 위하여 적합한 수단이라고 할 수 없다. * Sasha Issenberg,[[http://campaignstops.blogs.nytimes.com/2012/09/01/why-campaign-reporters-are-behind-the-curve/| Why Campaign Reporters are Behind the Curve]], New York Times, September 1, 2012 * Campaigns have borrowed techniques from the social sciences, including behavioral psychology and statistical modeling. * Zoe Corbyn,[[http://www.nature.com/news/facebook-experiment-boosts-us-voter-turnout-1.11401#/b1| Facebook experiment boosts US voter turnout]], Nature, September 12, 2012 * those who got the informational message voted at the same rate as those who saw no message at all. But those who saw the social message were ….0.4% more likely to head to the polls than either other group. * Harry Davies and Danny Yadron,[[http://www.theguardian.com/us-news/2016/jan/28/facebook-voters-us-election-ted-cruz-targeted-ads-trump| How Facebook tracks and profits from voters in a $10bn US election]], The Guardian, January 28, 2016 * There’s an important difference between what people share voluntarily on social media and what they have no desire to share, like their cellphone metadata. * "[[http://www.yonhapnews.co.kr/bulletin/2016/11/12/0200000000AKR20161112024100091.HTML?input=1195m| 트럼프 당선, 페이스북의 허위 정보 탓" 비난 확산]], 연합뉴스, 2016. 11. 12. * 페이스북의 알고리즘이 허위 정보를 제대로 거르지 않은 채 그대로 노출하면서 이번 미국 대선에 큰 영향을 줬다 ===== 전자 투표 ===== * Rebecca Fairley Raney,[[http://www.nytimes.com/library/review/013000internet-voting-review.html| Voting by the Internet: The Mouse Still Hasn't Roared]], New York Times, January 30, 2000 * Practical issues aside, the political obstacles are bound to remain substantial. * Caltech-MIT Voting Technology Project,[[http://vote.caltech.edu/reports/1| Voting -- What Is, What Could Be]], July 2001 * Our data show that between 4 and 6 million votes were lost in the 2000 election. * Kim Zetter,[[http://archive.wired.com/politics/security/news/2003/12/61637?currentPage=all| E-Voting Undermined by Sloppiness]], Wired News, December 17, 2003 * the company installed uncertified software in all 17 counties * Kim Zetter,[[http://archive.wired.com/politics/security/news/2004/01/61968?currentPage=all| Open-Source E-Voting Heads West]], Wired News, January 21, 2004 * all voting code should be open source so the public can ensure that the code is doing what it's supposed to do and doesn't contain security flaws. * Kim Zetter,[[http://archive.wired.com/politics/security/news/2004/01/62041?currentPage=all| Risky E-Vote System to Expand]], Wired News, January 26, 2004 * an Internet voting system that allows ballots to be cast through personal computers would be vulnerable to viruses and worms, spoofing attacks..or a DoS attack * David McGlinchey,[[http://www.govexec.com/dailyfed/0204/020504d2.htm| Pentagon scraps plan for online voting in 2004 elections]], GovExec.com, February 5, 2004 * the SERVE system has numerous "security problems that leave it vulnerable to a variety of well-known cyberattacks." * [[https://www.wired.com/2004/02/michigan-dems-vote-online/| Michigan Dems Vote Online]], Wired News, February 6, 2004 * People shop online every day. Businesses do online financial transactions worth trillions of dollars. Why shouldn't you be able to vote online? * Adam Berinsky,[[http://web.mit.edu/berinsky/www/ElectoralReform.pdf| The Perverse Consequences of Electoral Reform in the United States]], American Politics Research, Volume 31, Number X, 1-21, April 2004 * Because levels of political engagement currently follow, rather than cross, demographic divisions in the electorate, reforms designed to make voting “easier” magnify the existing socioeconomic biases in the composition of the electorate. * [[https://www.verifiedvoting.org/ VerifiedVoting.org]] ===== 분쟁해결과 넷 ===== * Liebman, Benjamin L. and Wu, Tim,[[https://ssrn.com/abstract=956310| China's Network Justice]] (January 9, 2007). Columbia Public Law Research Paper No. 07-143. * in a country with a weak