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Net Neutrality The case for a free and open internet
Written, designed, and photographed by Kyle Evans
Dedication This book is dedicated to my parents, because if they hadn’t given birth to me, I never would have been born. If I had never been born, I never would have been able to write this book.
Acknowledgements I Â would Â like Â to Â acknowledge Â all Â of Â the Â people Â who Â helped Â make Â this Â book Â possible. Â I Â would Â like Â to Â thank Â my Â Freestyle Â teachers, Â who Â are Â Mr. Â Greco, Â Ms. Â Parkinson, Â and Â Mr. Â Florendo. Â Without Â my Â teachers, Â I Â would Â never Â have Â obtained Â the Â skills Â I Â need Â to Â created Â a Â book Â of Â this Â quality. Â I Â would Â also Â like Â to Â thank Â the Â people Â I Â interviewed, Â who Â helped Â provide Â substance Â to Â this Â book. Â Those Â people Â include Â Dave Â Evans, Â Mohan Â Avula, Â and Â the Â former Â pi-Â racy Â scene Â member Â I Â interviewed Â who Â asked Â to Â remain Â anonymous. Â I Â wish Â to Â also Â thank Â my Â fellow Â Freestyle Â students Â that Â provided Â technical Â support Â IRUP\ERRNZKHQPHVVLQJZLWKLQ'HVLJQEHFDPHGLIÂżFXOW,DOVRZDQWWR acknowledge Â my Â fellow Â Freestyle Â students Â because Â not Â only Â did Â they Â help Â me Â get Â my Â book Â working, Â they Â also Â gave Â me Â inspiration Â for Â cool Â photo-Â graphs. Â The Â wonderful Â product Â that Â this Â book Â exists Â of Â now Â is Â the Â result Â of Â many Â contributions Â from Â a Â variety Â of Â sources, Â including Â my Â fellow Â students.
Table of Contents Title page..............................................................................................................1 Dedication............................................................................................................2 Acknowledgements..............................................................................................4 Table of Contents.................................................................................................7 Foreword..............................................................................................................8 Introduction.......................................................................................................10 Chapter 1............................................................................................................14 Chapter 2...........................................................................................................20 Chapter 3...........................................................................................................26 Conclusion..........................................................................................................31 Bibliography.......................................................................................................33 7
Foreword Since the 1970s, the internet has grown rapidly and become the quickest way for companies to do business. Originally invented by the military for secu- rity usage, the internet has become what is quite possibly the most important invention of the last few decades. As such, preserving the internet in a state that is open to anybody who wants to use it is notably important. Like most teenagers, I frequent the internet for a variety of reasons. Wheth- er it be to get homework from Facebook friends or to browse funny cat pic- tures during periods of boredom, I, like many people, rely on the internet to get through the day. In only a few generations, the internet has greatly changed the way the world works. When I began working on my book on net neutrality, I did so because I’ve always been interested by computers. Given that the internet is one of the key reasons people use computers, it only made sense to narrow down this exposi- tion to the internet itself.
Over the last few years, along with many other frequenters of the internet I have been shocked by attempts of Congress to limit the openness of the inter- net. In 2011, Congress introduced multiple bills which would attempt to reduce online piracy, including the Stop Online Piracy Act and the Protect Intellectual Property Act. Some people call me the space cowboy. Others call me the gangster of love. But quite frankly, I like to think of myself as more that. A man who will look into the important issues, so that others don’t have to. The internet.
