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Crackdown
May Send Music Traders
Into Software Underground
By Saul Hansell
The New York Times
Some people may well be intimidated by the 261 lawsuits that
the music industry has filed against Internet users it says
are illegally sharing songs.
But hundreds of software developers are racing to create new
systems, or modify existing ones, to let people continue to
swap music — hidden from the prying eyes of the Recording
Industry Association of America, or from any other investigators.
"With the R.I.A.A. trying to scare users around the world,
the developer community is pumping up to create networks which
are safer and more anonymous," said Pablo Soto, a developer
in Madrid who designed the software for two file-sharing systems,
Blubster and Piolet.
Some experts wonder if the industry's efforts will create
more trouble for it than ever. "The R.I.A.A. is breeding
antibiotic-resistant bacteria," said Clay Shirky, a software
developer who teaches new media at New York University.
Blubster, which has an estimated quarter-million users, already
uses technology to make eavesdropping more difficult, Mr.
Soto said. Its next version will encrypt files so they can
be decoded only by their intended user.
Other systems are sending files on more circuitous Internet
routes instead of, or in addition to, using encryption. And
some developers hope to replace the current systems, which
connect millions of users, with private file-sharing networks
— speakeasies that may be too small for the industry
to find. The developers of the new systems say there is nothing
illegal about writing software that helps people keep secrets.
United States courts have held that file-sharing software
may not be banned if it has both legitimate and illegal uses.
The Recording Industry Association of America has said that
it is unconcerned about the increasing anonymity of file sharing.
The stated purpose of its lawsuits is not to catch every hard
core music pirate, but to show millions of casual file sharers
that what they are doing is illegal.
In addition, none of the new methods offer perfect anonymity,
experts say. Yet many of the new systems are likely to make
the recording industry work harder to find file traders.
Private file sharing stems from academic work on encryption
and data security over the last decade. One system is Freenet,
introduced in 1999 by Ian Clarke. It allows people to publish
files to be used by others, with technology meant to keep
the source anonymous.
"Everyone said the Internet was an anarchistic thing
through which anyone could say anything," Mr. Clarke
said. "But in reality it is incredibly easy to monitor
what is going on on the Internet. I was interested in creating
a system that would preserve anonymity."
Freenet is similar to other file-sharing services in that
users make part of their hard drives available to hold content
to be downloaded by other users. But all the files are encrypted
so no one knows what files are on a given machine. Requests
to download a file are also encrypted.
Freenet has been a way to disseminate banned political tracts
and has been used by people who want to share illegal content
like child pornography. Mr. Clarke says he is willing to help
people send files illegally if he can also prevent political
censorship. "I am an absolutist on free speech,"
he said.
Freenet, however, is slow and hard to use, and it requires
knowing a specific file name. As a result, it has not been
a viable alternative to music-sharing services like KaZaA.
Developers in Germany are creating a program called Frost
meant to make Freenet easier to use.
Another file-sharing model is for business users who want
to collaborate while protecting secrets from competitors.
"The needs of businesses and the needs of file traders
are the same," Mr. Shirky said. "I want a secure
way to send you a three megabyte PowerPoint file with no way
for anyone else to see it. That is not different from an MP3
file."
Software by companies like Groove Networks creates private
file networks for specified users. Groove, which can cost
$69 or more per user, is not widely employed by music sharers.
But a program called Waste is attracting the interest of music
traders who want to create "darknets," as private
file-sharing communities are known.
Waste was written by Justin Frankel, who works for the Nullsoft
unit of America Online. It was posted on Nullsoft's site one
day last May and removed the next , although not fast enough
to keep copies from circulating on the Web. (AOL's corporate
cousin, Warner Music, is a backer of the R.I.A.A.'s campaign
against file sharing.) Frankel and AOL did not return calls
seeking comment.
Investigators for the music industry acknowledge that some
of these technologies may make their jobs more difficult,
but they suggest that users may not want to take advantage
of them.
"The thing about darknets is that the users show more
culpability than people who simply use peer-to-peer,"
said Randy Saaf, referring to peer-to-peer sharing systems
like KaZaA. Mr. Saaf is chief executive of MediaDefender Inc.,
a music technology company that does work for the record industry.
"When people are found to be using them, they will face
stiffer penalties."
Meanwhile, older file-sharing services do not want to lose
users to darknets or other newcomers. Many of them are trying
to add features they say will protect privacy. Streamcast
networks, the creator of Morpheus, introduced a feature this
summer that lets users relay files by way of intermediary
computers known as proxy servers — a technique that
can help obscure the path between the source of the file and
the person who downloads it.
Proxy servers and similar methods can be an effective way
to hide, said Stuart Schechter, a Harvard security researcher.
But, he said, there is nothing to stop the recording industry
from creating proxy servers as so-called honey pots to serve
as decoys and gather information on users. "The problem
with any of these systems is how do you decide who to trust,"
he said.
© 2003 The New York Times
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