judiciary, the ease of criticism made possible by cheap communications technology can pose a serious threat to the legitimacy and power of the courts...where the judiciary is weak, and its decisions inconsistent, herding may be an important political strategy ===== 통제수단으로서의 넷 ===== * Jennifer Lee,[[http://www.nytimes.com/2002/10/10/technology/guerrilla-warfare-waged-with-code.html| Guerrilla Warfare, Waged With Code]], New York Times, October 10, 2002 * Fighting restrictions on the use of the Internet can be difficult because the governments imposing the limits often control the technological infrastructure in their countries. * Patrick Di Justo,[[https://www.wired.com/2003/03/does-the-end-justify-the-means/| Does the End Justify the Means?]], Wired News, March 18, 2003 * Diebert and his team have discovered that pornography and government criticism are the subjects most frequently blocked by non-democratic countries. * Noah Schachtman,[[http://archive.wired.com/politics/law/news/2002/12/56699| An Inside Look at China Filters]], Wired News, December 4, 2004 * Whatever a culture represses will come back to haunt them as fate * Jim Kerstetter,[[https://www.cnet.com/news/group-says-yahoo-helped-jail-chinese-journalist-1/| Group says Yahoo helped jail Chinese journalist]], C|Net News.com, September 6, 2005 * detailed information that helped them link Shi's personal e-mail account and a specific message containing the "state secret" to the IP address of his computer. * Alorie Gilbert,[[http://news.com.com/Handbook+offers+tips+for+cyberdissidents/2100-1028_3-5876958.html| Handbook offers tips for cyberdissidents]], C|Net News.com, September 22, 2005 * Bloggers are often the only real journalists in countries where the mainstream media is censored or under pressure * Tom Zeller Jr., [[http://www.nytimes.com/2005/11/08/technology/critics-press-companies-on-internet-rights-issues.html| Critics Press Companies on Internet Rights Issues]], New York Times, November 8, 2005 * the Chinese government has been able to use Cisco's technology to filter Web traffic within the country and conduct surveillance of Internet users there. * Declan McCullagh,[[https://www.cnet.com/news/u-s-protests-net-summit-crackdown/| U.S. protests Net summit crackdown]], C|Net News.com, November 18, 2005 * Ben Ali has received international notoriety for the extensive Internet censorship and surveillance conducted by his secret police forces. * John Markoff,[[http://query.nytimes.com/gst/fullpage.html?res=9C06E3DA143AF931A35753C1A96E9C8B63&pagewanted=all| Skype Text Is Monitored in China]], International New York Times, October 2, 2008 * each time he typed a particular swear word into the text messaging program an encrypted message was sent to an unidentified Internet address. * Helmi Noman & Jillian C. York,[[http://opennet.net/west-censoring-east-the-use-western-technologies-middle-east-censors-2010-2011| West Censoring East: The Use of Western Technologies by Middle East Censors, 2010-2011]], OpenNet Initiative, 2011 * If care were not taken, technologies to protect children using a handful of PCs could be readily repurposed to engage in mass political and other censorship affecting millions of people. * Michael Kan,[[http://www.cio.com/article/659864/China_Microblogs_Block_Chinese_Word_for_Egypt_ China| Microblogs Block Chinese Word for 'Egypt']], CIO, January 29, 2011 * The country routinely blocks sites and removes content deemed politically sensitive from the Web. * Andy Greenberg,[[http://blogs.forbes.com/andygreenberg/2011/02/04/as-egyptians-reconnect-their-government-will-be-watching/| As Egyptians Reconnect, Their Government Will Be Watching]], Forbes, February 4, 2011 * The data will help authorities know who is doing what, where, when, and how * Daniel Lyons,[[http://www.newsweek.com/2011/02/06/dictator-proofing-the-internet.html| Dictator-Proofing the Internet]], Newsweek, February 6, 2011 * ..developed