Introduction Â Â A Â couple Â years Â back, Â a Â woman Â named Â Gertrude Â Walton Â was Â accused Â of Â sharing Â over Â 700 Â songs Â illegally Â on Â the Â internet, Â making Â them Â available Â to Â download Â for Â free. Â The Â Recording Â Industry Â Associa-Â WLRQRI$PHULFDRU5,$$IRUVKRUWZDVQÂśWKDSS\ZLWK*HUWUXGHÂśVDFWLRQVDQGDVDUHVXOWÂżOHGDODZVXLW against Â the Â woman Â to Â force Â her Â to Â pay Â for Â damages. Â The Â whole Â thing Â was Â a Â typical Â copyright Â takedown, Â done Â regularly Â by Â companies Â who Â want Â to Â protect Â their Â copyright. Â There Â was Â just Â one Â problem Â with Â this Â case. Â Gertrude Â had Â passed Â away Â over Â a Â year Â ago. Â Not Â only Â that, Â but Â when Â the Â RIAA Â decided Â to Â go Â after Â Gertrudeâ€™s Â daughter Â to Â force Â her Â to Â pay Â for Â these Â damages, Â the Â RIAA Â learned Â another Â interesting Â fact. Â Gertrudeâ€™s Â family Â never Â even Â own Â a Â computer, Â because Â she Â hated Â them, Â and Â wanted Â nothing Â to Â do Â with Â them. Â But Â how Â does Â a Â woman Â who Â doesnâ€™t Â even Â own Â a Â computer Â illegally Â upload Â music Â to Â the Â internet? Â 7KLVZDVH[DFWO\WKHTXHVWLRQWKHUHFRUGFRPSDQ\ÂśVODZ\HUVSRQGHUHGRYHUEHIRUHWKH\ÂżQDOO\ decided Â to Â drop Â the Â case Â after Â a Â few Â months. Â But Â hey, Â companies Â make Â mistakes; Â they Â dropped Â their Â lawsuit, Â so Â whatâ€™s Â the Â problem? Â Well, Â other Â than Â the Â fact Â that Â this Â isnâ€™t Â the Â only Â example Â of Â record Â companies Â suing Â dead Â people, Â thereâ€™s Â a Â reason Â companies Â go Â through Â this Â legal Â process Â when Â they Â accuse Â somebody Â of Â a Â crime. Â The Â sixth Â amendment Â to Â our Â Constitution Â promises Â the Â right Â to Â a Â fair Â trial Â to Â anybody Â accused Â of Â a Â crime Â in Â order Â to Â protect Â them Â from Â being Â sent Â to Â jail Â for Â something Â they Â didnâ€™t Â do. Â But Â as Â of Â late, Â this Â idea Â of Â free Â speech Â on Â the Â internet Â has Â been Â threatened Â more Â and Â more Â con-Â sistently. Â The Â whole Â concept Â of Â net Â neutrality, Â the Â very Â cornerstone Â of Â freedom Â on Â the Â internet, Â has Â recently Â been Â threatened Â by Â bills Â in Â Congress Â such Â as Â the Â Stop Â Online Â Piracy Â Act, Â the Â Protect Â Intel-Â 10
lectual Property Act, and the Anti-Counterfeiting Trade Agreement. The main purpose of these bills is to help curb internet piracy, which is responsible for a loss of $11 to $12 billion dollars annually in the software industry (Gale). Companies that own copyrights being violated by software piracy are actively encouraging the government to be more diligent in combating this problem. There’s no doubt that software piracy is a problem. But the ways Congress has attempted and continues to attempt to solve it only damage the internet by violating the principles of net neutrality for the sake of limiting software piracy. As Christopher Marsden notes in his book Net Neutrality: To- wards a Co-Regulatory Solution, even the president has acknowledged the importance of the internet. As Obama stated in an interview: “The big telephone and cable companies want to change the Internet as we know it. They say that they want to create high-sped lanes on the Internet and strike exclusive contractual agreements with Internet content-providers for access to those high-speed lanes. Those of us who can’t pony up the cash for these high-speed connections will be relegated to the slow lanes. We can’t have a situation in which the corporate duopoly dictates the future of the internet and that’s why I’m supporting what is called net neutrality.” (Marsden, 21).
Essentially, in attempts to undermine digital piracy, the age of internet discrimination will begin.
