As I have described earlier, an indexing of torrent links constitutes one among many other forms of making-public; that is, publication.
2) Different degrees of making-public
Publication is not an absolute term; there are degrees of making public. A document passing in or out of a Swedish public institution is by default defined as legally public. However, parts of it can be censored under certain conditions. Further, due to more recent data protection laws (PUL), an administrative document like this can actually be public yet simultaneously not intended for further circulation, or mass-reproduction.
In the now-infamous case, as so often when Internet technologies are involved, the agency which acts to make public does not reside in but one actor. It is rather to be seen as an upshot of the sad configuration which arises between actors in a media ecology we are still grasping to fully understand: Read the rest of this entry »