a software program that can turn regular laptops into nodes on a “mesh network, * Jim Harper,[[http://www.cato-at-liberty.org/is-a-u-s-company-assisting-egyptian-surveillance/| Is a U.S. Company Assisting Egyptian Surveillance?]], Cato@Liberty, blogpost, February 7, 2011 * Narus provides Egypt Telecom with Deep Packet Inspection equipment (DPI) * Michael Kan,[[http://www.cio.com/article/668863/China_Blocks_LinkedIn_Ramps_Up_Internet_Censorship| China Blocks LinkedIn, Ramps Up Internet Censorship]], CIO, February 24, 2011 * Chinese government censors, however, were quick to prevent any mention of the term from spreading far * Christopher Williams,[[http://www.telegraph.co.uk/news/worldnews/middleeast/iran/8388484/Iran-cracks-down-on-web-dissident-technology.html| Iran cracks down on web dissident technology]], The Telegraph, March 18, 2011 * The Iranian authorities used DPI to detect the highly specific parameters Tor uses to establish an encrypted connection. * Bob Brown & Tim Greene,[[http://www.cio.com/article/677923/Google_Funds_Tools_to_Expose_Government_Attempts_to_Censor_Shut_Down_the_Internet?taxonomyId=3133| Google Funds Tools to Expose Government Attempts to Censor, Shut Down the Internet]], CIO, March 22, 2011 * The scheme will rely on participation from Internet users who deploy an agent on their computers to create a distributed watchdog system * Nate Anderson,[[http://arstechnica.com/tech-policy/news/2011/04/why-the-us-needs-to-censor-pirate-websites.ars| Why the US needs to blacklist, censor pirate websites]], Ars Technica, April 1, 2011 * Deep packet inspection is one option. And the key is that this is automated technology. * Joby Warrick,[[http://www.washingtonpost.com/world/report-on-global-human-rights-practices-notes-tightening-of-internet-freedoms/2011/04/08/AFeQdw2C_story.html| Report on global human rights practices notes tightening of Internet freedoms]], Washington Post, April 8, 2011 * more than 40 governments restricting access to the Web and many using cyber-tools to spy on political opponents * Michele Kelemen,[[http://www.npr.org/2011/04/08/135218143/u-s-eyes-global-internet-freedoms| U.S. Eyes Global Internet Freedoms]], NPR newscast, April 8, 2011 * many governments around the world are "obsessed with control," spending millions of dollars on technology to crack down on dissent. * [[http://yro.slashdot.org/story/11/04/24/168200/Japanese-Government-Will-Censor-Fukushima-Illegal-Information?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Slashdot%2Fslashdot+%28Slashdot%29| Japanese Government Will Censor Fukushima "Illegal Information"]], blogpost by samzenpus, Slashdot, April 24, 2011 * the damage caused by earthquakes and by the nuclear accident are being magnified by irresponsible rumors, * Adam Schreck,[[http://hosted.ap.org/dynamic/stories/B/BLACKBERRY_CRACKDOWN?SITE=TXPLA&SECTION=HOME&TEMPLATE=DEFAULT| Emirati telecom: BlackBerry limits next week]], AP, April 25, 2011 * ..are required to limit access to the Blackberry Enterprise Server..That system provides the most secure communication on the handheld devices * Tim Arango,[[http://www.nytimes.com/2011/04/27/world/middleeast/27iraq.html?partner=rss&emc=rss| Text Messages Proliferate as Threats in Iraq]], NY Times, April 26, 2011 * they came from the security officials who confiscated his cellphone when he was briefly imprisoned. * Andy Greenberg,[[http://blogs.forbes.com/andygreenberg/2011/04/26/how-iran-became-the-worlds-worst-internet-oppressor/| How Iran Became The World’s Worst Internet Oppressor]], Forbes, April 26, 2011 * That tightened control has also allowed high-level monitoring of content * Vikas Bajaj,[[http://www.nytimes.com/2011/04/28/technology/28internet.html?partner=rss&emc=rss| India Puts Tight Leash on Internet Free Speech]], NY Times, April 27, 2011 * .. allow officials and private citizens to demand that Internet sites and service providers remove content they