Chapter Â 1
What Â is Â net Â neutrality? Â Imagine Â that Â you Â are Â now Â the Â CEO Â of Â Facebook. Â Other Â than Â having Â your Â personal Â life Â exposed Â in Â the Â movie Â The Â Social Â Network, Â you Â now Â have Â a Â pretty Â cool Â life. Â Youâ€™re Â the Â youngest Â billionaire Â in Â the Â world, Â having Â launched Â the Â second Â most Â popular Â site Â on Â the Â internet Â only Â eight Â years Â ago. Â Not Â a Â bad Â deal Â by Â any Â standards. Â As Â the Â CEO Â of Â Facebook, Â youâ€™re Â aware Â that Â one Â of Â the Â reasons Â people Â use Â your Â site Â is Â to Â share Â content Â with Â your Â friends. Â This Â includes Â status Â updates, Â photos, Â videos, Â and Â anything Â else Â the Â average Â person Â wants Â to Â share Â with Â their Â friends Â and Â family. Â Some Â of Â the Â things Â people Â most Â commonly Â share Â is Â music Â and Â music Â videos, Â posting Â them Â on Â each Â others Â walls, Â saying Â â€œaww Â hell Â naw Â brah Â this Â song Â is Â sick.â€? Â In Â itself, Â this Â is Â pretty Â harmless. Â People Â get Â to Â share Â their Â favorite Â songs Â with Â each Â other Â quickly, Â itâ€™s Â a Â nice Â website Â youâ€™ve Â got. Â But Â obviously, Â when Â people Â share Â music Â with Â each Â other Â on Â Facebook, Â that Â content Â doesnâ€™t Â be-Â long Â to Â them. Â It Â belongs Â to Â the Â copyright Â company Â that Â helped Â create Â that Â music. Â And Â if Â the Â copyright Â company Â doesnâ€™t Â want Â their Â content Â to Â be Â shared, Â then Â thatâ€™s Â their Â right. Â So Â letâ€™s Â say Â a Â copyright Â com-Â pany Â doesnâ€™t Â want Â their Â music Â to Â be Â shared Â over Â Facebook. Â This Â is Â their Â right, Â and Â unfortunately, Â even Â though Â youâ€™re Â the Â worldâ€™s Â youngest Â CEO, Â thereâ€™s Â not Â much Â you Â can Â do Â about Â it. Â Under Â the Â current Â system, Â any Â company Â that Â doesnâ€™t Â want Â their Â content Â on Â Facebook Â has Â a Â few Â options. Â The Â most Â prevalent Â one Â is Â simply Â asking Â Facebook Â to Â remove Â the Â content. Â They Â can Â contact Â Facebook, Â issue Â a Â subpoena Â to Â remove Â the Â content, Â and Â Facebook Â will Â do Â so Â if Â they Â agree. Â If Â Facebook Â GRHVQÂśWDJUHHWKH\ÂśOOPRVWOLNHO\JRWKURXJKDVKRUWOHJDOGLVSXWHDQGUHVROYHWKHFRQĂ€LFW1LQHWLPHV out Â of Â ten, Â however, Â Facebook Â just Â removes Â the Â content Â to Â keep Â everybody Â happy. Â Recently, Â legislation Â has Â been Â going Â through Â congress Â that Â is Â attempting Â to Â change Â the Â way Â this Â 14
Not all tech savvy people look this cool. Dave Evans, the Chief Futurist of the Internet Business Solutions Group, gives his views on net neutrality in an exclusive interview in the coming pages. Also, does anybody ever read the captions? 15
content Â would Â potentially Â be Â removed Â from Â Facebook. Â Acts Â such Â as Â the Â Stop Â Online Â Piracy Â Act, Â Pro-Â tect Â Intellectual Â Property Â Act, Â and Â the Â Anti-ÂCounterfeiting Â Trade Â Agreement Â have Â all Â tried Â in Â recent Â months Â to Â change Â the Â way Â this Â content Â is Â protected Â on Â the Â internet Â (Harvey). Â If Â these Â acts Â were Â to Â be Â passed, Â copyright Â companies Â would Â no Â longer Â have Â to Â contact Â Facebook Â to Â have Â their Â content Â removed Â from Â their Â website. Â Instead, Â these Â companies Â would Â be Â given Â tools Â that Â allow Â them Â to Â remove Â the Â site Â directly. Â What Â this Â means Â is Â that Â copyright Â companies Â would Â be Â directly Â allowed Â to Â interfere Â with Â the Â content Â thatâ€™s Â posted Â on Â Facebook, Â Twitter, Â Google, Â etc. Â all Â in Â the Â name Â of Â protecting Â their Â content. ,QWKHRU\WKLVLVÂżQH%XWELOOVVXFKDVWKH'LJLWDO0LOOHQLXP&RS\ULJKW$FWZKLFKZDVSDVVHG in Â 1999, Â have Â shown Â that Â such Â legislation Â is Â ripe Â for Â abuse Â (â€œUnsafe