consider objectionable on the basis of a long list of criteria. * Jennifer Baker,[[http://www.pcworld.com/businesscenter/article/226825/european_legislators_consider_net_filter_for_europe.html#tk.rss_smb| European Legislators Consider Net Filter for Europe]], PCWorld, May 2, 2011 * ISPs required to block "illicit content" from outside the area. * Michael Kan,[[http://www.pcworld.com/article/227065/chinas_new_it_authority_could_raise_censorship.html#tk.rss_news| China's New IT Authority Could Raise Censorship]], PC World, May 4, 2011 * established a new department to oversee information on the Internet * Stephanie Overby,[[http://www.pcworld.com/businesscenter/article/227185/it_outsourcing_in_china_and_data_privacy_guidelines.html#tk.rss_smb| IT Outsourcing in China and Data Privacy Guidelines]], PC World, May 4, 2011 * express consent from an individual must be obtained in connection with the transfer of personal information to any other organization. * Tom Foremski,[[http://www.zdnet.com/blog/foremski/have-us-companies-helped-in-egypt-internet-crackdown/1651?tag=content;search-results-rivers| Have US companies helped in Egypt Internet crackdown?]], ZDNet, January 28, 2011 * Boeing-owned, California-based company Narus sold Telecom Egypt, the state-run Internet service provider, “real-time traffic intelligence” equipment, more commonly known as Deep Packet Inspection (DPI) technology. * Declan McCullagh,[[http://news.cnet.com/8301-31921_3-20035079-281.html?tag=mncol;5n| Libya's Internet hit with severe disruptions]], CNET, February 22, 2011 * Libya's Internet links have been severely disrupted as chaos spreads * Paul Sonne and Max Colchester,[[http://online.wsj.com/article/SB10001424052748703652104576122044234987416.html| Egyptian Government Intrudes on Mobile Operators]], WSJ.com, February 4, 2011 * Telecom companies face particularly acute risks when dealing with governments in countries where they rely on state-owned infrastructure or state-awarded spectrum contracts for their business. * Parmy Olson,[[http://blogs.forbes.com/parmyolson/2011/04/27/report-british-firm-offered-spy-software-to-egypt/| British Firm Offered Spy Software To Egypt]], Forbes, April 27, 2011 * Digital intelligence firm Gamma International last year tried to sell a type of malware to the Egyptian security service that could infect the computers of dissidents and access their email and other communication tools * Michael Kan,[[http://www.cio.com/article/673763/Beijing_to_Track_People_s_Movements_Via_Their_Mobile_Phones| Beijing to Track People's Movements Via Their Mobile Phones]], CIO, March 4, 2011 * China plans on tracking the movements of people in Beijing using their mobile phones, a measure that while aimed at relieving traffic congestion, could set off concerns over misuse. * [[http://casenote.kr/헌법재판소/2008헌마500| 헌법재판소 2012. 2. 23. 선고 2008헌마500 전원재판부]] * 다수 : 이 사건 정보통신망법조항에 해당하는 정보를 유통하는 경우에도 이를 형사처벌하는 것이 아니라 해당 정보의 시정요구제도, 취급거부·정지·제한명령제도를 통하여 그 정보에 대한 접근을 차단하거나, 삭제, 해당 사이트의 이용제한을 하는 데 불과...한 점.. 등을 종합하면, 입법자가 이 사건 정보통신망 조항의 금지의무를 위반한 자를 제재하는 수단 및 법적 효과를 설정함에 있어서, 그들의 기본권 침해를 최소화하도록 배려하였다고 볼 수 있으므로, 최소침해성과 법익균형성도 충족한다. * 소수 : 이 사건 정보통신망법조항은 사법기관이 아닌 행정기관으로 하여금 특정한 표현행위 자체가 범죄구성요건에 해당하는 위법, 유책한 행위인지 여부를 훨씬 지나쳐 특정한 표현행위가 범죄를 교사, 방조하고 있는 것인지, 더 나아가 범죄의 목적이 있는지 여부까지 자체 판단한 후, 그러한 표현에 대하여 취급거부·정지·제한명령까지 할 수 있도록 하고 있다. 또한 그 규제대상을 모든 범죄 관련 정보로 하여 대단히 포괄적으로 규제하면서, 그 해악의 중대성과 결과발생의 현실적 위험성 등의 요소에 대하여는 전혀 고려하고 있지 않다. * James McGregor,[[http://qz.com/9003/9003/#| Don’t bring your cell phone to meetings in China, you might get hacked]], Quartz, September 27, 2012 * Many technology multinationals and foreign governments forbid their people from bringing smart phones or laptops to China * Fokke Obbema, Marije Vlaskamp & Michael Persson,[[http://www.volkskrant.nl/buitenland/china-rates-its-own-citizens-including-online-behaviour%7Ea3979668/| China rates its own citizens - including online behaviour]], Volkskrant, April 25, 2015 * the Social Credit System, attributing to each of its 1,3 billion citizens a score for his or her behavior * Josh Horwitz, [[http://qz.com/649472/chinas-latest-proposed-internet-regulations-would-make-foreign-websites-impossible-to-reach/| China’s latest proposed internet regulations would make foreign websites impossible to reach]], Quartz, March 29, 2016 * any website that has not procured its domain from inside China will no longer be accessible from within the country’s border. * Catherine Shu, [[https://techcrunch.com/2016/06/01/china-attempts-to-reinforce-real-name-registration-for-internet-users/| China attempts to reinforce real-name registration for Internet users]], TechClunch, Jun 1, 2016 * everyone who buys a SIM card in China, even non-citizens, need to show a passport or another form of valid identification. * [[http://www.reuters.com/article/us-usa-china-trade-internet-idUSKCN0X80E9| China internet regulator says web censorship not a trade barrier]], Reuters, Apr 11, 2016 * almost a quarter of the hundreds of thousands of web pages, domains, encrypted sites, online searches and IP addresses that it monitors in China were blocked as of early April. * Kieren McCarthy [[http://www.theregister.co.uk/2016/05/16/chinas_new_rules_may_break_the_internet_warns_us_government/| China's new rules may break the internet warns US government]], The Register, 16 May 2016 * In other words, every domain name owner will be known personally to the Chinese government. * David Kurt Herold, [[https://cpianalysis.org/2016/05/18/xis-internet-chinas-new-normal-online-reality/| Xi’s Internet: China’s new normal online reality,]] May 18, 2016 * Simon Denyer, [[http://www.chicagotribune.com/news/nationworld/ct-china-censoring-internet-20160523-story.html| China's scary lesson to the world: Censoring the Internet works]], Washington Post, May 23, 2016 * The Internet..is as much as tool for control, surveillance and commercial considerations as it is for empowermen * Simon Denyer, [[https://www.washingtonpost.com/world/asia_pacific/the-internet-was-supposed-to-foster-democracy-china-has-different-ideas/2016/07/10/42954bbc-1dd9-11e6-b6e0-c53b7ef63b45_story.html| The Internet was supposed to foster democracy. China has different ideas.]], The Washington Post, July 10, 2016 * It’s a Maoist-era strategy revived in new technological conditions * Joel Hruska, [[https://www.extremetech.com/internet/232325-china-bans-internet-companies-from-reporting-news-tightens-grip-on-media| China bans Internet companies from reporting news, tightens grip on media]], Extremetech, July 25, 2016 * these services will only be allowed to carry government-approved content thereafter. * Joyce Huang, [[http://www.voanews.com/a/china-internet-mobile-apps/3435131.html| China Tightens Control Over Mobile Apps, Online News]], VOA, July 26, 2016 * all mobile app providers in China must confirm the real identities of their users in the app’s back-end platform by using their registered phone numbers. * 정주호 , [[http://www.yonhapnews.co.kr/bulletin/2016/08/19/0200000000AKR20160819088000089.HTML| 中, 인터넷매체에 "24시간 관리·댓글도 모두 검열하라" 지시]], 연합뉴스, 2016. 8. 19 * 경제적 효과와 수익성만을 좇아 흥미 위주의 자극적 소재의 기사를 양산하는 것은 인터넷 질서를 어지럽히는 결과를 초래한다 * James K. Glassman, [[https://www.aei.org/publication/singapores-wrong-turn-on-the-internet/| Singapore’s wrong turn on the Internet]], American Enterprise Institute, August 25, 2016 * cybersecurity is a serious problem, but it needs to be resolved within the context of an utterly free and connected internet. * Tory Shepherd, [[http://www.couriermail.com.au/technology/australia-warned-of-chinas-g20-spies-who-used-gifts-honeypots-and-cyber-hacking-tactics/news-story/892a9258b98040fe2379880fef75524e| Australia warned of China’s G20 spies who used gifts, ‘honeypots’ and cyber hacking tactics]], the Curier Mall, September 7, 2016 * Delegates at the global economic forum were warned not to