Â Harborsâ€?). Â The Â Digital Â Millenium Â Copyright Â Act Â is Â cited Â by Â legal Â professionals Â as Â digital Â tyranny, Â being Â utilized Â to Â remove Â content Â that Â the Â companies Â disagree Â with Â (Lee). Â If Â net Â neutrality Â were Â violated Â by Â passing Â any Â of Â these Â acts, Â it Â would Â only Â become Â easier. Â The Â internet Â relies Â on Â the Â ability Â to Â be Â open Â and Â free. Â Without Â this Â idea Â of Â having Â a Â free Â and Â open Â internet, Â the Â very Â purposes Â of Â the Â internet Â become Â null Â and Â void. Â Christopher Â Marsden, Â author Â of Â â€œNet Â
Neutrality: Â Towards Â a Â Co-ÂRegulatory Â Solutionâ€? Â explains Â the Â idea Â that Â net Â neutrality Â is Â a Â vital Â instru-Â ment Â for Â the Â internet, Â and Â by Â violating Â such Â rights Â so Â that Â copyright Â companies Â Â can Â make Â more Â money Â is Â ludicrous. Â Similarly, Â in Â an Â interview Â with Â Dave Â Evans, Â another Â passionate Â response Â is Â given. Â As Â Dave Â de-Â scribes Â it, Â The Â internet Â is Â where Â it Â is Â today Â because Â of Â innovation, Â and Â innovation Â comes Â from Â people Â being Â able Â to Â be Â creative Â and Â to Â try Â new Â things, Â and Â when Â you Â remove Â net Â neutrality, Â or Â you Â start Â plac-Â ing Â restrictions Â on Â people, Â you Â start Â putting Â barriers Â to Â innovation, Â and Â therefore Â you Â start Â putting Â barriers Â to Â advancing Â the Â internet. Â In Â fact, Â itâ€™s Â not Â even Â just Â the Â internet, Â Any Â time Â you Â put Â barriers Â on Â VRPHWKLQJFUHDWLYLW\DQG\RXVWDUWSXWWLQJXSZDOOVIRUSHRSOHLWPDNHVLWGLIÂżFXOWDQGSHRSOHZLOO always Â take Â the Â path Â of Â least Â resistanceâ€? Â (Evans).
Since Â itâ€™s Â a Â part Â of Â his Â job, Â Dave Â Evans Â often Â spends Â a Â lot Â of Â time Â on Â the Â internet. Â But Â thatâ€™s Â not Â the Â only Â work Â Dave Â does. Â He Â also Â works Â a Â lot Â on Â individual Â projects, Â programming Â software Â that Â seems Â very Â futuristic. Â It Â meets Â his Â title Â of Â â€œChief Â Futuristâ€? Â quite Â well. 17
“The Internet is the most powerful communications tool humans have ever created. Placing limits on this tool would be akin to placing tape on ones mouth.”
Chapter Â 2 So Â who Â cares?
Â Dave Â Evans Â is Â the Â Chief Â Futurist Â for Â Cisco Â Systems, Â as Â well Â as Â the Â chief Â technologist Â for Â their Â Internet Â Business Â Solutions Â Group. Â According Â to Â him, Â the Â internet Â is Â one Â of Â the Â most Â necessary Â instru-Â ments Â for Â innovation Â that Â we Â have Â today. Â Â â€œThe Â Internet Â is Â the Â most Â powerful Â communications Â tool Â humans Â have Â ever Â created. Â Placing Â lim-Â its Â on Â this Â tool Â would Â be Â akin Â to Â placing Â tape Â on Â ones Â mouthâ€? Â (Evans). Â The Â internet Â has Â always Â been Â a Â place Â where Â one Â can Â start Â a Â small Â business Â cheap Â and Â easily. Â eBay Â was Â founded Â so Â the Â ownerâ€™s Â wife Â could Â sell Â Pez Â dispensers, Â and Â is Â now Â the Â largest Â auction Â site Â on Â the Â LQWHUQHW:KLOHVWDUWLQJDSK\VLFDOEXVLQHVVLVFRVWO\ZLWKH[SHQVHVVXFKDVRIÂżFHOHDVLQJRUHPSOR\HH contracting, Â a Â website Â can Â be Â started Â for Â as Â little Â as Â $20 Â -Â Â the Â rough Â cost Â of Â a Â domain Â name Â and Â server. Â But Â if Â net Â neutrality Â were Â to Â be Â violated, Â the Â costs Â of Â starting Â a Â business Â on Â the Â internet Â would Â be Â increased Â dramatically. Â In Â order Â to Â start Â a Â small Â business Â online, Â anybody Â who Â wants Â to Â do Â so Â would Â EHUHTXLUHGWRFRPSO\ZLWKWKHWHUPVGHÂżQHGE\DQ\DFWYLRODWLQJQHWQHXWUDOLW\,QWKHFDVHRIWKH examples Â listed Â previously, Â this Â includes Â being Â able Â to Â respond Â to Â a Â take Â down Â request Â to Â have Â their Â content Â removed. Â In Â essence, Â internet Â companies Â would Â be Â