accept presents such as USB sticks that could gather data, and to resist overly friendly people who might be out to scam secrets. * Catherine Cadell, [[http://www.reuters.com/article/us-china-internet-regulations-idUSKBN12Z0SC| China internet authority formalizes regulations for live-streaming industry]], Reuters, Nov 4, 2016 * The rules require streaming services to log user data and content for 60 days, and work with regulators to provide information on users who stream content that the government deems threatening to national security or social order. * Paul Mozur, [[http://www.nytimes.com/2016/11/08/business/international/china-cyber-security-regulations.html?_r=1| China’s Internet Controls Will Get Stricter, to Dismay of Foreign Business]], The New York Times,NOV. 7, 2016 * parts of the law such as required security checks on companies in industries like finance and communications, and mandatory in-country data storage will make foreign operations more expensive or lock them out altogether. Individual users will have to register their real names to use messaging services in China. * Alina Selyukh, [[http://www.npr.org/sections/alltechconsidered/2016/11/14/500214959/internet-freedom-wanes-as-governments-target-messaging-social-apps| Internet Freedom Wanes As Governments Target Messaging, Social Apps]], NPR, November 14, 2016 * In[[https://www.freedomhouse.org/article/new-report-internet-freedom-deteriorates-worldwide-activists-push-back ]]2013, it was a rise in surveillance. In 2014, governments shifted more from behind-the-scenes control to overt repression and arrests. In 2015, it was more of the same, plus a push against encryption. * Mike Isaac, [[http://www.nytimes.com/2016/11/22/technology/facebook-censorship-tool-china.html?_r=0| Facebook Said to Create Censorship Tool to Get Back Into China]], The New York Times, NOV. 22, 2016 * The social network has quietly developed software to suppress posts from appearing in people’s news feeds in specific geographic areas * 황정우, [[http://www.yonhapnews.co.kr/international/2016/11/29/0619000000AKR20161129188900085.HTML| 러, 中과 협력해 인터넷 통제 강화…'만리방화벽' 자국에 이식]], 연합뉴스, 2016/11/29 * 러시아가 중국에 기대하는 것은 기술이다. 야로바법에서 규정한 방대한 양의 정보를 다룰 수단이 없는 데다 서방의 제재 때문에 서구 기술에 의존할 수도 없기 때문이다. * Lulu Yilun Chen, [[https://www.bloomberg.com/news/articles/2016-12-01/wechat-censoring-user-messages-even-outside-china-study-says| WeChat Censoring Messages Even Outside China, Study Says]], Bloomberg, November 30, 2016 * If those words are detected by WeChat servers in China, the message won’t be sent. * Ruth Maclean and Emma Graham-Harrison, [[https://www.theguardian.com/world/2016/dec/01/the-gambia-bans-international-calls-and-internet-as-voters-go-to-polls| The Gambia bans international calls and internet as voters go to polls]], Guardian, 1 December, 2016 * That could thwart any opposition attempts to contest the outcome or organise challenges. * 김진양, [[http://www.newstomato.com/ReadNews.aspx?no=714389| (차이나ICT소식통)인터넷 생방 뜨니 규제 칼날]], 뉴스토마토, 2016-12-08, * 블랙리스트 관리 제도를 만들어 정부 기관과 연계해 불량 이용자를 걸러내는 역할도 할 것으로 기대 *Rob Schmitz, [[http://www.npr.org/sections/parallels/2017/01/03/507983933/whats-your-public-credit-score-the-shanghai-government-can-tell-you|What's Your 'Public Credit Score'? The Shanghai Government Can Tell You]], NPR, January 3, 2017 *The app uses facial recognition software to locate troves of your personal data collected by the government, and 24 hours later, you're given one of three "public credit" scores very good, good, or bad. *정주호, [[http://www.yonhapnews.co.kr/bulletin/2017/01/24/0200000000AKR20170124045100089.HTML|인터넷통제 고삐죄는 중국, VPN도 불법화…14개월 일제단속]], 연합뉴스, 2017/01/24 *VPN을 포함해 중국내 모든 독자, 또는 임대 전용선 사업자는 통신주관 부처의 승인을 얻지 않고는 해외 인터넷 접속 서비스를 할 수 없도록 했다. ===== 허위여론 형성과 넷 ===== * Lance Whitney,[[http://news.cnet.com/8301-1009_3-20020461-83.html?tag=mncol;5n| China hijacked U.S. Internet data]], C|Net News.com, October 22, 2010 * This diversion of data would have given the operators of the servers on those networks the ability to read, delete, or edit e-mail and other information sent along those paths. * Dan Goodin,[[http://www.theregister.co.uk/2011/01/25/tunisia_facebook_password_slurping/| Tunisia plants country-wide keystroke logger on Facebook]], The Register, January 25, 2011 * the script was most likely planted using an internet censorship system * Nick Fielding & Ian Cobain,[[http://www.guardian.co.uk/technology/2011/mar/17/us-spy-operation-social-networks?INTCMP=SRCH| US spy operation that manipulates social media]], The Guardian, March 17, 2011 * an "online persona management service" that will allow one US serviceman or woman to control up to 10 separate identities based all over the world. * Kim Zetter,[[http://www.wired.com/threatlevel/2011/03/congress-and-hbgary/| Congress Asks to Review DoD and NSA Contracts With HBGary]], Wired, March 17, 2011 * Submitting fake documents to the secret-spilling site * Michael Kan,[[http://www.cio.com/article/677617/Google_Gmail_Blocking_Designed_By_Chinese_Government?taxonomyId=3133| Google: Gmail Blocking Designed By Chinese Government]], CIO, March 21, 2011 * with methods that make it look as if the access problems lie with Google * Dan Goodin,[[http://www.theregister.co.uk/2011/03/23/gmail_microsoft_web_credential_forgeries?page=1| 'Iranian' attackers forge Google's Gmail credentials]], The Register, March 23, 2011 * broke into the servers of a web authentication authority and counterfeited certificates * Mark Gibbs,[[http://www.computerworld.com/s/article/print/9215047/Lots_of_people_you_interact_with_online_are_sockpuppets?taxonomyName=Security&taxonomyId=17| Lots of "people" you interact with online are sockpuppets]], Computerworld, March 24, 2011 * the practice of using sockpuppets has moved from ad hoc, user ploys to hide or obfuscate personal goals, through to corporations using them to service marketing strategies, to becoming integral to government surveillance programs * Michael Schwirtz,[[http://www.nytimes.com/2011/04/09/world/europe/09moscow.html?scp=10&sq=social%20media%20middle%20east&st=cse| Russians Riled by Attacks on Blogging Service]], NY Times, April 8, 2011 * many immediately blamed Russia’s security services. * Jaikumar Vijayan,[[http://www.computerworld.com/s/article/9215670/Government_made_me_do_it_imprisoned_TJX_hacker_claims?taxonomyId=82&pageNumber=1| Government made me do it, imprisoned TJX hacker claims]], Computerworld, April 8, 2011 * his illegal activities were done to establish trust with other cybercriminals so he could make contact with more of them and expose their acitivities to law enforcement. * [[http://it.chosun.com/news/article.html?no=2824988&cc| 관리 소홀 인터넷 공유기는 해커 앞마당, 조선일보]], 2016. 10. 11. * 포털 사이트 계정 147개를 포함해 여러 경로로 총 5300여개의 계정을 1600만원에 사들인 후 인터넷에서 제품을 홍보하거나 댓글을 작성하는데 사용 * Chris Strohm, [[https://www.bloomberg.com/news/articles/2016-12-01/russia-weaponized-social-media-in-u-s-election-fireeye-says| Russia Weaponized Social Media in U.S. Election, FireEye Says]], Bloomberg, December 1, 2016 * The campaign also includes what FireEye terms “direct advocacy,” in which the personas direct tweets promoting stolen or false information at the accounts of influential people such as journalists, and “indirect advocacy”in which social-media accounts seemingly unaffiliated with the personas also engage in promotion. * [[http://www.nocutnews.co.kr/news/4681819| "최순실이 지켜보고 있다"…靑 SNS 사찰 논란]], 노컷뉴스, 2016-11-08 * 일부의 우호적인 글은 베스트 오브 베스트로 가게 상위권으로 올리고, 추천 수를 조작하는 행동이나 모습들이 보였고 그다음에 정부를 비판하는 글들은 보고를 해서 요주의 인물 내지는 임시조치 또는 다양한 방식으로 차단하거나 아니면 겁을 주는 행동들이 있기 때문에 이게 문제라는 거죠. * ERIC LIPTON, DAVID E. SANGER and SCOTT SHANE, [[http://www.nytimes.com/2016/12/13/us/politics/russia-hack-election-dnc.html?em_pos=small&emc=edit_tu_20161214&nl=bits&nl_art=4&nlid=73631412&ref=headline&te=1&_r=1| The Perfect Weapon: How Russian Cyberpower Invaded the