required Â to Â actively Â police Â their Â sites Â in Â order Â to Â get Â things Â done. Â But Â is Â this Â feasible? Â Facebook Â has Â over Â 700 Â status Â updates Â posted Â to Â its Â site Â every Â second, Â Twit-Â ter Â has Â over Â 600 Â tweets Â posted Â every Â second, Â and Â an Â hours Â worth Â of Â video Â is Â uploaded Â to Â YouTube Â every Â second. Â Monitoring Â all Â of Â this Â content Â is Â virtually Â impossible. Â Letâ€™s Â go Â back Â to Â Dave Â Evans Â for Â a Â second. Â Among Â other Â things, Â Dave Â is Â the Â founder Â of Â Wetware Â LLC, Â a Â small Â company Â he Â and Â his Â co-Âworker Â started Â as Â a Â side Â project Â from Â Cisco. Â The Â company Â creates Â software Â that Â allows Â computers Â to Â integrate Â over Â the Â internet Â in Â a Â seamless Â experience. Â The Â product Â works Â excellently, Â but Â requires Â internet Â usage Â to Â use. Â If Â ISPs Â charged Â him Â extra Â to Â deliver Â content Â to Â his Â customers, Â he Â would Â be Â out Â a Â good Â chunk Â of Â change. Â In Â essence, Â violations Â of Â net Â neutrality Â make Â running Â small Â internet Â based Â businesses Â impossible. 20
No, this isn’t a computer hacker, although it may look like it. This is just a student working away on one of his proj- ects. While the internet comes in many shapes and forms, the one we are most accustomed to is the familiar form of a web browser. But on the technical side of things, the internet is actually a series of complex pieces of code that interact with each other. In essence, the internet is a series of tubes that interact with each other. 21
Since Â the Â 1970s, Â computers Â have Â become Â increasingly Â common. Â Originally Â created Â to Â be Â used Â by Â the Â internet, Â they Â now Â exist Â in Â nearly Â every Â household Â in Â America. Â Some Â countries Â such Â as Â Sweden Â are Â pushing Â to Â make Â internet Â usage Â a Â right, Â not Â a Â privelage. Â This Â would Â mean Â that Â people Â are Â granted Â internet Â as Â one Â of Â their Â rights. Â That Â would Â make Â an Â LQWHUHVWLQJÂżUVWDPHQGPHQWIUHHGRPRIVSHHFKUHOLJLRQSUHVVDVVHPEO\SHWLWLRQDQGLQWHUQHW
Chapter 3 what next?
In attempts to limit net neutrality, the idea comes to two main circumstances. One is the attempt to limit piracy, and the other is the cost that ISPs are forced to pay in order to make up for bandwidth and other issues. But will either of these really be curbed? Let’s start with piracy. Music piracy is fairly common amongst teenagers, many of which go to our school. Mohan Avula, a junior at Los Altos High School, does not believe that violations of net neutrality would limit his ability, or desire, to pirate things. “I don’t think I would really stop pirating things. Those bills are more targeted towards the sites that host illegal stuff” (Avula). In a sense, Mohan is right. The bills that Congress frequently tries to pass typically do target the websites that host illegal content. But would these sites really be affected if any of these bills were to pass? Not according to an anonymous source, who was interviewed about his involvements with the piracy “scene”. The “scene” in the world of piracy consists of the people who create the piracy websites and upload the content illegally, allowing other people to access it. He believes that by passing these acts, internet piracy would not be curbed in the slightest. “It’s all about notoriety and feeling like a badass,” he said. “These bills Congress is trying to pass doesn’t solve any of the problems, just waste money” (Anonymous). Scene members, or those who actively participate in the world of piracy, typically hang out in what are known as Internet Relay Chat channels, also known as IRC channels (Anderson). According to our anonymous source, the bills Congress is attempting to pass are in no way going after the real issue, but simply going after chump change.
“It’s all about notoriety and feeling like a badass. These bills Congress is trying to pass doesn’t solve any of the problems, just waste money.”
While it’s tough to say what the best way to end internet piracy is, the ways Congress has attempted to do so aren’t working. Net neutrality is one of the most important aspects of the internet, in order to preserve an internet where anybody can post anything they want online. The government has attempted to limit net neutrality in the past, but it is incredibly important that we disregard their efforts and push forward with innovation. 30
Conclusion Â Internet Â piracy Â is Â bad. Â But Â internet Â commerce Â is Â good. Â Where Â can Â we Â draw Â the Â line? :KLOHLWLVTXLWHGLIÂżFXOWWRVD\ZKDWWKHEHVWZD\WRVWRSLQWHUQHWSLUDF\LV multiple Â testimonies Â given Â here Â examine Â the Â fact Â that Â piracy, Â while Â a Â growing Â SUREOHPLVEHFRPLQJTXLWHGLIÂżFXOWWRVWRS%XWOLPLWLQJIUHHGRPRQWKHLQWHU-Â net Â isnâ€™t Â the Â way Â to Â do Â that. Â Internet Â piracy Â is Â bad, Â nobody Â wants Â to Â argue Â against Â that. Â But Â the Â internet Â goes Â beyond Â the Â scale Â of Â internet Â piracy. Â The Â internet Â is Â the Â most Â open Â source Â IRULQIRUPDWLRQWREHVKDUHGDQGIRUWKHIXWXUHWREHDFFHVVHGDWRXUÂżQJHUWLSV It Â is Â necessary Â for Â innovation Â to Â continue Â that Â we Â continue Â to Â support Â the Â inter-Â net Â and Â prevent Â it Â from Â being Â damaged Â by Â big Â companies.
Bibliography Marsden, Â Christopher Â T. Â Net Â Neutrality: Â Towards Â a Â Co-Âregulatory Â Solution. Â London: Â Â Â Â Bloomsbury Â Academic, Â 2010. Â Print. â€œSoftware Â Piracy Â Is Â Copyright Â Infringement.â€? Â Copyright Â Infringement. Â Ed. Â Roman Â Espejo. Â Â Detroit: Â Greenhaven Â Press, Â 2009. Â Opposing Â Viewpoints. Â Rpt. Â from Â â€œWhat Â Is Â Piracy?â€? Â Â Â 2008. Â Gale Â Opposing Â Viewpoints Â In Â Context. Â Web. Â 31 Â Mar. Â 2012. /HH7LPRWK\%Âł+RWÂżOH7XUQV7DEOHV$FFXVHV:DUQHU%URWKHUVRI'0&$$EXVHÂ´$UV Â Technica. Â Web. Â 31 Â Mar. Â 2012. Anderson, Â Nate. Â â€œThe Â Hackers Â Hacked: Â Main Â Anonymous Â IRC Â Servers Â Invaded.â€? Â Ars Â Â Â Â Technica. Â Web. Â 31 Â Mar. Â 2012. Harvey, Â Jason. Â â€œA Â Technical Â Examination Â of Â SOPA Â and Â PROTECT Â IP.â€? Â Blog.reddit. Â 17 Â Jan. Â Â Â 2012. Â Web. Â 31 Â Mar. Â 2012. â€œUnsafe Â Harbors: Â Abusive Â DMCA Â Subpoenas Â and Â Takedown Â Demands.â€? Â Electronic Â Fron-Â Â Â tier Â Foundation. Â 25 Â Sept. Â 2012. Â Web. Â 31 Â Mar. Â 2012. Evans, Â Dave. Â â€œInterview Â with Â Dave Â Evans.â€? Â Personal Â interview. Â 12 Â Mar. Â 2012. Anonymous. Â â€œInterview Â with Â former Â piracy Â scene Â member.â€? Â Personal Â interview. Â 14 Â Mar. Â Â Â 2012. Avula, Â Mohan. Â â€œInterview Â with Â Mohan Â Avula.â€? Â Personal Â interview. Â 19 Â Mar. Â 2012.