U.S.]], The New York Times, DEC. 13, 2016 * It was a brazen change in tactics, moving the Russians from espionage to influence operations. ===== 프래시 몹과 혁명 ===== * Clay Shirky, Here Comes Everybody, The Penguin Press, February 2008 * Now the organization of group effort can be invisible, but the results can be immediately visible. Because the cost of sharing and coordinating has collapsed, new methods of organization are available to ordinary citizens, methods that allow events to be arranged without [[P.169]]much advance planing * Colin Moynihan,[[http://www.nytimes.com/2008/03/30/nyregion/30text.html?_r=2&oref=slogin&oref=slogin| City Subpoenas Creator of Text Messaging Code]], NY Times, March 30, 2008 * The people sending and receiving the messages were using technology, developed by an anonymous group of artists and activists called the Institute for Applied Autonomy, that allowed users to form networks and transmit messages to hundreds or thousands of telephones. * Telegraph Staff,[[http://www.telegraph.co.uk/news/worldnews/europe/moldova/5119449/Students-use-Twitter-to-storm-presidency-in-Moldova.html| Students use Twitter to storm presidency in Moldova]], Telegraph.co.uk, April 7, 2009 * Organisers used the social networking site Twitter to rally opposition to a Communist victory in legislative elections * Nate Cochrane,[[http://www.itnews.com.au/news/egyptians-turn-to-tor-to-organise-dissent-online-246707| Egyptians turn to Tor to Organise dissent online]], SC Magazine, February 2, 2011 * People are concerned and some understand the risk of network traffic analysis. They're using Tor for that reason and more. * Xeni Jardin,[[http://www.boingboing.net/2011/02/02/egypt-the-viral-vlog.html| Egypt: The viral vlog of Asmaa Mahfouz that helped spark an uprising]], video, Boing Boing, February 2, 2011 * 26-year-old Asmaa Mahfouz of Egypt recorded this video on January 18th, uploaded it to YouTube, and shared it on her Facebook. Within days, the video went viral within Egypt and beyond. * [[http://www.bbc.com/news/world-europe-12699185| Azerbaijan clamps down on protesters ahead of rally]], BBC, March 10, 2011 * supporters of the activists say the arrests are linked to the call for nationwide protests against the government made on Facebook under the headline "11 March - Great People's Day in Azerbaijan". * Janine Zacharia,[[http://www.washingtonpost.com/world/signs-of-dissent-becoming-more-visible-among-youth-in-saudi-arabia/2011/03/08/AB5p2DQ_story.html| Signs of dissent becoming more visible among youth in Saudi Arabia]], Washington Post, March 10, 2011 * Inspired by their counterparts in Tunisia, Egypt and other parts of the Arab world, Jiddah’s 20-somethings are ablaze on Facebook, blogs and Twitter, tweeting away on iPhones and BlackBerrys about government corruption and the need for political reform, while organizing social gatherings such as those at the bookstore that have long been taboo. * Joel Greenberg,[[http://www.washingtonpost.com/world/palestinians-rally-for-unity-in-gaza-west-bank/2011/03/15/AB72yFZ_story.html Palestinians rally for unity in Gaza, West Bank]], The Washington Post, March 16, 2011 * The demonstrations were organized by young Palestinians who used Facebook to mobilize protesters, saying they were inspired by recent uprisings in neighboring Arab countries =====빅데이터와 선거===== *Carole Cadwalladr, [[https://www.theguardian.com/politics/2017/feb/26/robert-mercer-breitbart-war-on-media-steve-bannon-donald-trump-nigel-farage|Robert Mercer: the big data billionaire waging war on mainstream media]], The Guardian, 26 February 2017 *Cambridge Analytica makes the astonishing boast that it has psychological profiles based on 5,000 separate pieces of data on 220 million American voters – its USP is to use this data to understand people’s deepest emotions and then target them accordingly. The system, according to Albright, amounted to a “propaganda machine”